September 2001

Management

U.S. Bankcorp Piper Jaffray
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State by State

Census Supplement Shows Commute Times are Increasing. Congestion trends should spark elected leaders to action.

CSR America, Moline Consumers Co. Unveil New Identities. What’s in a name? Better branding according to these two producers.

Studt Provides Guidance on the Tulloch Rule. Corps chief says vague definition of incidental fallback is the problem.

Democrats Contemplate Asbestos Regs. Senate leaders pontificate, but Lauriski says the Mine Act is enough.

A Fresh Perspective on Aggregate Industry Economics. A new editorial partnership enhances economic coverage of the market.

State by State

Compiled by Therese Dunphy

Alabama

Birmingham—An editorial in The Birmingham News promoted education spending over highway spending, saying that “asphalt doesn’t always equal economic development.” The editorial was written in response to a proposed 320-mile freeway for western Alabama, where Census data shows most of Alabama’s growth in the 1990s occurred not in cities, but along major highways. The editorial writer admitted that the $4-billion freeway from Muscle Shoals to Mobile would help draw industry, spark small businesses and expand infrastructure in the Black Belt and other counties with high jobless rate. “Yet the smoothest, widest paved road through west Alabama won’t bring what’s really needed to transform the region into an area where people have a brighter future, with an abundance of higher-paying jobs and a better quality of life,” the editorial said. “Better education at all levels, from kindergarten to college, is the key.”

Alaska

Anchorage (AP)—Planes, trains and automobiles are proving to be a tough combination in Anchorage where a new $28 million rail depot going to the city’s airport is creating delays for travelers driving to the airport. The Alaska Railroad passenger train crosses the main thoroughfare to Ted Stevens Anchorage International Airport. What was intended as a time saving measure is actually costing additional time for motorists who do not use the rail service. Local officials are considering running the train only in the summer, at first, to target cruise ship passengers.

Arizona

Phoenix—Jurisdiction over the state’s aggregate operations was the focus of a recent editorial in The Arizona Republic. According to the newspaper, county control is the key to improving relationships between members of local communities and the industry. The editorial writer said that power should be transferred to local agencies “that have the manpower and the local ties to effectively regulate pits.” The writer also said that zoning laws should be changed to protect both groups by establishing better buffers between residential areas and aggregate operations.

Arkansas

Little Rock(AP)—A $30 million improvements project at Little Rock’s airport is expected to wrap up in about two months. A new three-level parking deck will provide an additional 800 parking spaces. The baggage claim area was also expanded. The airport is planning future improvements projects, including work on runways and outer roads of the airport.

California

Santa Clarita—In late July, federal officials agreed to reconsider the impact of Transit Mixed Concrete’s proposed 460-acre, 56 million-ton reserve mine could have on the area’s environment, according to an article in The Daily News of Los Angeles. In exchange, city officials agreed to drop two lawsuits against the Federal Bureau of Land Management. According to the newspaper, the action was prompted by the discovery of the endangered Southwestern arroyo toad on the proposed site.

Colorado

Granite (AP)—A 71-year-old Salida man died after falling about 60 ft. into a mine shaft he was checking for safety. Edward Bradbury, a former Chaffee County commissioner, fell down the shaft of the Yankee Blade Mine on his property and died shortly after he was pulled out. Chaffee County Undersheriff Norm Nyberg said Bradbury was checking the mine cover for safety when he dropped a wrench and climbed into the shaft to retrieve it. A platform gave way and Bradbury fell.

Connecticut

Portland—Reclamation plans at local quarries have incited strong feelings in members of this New England community, according to The Hartford Courant. The town is paying a landscape architect $50,000 to develop one former quarry site—which it now owns—into a recreational tourist attraction. On the outskirts of town, however, a quarry owner is locked in a bitter dispute with neighbors over his reclamation plans.

