October 2001

U.S. Bankcorp Piper Jaffray
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State by State

State by State

Compiled by Therese Dunphy

Alabama

HUNTSVILLE (AP)—Gov. Don Siegelman announced plans to create a state highway commission that would oversee a long-term, statewide roadbuilding program. Traditionally, the governor has appointed a supporter to serve as director of the state Transportation Department and set highway construction priorities. Siegelman’s legislation would create a State Transportation Commission, whose members would be picked by the governor. Members would serve staggered terms and their decisions would be subject to “strict accountability and efficiency guidelines,” the governor’s statement said.

Alaska

JUNEAU (AP)—Mayor Sally Smith has asked Gov. Tony Knowles to back completion of an environmental impact statement on a plan to build a road from Juneau to Skagway. Smith revived the plan to counter critics who want to move the state Legislature from Juneau to the Matanuska-Susitna Borough. Knowles has publicly opposed the $300 million road between Juneau and Skagway and last year vetoed $1.5 million earmarked for the study.

Arizona

Sun City (AP)—The presence of five mining operations along the Agua Fria River is a sore spot with some residents who complain about dust and noise pollution. They want the plants shut down and are aggravated that different complaints must be lodged with different agencies. Tom Lowry, manager of permitting for Vulcan Materials Co., said he understands residents complaint and encouraged them to call the operation directly.

Arkansas

LITTLE ROCK (AP)—Any changes in the way Arkansas finances its highway construction projects should begin with toll roads because they can pay for themselves and generate money for other projects, Arkansas highway commissioners said. Among six financing proposals, commissioners were most receptive to a proposal that called for building four toll roads in Arkansas. The plan would cost about $701 million over 10 years and would be completely paid for with toll proceeds. It also would provide $1.34 million a year for maintenance costs.

California

San Marcos—Hanson Aggregates will be allowed to continue operating its quarry at California State University San Marcos, despite $20,000 in damage from a blasting accident at the end of July. According to The San Diego Union-Tribune, the flyrock was attributed to human error. Officials from the university and Hanson said they plan to increase safety.
santa clarita—A supplemental assessment, conducted by the Bureau of Land Management, found pumping from wells to be used by Transit Mixed Concrete needs to be adjusted to prevent breeding pools for the southwester arroyo toad from drying up. According to The Daily News of Los Angeles, the 30-page report will be used to create a formal biological opinion on whether the mine would harm the toad. The Lost Angeles County Board of Supervisors postponed its hearing on the mine until Nov. 28 to take this opinion into consideration. A representative for TMC said the company could accept the proposed additional mitigation measures.

Colorado

Brighton—Residents in a newer housing development here are protesting the development of a 124-acre gravel mine that will operate within 200 ft. of the subdivision, according to The Denver Post. Ready Mix Concrete obtained a state permit to extract gravel from the parcel in July 1998, before the homes were built. The city planning commission has recommended approval to rezone the area for gravel mining, but has not set a date for a vote.

Connecticut

Stamford (AP)—Four out of five commuters on Connecticut’s congested roadways drive to work alone, according to Census Bureau estimates. The survey estimated that nearly 1.3 million of the state’s 1.6 million commuters drive alone; while 143,000 are in a carpool. Some 1.73 percent take the train.

Delaware

Georgetown—A DelDOT study of north-south travel in Sussex County recommends converting U.S. 113 into a limited-access highway as the best approach to accommodate increasing local, seasonal and regional traffic. During a recent Sussex County Council meeting, Transportation Secretary Nathan Hayward III said the study also recommends that DelDOT work together with Sussex County officials to better use existing ordinances to control access to U.S. 113. The study also stated that it “represents an opportunity for the Delaware Department of Transportation, the county and the county’s municipalities to work together in meeting transportation needs.

Florida

Miami (AP)—The Legislature held a special session four years ago and came up with $2.7 billion to build new schools as part of a plan to relieve overcrowding and cut the number of portable classrooms in half, but new students seem to be moving in faster than the new schools can be built. The state has $32 million to spend on new schools, but needs $132 million just to reduce the number of portable classrooms used to 800.

