| State & Province News |
August 2007
State & Province News
by , Executive Editor
California
After more than 20 years of effort to expand its operation, Kaweah River Rock Co. is close to securing its goal. According to the Visalia Times-Delta, the Tulare County Board of Supervisors voted 4-0 to approve an environmental impact report and a surface mining permit. They denied an appeal from the Valley Citizens for Water, an anti-mining group. The environmental impact report will be presented to a Tulare County Superior Court judge for final review and approval.
California
In mid-June, the Mine Safety and Health Administration (MSHA) announced that it had warned eight mining operations across the country that they may face sanctions for repeat violations of safety and health regulations. According to the Associated Press, Oro Grande Quarry in San Bernadino was one of those operations. MSHA told the newswire service that it concluded each of the operations has a pattern of safety and health violations based on the past eight quarters. Notification may be the first step toward a temporary shutdown. The operations have 90 days to significantly reduce the rate of violations while operating under MSHA scrutiny. If the rate improves, the agency said it wouldn’t issue a notice of a pattern of violations.
Connecticut
The state legislature introduced a bill that would allow the expansion of Tilcon Connecticut’s quarry in New Britain, the Hartford Courant reports. The legislation would let the New Britain Water Department lease 131 acres to Tilcon for a 40-year period. State law prohibits the sale of watershed land for commercial purposes. State Sen. Donald DeFronzo (D-New Britain) told the newspaper that New Britain city officials asked for help with the deal, noting that Tilcon would pay the city $12 million to $15 million for the lease. The town manager told the newspaper that if the deal is approved, Tilcon would move the existing quarry zone line away from adjacent residential properties. To placate environmentalists lobbying against the bill, conservation easements were added on large parts of the parcel to ensure they would be kept as open space. The adjacent towns of Plainville and Southington, along with New Britain, would also acquire Tilcon-owned land adjacent to the leased parcel to be use as open space at no cost.
Florida
The 104-acre site of a former sand and gravel operation in northwest Cape Coral may become a housing development if a zoning change is approved. According to The News-Press, the Cape Coral Planning & Zoning Commission will consider a request to change the zoning from agricultural to residential. If approved, the land, called Embers Lake Estates, could eventually become a mix of multi-family, single-family, and commercial development.
Illinois
More than 250 people attended a meeting of the Cary Planning and Zoning Board to discuss a request made by Meyer Material Co. to rezone a parcel of land in the Fox Trails subdivision from residential to agricultural. The Chicago Daily Herald reports that the meeting was contentious, adding that residents collectively spoke for more than two hours. The company wants to mine the area for a 10-year window.
Illinois
According to the Illinois Association of Aggregate Producers, H.B. 1105, the Teamsters’ Prevailing Wage Act expansion bill, failed to make it out of the Senate Labor Committee. The bill would have extended the provisions of the Prevailing Wage Act to drivers that haul aggregates, hot-mix asphalt, and ready-mixed concrete to public works projects, as well as to any drivers that haul back materials excavated from those sites. A variety of trade associations and the City of Chicago opposed the bill. H.B. 150, legislation that would have reduced annual NPDES permit fees for aggregate mines, and S.B. 268, a bill that would place a 10-percent surcharge on all heavy highway diesel trucks, also failed to make it out of committee.
Kansas
At Aggregates Manager press time, the Shawnee County Commission was slated to discuss a process for determining when Kansas Sand and Concrete should make repairs to Valencia Road in Topeka. According to the Topeka Capital-Journal, the issue dates back to early 2006 when the commission approved a conditional-use permit for the company to extract sand and gravel from a site on the south side of the Kansas River. Neighbors were concerned about the operation’s impact on road conditions and are now saying their predictions have come true. An agreement to be considered would set up a process of regular review of road deterioration and attribute a portion of the responsibility to the company. If the county and company disagree, the county public works director would make the determination.
Kentucky
The Kentucky Crushed Stone Association (KCSA) and the Mine Safety and Health Administration (MSHA) will jointly sponsor a seminar, “Diesel Particulate Matter (DPM) Controls for Underground MNM (metal/non-metal) Mines,” on Aug. 14, in Lexington, Ky. The seminar will cover the 2006 final rule, an integrated approach to DPM control, recent MSHA DPM sampling results, an overview of DPM control technologies, and a panel discussion and question and answer session. For more information, contact the KCSA at 502-223-2379.
Maryland
A highly prized 857-acre tract of land, home to the former Naval Academy Dairy Farm, will become a community garden and botanical garden, The Baltimore Sun reports. Anne Arundel County, Maryland Sunrise Farms, and a joint proposal from Chaney Enterprises and Reliable Contracting Co. Inc. put forth three serious bids for the property. Anne Arundel County had the winning bid. County Executive John Leopold told the newspaper that he would like to see the current tenant, Maryland Sunrise Farms, maintain a presence on the site.
Michigan
At Aggregates Manager press time, the Alamo Township Zoning Board had again failed to reach a decision on whether to allow a gravel mining operation in a rural residential area in Kalamazoo. The Kalamazoo Gazette reports that discussions were scheduled to resume at the board’s next meeting. An attorney for Aggregate Industries told the newspaper that after seven months of debate, the company needed a decision on its request for a special use permit for the 165-acre operation. At its early June meeting, the board discussed the issue for three hours as it debated whether there is a need for more aggregate and whether there are conditions that it could require to reduce the environmental impacts of an operation.