Delaware

St. Georges (AP)—The U.S. Army Corps of Engineers has found itself up the creek without a paddle in a situation involving a 4,209-ft. bridge spanning the Chesapeake and Delaware Canal. The Corps, which is repainting the 59-year-old bridge to cover lead-based paint, would like to get rid of it. Congress, however, has prohibited the use of federal funds to close it or demolish it. The Corps has refused to claim ownership and maintenance responsibilities for the neighboring bridge over Route 1, which opened in 1995. State officials say that an agreement was in place when the Corps assumed ownership of the canal in 1919, making it responsible for maintaining “good and sufficient” crossings. The Corps has offered the bridge to the state, which declined. “The state has always said no,” said Ray Harbeson, chief engineer for the DOT. “Even if they give you the bridge at no cost, the state would be setting itself up for heavy costs in the future because of maintenance.”

Florida

Tavares—After a five-hour long hearing in late July, county commissioners approved Tarmac America’s permit for a 240-acre project, according to The Orlando Sentinel Tribune. A condition to the approval was that the operation use highly treated waste water as its primary source of water. The company will pay 11¢ for every 1,000 gallons to repay Orange County’s cost to extend a reuse pipeline to its property.

Georgia

Gwinnett County—Gwinnett County residents support impact fees and mass transit, but not smart growth elements such as dense urban development, according to an article in The Atlanta Journal-Constitution. A survey of 600 registered voters was performed on behalf of the county’s Growth Issues Steering Committee. Mixed-use zoning, an underlying principle of smart growth, was viewed negatively by 54 percent of respondents. According to the newspaper, residents were concerned about growth, but don’t want it halted altogether. About 73 percent said that county officials should control growth; 9 percent said nothing should be done; and 17 percent said the county should stop growth. On the transportation front, 51 percent said that mass transit is the best solution to traffic congestion; 24 percent support car and van pooling; and 20 percent believe the county needs more roads.

Hawaii

Lahaina (AP)—The Maui County Cultural Resources Commission flatly rejected a request from the county to amend language protecting a historic bridge that would allow a central Maui road to be widened to ease future traffic congestion. The commission also voted to write to the state DOT with a list of questions and complaints about the state’s work on its section of the historic Hana Highway. Commission members were upset at what they described as the ugly emergency repairs to shore up a collapsed section of roadway.

Idaho

Lewiston (AP)—Alchemy Ventures of Richmond, British Columbia, wants to mine kaolin on state land, but the state Land Department officials are asking for more information before allowing the project to begin. Before the department will allow mining, the company must prove the deposits are worth more than the timber on the land.

Wallace—Two miners were killed at Coeur Silver Valley Inc.’s Galena mine on June 5, according to a preliminary accident report from MSHA. Perry Stack, 47, and Wayne Brenner, 34, were using jack-leg drills to bolt the back of the slope when a rock burst occurred. The rock burst dropped material 6-8 ft. deep, 11 ft. wide and 10-12 ft. long in the stope, fatally injuring both miners. Each had approximately 10 years of mining experience.

Illinois

South Elgin—Faced with dust complaints from neighbors, Fox River Stone Co. announced that it would form a community advisory council. According to the Chicago Daily Herald, the producer also announced plans for an open house which was scheduled for the end of August. “We’ve been here a long time, and we want to be good neighbors,” Daniel Foltyniewicz, risk manager, told the newspaper, adding that the operation uses dust control measures to prevent dust problems.

Springfield (AP)—The state DOT has awarded a $7 million contract to a company that will oversee the purchase of land for a new airport south of Chicago. Hanson Engineers Inc. of Springfield will buy and manage 4,200 acres for the first phase of a proposed airport near the town of Peotone. The state has allocated $45 million to buy land for the airport.

Indiana

Bloomington (AP)—During the summer, police here were cracking down on trespassers sneaking into local quarries to swim. Area quarries have had a long history of attracting illegal swimmers. That problem may be due, in part, to the 1979 movie Breaking, which was filmed in Bloomington and featured young actors swimming at a local quarry.

Iowa

Ames (AP)—The Story County Planning and Zoning Commission has decided not to endorse an amendment that would have created a stricter mining code. The proposed amendment to the county’s zoning law would have required mines to be 1,000 ft. from all homes and residentially zoned property. The commission unanimously rejected the amendment.