Georgia

Lafayette—Vulcan Materials Co. faces opposition in its effort to expand its permitting rights to property located on Pigeon Mountain, according to The Chattanooga Times. The Georgia Department of Natural Resources owns the lands and oversees most of the mineral rights on a 17,000-acre wildlife management area there. Prior to the state buying the property, various companies owned leases for quarrying a portion of the area. Vulcan purchased an existing quarry in 1999 and with it, the mineral rights. According to the newspaper, applications for expansion have been withdrawn until an environmental assessment study has been completed. John Walden, legal executive assistant with the state DNR, told the newspaper that the Wildlife Resources Division wants to protect the plants and animals in the area, but its options are limited.

Hawaii

HONOLULU (AP)—Work will begin later this year on a $200 million renovation aimed at making Honolulu International Airport more visitor-friendly. The four-year renovation will address some of the airport’s shortcomings and expand its capacity.

Idaho

LEWISTON (AP)—Alchemy, a Canadian mining company, has submitted a plan to the Idaho Department of Lands to mine some 60,000 tons of raw kaolin clay, feldspar and sand at two sites near Bovill. The permit would allow the company to mine and process samples, but not to develop a full-scale mining operation.

Illinois

South Elgin—Residents here say expansion of Fox River Stone Co.’s gravel operation is leading to an increase in dust problems, but area trustees say the company is a responsible operator and has acted appropriately. According to The Chicago Daily Herald, Trustee Gary Hyman cited the company’s purchase of a truck with a massive vacuum as one of its efforts to minimize dust. The operation also sprays various areas of the mine to reduce dust.

Indiana

Indianapolis—Indiana state highway commissioner Cristine Klika unexpectedly resigned after two years on the job. Klika said she is leaving to be a stay-at-home mom. J. Bryan Nicol, 36, was appointed by Gov. Frank O’Bannon to replace Klika. Nicol, the former deputy commissioner under Klika, returns after just recently taking over as deputy chief of staff for O’Bannon.

Iowa

Des Moines—Hallett Materials, a Des Moines sand and gravel company, faces a time crunch in getting a new permit for its operation, according to The Des Moines Register. The Dallas County Board of Supervisors voted to change a county ordinance to put it in compliance with state law after a district judge ruled that a permit obtained by the producer was invalid under an old ordinance. A final reading on the ordinance must be completed and Hallet must obtain a new permit before the state City Development Board rules on an annexation proposal involving the property where the operation is located. Officials in West Des Moines, which would gain jurisdiction over the property if the annexation proceeds, have already denied Hallett a permit. They have said, however, that they would honor a valid Dallas County permit.

Kansas

Topeka (AP)—New figures from a Census Bureau survey show that Kansans favor their own vehicles for getting to work. The survey estimated that of 1,309,728 Kansans over age 16 going to work, 91 percent used a car, truck or van. And 83 percent drove alone, while 8.4 percent carpooled. Only 0.3 percent of the total workers used some form of public transportation.

Kentucky

Bullitt County—KAT Contracting Inc. has asked the Kentucky Court of Appeals to decide whether Sheperdsville Mayor Joe Sohm had the right to cast a tie-breaking city council vote allowing the company’s quarry to expand. According to The Courier-Journal, the county joint planning commission recommended in June 2000 that the city reject a zoning change that would allow KAT’s limestone operation to expand from 55 acres to about 120 acres. A month later, the council approved the zoning change with the mayor casting the deciding vote. A circuit judge ruled that the mayor should not have been allowed to vote, but the city’s attorney said that state law authorizes the mayor to break tie votes and gives no exception to zoning decisions. He also said that the Court of Appeals and state Supreme Court have never ruled on the issue.

Louisiana

BATON ROUGE (AP)—Nearly a dozen years ago, the voters were sold on an additional 4¢ gasoline tax for a 15-year program expanding state highways into four lane thoroughfares. At this point, 12 major projects remain up in the air. They may stay there for another 20 years or more if Legislative Auditor Dan Kyle’s report is accepted by lawmakers. Kyle said the Department of Transportation and Development’s estimate of a $2.3 billion cost of completion is probably too little and the unusual method of borrowing “exposes the state to some significant risks.” Kam Movassaghi, secretary of the highway department, disagrees with Kyle’s findings, saying the $2.3 billion estimate is a solid, conservative one and that a forward swap bonding method will work.

