Probst appeals DEP approval of Sunnybrook Mitigation Bank permit
Rep. Tarah Probst November 6, 2025 | 2:56 PM
HARRISBURG, Nov. 6 – State Rep. Tarah Probst filed an appeal challenging the Pennsylvania Department of Environmental Protection decision to issue a 401 Water Quality Certification permit for the Sunnybrook Mitigation Bank in Damascus Township, Wayne County.
The appeal comes after repeated requests for a public hearing were ignored by DEP before the permit was granted.
The Sunnybrook Mitigation Bank was designed to offset wetlands and waterway impacts caused by the I-80 Expansion Project in Monroe County, a billion-dollar initiative that has generated widespread public concern. Over 2,000 local residents have signed a petition calling for the project to be scaled back and for affected communities to have a voice in decisions impacting their homes, waterways and quality of life.
“Our office requested a hearing multiple times so that the public could exercise their right to due process,” said Probst, D-Monroe/Pike. “Instead of responding, DEP went ahead and issued the permit. This is unacceptable. The people of Monroe County deserve transparency, fairness and the chance to be heard.”
The appeal contends that the DEP approval process for the 401 Permit violated procedural due process by failing to provide public participation opportunities guaranteed under state and federal environmental law. It also argues that the Sunnybrook Mitigation Bank, constructed over 60 miles away from the I-80 project area, fails to adequately compensate for the ecological and community impacts expected within Monroe County.
“This is about accountability. When agencies bypass public hearings, they silence the very people they are supposed to protect. This appeal is about restoring the public’s right to participate in decisions that affect their land, water and future,” Probst said.
“The Brodhead Watershed Association opposes mitigation efforts that occur outside the watershed where the impacts take place,” said BWA Executive Director Stephanie Uhranowsky. “The ecological functions, values and benefits of water resources within the Brodhead Watershed cannot be replaced elsewhere. Mitigation outside the watershed provides no benefit to the Brodhead Creek."
The appeal has been filed with the Pennsylvania Environmental Hearing Board, which will determine whether DEP’s issuing the permit was lawful and appropriate.