Kansas

Kansas City—Preliminary plans for a light rail system in Kansas City are generating criticism from suburban communities. According to an editorial in The Johnson County Sun, the $1 billion light rail system would only serve 15,000 annual riders—or about 1 percent of the metropolitan population. While the newspaper said that Kansas City has one of the worst public transportation systems in the United States, the editorial writer said that light rail was the wrong approach.

Kentucky

Frankfort (AP)—A biennial report from the state’s Environmental Quality Commission said that it was making progress on 25 broad areas while losing ground in 20 others. Water quality in the state’s public lakes has declined, and the report said that while mining and dumping of raw sewage were significant threats to water quality, agriculture is the biggest contributor to problems in the state’s waterways. The report also said that although air quality has improved, some areas may not be able to meet stricter guidelines, such as those coming for ozone and particulates.

Louisiana

Baton Rouge (AP)—The state Department of Transportation and Development was given approval to hire a consultant to manage a special highway construction program that voters approved in 1989 and is running behind schedule. The Joint House-Senate Committee on Transportation, Highways and Public Works unanimously approved a request by department Secretary Kam Movassaghi to solicit proposals from firms interested in running the $2.5 billion Transportation Infrastructure Model for Economic Development program for the agency. Movassaghi said a firm could be hired in early January and start managing the program by fall 2002. He said the finalists for the job—as many as 10—will receive $50,000 each for the proposals they submit, with the studies becoming the property of the agency to help plan the program better “and for our own analysis.”

Maine

North Berwick—The town of North Berwick was fined more than $3,000 for illegally mining a gravel pit, according to the Portland Press Herald. The town mines gravel from the pit, which it began leasing in 1988, for road construction materials. A random inspection by state government officials showed that no permits had ever been issued for mining at the site. The town manager told the newspaper that it was “an oversight.”

Maryland

Douglas Point—Maryland Rock Industries Inc., which was denied permission to operate a sand and gravel operation at Douglas Point, withdrew its appeal of the decision. According to The Washington Post, the company is continuing its appeal to the Charles County Board of Commissioners. According to the report, county commissioners said the company’s action would probably expedite its resolution because the commissioners were not going to consider it until the court had made its decision.

Massachusetts

Hubbardston—Local government officials here want to meet with the operators of a clay pit which, they say, is violating the terms of its permit. According to the Telegram & Gazette, if a representative of the operation—which is owned by The Roach Corp.—does not meet with the area’s selectmen, the town will issue a cease and desist order for the pit.

Michigan

Monroe (AP)—The Michigan Aeronautics Commission approved a $1.34 million grant for improvements at the Monroe Custer Airport. The money will pay for most of the cost of a new taxiway and lighting. “It’s a huge safety improvement,” said Jim Gotha, operator of the city-owned airport. Gotha told The Monroe Evening News that he expects the bulk of the construction to occur next year. The taxiway is part of a five-year master plan for the airport that includes various improvements.

Minnesota

Minneapolis—Convinced that Minnesota’s severe traffic jams are hurting its economy, the president of the Greater Minneapolis Chamber of Commerce and Governor Jesse Ventura’s representative on the Major Transportation Projects Commission, David Jennings, is now looking for ways to raise $500 million more a year and reach a partisan consensus on better and faster construction of roads, bridges and rail lines to avert even worse congestion. According to the Pioneer Press, Jennings envisions a streamlined construction process. He also wants new provisions for acquiring right-of-way, running environmental assessments and overcoming local obstacles. The commission, created by lawmakers last year to review the state’s multi-million dollar transportation projects, eliminate inessential ones and prioritize others, is expected to make its first recommendations to the governor and the legislature by Sept. 30. Jennings said the issue should be put on the agenda for 2002 elections to “at least provoke a debate.”

Mississippi

Leakesville (AP)—Greene County will no longer be the missing link in a four-lane highway system connecting the Gulf Coast to Tennessee. One of the last sections of Phase 3 in the 1987 Four-Lane Highway Program, which places a four-lane north/south road through Greene County, will see construction begin soon. The new four-lane thoroughfare will connect Highway 45 in Wayne County with Highway 63, which runs south into Jackson County.