Maine

Sidney—Sidney has three stores, no major employers and plenty of dirt roads, but this community is one of the fastest-growing small towns in central Maine, according to The Morning Sentinel. Census Bureau figures show that the small town grew by 35 percent between 1990 and 2000. Richard Sherwood, a demographer and analyst at the State Planning Office, told the newspaper that the town is a great example of the “suburbanization” that has been happening in the state over the last 20 years. “I guess another name for it is sprawl,” Sherwood said.

Maryland

St. Mary’s County—In a setback to St. Mary’s County planners and slow-growth advocates, a series of public hearings on its proposed Unified Land Development Code, which would consolidate zoning regulations and establish rural preservation districts, left commissioners convinced that residents worry less about sprawl than about property rights. According to an article in The Washington Post, the county’s Chamber of Commerce issued a harsh 10-point critique of the 500-page draft code. During the hearings, many of the 400 participants complained that the draft’s language, though simplified, is too complex and often conflicts with other regulations, while giving too much power to county planning and zoning officials. According to the news article, officials and activists realize that the community doesn’t like the plan, but they worry that without curbing sprawl, the county may risk a sharp drop in state school and transportation aid, which depends largely on compliance with Governor Parris N.Glendening’s smart growth policies.

Massachusetts

BOSTON (AP)—Turnpike board members, angered at the Big Dig’s ongoing cost hikes, are actively exploring the possibility of replacing the firm managing the massive highway project. Bechtel/Parsons Brinckerhoff has overseen construction of the Central Artery project since the project broke ground in 1991. While finding a replacement for Bechtel would be difficult, it’s not impossible. The $14.4 billion Big Dig has been plagued with cost increases throughout its history. In recent months, officials announced two more hikes totaling $300 million.

Michigan

Lansing (AP)—Local governments, who were counting on $24 million in funding for bridge repairs, are scrambling after Gov. John Engle vetoed that spending measure. Counties and cities oversee 6,256 of Michigan’s 10,581 bridges. The state DOT oversees the rest. It also keeps the vast majority of federal bridge funds—up to 85 percent—because its bridges are on state roadways and see much more traffic than local bridges. In the budget they approved for the DOT, lawmakers set aside the money for local bridge repair, but Engler vetoed the $24 million, saying it must spend its funds where it will impact the most motorists: on the high-level trunkline system.

Minnesota

St. Paul—The Federal Highway Administration has barred the Minnesota DOT from opening the high occupancy vehicle lanes on I-35W and I-394 to general traffic. At issue is a $100,000 study ordered by the Minnesota Legislature to see how opening the bus and car pool lanes would affect traffic flow and safety on the interstates. The legislation includes language that prohibits Mn/DOT from conducting such a study if it affects federal funding. According to the FHWA, special funding was used to build the HOV lane on I-35W with federal law prohibiting Mn/DOT from opening it. If Mn/DOT does not comply with FHWA guidance on the I-35 and I-394 HOV lanes, officials say all new federal funding for projects in the Twin Cities metro area will be withheld for as long as occupancy requirements are suspended.

Mississippi

Columbus (AP)—A gravel mining permit for near the Buttahatchie River in Lowndes County requires Ellis Construction Co. to prevent sediment from getting into the waterway. The state Commission on Environmental Quality gave the mining permit to the company with the requirement that it implement erosion-control measures to protect the stream. Under the permit, the 36-acre site is to be reclaimed in 2007.

Missouri

St. Clair—Capital Quarries Inc. has filed an application for a new permit for its quarry near St. Clair rather than reactivating an old one. According to the St. Louis Post-Dispatch, the company sought a permit a year and a half ago, but faced community opposition. The state Supreme Court resolved a legal issue raised during that round of permitting and said that county planning bodies could regulate mining operations county-wide. According to an attorney for Capital Quarries, the protracted delay imposed by the legal challenge made holding a new public hearing a good idea.

