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Dec. 30, 2004
Neighbors, quarry settle suit with Kinsella
Quarry
A group of neighbors has dropped its legal
challenge to Kinsella Quarry's right to expand, ending a decade of legal
wrangling.
The parties agreed to a settlement designed to
protect homeowners while enabling the old Manlius company to stay open
for years to come.
The settlement calls for T.H. Kinsella Inc. to
limit its expansion to 28.7 acres, enough to allow the quarry to
continue for 20 to 25 more years at its Route 5 site. In exchange, a
group of nine residents in the Changing Seasons neighborhood dropped a
lawsuit challenging the expansion.
Barry M. Schreibman, lawyer for the neighbors, and
Tom Kinsella, vice president of the quarry company, estimated settlement
provisions favoring the neighbors will cost T.H. Kinsella $500,000
throughout several years. Attorney H. Dean Heberlig Jr. represented the
quarry.
Kinsella said the settlement means his 65-year-old
company will be able to use a tract that neighbors once claimed was
off-limits because of old restrictive covenants.
"I see it as a win-win," Kinsella said. "I think it
takes a little of the animosity out of the situation and opens up
communications channels with them and their experts."
Here are some of the key provisions in the
settlement:
Starting in January, the quarry each year will pay
$7,000 to the Changing Seasons Homeowners Association to retain its own
experts to monitor and/or study noise, dust and blasting operations. The
association may use the money to make improvements to the neighborhood
or for any other purpose.
The quarry each year will pay up to $5,000 to cover
the cost of mitigation requests by the homeowners association. Disputes
over spending will be resolved through arbitration.
The quarry will maintain a 600-foot buffer along
the quar ry's boundary with the Changing Seasons neighborhood. Neighbors
will be permitted to use the first 200 feet for walking, hiking,
cross-country skiing and other passive recreation. Kinsella agrees to
reimburse Schreibman for up to $40,000 in lawyer fees.
Kinsella agrees to enclose its crusher within two
years and take steps to minimize the noise of backup alarms on quarry
equipment.
The Kinsella Quarry expansion has been a hot-button
topic in the town of Manlius for years. At an August 2002 public
hearing, 29 people spoke, 15 opposed to the expansion and 14 in favor.
Expansion opponents said they were concerned that
the quarry was creating potentially hazardous air pollution and that
blasting had damaged homes in the Changing Seasons neighborhood. They
also said the noise of stone excavation and crushing was annoying and
that they feared continued blasting could harm their wells.
Quarry proponents expressed skepticism about air
pollution causing health problems for neighbors.
They said allowing the expansion would keep the
quarry open, a move that would keep the cost of crushed stone relatively
low in the town, provide jobs and generate more property taxes.
The settlement probably means the end of further
legal challenges to the expansion.
"I consider it a long shot that anyone else will
sue" to stop the quarry expansion, said Schreibman. "The settlement
provides broad protections for the Changing Seasons neighborhood."
|
Timeline of the quarry:
1939: T.H. Kinsella Inc. opens a quarry
off Route 5 in the town of Manlius.
October 1994: Quarry seeks 86-acre
expansion.
August 1995: Manlius Town Board agrees
to expansion of 40.7 acres.
January 1996: State Supreme Court
Justice Parker Stone rules against expansion, saying it's
impermissible spot zoning and violates a 1982 covenant that
prohibited expansion.
March 1997: The state Supreme Court's
Appellate Division in Rochester unanimously upholds Stone's
ruling. Several months later, the state's
Highest court - the Court of Appeals,
in Albany - declines to hear an appeal.
December 2000: The quarry asks town
board to approve a new request to Expand by 28.7 acres.
July 2002: Changing Seasons neighbors
sue to stop the town board from continuing to consider
request to expand.
March 2003: Town board approves zone
change and mining permit for the 28.7 acres, saying the
expansion plan differs enough from the plan blocked by
Stone.
June 2003: State Supreme Court Justice
Edward Carni rejects a move by the town and Kinsella to have
neighbors' lawsuit thrown out of court. |
(Source: The Post-Standard (Syracuse, New York))
Dec. 30, 2004
Mining-pit proposal in Oregon riles neighbors
Farmers living near the site of a proposed 86-acre
gravel pit north of Independence, Oregon, aren't giving up their fight
against the mining plan, even as the issue enters its seventh year of
discussion.
Adrian VanderHave owns the property off Halls Ferry
Road and has tried since 1998 to get county approval for mining gravel
on a section of his roughly 700 acres. VanderHave's proposal calls for
an 86-acre gravel pit and a 38-acre processing facility.
Valley Concrete & Gravel would move out of
Independence to run the gravel-mining operation.
David Setniker, who farms about 5,000 acres around
VanderHave's land, has opposed the gravel pit from the beginning.
"They're just hoping we're going to burn out on
this," he said. "But they don't understand ... we're committed to live
here. There's a lot of people that live here, and when you're talking
about your livelihood and family and children, it takes on a new
perspective. It makes you want to fight a lot harder."
Setniker and other opponents say that a gravel pit
would waste quality farmland and lead to increased noise, truck traffic
and rock dust blowing across area crops.
Perhaps most troubling to some residents is the
fear that an accident During the mining operations, which would take
place on a floodplain, might somehow contaminate local drinking water.
Two wells on Setniker's property, about a half-mile
from the proposed gravel pit, are operated by the Rickreall Community
Water Association and provide water for about 1,500 customers from
Dallas to the outskirts of West Salem.
Numerous other untapped wells also are nearby,
Setniker said.
VanderHave says studies show little risk to the
water supply, but his proposal has set off a contentious verbal and
legal battle, and the Polk County planning department is taking the
brunt of it.
Three boxes – more than 800
pages – of expert testimony, public comment and legal briefs have been
filed by supporters and opponents of the proposal, county planning
director Jim Allen said.
"It certainly is the largest application we've had
in volumes of paper in at least 10 years," he said, noting that not all
of the documents are new.
VanderHave submitted his initial application for
the gravel pit in 1998.
He eventually withdrew the application, filed a new
one in 2001 and then put that one on hold until last year.
An immigrant from the Netherlands, VanderHave lives
in Independence and rents his property for farming grass seed, garlic,
and other crops. Setting aside 124 acres for the gravel-pit operation
would provide a steady retirement income, he said.
"We're only asking for 86 acres, not the whole
farm," he said. "We need gravel for the development of society. It's a
balance of things."
VanderHave said that more than 3 million cubic
yards of rock could be Mined from the pit during a 30-year span.
(Source: Statesman Journal)
Dec. 30, 2004
NSSGA to host legal symposium at
Conexpo-Con/Agg
National Stone, Sand & Gravel Association’s Council of Counsel is
hosting A Legal Symposium for the Aggregates Industry on March 14
in Las Vegas, Nevada immediately prior to the NSSGA Annual Convention
and CONEXPO-CON/AGG Show.