Missouri

St. Louis (AP)—A decision is expected soon on whether or not the U.S. Army Corps of Engineers will require a full-scale environmental impact study on a proposed cement plant. Holnam Inc. wants to build a $600 million plant in Ste. Genevieve County, but several officials, including Gov. Bob Holden, want a study on air quality first. A Corps spokesman said that it will stick to the five-step regulatory oversight established by federal law when making its decision on whether or not to require the study.

Montana

Nye—A miner died June 5 at Stillwater Mining Co.’s operation in Nye, according to a preliminary accident report from MSHA. Adam Viers, 27, had taken a loader to retrieve drill steel. The loader rolled down an incline, and Viers was seriously injured when he tried to enter the cab to stop the moving loader. He died of his injuries a day after the accident. He had eight years of experience, four of which were at the Stillwater mine. The same operation had a second fatality on June 14, according to a separate preliminary accident report from MSHA. John Winninghoff, 56, was killed as he and another miner were setting up to bolt. The operator of the LHD was sent for additional materials and, on his return, did not see the victim kneeling in front of the drift. Winninghoff was struck with the right front tire.

Nebraska

Lincoln (AP)—Good road design may be expensive, but it’s worth it, the Nebraska Legislature’s research department deemed. In a recent review, the Legislative Research Division determined the $10 million annual cost of hiring outside engineering consultants to help the Department of Roads design road projects is not excessive. The $10 million expense is a third of the department’s annual engineering budget. The research report said use of those consultants was “sensible and consistent with the way consultants are used in other states.” Outside consultants, the report said, are used for work that state staffers do not have the time or expertise to address. The report is part of the Legislature’s ongoing evaluation of state programs.

Nevada

Carson City (AP)—Time limits were the focus of arguments before the Nevada Supreme Court as attorneys for the mining industry tried to revive a major energy bill, which was approved after the scheduled adjournment of the 2001 Legislature. About two dozen measures were approved an hour after the session ended, including AB661, which would let major power users, including mines, make their own deals for cheap electricity. At press time, the court had not made a decision.

New Hampshire

Durham (AP)—Investigators are looking into a construction blast accident which showered a neighborhood with chunks of granite in late July. No one was injured, but some homes had close calls. Some residents said 30- and 40-lb. rocks flew over trees and landed in their yards or driveways. Durham Fire Chief Ronald O’Keefe called it a freak accident.

New Jersey

West Trenton—According to the New Jersey Concrete and Aggregate Association, the state budget includes $35,000 for a “Wonder of Minerals” education program. The association worked with Assemblyman Joe Malone (R, LD-30) and Acting Governor Don DiFrancesco to get approval for the grant money. “This funding will go a long way in helping to improve the awareness of the sand, gravel and stone industry in New Jersey,” said Bill Layton, executive director of the association. “The more people understand and know the role these minerals play, the better they will understand why we need to foster such operations that produce these minerals.”

New Mexico

Ruidoso (AP)—The Lincoln County Commission passed a resolution calling for a halt to construction work on U.S. 70 between Ruidoso Downs and Roswell, citing lack of turn lanes and shoulder space. Peter Rahn, secretary of the state Highway and Transportation Department, said the bonding authority for the highway is about to expire and the move could jeopardize the $95 million project.
New York

Coeymans (AP)—A conveyor belt fire temporarily shut down the Lafarge cement plant here. A 100-ft. section of belt caught fire after hot clinker went on the conveyor before cooling down. A cooling system failed to lower its temperature. A team of 80 firefighters put out the blaze in under two hours.

North Carolina

Raleigh—Martin Marietta Materials, Inc. announced the purchase of the stock of Sha-Neva Inc. and related companies, of Reno, Nev. Martin Marietta acquired two quarries and a sand operation in the Reno area and a quarry in Truckee, Calif. The company produces about 1.3 million tons annually and has mineral reserves exceeding 130 million tons. The purchase price was not disclosed.

North Dakota

Bismarck (AP)—Knife River Corp. acquired West Hawaii Concrete in mid-July. West Hawaii Concrete has annual revenues in excess of $20 million. “By adding this company, we are gaining a well-established construction materials company on the largest island in the state of Hawaii,” said Terry Hildestad, president of Knife River.