Mississippi
Phoenix Associates Land Syndicate announced that it entered into an agreement to purchase a 1,700-acre gravel pit in southwest Mississippi. According to Market Wire, the acquired reserves — when coupled with the company’s 820-acre Murphy Sand & Gravel site in Pearl River, La. — make Phoenix the largest supplier of aggregates in the Louisiana and Mississippi Gulf Coast region. “Due to the enormous demand for gravel, different types of sand and soil products, it has made it extremely important for Phoenix to grow this division of our company,” says Paul Alonzo, CEO of Phoenix. “Current sales projections for our sand and gravel division exceed our current abilities to deliver product.”
Montana
The Montana Department of Environmental Quality (DEQ) announced that three mining operations have paid administrative penalties totaling $3,425 to resolve violations of the Opencut Mining and the Metal Mining Reclamation Acts. The DEQ initiated three separate administrative enforcement actions against Gary Kruger of Kalispell for allegedly failing to have a permit from the department before he began a gravel mining operation; Kenneth Mikesell of White Sulphur Springs for expanding his Meagher County gravel mining operation beyond the permitted area and for his failure to post additional bond; and James McDonald, the former owner of McDonald Ready-Mix, for allowing the Lewistown company’s gravel mine to continue to operate without posting an increased reclamation bond and for his failure to submit three annual progress reports.
Nevada
A pact between the Nature Conservancy and Sierra Pacific Power Co. will block future development of 3,350 acres of terrain between the Floriston, Calif., and Nevada state lines. The Associated Press reports that the Nature Conservancy will pay $2.2 million for the land — property that a gravel company had sought for a future aggregates operation.
New York
Approximately 100 people attended a public hearing on a law that would allow the expansion of mining operations in the Shepard Settlement area of Skaneateles. The Post-Standard reports that 25 of the 27 people who spoke before the town board voice opposition to the expansion. In April, the board voted 3-2 to approve the wording on a law that would draw boundaries around the current mining district, but allow a landowner to mine an 80-acre property. One town councilor said that the board would review the testimony, as well as letters sent to the board and discuss the law at its next meeting.
New York
Milan town officials are banking on a proposed state law to combat Red Wing Sand and Gravel’s proposal for a gravel mine in that community. According to the Poughkeepsie Journal, the state Assembly passed a bill that would prevent the state Department of Environmental Conservation from reviewing mining permits for sites located in municipalities with mining bans already in place. The bill sponsor, state Sen. Steve Saland (R-Poughkeepsie), told the newspaper that he hopes the bill will be passed expediently. “It’s simply a matter of ensuring that local governments have the final say in the granting of mining permits,” he said.
North Carolina
Following a town hall meeting in Pleasant Grove, the U.S. Army Corps of Engineers said that it does not need to hold a public hearing on the proposed expansion of Martin Marietta Materials’ operation near Green Level. According to the Times News, Martin Marietta is seeking to expand its 610-acre tract by 73 acres. A spokesperson for the Corps told the newspaper that it did not think it would get information from a public hearing that it did already receive from the town hall meeting. The spokesperson also noted that the Corps can approve unavoidable impacts, but the company has to consider all profitable, viable options.
Ohio
A 24-year-old man died in a boating accident after his boat overturned in a quarry behind Associated Ready Mix Concrete in Mantua. The Beacon Journal reports that John Nicadra Jr. went into the water after his boat overturned. An emergency call was made to the fire department after a companion’s rescue attempt failed. Authorities responded to the call at 1 a.m. Nicadra’s body was recovered at 1 p.m. after using sonar equipment and divers.
Pennsylvania
Skippack Township-based Haines & Kibblehouse has asked for the state Department of Environmental Protection’s permission to expand its operations at its H&K Material and Blooming Glen Quarries. The company wants to expand the 73.5-acre H&K operation by 82.4 acres and the 58-acre Blooming Glen by 12.4 acres, according to the Morning Call. After 16 public hearings, the company has reached an agreement with Hilltown supervisors on the expansion in 2005.
South Carolina
The Port of Georgetown announced a deal with Martin Marietta Materials to increase shipments by 65 percent. The Post and Courier reports that the agreement guarantees that Martin Marietta will move 500,000 tons of aggregate a year through the terminal.
Utah
The North Salt Lake City Council approved a development agreement with Compass Development Group to redevelop a gravel pit east of I-15 into a mixed-use development. The project, known as Eaglewood Village, is expected to be complete by fall 2008, according to the Deseret Morning News. The 90-acre property will become home to 570 residences including condominiums, town homes, row houses, and lofts. An additional 120,000 square feet of retail shops and 340,000 square feet of office space will round out the development.
Washington
S. B. 5972, sponsored by Sen. Bob Morton (R-Kettle Falls), was signed by Gov. Chris Gregoire on April 21. The bill expands the Department of Natural Resources’ enforcement authority to prevent unpermitted mining operations, including the authority to issue a stop-work order. The bill was unanimously approved by both the state House of Representatives and Senate. “These mining operations often end up being a dumping place for discarded items. The other problem is these sites do not get restored,” Morton said in a press release. “In addition, operators of these gravel mines can conduct business more cheaply than permitted mines that follow the rules. This creates unfair competition for law-abiding businesses.” The law was scheduled to take effect on July 22.
West Virginia
The West Virginia Office of Miners’ Health, Safety and Training approved a wireless device to help rescuers track and communicate with trapped miners in mid-June. The system was developed by Ontario, Canada-based Varis Mine Technology Ltd. in response to federal requirements for use of such systems in all underground coal mines by 2009. According to the Lexington Herald-Leader online edition kentucky.com, the office also gave conditional approval to three other tracking and communications systems and two tracking systems.