The one-day event, sponsored by Kirkpatrick &
Lockhart Nicholson Graham, LLP, will bring together aggregates industry
legal experts to discuss such topics as crystalline silica,
biodiversity, labor and employment law, tax issues, mineral rights,
private property rights, equipment leasing, crisis management,
Environmental Protection Agency audit policies, endangered species, and
wetlands.
A presentation by Frederick Parmenter of the U.S.
Department of Justice on antitrust considerations in mergers and
acquisitions will be a cornerstone of the program.
Continuing Legal Education credits will be offered
to qualified attendees.
Contact John Hayden via e-mail at
jhayden@nssga.org for a schedule of events and registration
information. (Source: National Stone, Sand & Gravel Association
e-Digest)
Dec. 29, 2004
Man pinned by backhoe in quarry is rescued
A man was freed after he was pinned by an
overturned backhoe in a Columbus, Ohio-area quarry the afternoon of
December 21. The rescue was plagued by temperatures in the teens and
thick mud in the quarry along Jackson Pike, NBC 4 reported.
More than a dozen rescue crews responded to try and free the driver. The
entire lower half of his body was pinned under the machine, NBC 4
reported.
The man was freed after about two hours. He suffered hypothermia, and
the extent of other injuries was unknown.
The unidentified man was transported to Grant Medical Center. (Source:
NBC 4 News)
Dec. 28, 2004
Sand, gravel pits creating controversy
Five proposed sand and gravel pits – three in
Vienna, Wisconsin, one in Oregon, Wisconsin, and another in Verona,
Wisconsin – are raising the ire of residents who don't want gravel pits
in their back yards.
"Sites are very
controversial," said Dan Everson, a Dane County zoning inspector who
specializes in mineral resources.
Increased truck
traffic is the biggest cause of concern among most residents who are
opposed to new locations near their homes, said David M. Mickelson, a
University of Wisconsin-Madison geology professor.
Most people
opposing sites left city living for the country, then they discover the
land use is something they didn't expect, he said.
"People in
favor are typically farmers who feel they should be able to do what they
want with the land."
Clement LaMere
plans to attend a public hearing at 7:30 p.m. Tuesday for operators and
landowners opposing the conditional use permit for Payne & Dolan's
proposed 24-year Verona project.
LaMere lives on
three acres about 200 feet from a proposed 113.5-acre pit on Wisconsin
69.
Mining is
planned for about 16 acres on each side of the road, said Bill Buglass,
vice president of Payne & Dolan of Milwaukee.
If trucks haul
125 loads a day, that's 250 trips in and out of the site a day, said
LaMere, 50, an electrician who grew up on a farm in the town of Verona.
"My biggest
concern is I will look out of three sides of my house and see the
operation," said LeMere, who hopes to retire in 10 years. "It will hurt
the value of my property."
Ruth Klahn,
town of Oregon clerk for 30 years, and her husband, Lloyd, farm 500
acres. The Klahns, both 65, hope to lease another 33-acre site just
north of the village of Brooklyn to Payne & Dolan if company officials
can win approval January 6 for a 10-year conditional use permit from the
County Board.
"We can make
more money than we could farming it," said Ruth Klahn, who wouldn't
disclose details of the lease.
The business
deal would boost their retirement savings, Klahn noted.
"Farm economy
isn't good," she said. "Sand and gravel are there. If you don't remove
it before you build on it, it's gone forever."
Empty pits
don't become wasteland, Mickelson said.
"The concrete
in West Towne shopping center came from that site," he pointed out.
Developers have
turned other locations into agricultural land, subdivisions, shopping
centers, parks and lakes.
The sand and
gravel in Dane County was left by glaciers 25,000 years ago, Mickelson
said. "It's not widespread. You have to go where there is a good
deposit."
Mickelson
developed a glacial geology map that points out the areas of Dane County
rich in quality sand and gravel, and a copy of that map is on file at
the county planning department.
"It bothers me
that we can't plan ahead to try to avoid some of this conflict," he
said. "We should zone those areas as potential gravel sites so everyone
knows it up front."
Thirty-two
different operators mine 98 legal, active gravel pits in Dane County.
County officials regulate and enforce all 98 sites even though it's
doubtful that all the locations are actively extracting materials, said
Pam Andros, senior planner.
"Most sites are
very small," she said.
Locations range
in size from a two-acre site in Black Earth operated by Joseph Van
Ruyven to a 250-acre pit in Vienna mined by Madison Sand & Gravel in
DeForest, county records show.
Wingra Stone of
Madison manages 20 sites. Waunakee-based Yahara Materials Inc. operates
16 pits and Milwaukee-based Payne & Dolan Inc., has six sites.
Wingra
President Robert Shea Sr. joined the company in 1950.
"We mine sand
and gravel because we are in the business of making ready-mix concrete
and selling sand, gravel and crushed stone to make roads, parking lots,
driveways and houses to improve Dane County," Shea said.
Prices are too
high to haul in materials from surrounding counties, Shea added.
"It isn't a
sound way of doing business," he said. "The county is better off because
of us.
"Where would
they be if they didn't have shopping centers and roads?"
Trucking sand
and gravel into Dane County costs about $3 a ton depending on the
distance from the source to the end user, Buglass said.
A truckload is
about 22 tons, Buglass said. Then there is the depreciation of the
environment. If trucks drive longer distances, there is wear and tear on
the highways and an increase in the amount of fuel trucks burn, Buglass
said.
Payne & Dolan
haul in about 50,000 tons of sand and gravel annually to Dane County,
Buglass estimated. "There's a very significant amount of sand and gravel
used in Dane County," he said.
Dane County
Towns Association President Gerald Derr said, "The largest single
expense in every rural community is road repair, reconstruction and
maintenance."
If aggregate
producers can mine sand and gravel closer to job sites, it could save
taxpayers money, said Derr, who also is chairman of the Bristol Town
Board.
"If we have to
pay more for the materials, then taxpayers will be the ones to foot the
bills," he argued.
In the town of
Bristol, materials for road repairs in 2001 cost $95,000. Bristol, in
northern Dane County, has a population of 3,000.
In 2005,
Bristol officials predict the cost of sand and gravel used for roads
will increase by nearly 16 percent to $110,000, said Sandy Klister, town
treasurer and clerk.
But in between,
prices spiked. In 2003, officials spent $168,000 for road repairs,
Klister pointed out.
That year the
largest single expenditure was $46,000 for a -mile concrete overlay to
the two-lane Happy Valley Road, from County Highway N to Bird Street,
she said.
"It goes to
show you what can happen to a road repair budget when there's a large
project that needs to be completed in a specific year," she said.
In southern
Dane County, in the town of Oregon, a 3,238-resident community, road
repair expenses have decreased by 38 percent to a proposed $195,000 in
2005 from $316,000 in 1999, Klahn said.
Lower oil
prices in 1999 pushed Oregon officials in borrowing money for seal
coating. "It paid for us to seal coat the roads at $5,000 a mile," she
explained. "Now it's $7,000 a mile." (Source: The Capital Times)
Dec. 28, 2004
North Shore Tech collaborates with Aggregate
Industries
Construction trade students at North Shore
Technical High School in Middleton, Massachusetts recently received
support from Aggregate Industries and the Middleton Electric Light
Department for their equipment storage building project. Carpentry and
masonry students have teamed up to build a truss-roofed storage facility
for staging, ladders, equipment, and building materials, using space
previously fenced and gated.