Montana

Havre (AP)—Sam Kitzenberg (R-Glasgow) says he’s less worried about the state DOT’s commitment to the U.S. 2 project now that he’s been able to discuss the situation with Director David Galt. Kitzenberg previously accused the highway agency of trying to circumvent Senate Bill 3, which directs the state to widen the highway unless doing so would jeopardize other state highway projects. The two reviewed the department’s draft interpretation of the bill, and Galt said that the portion Kitzenberg objects to most will be extensively revised. Kitzenberg said that if the state agency demonstrates good faith on the project, he will be more comfortable with the department’s position on the bill.

Nebraska

Lincoln—With Lincoln’s population of 225,000 expected to double by 2025, planners and engineers want to ease future traffic congestion by surrounding the city with a beltway. According to The Smart Growth Network, at a planning commission hearing on the best of three possible eastern routes, resident Lynn Darling warned that “sprawl will follow” the road and stressed the need for buffer zones to save farmland from development. On the other hand, the strongest supporter of the beltway, developer Joe Hampton, said that after seven years of studies, the commission should act on the project, calling it a unique opportunity for the city and county to do a “first class” comprehensive planning job.

Nevada

LAS VEGAS (AP)—Transportation Secretary Norman Mineta doesn’t think the burgeoning West is getting shortchanged in federal funding for new roads, airports and other projects. The challenge the Transportation Department faces is balancing the needs created by growth with the needs of old infrastructure, Mineta said. Among funding requests from Clark County leaders were the construction of the Las Vegas Beltway and a high speed train to California. Without making funding promises, Mineta said the Transportation Department is ready to help ease local transportation needs in other ways, including easing environmental impact reporting requirements. “Transportation is our most compelling issue in the Las Vegas Valley,” said Las Vegas Mayor Oscar Goodman. “It affects every area of our lives.”

New Hampshire

Concord—Rock of Ages announced net that income for the second quarter ended June 30, 2001, increased 30 percent to a record $4,161,000 or 54¢ per diluted share. “Rock of Ages’ record second quarter performance reflects higher revenue and operating income in each of our divisions,” said Chairman and Chief Executive Officer Kurt Swenson.

New Jersey

Ringwood—Until a court appeal is decided, Van Orden Sand and Gravel is being forced to reduce its production levels to those set in a 1996 agreement with the community. An appellate court is reviewing a Superior Court judge’s ruling on operations at the quarry. According to The Record, the company, under the name Saddle Mountain LP, is appealing the Superior Court’s ruling that it violated zoning by increasing production beyond levels spelled out in the 1996 agreement. The Superior Court judge cited the quarry’s status as a non-conforming use in a residential zone and ordered reduced production levels. A panel of appeals judges denied the quarry’s motion to set aside the production limit during the appeals process and denied motions by the New Jersey Concrete and Aggregate Association and the New Jersey Pavement Association to join the appeal as third-party friends of the court. The panel did grant a separate motion to seal the case record, including financial and production figures. An attorney for the quarry’s neighbors told the newspaper that if the quarry has exceeded the annual production levels detailed in the 1996 agreement it should be shut down.

New Mexico

Albuquerque (AP)—A judge’s decision to uphold a campaign spending limit in Albuquerque could affect elections across the country, according to the National Voting Rights Institute. Executive Director John Bonifaz said the decision filed by U.S. District Judge Martha Vazquez could improve the chance for other campaign spending limits. The U.S. Supreme Court considered spending caps in the 1970s and ruled them unconstitutional, but Albuquerque kept its limits. In her order, which rejected mayoral candidate Rick Homans’ request for an injunction, Vazquez said the city of Albuquerque had convinced her that the campaign spending limit law is beneficial and should stand. Homans, who has already exceeded the spending cap, said he would appeal the decision to the 10th U.S. Circuit Court of Appeals in Denver.

New York

Albany—Coeymans Blue Circle Cement agreed to pay a $276,000 fine to settle a case alleging violations of several state environmental laws, according to the state Department of Environmental Conservation. The Times Union reported that the civil penalty is part of a larger consent order and involves violations of the company’s air and water permits and violations. Under the consent order, the producer will hire a professional engineer to evaluate its air emissions controls and modify its pollution control systems.

North Carolina

Pender county—A permit hearing has been sent to the N.C. Court of Appeals for a decision. According to the Wilmington Star-News, a local family’s request for a special use permit to open an aggregate facility was denied. Residents felt that the site, which sits two miles from a Martin Marietta limestone quarry, would further add to noise and truck traffic. Commissioners agreed and unanimously denied the permit. The owners appealed the decision, and the judge ruled that residents’ claims that the operation could damage their wells and homes was insufficient evidence to deny the permit and remanded it to the commissioners for a second hearing. The case now heads to appeals court.

