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Critics assail report on Kilbuck landslide
Tuesday, December 05, 2006

A state-mandated geological report on the massive September landslide that closed Route 65 in Kilbuck shows most portions of the site have stopped slipping, but claims it's too soon to say how the hillside will be permanently stabilized and developed into a shopping plaza.

The 98-page report submitted Friday by DiGioia, Gray & Associates, consulting engineers hired by the developer, contains 83 pages of graphs, charts, data, photos and maps, but makes no attempt to analyze the cause of the landslide, determine when the slide area will be stabilized or give any indication of how the development will proceed.

The state Department of Environmental Protection, which ordered Kilbuck Properties LP, the site developer, to submit what was supposed to be a "full and complete" geotechnical report, is reviewing the document that was released yesterday.

"We will not have a comment until we've given it a more thorough review," said Helen Humphreys, a DEP spokeswoman. She refused to say if the report met the order's requirements.

The Pennsylvania Department of Transportation and the Department of Conservation and Natural Resources also will review the report.

The landslide dropped hundreds of thousands of cubic yards of rocks and dirt on Route 65, closing the highway for nearly two weeks, and shutting down the Norfolk Southern railroad main line for three days. About 10 acres continues to creep at a rate of a little more than an inch a day.

After the Sept. 19 landslide, the DEP had ordered the developer, Kilbuck Properties LP, to submit a report on the site's geology, detailing how the property will be managed to achieve permanent stability, along with a schedule for accomplishing that goal. The report was originally due Nov. 1, but the DEP granted the developer an extension to Dec. 1.

Despite the additional time, the report states that "sufficient time has not elapsed since placement of the monitoring devices to gather the data necessary to provide a final plan for permanent stability."

Instead, the report, signed by Richard Gray, principal of the developer's engineering consulting firm, and Mark Brashear, senior engineer for Pennsylvania Soil & Rock Inc., said the redesign of the River Pointe shopping plaza "will provide for a final plan resulting in the permanent stability of the slope."

The report does not indicate when such a redesign plan would be completed, and neither John Atwood, president of Kilbuck Properties, nor Mr. Gray nor Mr. Brashear returned phone calls requesting comment.

Bob Keir, a leader of Communities First!, a citizens group formed to oppose the $28 million, Wal-Mart-anchored development, said the report falls far short of what state agencies need to assess continued development plans on the 75-acre former Dixmont State Hospital property.

"This is just a statement of how many holes were drilled and where. There's no mitigating plan there at all," Mr. Keir said. "Instead, it says they're going to redesign the shopping center and then give the state its stabilization plan, which means they don't have a plan.

"They should be embarrassed because they didn't give the DEP what it wants and needs," he said. "This is just a delaying tactic, the same kind of runaround we've been getting on this project for 41/2 years."

State Sen. Jim Ferlo, D-Highland Park, who is a member of a joint Senate-House committee that held a hearing on the Kilbuck landslide last month, called the report a "perfunctory narrative," and said it provides none of the landslide analysis the state agencies requested and the public needs.

"If this issue wasn't so serious, the report would be laughable," Mr. Ferlo said. "The DEP should dismiss it and trash the document."

He has formally requested that state Attorney General Tom Corbett and Allegheny County District Attorney Stephen A. Zappala Jr. intervene and investigate the actions of Kilbuck officials related to the granting of permits and dozens of slope grading variances that allowed construction of a steep-sided plateau for the shopping plaza on a landslide-prone property.

"There are issues involving ethical misconduct and actions bordering on possible criminal negligence," Mr. Ferlo said, "but no regulatory body is reviewing this debacle."

The Joint State Government Commission is forming a special four-member task force to investigate the cause of the Kilbuck landslide, and last month appointed state Rep. Tom Petrone, D-Crafton Heights, and Rep. Sean Ramaley, D-Conway. The final two members have not been appointed and probably won't be until the Legislature reconvenes early next year.

Jim Struzzi, PennDOT's district spokesman, said the department will spend a week fully reviewing the report, but hopes to move quickly on reopening one of the four lanes of Route 65 in the slide area closed as a safety precaution and having the developer rebuild the two northbound lanes of the road.

"We want to make sure it's safe, then move forward on reopening the one lane still closed," Mr. Struzzi said. "Then we want to approve a plan to reconstruct [the northbound lanes] as soon as possible."

First published on December 5, 2006 at 12:00 am
Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.
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