"The project is a win-win for the students and the school," said Mac
Seaver, North Shore Tech's vocational coordinator. "We desperately
needed a roof over the equipment and building materials to maximize use
on our projects, and the kids are learning first-hand how to work
together."
The 25-foot by 40-foot shed housed between two wings of NSTHS's facility
features a reinforced poured concrete floor, with Aggregate Industries
providing 290-cubic yards of concrete at a significant discount to the
school. Prior to pouring the concrete flooring, the site was leveled and
prepared for the installation of eight, 10-foot high telephone poles
provided by Middleton's Electric Light Department. In addition to
providing the poles, MELD donated installation equipment and the
expertise when it was time to "sink the poles." The Electric Light
Department showed the team how to drill and sink the poles.
"It's great when we have this kind of collaboration and commitment from
the community," said Masonry Instructor Tim Lavoie. "Our programs are
enriched when we get to work with experts and with suppliers from the
real world. It gives students more experience and both the students and
businesses participating often make valuable contacts for personnel or
work later on."
Also, donations like these help the school budget efficiently, which
helps taxpayers.
The North Shore construction team is now ready to begin the trussed
roof, which will afford the students the chance to "raise a roof," as
well as sheath and shingle it, hopefully before the winter weather
closes in. After that, a longer-term goal is to enclose the shed
completely.
To find out more about this project or to donate materials, please
contact Mac Seaver, at 978-762-0001, ext. 289. For additional photos,
check the North Shore Technical High School's Web site at
www.mec.edu/nsths.
(Source: Aggregate Research Industries)
Dec. 27, 2004
Lafarge joins Paris 2012 Corporate Club to host
the 2012 Olympic and Paralympic Games.
Lafarge has joined the Paris 2012 Corporate Club,
the group created to mobilize French companies behind Paris’ bid to host
the 2012 Olympic and Paralympic Games.
Lafarge joins 13 other major French companies –
including Accenture, Accor, Airbus, Bouygues, Carrefour, Crédit Agricole,
EDF, France Télécom, Lafarge, Lagardère, RATP, Renault, Suez and
VediorBis – who are committed to supporting the French bid, and between
them employ more than 2 million people.
"We are delighted to join the Paris 2012 Corporate
Club,” Bernard Kasriel, Lafarge’s general manager, says in a written
statement from the company. “As well as being the world’s premier sports
event, the Olympic Games are also a fantastic opportunity to boost more
sustainable construction methods and develop them with respect to
environmental issues and social progress.
“As the world’s leading supplier of construction
materials, who are committed to long term sustainable development, all
our expertise will now be at the Paris 2012 bid’s disposal,” he
continues.
Arnaud Lagardère, President of the Paris 2012
Corporate Club, says that in just a couple of weeks, the Corporate Club
has welcomed three new Supporters – Airbus, Accenture, and now Lafarge.
This has increased membership in the club to 14, he says.
“The organization of the Olympic Games is a great
opportunity for France and its economy,” Lagardère says in the same
written statement as Kasriel. “The arrival of these new Supporters
proves that we have created the right environment for a successful bid,
and the objective of the Club now is to use all its members’ expertise
to help the Bid Committee achieve its aim: winning the right to host the
2012 Olympic Games."
Dec. 27, 2004
Martin Marietta, Hunt Form Joint Venture
Martin Marietta Materials Inc., the nation's
second-largest aggregates producer, on December 21, said it formed a
50-50 joint venture with Hunt Midwest Enterprises to operate most of the
aggregates facilities of both companies in Kansas City, Missouri, and
surrounding areas.
Martin Marietta – which will be managing partner of
Hunt Martin Materials – expects the venture to be neutral to slightly
accretive to 2005 earnings. Analysts currently expect Martin Marietta to
earn $2.86 a share for the year.
Hunt Martin Materials will produce about 7.5
million tons per year.
Shares of Martin Marietta were up 52 cents, or 1%,
at $52.13 at the close of trading on the New York Stock Exchange.
(Source: Associated Press report in Forbes)
Dec. 27, 2004
California Quarry
may open next year
Mining operations could begin as soon as next year
at a controversial quarry near the Pala Indian Reservation in California
if state permits for required road work are approved, a project manager
said last week.
Known as the Rosemary's Mountain project, the quarry development is
planned for 96 acres off Highway 76, about 1 1/2 miles east of
Interstate 15. In October, a state appeals court overturned a ruling
that challenges the site's environmental impact report, disappointing
local environmental activists who had worked for years to block the
rock-mining operation.
"We hope to start construction on Highway 76 some
time next year," said Gary Johnson, project manager for Indio-based
Granite Construction Co., which will operate the quarry. "As part of
that construction, we will start preliminary mining of the site for
material for that roadway."
Road improvements were required as a condition of
the county's approval of the mining project, and the work includes the
widening of Highway 76 from two lanes to four between Rosemary's
Mountain and I-15.
If the California Department of Transportation approves permits for the
road work, limited mining would begin in 2005 to provide material for
the estimated $10 million in road improvements, Johnson said. But full
operation with permanent on-site structures is not expected to start
until 2007.
"The biggest single improvement that they need to do before they start
operating is to widen Highway 76 from the site down to the freeway,"
said Joe Farace, a planner with the San Diego County Department of
Planning and Land Use.
Opponents of the Rosemary's Mountain quarry include RiverWatch, an
environmental group that formed in 1996 to oppose activities perceived
as a threat to the San Luis Rey Watershed. The group of activists sees
industrialization near the San Luis Rey River as the largest hazard to
the area's sensitive environment.
"RiverWatch is still opposed to that development," the group's
president, Sheila Manning, said Thursday. "We did not agree with the
court's findings" that the quarry's environmental impact report was
satisfactory. "We still feel it's an inappropriate function of that
hillside to be mining sand and gravel."
In addition to mining an estimated 22 million tons of stone from 36
acres of the east-facing slope of Rosemary's Mountain over a period of
20 years, the operation will process asphalt and "aggregate material,"
or stone byproducts of differing sizes, from sand to gravel. Most, if
not all, of the material removed from the mountain will be sold to
contractors in North San Diego County, Johnson said.
"One of the things we're keenly aware of is that there is a shortage of
construction aggregate material in North San Diego County ---- rock,
sand, asphalt ---- to the point that material is now being shipped into
San Diego County from as far away as San Bernardino County," he said.
Citing population statistics of 1.7 million people residing in North San
Diego and western Riverside counties, Johnson predicted that the
Rosemary's Mountain quarry will not be enough to satisfy all of the
paving needs of that quickly growing area.
"The annual demand for those 1.7 million people is on the order of 12
million tons of material," he said. "This project will only produce 1
million tons a year, so there's a need for more of these projects in
North San Diego County and western Riverside County."