North Dakota

Bismarck—The North Dakota Department of Transportation invested in safety for its construction workers this past summer by teaming up with the state Highway Patrol. The cost of the $42,522 program is paid through federal highway funds. The federal government is paying 80 percent of the cost, with the state paying 20 percent of the total cost.

Ohio

COLUMBUS—Pat Jacomet, former director of technical services for the Ohio Aggregates & Industrial Minerals Association, was promoted to executive director of the association. Following the departure of former executive Sherry Weisgarber in late July, Jacomet was first named acting director and then given the nod to fill the role permanently.
COLUMBUS (AP)—The state uses fewer minority- and female-owned businesses in construction contracts than other public entities in Ohio, according to a recently released study. The state also applies its program for awarding all types of contracts to minorities and women unevenly, with not all agencies complying with the program, according to sources familiar with the Ohio Predicate Study. Comparisons of state, county, city, federal and private sector construction contracts indicate the state used such businesses the least, the report said. The study examined records of contracts at 11 state agencies from 1996 to 2000. It compared the state’s contracting record to those of cities, counties, the federal government and the private sector. Among the agencies, the Ohio DOT had the best record of using minority and women contractors, the source said.

Oklahoma

McKinney—A miner was killed in an accident at Springtown Materials LP’s limestone mine, according to a preliminary accident report from MSHA. David Brown, 63, was helping move five loaded rail cars to a spur when he was crushed between the couplings of a loaded car and a tractor used to move the cars. He had 17 years of mining experience.

Oregon

MAPLETON (AP)—Concerns about health and potentially cancer-causing hydrocarbons are stirring up residents near a proposed asphalt plant site at a Mapleton quarry. Sam McAllister, Mapleton Rock Products manager, said he guarantees the plant wouldn’t be harmful to human health. He also predicted the project will meet county site review standards as well as emission control standards set by the state Department of Environmental Quality and the Lane Regional Air Pollution Authority. The quarry zoning permits an asphalt plant, although Lane County planning officials say the level of community concern merits an evidentiary hearing to determine if the project meets general site review criteria.

Eugene—Eugene Sand & Gravel’s permit process may lead all the way to the state Supreme Court, regardless of the outcome of local permitting decisions, according to The Register Guard. The newspaper reported that the producer has participated in a series of community meetings in hopes of obtaining a permit for a new 240-acre facility along River Road near Santa Clara. The company faces opposition, however, from local farmers who say the operation could stunt the growth of their produce. While a local ruling had not been issued at presstime, the case is expected to be appealed to the state Land Use Board of Appeals and then to the Oregon Court of Appeals and state Supreme Court.

Pennsylvania

East Penn—A decision is expected shortly on Lehigh Asphalt Paving and Construction Co.’s plans to expand its quarry from 11 to 114 acres. According to The Morning Call, the issue at hand is whether or not the mine is active. Although Lehigh has taken 500 tons of rock from the site every year since 1997, township officials question the validity of the company’s permits.

Rhode Island

Providence—Michigan Republican Governor John Engler replaced Maryland Democratic Governor Parris N. Glendening as the chairman of the National Governors Association at the 93rd annual meeting in Providence, according to The Smart Growth Network. Governor Engler’s spokesman Matt Rausch was quoted as predicting that the sprawl issue, central under Governor Glendening’s year-long chairmanship, will be “downgraded” on its list of priorities. But Governor Glendening now assumes the top post on the Council of State Governments where he is expected to continue efforts to promote smart growth to other states.

South Carolina

Cross—Citizens in a lawsuit against Martin Marietta Materials held a solidarity rally in this community, according to The Post and Courier. More than 600 residents are represented in the suit, which alleges that the company’s limestone quarries in western Berkeley County cause sinkholes and damage property. The suit seeks monetary compensation—ranging from several thousand to several hundred thousand dollars—for each person living within a five-mile radius of the mining operations.

