January 2006

State & Province News

by , Executive Editor

Alabama

At the end of the month, a trial is set to begin regarding a civil suit brought by the University of Montevallo and the University of Montevallo Foundation. It is intended to halt the opening of a limestone quarry near Ebenezer Swamp. A counterclaim, filed by Middle Tennessee Land Development, said that trying to stop the quarrying amounts to “inverse condemnation.” In its online edition, The Birmingham News reports that university representatives are concerned that the quarry would inflict irreparable harm on the swamp, which belongs to the foundation and is used as an outdoor laboratory. A lawyer for the producer says that the university and foundation cannot sue for harm they have not yet suffered.

Arkansas

Planning Board members in Benton County heard revised plans for a limestone quarry near Siloam Springs, according to the online edition of the Arkansas Democrat-Gazette. Five years ago, Benton County Stone Co. Inc. submitted similar plans for the 88-acre site, but the board turned down the plans. Current plans include a new location for initial excavation and would only excavate two foothill-like formations to ground level. At press time, a decision had not been reached. 

California

Opponents of a 433-acre mining proposal are waiting to hear whether the state will overturn a local decision against the proposal. According to the San Bernardino Sun, the Claremont City Council rejected a joint proposal from Vulcan Materials Co. and Holiday Rock Co. to mine on a site near Mt. Baldy Road and the Interstate 210 extension. Vulcan filed a lawsuit against the city in 2005, saying that the city skirted state law by not setting clear regulations for the mining of mineral resources. The lawsuit also contends that the city did not initiate an environmental review so that officials could thoroughly study the proposal. A hearing on the appeal is scheduled for this month. 

Florida

Rinker Group Ltd. announced plans to increase cement production out of Florida by 50 percent after the construction of a new mill was approved. According to the Australian Associated Press, Rinker will begin construction of its third U.S. mill during mid-2006. The project is expected to cost more than $200 million. 

Hawaii

Grace Pacific Chief Executive Robert Wilkinson says that environmental and operational concerns have led the company to sever its relationship with the operator of its quarry. According to the Associated Press, Grace Pacific owns the main quarry on Hawaii’s Molokai Island. At press time, the company hoped to tap a new operator to replace Dave Patterson, of Patterson Construction and Trucking, who has operated the quarry for approximately 15 years. 

Illinois

Troy-based Quad-County Ready Mix Corp. will celebrate its centennial anniversary this year. According to the Belleville News-Democrat, Herb

Hustedde — who represents the third generation in his family to run the business — has worked for the family business for nearly 50 years. He credits the success of the family-owned business to its strong customer service.

Kansas

As reported in last month’s Aggregates Manager, Ritchie Corp. sold its group of construction materials and paving companies to Lafarge North America. Lafarge has hired the more than 450 employees affected by the sale. Ritchie was founded in 1855 and five generations have been involved in the business. Last year, Tom Ritchie, chief executive, noted that the business was looking for a new partner, investor, or sale. At the time, he said, “We’ve determined there’s a lot of opportunity to grow out there — more opportunity to grow than we’ve got the resources to grow.”

Kentucky

Irish building materials company CRH acquired the aggregates, asphalt, paving, and construction assets of Lexington-based Mountain Companies, the Lexington Herald reports. As part of the deal, CRH also purchased a Minnesota construction company. “These are very well-managed businesses with excellent reserves and strong market positions, which represents a unique geographic fit with the (Oldcastle) Materials’ Division’s existing activities,” Chief Executive Liam O’Mahony says in a written statement. 

Louisiana

Martin Marietta Materials was recently awarded a $14 million road construction contract from the Federal Emergency Management Agency. According to The News & Observer, the contract is one of the largest building contracts to be offered since the Mississippi and Louisiana areas were struck by hurricanes. Chief Executive Stephen Zelnak told the newspaper that Martin Marietta was the only company able to bid the whole project. 

Maryland

The Four Seasons Community Association rejected offers of concessions, cash, and land from Cunningham Sand and Gravel and instead voted to actively oppose the expansion of the producer’s site. According to The Maryland Gazette, a number of neighbors joined the homeowners’ association specifically to vote against the expansion. Cunningham officials have asked the county for permission to mine an additional 17 acres on the 265-acre property. That expansion would bring the site within 300 feet of some homes. 

Massachusetts

Sheffield Selectmen are scrutinizing a proposal for a gravel pit in Ashley Falls and have toured the site. According to The Berkshire Eagle, the board is considering a permit application for a sand and gravel pit on a 24-acre parcel. The proposed operation has drawn opposition from neighbors who are concerned about the proximity of the site, as well as its impact on traffic, noise, dust, and drinking water safety. At press time, the board had not issued a decision on the permit application. 