"It should cut down on traffic, it should cut down on air emission from
the trucks, and it will provide a more economical source" of paving
materials for North County roads, Johnson concluded.
The man who hatched the idea for the quarry in 1987, Hal Jensen, said
last week that the operation would not be as invasive as some local
environmental activists have charged.
"This was designed as probably the most environmentally safe (quarry)
project in the country," he said. "Some of the things we're doing have
never been done in this country before."
Jensen's company, Palomar Aggregates, first applied to the county for a
permit to operate a rock-mining facility in April 1987. It has since
turned over development of the site to Granite Construction Co.
Claims of potential environmental damage center around air quality, but
as of this month, no further challenges have been leveled against
Granite Construction Co. or Palomar Aggregates.
(Source: North County Times online edition – www.nctimes.com)
Dec. 27, 2004
Davenport cement plant likely to get new owner
Local residents are wondering what changes might
result if a corporate giant based in Mexico buys Britain's RMC Group,
which owns the cement plant on Highway 1.
The $5.8 billion deal, slated to close January 12, was approved on
December 16 by the European Union Commission, which saw no blocks to
competition, but the U.S. Federal Trade Commission has yet to clear the
acquisition.
"Hopefully we can get clearance in the next few days," said Eric
Woodhouse, president of RMC Pacific Materials, based in Pleasanton,
California.
Cemex, the world's third-biggest cement-maker, announced the agreement
with RMC, the world's largest supplier of ready-mixed concrete, on
September 27.
The cement plant, which dates to 1906, is the largest employer in
Davenport, with some 140 workers.
RMC has been a generous supporter of the local public school, Pacific
Elementary, donating $15,000 a year to keep music instruction alive for
90-some students.
When the school encounters a major maintenance problem, Principal Sharon
Smith calls the plant for help. In exchange, the school invites
employees to a Thanksgiving dinner.
"We've had a nice relationship," Smith said. "I hope it continues."
The company's relationship with nearby Bonny Doon, where RMC owns a
limestone quarry, has been rockier. Don Coyne, president of the Rural
Bonny Doon Association, describes it as "an uneasy truce."
RMC has made donations to Bonny Doon Elementary School, but the
company's environmental track record is mixed. The firm agreed to pay a
$100,000 fine when 360,000 gallons of dirty water was spilled into
Zayante Creek in 2001, harming fish habitat.
Cemex touts its commitment to sustainability on its Web site, but Coyne
said the company has been fined by the state of Colorado for
environmental violations at its plant near Boulder. When Cemex proposed
to burn tires as fuel at that plant, the Sierra Club sued to stall the
project.
"RMC wanted to burn tires at the plant in Davenport and that was
defeated," Coyne said.
Residents also noted Cemex is familiar with the federal Bureau of Land
Management, which is slated to take over an inland portion of the
7,0000-acre Coast Dairies property surrounding Davenport.
The BLM had awarded sand and gravel contracts to Cemex for federal land
in Los Angeles County, prompting a lawsuit by county officials. When a
settlement was reached May 20 allowing mining, the city of Santa Clarita
appealed a month later. The 9th Circuit Court of Appeals has yet to rule
in that case, according to BLM spokeswoman Jan Bedrosian.
Both RMC and Cemex are huge companies, Cemex with 26,000 employees in
more than 30 countries and RMC with 29,000 workers in 22 countries.
Cemex faces competition from a French company,
Lafarge, the world's largest cement-maker, and a Swiss firm, Holcim,
ranked second. (Source: Santa Cruz Sentinel)
Woodhouse, the RMC Pacific Materials president, said technical staff
from Cemex had visited the Davenport plant a few weeks ago but had no
substantive discussions about future plans because of U.S. anti-trust
regulations.
The plant is the biggest customer of the Union Pacific rail line in
Santa Cruz County, shipping in coal for fuel and shipping out cement.
Woodhouse has been trying to confirm coal contracts for the coming year.
Coal prices have risen "dramatically" in the United States, he said, but
there are no current plans for a change in fuel, which would require the
approval of the county supervisors.
RMC stockholders overwhelmingly approved the acquisition by Cemex in
mid-November.
"They made a very good offer, a 40 percent premium over the stock price,
so shareholders decided to sell," Woodhouse said. (Source: Santa Cruz
Sentinel)
Dec. 24, 2004
QuietPavement.com Web site debuts
The Asphalt Pavement Alliance has
launched a new web site dedicated to the education of the impact of road
noise and how to reduce its effects using Hot Mix Asphalt and treating
the noise at its source. Complete with "Sound Town USA" - a build
your own neighborhood and a learning center - this is a site to be
bookmarked and passed along to colleagues. Click
here to visit this exciting web site now!
Dec. 22, 2004
Congress keeps Southern barges afloat with $90
million in river funds
Barges will stay afloat on a handful of seldom-used
Southern waterways — including two in Louisiana — after Congress
rejected the Bush administration's cost-cutting efforts and awarded $90
million for dredging and upkeep on the region's rivers.
The allocation, part of a catchall spending bill
signed into law last week, is the latest chapter in the sometimes nasty
water fight that has pitted state against state, district against
district, and almost always, Congress against president.
"It's somewhat of a field of dreams mentality,"
said Keith Ashdown of Taxpayers for Common Sense, which has tried for
years to eliminate Army Corps of Engineers dredging projects such as
these nine in the South. "You think even though you've had decades of
low use, at some point if you continue to dredge it, the barges will
come."
For many of the nine river systems in question, the
debate is purely an economic one — a matter of whether the limited
commercial barge traffic warrants the money necessary to keep the rivers
deep enough to carry barges.
More complicated, however, is the squabbling over
the Apalachicola-Chattahoochee-Flint basin, which stretches down the
Alabama-Georgia border and into Florida. Lawmakers and environmentalists
in Florida claim dredged sand is washing up on the river banks,
polluting the Panhandle.
Despite this, Congress is spending the $5.2 million
necessary to dredge the river system next year, even though President
Bush's proposed budget had sought to virtually zero out funding for the
tri-river basin.
"There's no way that even the most enthusiastic
advocate of the barge traffic can continue to defend this project," said
Sen. Bob Graham (D-Fla.). "It is one of the most expensive, least
efficient inland waterway systems in the country."
Cross the Florida border into southwestern Georgia
and you'll get an entirely different view from Rep. Sanford Bishop, the
Democrat who represents the area.
"Keeping the channel open is extremely important
because it has an impact on commercial activities as well as
recreational activities," Bishop said. "Cargo, sand and gravel,
petroleum products and fertilizer are often moved by barge. That's
generally cheaper than other modes of transportation."
Four of the nine Southern river systems that got
money cross through Alabama, so its lawmakers — including Transportation
Appropriations sucommittee Chairman Richard Shelby — are highly
supportive of continued funding.
But Ashdown and other critics of the dredging money
argue their interest isn't really in commercial uses for the rivers,
many of which carry only a handful of barges each year. The real
objective, they say, is keeping the rivers in pristine shape for motor
boating, fishing and other recreational activities — technically not
part of the Army Corps' mandate.