South Dakota

Yankton—The state DOT presented proposed rules regulating access to highways at a public meeting here, according to The Press & Dakotan. The rules are designed to manage access to the state’s highways by controlling the number of access points along the highway. Rick Laughlin, access management specialist for the state DOT, told the newspaper that access management can reduce the number of accidents by 50 percent and save the state $36 million in accident costs. The state Legislature authorized formulation of new rules in 1999. The proposed rules were developed by a DOT committee involving representatives from cities and counties.

Tennessee

NASHVILLE (AP)—The Tennessee DOT said that miles driven on the state’s interstate highways increased at triple the rate of population growth during the 1990s. TDOT releases annual figures on usage of the interstate highway system, which say the state’s population grew by 16.7 percent from the 1990 census to the 2000 census, while miles traveled on the interstates increased by 48 percent. Transportation Commissioner Bruce Saltsman said TDOT uses the survey to know where efficiencies need to be made.

Texas

CORPUS CHRISTI (AP)—State agencies making late payments to contractors have cost taxpayers more than $2.1 million in interest since 1999, the Corpus Christi Caller-Times reported. The problem persists despite employee training on payment procedures and numerous notices by the State Comptroller’s Office, the newspaper said. Leading the way was the Texas DOT, which paid $553,744 in interest on about $7 billion in payments from September 1999 through May 2001.

Utah

SALT LAKE CITY (AP)—A Wasatch Front environmental group has filed a lawsuit aimed at stopping the expansion of a rock quarry in Parleys Canyon. Save Our Canyons filed its complaint in 3rd District Court. The lawsuit claims that Salt Lake County’s Planning Commission and Board of Adjustment violated county zoning ordinances when it approved a proposal by Kearns-based Harper Contracting to enlarge its quarry operations from 12 to 62 acres. The lawsuit argues the county ignored forest-recreation zoning ordinances and guidelines in granting the expansion.

Vermont

MONTPELIER (AP)—The first section of the most costly paving project in the state’s history is due to wrap up soon on a stretch of Interstate 89. The state Agency of Transportation hired Pike Industries to pave a 15.4-mile section of the highway northbound from Brookfield to Montpelier. Its cost was an estimated $8.2 million, said Mike Hedges, AOT paving program manager.

Virginia

Botetourt County—Despite the recent economic slowdown, Roanoke Cement continues to invest in its plant here, spending $4 million to construct a new packaging facility. The new packhouse, which is scheduled for completion this fall, will be totally automated and operate virtually dust-free.

Washington

Seattle (AP)—Commutes in Washington are long and getting longer. According to a Census Bureau supplemental survey, 74 percent of adult workers commute to work alone; 12 percent carpool; 2 percent walk to work; 1 percent ride to work by bicycle; and 7 percent either work at home or take public transportation. The news on Washington’s commute arrives amid political inaction in Olympia where the state Legislature admitted defeat and adjourned for its summer hiatus without voting on a long-term plan for transportation funding.

West Virginia

HUNTINGTON (AP)—West Virginians would have greater say in how state-owned minerals and land are leased if the Legislature adopts changes proposed by the Public Land Corp (PLC). The policies stem from complaints about past leasing practices, which didn’t include the practice of holding a public meeting. Changes in how the PLC conducts its business were ordered by Gov. Bob Wise. When lawmakers meet next year, the PLC will ask them to adopt legislation to require public input on possible leases and how the money should be spent.

Wisconsin

VIROQUA (AP)—A citizen group has filed a lawsuit to delay a highway construction project near the Kickapoo Valley Reserve because it says the road would damage the reserve’s environment. Members of the Kickapoo Valley Stewardship Alliance believe the Highway 131 project in Vernon County is “environmentally disastrous” to the 9,000-acre reserve. The group wants environmental studies done to assess the project’s effects. The state DOT plans to widen a six-mile stretch of the highway through the Kickapoo Valley.

Wyoming

CHEYENNE (AP)—A state proposal to widen certain stretches of highway would boost the economy and motorist safety while reducing traffic congestion, supporters said. The Wyoming DOT is seeking $200 million in state and federal funding to increase the number of lanes from two to four on some highways. The department’s director plans to ask the Legislature for $25 million to plan and design the project, as well as revenue from the 2-percent fuel tax, which now funds schools.