Nevada

Legislation approved by the U.S. House Resources Committee clears the way for Coeur d’Alene Mines Corp. to purchase 7,000 acres of public land from the Bureau of Land Management. According to the Associated Press, the company would pay approximately $3.5 million, or $500 an acre, to purchase the Rochester mine, which is the seventh-largest silver mine in the world. The silver is nearly tapped out, but the company plans to transform the site into an aggregates operation. 

Nevada

Ready Mix, Inc. announced the opening of a new batch plant site in Las Vegas. Business Wire reports that the new plant is located in the southwestern part of the city. With the new plant on line, the older Henderson plant will be phased out and relocated to a new site. The company also operates a sand and gravel facility in Moapa.

New York

At press time, the town of Milan was set to extend a moratorium on certain types of development, including sand and gravel mining, because town officials were unable to pass an update to the comprehensive plan. The Poughkeepsie Journal reports that the town board voted 3-2 in favor of a comprehensive plan, but failed to meet the supermajority 4-1 vote required because county planning officials did not agree with portions of the plan. According to the newspaper, the county questioned the plan’s elimination of a floating light industrial zone that allowed for sand and gravel development. 

Ohio

More than 58 percent of those casting ballots in the Nov. 8 election voted against a zoning resolution in Worthington Township, near Mansfield. Issue 27 was developed in response to a new sand and gravel operation in Bellville. During the days leading up to the vote, one of the members of the township zoning commission submitted a letter to the Mansfield News Journal saying that the zoning ordinance would encourage developers such as aggregate producers to “look somewhere easier to do their dirty work.”

Rhode island

Coventry residents are urging the town council to crack down on what they call illegal sand and gravel operations, The Providence Journal reports. State Rep. Nicholas Gorham (R-Coventry) told the newspaper that “the gravel situation is out of control.” He claimed that his office receives regular calls complaining about the proliferation of sand and gravel sites. Town officials acknowledged the increase in extraction activity and said that it would be one of the group’s top priorities.

Utah

In November, voters approved a zoning change that will allow for redevelopment of a 107-acre gravel pit in Sandy, the Deseret Morning News online edition reports. Following strong community opposition — and a $16,000 campaign against the zoning change — voters opted in favor of a development that will include a Lowe’s Home Improvement Center and a Wal-Mart.

Vermont

The Clarendon Select Board has approved spending $1,500 to investigate health and safety matters related to an operation owned by J.P. Carrara and Sons, Inc. According to the online edition of Rutland Herald an additional $1,500 was approved to allow the town’s attorney to follow Carrara’s appeal of an Act 250 permit through Environmental Court, and to participate, if necessary. The board discussed the issue in a 90-minute executive session that was attended by three board members, the town attorney, and Annette Smith, executive director of Vermonters for a Clean Environment.

Virginia

Land use in King and Queen County is shifting from agricultural to sand and gravel mining, the Daily Press reports. According to the newspaper, mining of sand and gravel provides a large portion of the county’s tax base. 

State Spotlight

Protecting mineral rights and endangered species

After approximately 18 months of negotiations, the developer of a proposed sand and gravel operation near Maytown, Washington, and conservation groups reached an agreement on how to protect rare species and critical habitat while allowing for minerals development.

Under the tentative agreement, a mine operator would be able to buy nearly 500 acres and use 284 acres for a mine site, with anticipated extraction of 20 million cubic yards of gravel. A recycling operation would also process 100,000 tons of asphalt and concrete each year.

Another 1,000 acres of adjoining property would be sold to the state Department of Fish and Wildlife for a nature preserve that would include native prairie lands, oak woodlands, and two streams. It would also be home to several rare species such as the Oregon spotted frog, rare butterflies, western grey squirrel, golden paintbrush, and bull trout.

The agreement came about in response to initial opposition from conservation groups. After reports from experts in hydrogeology and wetlands biology indicated that the mine wasn’t likely to damage surrounding areas, conservation groups and state resource agencies supported the plan for redevelopment of a former explosives manufacturing plant as a sand and gravel mine.

“This is an unprecedented agreement,” Heath Packard, policy director for Audubon Washington, told The Olympian. “It sets the stage for future collaborative efforts between conservation groups and industry.”

As part of the agreement, the mine operator agreed to set aside $325,000 in a conservation fund that will pay for long-term monitoring that will be managed by the conservation groups. A total of 17 groundwater-monitoring wells will be set up in and near the mine. A condition proposed by county planners would also require the mine owner to repair or replace any private wells if they experience a loss of water quality or quantity due to the mine.

Reprinted from Aggregates Manager Magazine
January 2006