Ohio

Twinsburg—According to The Plain Dealer, Independence Excavating Inc. is suing the city of Twinsburg, alleging that the city’s prohibition against strip mining is unconstitutional. The lawsuit requests a conditional use permit to allow the company to mine sandstone. The prohibition against mining is in the city’s Unified Development Code, an updated version of its zoning regulations. According to the newspaper, voters in three of the city’s five wards passed the measure last November, including the ward where the producer was mining.

Oklahoma

Atoka (AP)—Opponents of a proposed turnpike in southeastern Oklahoma are planning to circulate a petition and distribute fliers critical of the toll road plan. A group of about 100 Atoka residents have formed the Eastern Oklahoma Transportation Authority, Inc. and have raised about $2,300 to fight a plan to convert U.S. 69 into a turnpike. A state DOT study said the projected cost of the turnpike would be $450 million and that it would take several years for the turnpike to become self supporting.

Oregon

Mulino—Neighbors of a proposed 90-acre aggregate mine voiced their opposition at a county planning meeting, but county planners have recommended approval, with some conditions, according to The Oregonian. While traffic was a concern cited by members of the community, the Oregon Department of Transportation said that the local transportation system can adequately handle an increase in truck traffic due to the operation.

Pennsylvania

Lower Mt. Bethel Twp.—In July, 13 people from New Jersey were charged with swimming illegally in an Eastern Industries quarry. Criminal trespass charges were filed on all 13.

Washington (AP)—During the last 10 years, Pennsylvania officials had a two-word solution when they needed help in getting transportation money: See Bud. However, since Bud Shuster retired his Congressional seat and chairmanship of the Transportation Committee, the House has cut funding to some state projects. Some state officials say the full impact of his absence may not be known until Congress rewrites the transportation spending bill in 2003. “We were well taken care of by the funding formulas and the specific projects that were approved,” said Pennsylvania DOT spokesman Richard Kirkpatrick. “It will be a challenge to match that again.”

Rhode Island

Providence (AP)—Preparations are under way for a two-year repair project on the city’s Washington Bridge that will require the closing of an entrance ramp. The repairs will cost between $3 million and $4 million, while early estimates of the cost of building a new bridge are about $75 million. The state had hoped to use about $16 million in federal funds to repair the bridge and keep it open for another 20 years. However, tests found the concrete is crumbling, and new federal regulations requiring higher standards to withstand earthquakes would have made repairs too costly.

South Carolina

Charleston—According to The Post and Courier, Lafarge S.A.’s acquisition of Blue Circle Industries PLC sparked little fanfare at former Blue Circle operations in Charleston and Harleyville. The newspaper reported that the two companies planned a 100-day integration period and would make recommendations on how the new corporation would operate.

South Dakota

Custer (AP)—A Custer mining company is slated to get a $147,000 loan from the state to expand operations and possibly move a milling plant out of the city. But not everyone is thrilled with Pacer Corp. getting the loan. Some neighbors objected to the state lending money to a company before its permit was renewed. In fact, more than 100 residents have signed petitions opposing the renewal. A hearing on the matter is expected to take place this month.

Tennessee

Memphis—County supervisors approved Memphis Sand & Gravel Co.’s permit request to open a sand and gravel pit. The company will begin using the new pit to support its existing operation, which is about 33 miles away. It has had the county’s authority to use the new site for eight years, but didn’t pursue opening the new site until the demand for sand and gravel dictated the need for it. According to The Commercial Appeal, the supervisors did ask for the speed limit on the access road to be reduced from 20 mph to 15 mph and asked for flashing yellow lights to be installed at various intersections.