Rep. Jo Bonner, a Republican whose southwestern
Alabama district relies on the Alabama-Coosa water system, which is
getting almost $3 million, says recreation should be a factor.
"You tell a rural county like Wilcox that hunting
and fishing is not important and the local officials there will think
you've landed from Mars," Bonner said.
Dan Tonsmeire, riverkeeper for Florida's
Apalachicola Bay, said in the last four years, only about a dozen barges
have traveled the Apalachicola. Aside from the environmental concerns,
Tonsmeire said dredging would merely extend the life of the river for
barges by a couple months, not produce any traffic surge.
"There's very little gain for all the money they
spend," Tonsmeire said. "It really does not make sense. It's an unsound
investment."
Besides the Alabama-Coosa and
Apalachicola-Chattahoochee-Flint systems, Congress is also paying for
dredging and upkeep on the Tennessee-Tombigbee waterway and Warrior
River in Alabama, the White River and Ouchita-Black Waterway in
Arkansas, the Red and Atchafalaya rivers in Louisiana, and the Pearl
River in Mississippi.
(Source: Associated Press)
Dec. 22, 2004
The Occupational Safety and Health
Administration is seeking public comment until January 18, 2005 on a
proposal to grant final approval to Oregon’s occupational safety and
health program. The agency also has approved changes to the Oregon state
plan, including legislation, administrative rules, compliance manual,
and policy directives.
If final approval is granted, Oregon would
become the 17th state where federal OSHA has determined that a state
plan is meeting all the requirements of an effective state OSHA program.
The OSHA Act permits states and territories to establish their own job
safety and health programs subject to federal approval and monitoring.
Twenty-six states operate OSHA-approved state plans.
The state of Oregon has had an approved
state plan since 1972, and since 1975, it has provided most worker
protection in the state without any exercise of federal enforcement.
The Oregon plan is administered by the Occupational Safety and Health
Division (OR-OSHA) of the Department of Consumer and Business Services
and covers all employers except those on Indian lands, federal agencies,
the U.S. Postal Service, contractors on military reservations, and most
maritime employers. These employers remain under federal jurisdiction.
Final approval for the
Oregon state occupational safety and health plan would result in the
relinquishment of federal standards and enforcement authority in all
areas covered by the state's program except temporary labor camps.
OSHA would continue to monitor the plan and provide funding of up to
50%.
To be eligible for
final approval, a state must operate an occupational safety and health
program that is found to be performing in a manner at least as effective
as the federal program. It also must have a sufficient number of safety
and health inspectors to run the program effectively, and provide data
to federal OSHA on its activities.
OSHA has determined
that Oregon’s plan meets or exceeds required benchmarks for compliance
staffing, and is at least as effective as the federal program in areas
such as occupational safety and health standards and variances from
standards; enforcement; inspection targeting and procedures; employee
participation in inspections; protection from discrimination; citations
and penalties; and voluntary compliance programs. In addition, OSHA has
found that trends in worker injury and illness rates under the Oregon
plan compare favorably with those under the federal program.
Information on how to
comment on the
proposal to grant final approval to
Oregon’s occupational safety and health program and the agency’s
announcement of OSHA’s approval of changes to the Oregon state plan were
scheduled to be
published in the December16 Federal
Register.
Dec. 21, 2004
NSSGA announces several award winners to be
presented at Conexpo-Con/Agg
The
National Stone, Sand
& Gravel Association has announced its About Face, Community
Relations, Capstone and Pantheon awards winners for 2004. The winners
will be honored on March 16 during the CONEXPO-CON/AGG Show in Las
Vegas, Nevada at an Awards Breakfast in conjunction with NSSGA’s Annual
Convention.
“There were outstanding entries in all our awards
categories,” said NSSGA President and CEO Joy Wilson said in a press
release announcing the award winner. “When you look at what these
winners have accomplished in the way of plant improvement, giving back
to the communities in which they operate, market innovations and
creative use of materials, you realize what a positive contribution
aggregates producers make to America’s daily life, far beyond the
economic benefits generated by the industry. These are great companies
made up of great people.”
The About Face Program is the National Stone, Sand
& Gravel Association’s oldest awards program. Created in 1975, this
nationally acclaimed program recognizes and rewards aggregate producers
who have made constructive and positive efforts to enhance the aesthetic
appearance of their operations. In 1987, About Face received a “Special
Merit Award” from the nationally respected Keep America Beautiful
organization, and in 1990, it was accorded the highest honor in the U.S.
Department of Interior’s Take Pride in America Program.
The Community Relations Program began in 1989 to
recognize aggregate producers whose community involvement and support
activities have enhanced the public’s perception of the aggregates
industry in general and the public image of the individual producer’s
aggregate operation in particular. There are several different levels
awards including the Pinnacle Award, Excellence in Community Relations
and Community Achievement, Certificates of Achievement and the “Toast of
the Town” Award.
The Capstone Awards Program, created in 1989,
recognizes outstanding marketing and market development efforts by
aggregate producing companies and state aggregate associations in
creating new, expanded or improved uses for aggregates. Capstone Awards
spotlight innovative marketing programs of NSSGA members, provide a
foundation for producers to exchange innovative promotional ideas and
ensure the continued growth and success of the aggregates industry.
Established in 1999, the Pantheon Awards recognize
exemplary use of aggregates in building design and construction to
encourage and promote further use of this natural resource and draw
attention to creative, beneficial design. The Pantheon Award is a “best
use” award dedicated to the construction and building industry.
Click on the following links to the PDFs to see the
winners for the various awards:
Dec. 21, 2004
Quarry expansion plan pits residents against company
People at a crowded public meeting in Waverley,
Nova Scotia on the evening of December 15 heard two very different takes
on the proposed expansion of a nearby quarry.
An official from Sovereign Resources said access to
more rock would be a boon to the company, the community and different
levels of government for decades to come, while vocal opponents argued
it would ruin sightlines, change watercourses and perhaps even poison
local lakes.
The company, a subsidiary of Municipal Enterprises
Ltd., operates a 19-hectare quarry on the east side of Rocky Lake Road.
It is in the early stages of an environmental assessment of a plan to
greatly expand the area it uses to quarry.
The proposed new "footprint" could reduce the
height of a hill that blocks the existing quarry from view from
Waverley.
A small army of officials from the company and
environmental consulting firm Jacques Whitford standing by glossy
diagrams outnumbered citizens at the Waverley fire hall shortly after 6
p.m., halfway through a scheduled four-hour open house.
But an influx of area residents, organized by the
group Concerned Citizens of Waverley, filled the room at about 6:30.
Spokesman Jerry Wilkins wasted no time cornering
local Tory MLA Gary Hines and a Jacques Whitford employee with his
concerns.
He argued the diagrams showing the expected impact
on viewplanes were little comfort to people who live even partway up the
incline from Portobello Road to Highway 118.
Mr. Hines told Mr. Wilkins unless the environmental
assessment turned up problems, the company had every right to enlarge
the quarry.