Texas

El Paso (AP)—Neighbors of Jobe Concrete Products are blaming the company’s quarry for respiratory conditions and a citizens group, Quality of Life El Paso, has gone as far as filing lawsuits. City and county leaders investigated the complaints but then dropped the issue. “My office has spent an enormous amount of time investigating two or three complaints,” said County Attorney Jose Rodriguez. “We did not have enough evidence to present a case in court.” The Texas Natural Resource Conservation Commission (TNRCC) also looked into the situation and said that, with a few exceptions, the company has complied with appropriate rules and regulations. The citizens group said it plans to proceed with a federal lawsuit that will claim Jobe Concrete did not report emissions that would require it to apply for a permit for plants that emit 100 tons or more of pollutants per year. While an earlier TNRCC report said that the plant, if fully operational, could emit more than 236 tons per year of air pollution, Jobe Concrete contracted an engineering firm that said it has the potential to emit 78 tons of emissions per year—below the 100-ton threshold.

Utah

Ogden (AP)—Some Utah motorists are prepared to pay to avoid traffic. About 500 a day are using the Adams Avenue Parkway, the state’s only toll road. For $1, they are shaving 10 to 20 minutes from their commutes, according to toll road owner and developer Bruce Stephens. The 0.8 mile road, which was privately built with state support, opened June 27. To break even, the toll road needs about 1,500 vehicles per day, a goal Stephens said he hopes to reach within a year. The Utah DOT, which gave a $2 million loan to build the $8.9 million road, sees the new road as an experiment.

Vermont

Rochester (AP)—The owners of a Rochester marble quarry have appealed an Environmental Board decision that would require the quarry to get an Act 250 land-use permit. Vermont Verde Antique International was informed last year by the District 3 Environmental Commission that it requires the permit. Businesses established before Act 250 came into effect usually don’t need the land-use permits. But Assistant District Coordinator Patrick M. Dakin issued a jurisdictional opinion that the quarry had changed substantially over the years and, therefore, an Act 250 permit was now required. Among other things, he said the quarry’s extraction rates had increased significantly. The quarry appealed Dakin’s decision to the Environmental Board, which ruled against the company in February. John Hansen, the quarry’s lawyer, argued in his 36-page brief to the court that the Environmental Board exceeded its authority when it gave district coordinators the authority to issue jurisdictional opinions on their own initiative. In other words, Hansen said, no party had requested that an opinion be issued. As of late July, the state had not filed a response with the court. The quarry has appealed the decision to the Vermont Supreme Court.

Virginia

Richmond (AP)—Democratic gubernatorial candidate Mark Warner said that the state should dedicate $40 million a year to protect its open spaces and slow suburban sprawl. A $6.2 million proposal for land conservation spending died in the legislature’s unprecedented budget impasse. Warner said that Virginia is falling behind other East Coast states such as Florida and New Jersey, which spend $300 million and $100 million, respectively, on open spaces.

Washington

Maury Island—Community activists criticized Glacier Northwest and its parent company, Taiheiyo Cement, for sand and gravel mining on Maury Island. In a letter to The Seattle Post-Intelligencer, activist Sharon Nelson claimed that the operation endangered the area’s fishing industry. She also claimed that the topsoil at the site is contaminated with lead and arsenic and that using it to build berms around the operation would lead to a costly cleanup operation. She urged local leaders to deny Glacier Cement’s request for expansion.

West Virginia

Charleston (AP)—A state appeals board upheld the Department of Environmental Protection’s decision to renew a limestone quarry permit in Pendleton County. The state Surface Mine Board heard arguments this week on two appeals filed over the DEP’s renewal of Greer Limestone’s five-year permit in Germany Valley. The board did include some reporting requirements from Greer and said that a 100-ft. buffer zone between the quarry and a scenic county road must be left undisturbed.

Wisconsin

Madison—In mid-July, a man drowned while swimming with friends in a water-filled gravel pit. The man was swimming with several friends in the Nelson gravel pit, which is on private property and was posted for no trespassing.

Wyoming

Laramie (AP)—Workers are expected to complete a highway bridge construction project on deadline, Oct. 15. Since 1999, workers have been improving the Interstate 80 bridges that carry traffic over U.S. 287. Last year, crews rebuilt the ramps at the interchange and the eastbound lane of the interstate. One bridge, the Union Pacific Railroad Bridge, is 75 percent completed. “Right now we are getting near the end of the job altogether,” said Greg Milburn, project engineer. The project includes areas east of the Laramie River Bridge to just west of the 15th Street overpass.

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