"Are you saying we as a community can't do anything
about this?" Mr. Wilkins asked.
"Not within the law, you can't," Mr. Hines replied.
Earlier in the day, Mr. Hines sent out a glowing
news release praising Sovereign Resources' unexpected purchase on
December 14 of 119 hectares between the quarry and Lake William as a
green buffer zone.
In an interview, Mr. Wilkins said the community's
concerns go beyond the possibility of having to look into a large
quarry.
He said the expansion would stir up dangerous
chemicals left over from years of gold mining in the area.
"There's arsenic and mercury and God knows what
other kinds of toxins in the soil," he said.
"They've finally settled into somewhere where
they're not doing any harm right now. I guarantee if they lop the top
off of that hill, we're going to see a whole lot more poisons in our
lake."
Mr. Wilkins was surrounded by a crowd of neighbours
voicing their agreement.
Taking a break from fielding questions, Sean
O'Connor, Sovereign Resources' vice-president of business development,
said if the proposal succeeds, residents won't see a hugely expanded
quarry any time soon.
"This is about looking down the road 30, 40, 50
years," he said.
The plan would reduce traffic, dust and noise by
crushing rocks and routing trucks in a nearby Municipal Enterprises
quarry on an adjacent property, he said.
While having access to resources is obviously
important to the company, Mr. O'Connor said it should be important to
governments and citizens too.
"I know people don't necessarily like quarries but
you need them to build roads and make concrete and stuff like that," he
said.
"If you have a quarry or two anywhere near metro,
you should keep it, otherwise you're going to pay a lot more for every
road you want to build."
He said he was confident the environmental
assessment would address concerns about viewplanes and the material left
over from gold mining.
(Source: Halifax Herald Limited; original link
—http://www.herald.ns.ca/stories/2004/12/16/f206.raw.html)
Dec. 21, 2004
UK Operations Boost Aggregate
Quarrying-to-concrete
group Aggregate Industries today said trading was in line with hopes
despite weaker market conditions in the UK.
Aggregate, whose
British operation is based in Coalville, Leicestershire, said the U.K.
arm performed well amid rising material costs and the impact of the wet
weather on its garden stone business.
The performance of the
concrete block division largely offset those costs, leaving the group to
forecast “solid progress” this year.
In a trading statement
ahead of results for the year to December 31, it said its U.S. business
performed well in the second half, although the continued weakness of
the dollar would hit operating profits.
Aggregate runs 142
quarries in the UK and the US, with more than 4.4 billion tonnes of
reserves, 164 ready-mixed concrete plants, 90 asphalt plants and 32
pre-cast concrete factories.
Its U.K.operation
includes Bradstone garden stone products, Charcon landscaping, and the
Masterblock concrete block division.
Aggregate said better
demand and the full-year impact of acquisitions helped sales volumes
rise at the U.K. ready-mixed concrete arm.
However, the rising
cost of cement and market competition affected profit margins. The
prolonged wet summer weather, which reduced demand for the rest of the
year, affected Bradstone. In the US, market conditions were generally
favorable, but the business was hit by significant increases in
hydrocarbon costs and cement prices.
The new South West
region performed robustly, driven by a buoyant Las Vegas, Nevada market.
Before today’s update, analysts were expecting pre-tax profits of £147.2
million for the full-year, compared with £140.1 million last year.
Results are due to be posted on March 7. Aggregate said it
continued to look forward with confidence.
Shares rose 0.25p to
98p today. (Source: PA News)
Dec. 20, 2004
Mike Welton to take over as chairman of Hanson PLC
Hanson Materials has announced that Mike Welton
will take over as chairman of Hanson PLC after current chairman
Christopher Collins, retires from the Hanson PLC board, following the
AGM on April 20, 2005.
Mike Welton, 58, has had industrial experience as
CEO of Balfour Beatty plc. He is due to step down from this post at the
end of 2004.
“I joined Hanson in 1989 and will have been
chairman for seven years by the next AGM,” Christopher Collins said in a
press release. “I feel now is the right time to depart. We are all
delighted that Mike has agreed to take over from me as chairman.
“He has experience and understanding of our
industry from his successful career at Balfour Beatty,” Collin continues
in the written statement. “I shall be sorry to leave Hanson, but I know
that I will be handing over to a first-rate person.”
Dec. 20, 2004
Metso to Supply Rotary Railcar
Unloaders to Rizhao Port in China
Metso Minerals says it will
supply two lines of twin railcar unloading stations to the Port of
Rizhao in Northeast China. Installation of the first line will be in
December 2005, and the second line in February 2006. The value of the
order is more than 12 million euro.
Metso Minerals' order is
comprised of the design, equipment supply, installation and start-up
assistance of the plant. Each station consists of train moving equipment
and a rotary railcar dumper that rotates two railcars at once to
efficiently empty the material. Each station will be capable of
unloading trains at the rate of 60 cars and over 3,600 tons of coal per
hour. The installation will support the movement of coal from the north
of China to new power stations in the south.
Dec. 20, 2004
Texas Industries To Spin-Off Steel Business
Texas Industries Inc.
announced at its board of directors meeting approval of a plan to spin
off its wholly owned steel business.
The new business will take
the form of a tax-free stock dividend to TXI shareholders.
“This action will result in
the creation of two businesses with leading positions in their
respective markets,” said TXI CEO Mel Brekhus. “TXI's cement, aggregate,
and concrete operations have strong competitive positions…The steel
business is the second largest supplier of structural steel throughout
North America.”
The separation of the two
entities is expected to permit the companies to more efficiently obtain
and allocate resources for distinct businesses, allowing, allowing
management to focus on their particular business needs.
The details of the spin-off
have not been finalized, and are subject to several conditions,
including the satisfaction of the U.S. Securities & Exchange Commission
requirements. Distribution is expected by the summer of 2005. (Source:
Aggregate Research Industries)
Dec. 20, 2004
Study: Steel Pricing Hurting Business Growth
Steel pricing remains a major concern, and
construction equipment manufacturers say this is having a negative
impact in business growth, according to a recent study by the
Association of Equipment Manufacturers.
The off-road equipment manufacturing industry is a
major steel consumer, and every manufacturer responding to the
association’s survey reported paying higher steel prices in 2004
compared to the previous year, according to AEM.
Manufacturers also continued to experience reduced
steel availability and longer delivery times, the study found. As a
result, many survey respondents have delayed hiring new workers, scaled
back business expansion plans and shifted some production to non-U.S.
sources, according to the equipment manufacturer association’s press
release on the study. Half of the AEM survey respondents said they
depend on domestic steel sources; the remainder obtain steel from a
combination of domestic and overseas sources. For more information on
the study, visit the association’s Web site at www.aem.org.
Dec. 17, 2004
'AggMan of the Year' award given at luncheon
Aggregates Manager presented Ed Elliott,
safety director of Rogers Group Inc., with the magazine's 2004 "AggMan
of the Year" award on December 14.
Mike Porcaro, president and publisher of
Aggregates Manager, and the magazine's Senior Editor, Tina Grady
Barbaccia, gave Elliott the award during an informal luncheon at the
Colorado Steakhouse in Bloomington, Indiana, with a few of his close
colleagues and his wife, Kathy, and daughter, Ashley, to celebrate his
achievement. When presenting the award, Porcaro said, "This award
signifies a job well done. It shows what a team leader who builds a team
can do. It shows pride in what you do. And most of all, it shows how
much you live Rogers' Group's '3 Cs.' Care, courage, and courtesy."
Elliott thanked his colleagues for their work and
support, and then redirected all the credit to them saying, "They are
the ones who have allowed me to receive such a high honor. This award
goes to them...it's theirs, too. After I received the safety award from
the National Stone, Sand & Gravel Association, I thought I had reached
the top. I couldn't have been happier. Now receiving this, it is the
pinnacle of my career." Click here
for more>>>>
Dec. 17, 2004
Rogers Group buys Hillsboro operation from General
Shale
General Shale Brick, Inc., headquartered in Johnson
City, Tennessee, has sold its Cumberland Mountain Sand operation in
Hillsboro for approximately $2 million.
According to county records, a portion of the
property was sold directly to Nashville-based Rogers Group for just over
$1.1 million and a portion to North American Minerals LLC, of Nashville,
Tennessee for another $850,000.
A Rogers Group spokesman said North American Minerals LLC is affiliated
with Rogers Group and that portion of the property has since been deeded
to Rogers Group.
General Shale is the country's second largest manufacturer of brick,
producing more than 250 different types. The company was founded in 1928
and joined the Wienerberger group of companies based in Austria.
"Like General Shale," Rogers Group manager David Denton said, "Rogers
Group will produce and sell sand from this operation to serve the Middle
Tennessee market. This will enable us to better serve our customers by
adding an additional product line to our construction materials
business."
Rogers Group, founded in 1908, employs 1,500 people in five states
provided the construction industry with crushed stone, sand and gravel
as well as carrying out highway construction and concrete masonry
projects. Its annual sales are in excess of $350 million.
This past spring, Rogers Group bought Abrams & Hawkins Sand and Gravel,
Graysville, Ind.; Rock Springs Quarry, Louisville, Ky., and quarries in
Nashville, Harriman and Ten Mile, Tenn., from Martin Marietta. (Source:
The Tullahoma News)
Dec. 17, 2004
Rock lead researchers to the very beginning of life on Earth
Rocks from Greenland may have led researchers to
the very beginning of life on Earth.
Analysis shows the rocks may have been host to our
earliest ancestors: single-celled organisms that lived 3.85 billion
years ago. If the dating is accurate, the rocks push back the biological
record of life on Earth by about 450 million years.
Scientists at the University of Chicago report in
yesterday's issue of the journal Science that the rocks may have once
been in a prehistoric ocean, but they were cooked at high temperature
under pressure, which drastically changed their chemistry.
But by using mass spectrometry, researchers said,
they found atomic signatures in the rocks indicating they were
sedimentary – the type of rock that would form along rivers, in lakes
and in oceans – and could host bacteria or some other microscopic form
of early life.
"These are the oldest sediments on Earth, so
anything they have to tell us is important," said Nicolas Dauphas, the
study's lead author, who is an assistant professor at the university and
a researcher at Chicago's Field Museum.
Professor Dauphas said his team was able to
identify the rocks as sedimentary by measuring subatomic variations, or
isotopes, in the composition of the iron they contained. Sedimentary
rocks leave a more complicated isotopic signature than the other type of
prehistoric rocks. (Source: TheAge.com)
Dec. 14, 2004
NSSGA Supervisory Training Program set for
Orlando
The National Stone, Sand & Gravel Association will
be holding the next session of its Basic Supervisory Training Program in
Orlando, Florida from January 31 to February 2. This program is for
plant managers, foremen, supervisors, engineers, and other managerial
personnel to learn basic management principles from a mining
perspective. To get a copy of the brochure or to register, visit NSSGA’s
Web site at
www.nssga.org.
The association is giving a $100 early registration
discount for those who sign up before the end of 2004.
Contact Steve Lenker at
slenker@nssga.org with any questions about the session or for more
information.
Dec. 14, 2004
OSHA Forms Alliance with the National Utility Contractors Association
The National Utility Contractors Association joined
with the Occupational Safety and Health Administration in a formal
alliance to reduce and prevent exposure to underground utility
construction hazards associated with trenching and excavation,
tunneling, and confined space entry.
“Reducing injuries, illnesses and fatalities
especially throughout the construction industry is a priority for this
agency, said OSHA Administrator John Henshaw, in a written statement,
before his recent resignation. “The collective expertise of the National
Utility Contractors Association and OSHA can create a significant impact
on improving the safety and health of workers in the utility
construction industry. This alliance gives us the tools to achieve
positive gains toward that end and also helps encourage employers and
workers to commit to safe work practices.”
Added NUCA President William Bowman: “NUCA is
serious about safety, so we view the creation of an Alliance with OSHA
as a positive move. The exchange of information and training that will
result from the Alliance can only serve to make underground utility
jobsites safer and healthier places to work.”
Training and education is a key component to the
alliance, which calls for the delivery of NUCA training programs (e.g.,
Excavation Safety, Competent Person. and Confined Space) to OSHA staff,
including those offered in Spanish. NUCA will also work with OSHA to
help develop training and education programs on utility construction
such as a 10-hour outreach program emphasizing trench and excavation
safety. The association will also help OSHA create fact sheets and
compliance assistance information cards (in English and Spanish) on
trenching and excavations, and confined spaces.
Dec. 13, 2004
U.S. Assistant Secretary of Labor for Occupational Safety and Health
announces resignation
Secretary of Labor Elaine L. Chao announced today
the resignation of Assistant Secretary of Labor for Occupational Safety
and Health John L. Henshaw. He is departing his post at the U.S.
Department of Labor on December 31, 2004.
“As head of the Occupational Safety and Health
Administration, John Henshaw has demonstrated outstanding leadership,
great wisdom and sincere concern for the safety and health of America’s
workers,” said Secretary of Labor Elaine L. Chao in a written statement.
“John’s efforts have been instrumental in creating safer and more
healthful workplaces. Under his leadership, workplace fatalities have
declined to record lows, and fatalities among Hispanic workers, which
had been increasing since 1995, have been reduced by nearly 12 percent
since 2001.”
Henshaw was nominated by President George W. Bush
to head OSHA on June 13, 2001 and was confirmed by the U.S. Senate on
August 3, 2001.
Before his appointment, Henshaw had more than 26 years' experience
directing environmental, safety and health programs in the chemical
industry, and served as president of the American Industrial Hygiene
Association, and as a bio-environmental engineer in the U.S. Air
National Guard.
Henshaw received his master's degree in environmental health
administration and industrial health from the University of Michigan in
1974 and his undergraduate degree from Appalachian State University.
Dec. 13, 2004
FY 2005 Transportation Appropriations
Approved
AASHTO Journal:
Special Bulletin
Congress acted this
weekend to pass the overall fiscal year 2005 appropriations bill
including Transportation appropriations (HR 4818, H Rept. 108-792). The
3,016-page bill is all but complete pending the House passing the bill
on Wednesday by unanimous consent. The hold-up in final passage resulted
from an IRS provision that was stricken by the Senate.
Since the most recent
continuing resolution expired on November 20, the Congress also passed
another short-term resolution (H.J. Res 14) extending operation of
federal agencies to December 3, to allow time for the bill to be signed
by the President.
Highlights of the bill
are as follows:
Highways
n
Federal-aid obligation limitation $34.353 billion, which
is an increase of $753 million over fiscal 2004.
n
The bill includes $734 million for emergency relief to
address the current backlog in ER funding.
n
The bill includes $79 million for the Appalachian Highway
Program.
Transit
The bill provides
$7.644 million for transit an increase of $440 million more than the
fiscal 2004 level but below the Senate high water mark of $7.75 million.
Amtrak
n
AMTRAK is funded at $1.207 billion just about the same as
the House and Senate marks and equivalent to last fiscal year’s level.
Aviation
n
AIP grants in aviation are $3.471 billion just about the
same as last year.
Safety
n
National Highway Traffic
Safety Administration safety programs are funded at $454 million, just
slightly above the fiscal year 2004 level.
Note: These
figures reflect the across-the-board reduction of .83 percent applied to
all spending in the omnibus appropriations bill.
Other
provisions.
The bill
contains a number of provisions that make changes in the programs
funding. They are as follows:
n
The bill provides for rescissions totaling $1.353 billion
from the core highway programs and an additional $79 million from the
TIFIA program to fund a series of earmarks for projects totaling $1.2
billion.
n
Additional details will be provided as they become
available.
(Source: AASHTO Journal)
Dec. 13, 2004
Volvo Construction Equipment Sells LB Smith
Dealership
Volvo Construction Equipment has announced the
sale of its LB Smith dealership operations in North Carolina, South
Carolina, Georgia, Alabama, and eastern Tennessee to ASC Construction
Equipment USA, Inc., Charlotte, North Carolina.
The appointment of ASC Construction Equipment
USA, Inc. (ASC), as an authorized Volvo CE dealer was effective as of
December 3, 2004. The new dealership will serve its market area from 12
current LB Smith branch facilities in the following states and cities:
North Carolina – Raleigh, Charlotte, Asheville; South Carolina –
Columbia; Georgia – Savannah, Atlanta, Augusta; Alabama – Mobile,
Birmingham, Montgomery; and, Tennessee – Knoxville, Chattanooga.
Volvo CE purchased the assets associated with the
Volvo construction equipment distribution business of L. B. Smith, Inc.,
its distributor for a majority of the East Coast of the United States,
in May 2003. Since that acquisition, Volvo CE has continued the
operations of the former dealer at existing locations under the name LB
Smith to ensure that Volvo customers continued to receive the highest
possible standards of product support and service. The sale of the
southeastern states territory is part of Volvo CE’s on-going divestment
of its LB Smith business.
Dec. 10, 2004
N.C. will start work on three toll roads next year
North Carolina will start work on three toll roads
as early as 2005. Possible toll roads include the Garden Parkway and
Monroe Connector in the Charlotte area. Supporters are also pushing for
a Triangle Parkway toll road near Research Triangle Park.
(Source: www.news14.com)
Dec. 10, 2004
Firms Align with Cemex
Firms representing mining, construction and
transportation industries have thrown in their lots with Cemex in the
legal battle with Santa Clarita, California concerning a proposed open
pit mine in Soledad Canyon.
The Southern California Rock Products Association
and the California Mining Association say a shortage of concrete and
aggregate looms, and the 78-million-ton mine is necessary to meet
construction needs in the future.
“This project has garnered the attention of these
national groups,” Cemex spokeswoman Sarah Simpson said. “It’s a very
important project to community, state and national organizations.”
The Rose Institute and the Rand Corp., research and
public policy organizations, have concluded there is ample aggregate and
no shortage.
Although it lost a battle in federal court, the
city has kept up pressure against the mine and has sued the county,
alleging its Board of Supervisors violated state environmental
protection laws by approving the mining operation. The suit seeks to
halt the project.
Santa Clarita will file a reply brief, said
attorney Geralyn Skapik. Skapik said the groups, which filed
“friend-of-the-court” briefs supporting the federal court settlement
agreement and consent decrees signed by Cemex, have a financial interest
in the outcome.
Besides Southern California Rock Products and
California Mining Association, filers of “friends of the court briefs”
with the 9th U.S. Circuit Court of Appeals included the American Road
and Transportation Builders Association, Portland Cement Association,
American Pavement Association, and Ready Mix Concrete Association.
Among the local, regional and statewide
organizations who have filed amicus briefs in support of the city’s
appeal are state Attorney General Bill Lockyer’s office, the California
Association of Realtors, the Newhall County Water District, the William
S. Hart Union High School District, the Sierra Club, Santa Clarita
Organization for Planning the Environment, the Santa Clarita Chamber of
Commerce and the cities of Palmdale and Lancaster.
The Department of the Interior has licensed mineral
rights to Cemex for the property, which the city of Santa Clarita
purchased earlier this year. However, owning the land cannot halt the
mine. The Bureau of Land Management has issued mining permits for the
property.
In April 2002, the Board of Supervisors voted
unanimously to deny Cemex a permit for its proposed project and issued a
35-page report enumerating the flaws in the developer’s environmental
impact report. Cemex filed a federal lawsuit before the board’s denial
was issued, but that did not alter the 5-0 vote against the project.
The city of Santa Clarita twice tried to intervene
as an interested party in the federal suit, but was not permitted to do
so by the trial judge, who determined the county would adequately
represent the city’s interests.
But the city appealed, and a three-judge panel in
San Francisco granted the city the right to intervene. By that time,
however, Cemex and the county were nearing a settlement.
The resulting consent decree issued in federal
court last March did not recognize the city as an intervener, Skapik
said.
As agreed in the consent decree, county supervisors
then approved Cemex’s environmental documents and permits on a 3-2 vote,
with Supervisors Michael D. Antonovich and Zev Yaroslavsky dissenting.
(Source: The Signal/www.signal.com)
Dec.10, 2004
Vulcan wary of city’s annexation plan
An attorney for
Vulcan Materials, which operates a stone quarry on U.S. Highway 321 west
of Maryville, Tennessee, says the City of Maryville is not treating a
good corporate citizen with the respect it deserves.
The Maryville City Council unanimously approved on
first reading the annexation of about 147 acres of Vulcan property in a
move company officials say raises questions about the city's motivation.
In a public
hearing on the issue that preceded the vote, Knoxville lawyer Robert
Crossley said Vulcan "is puzzled" about why the city wants to annex the
property.
"We have a lot
of curiosity," he said, about why and how the annexation came up.
The matter
faces a second reading January 4. Vulcan representatives plan to be in
attendance then also, according to Mike Cohen of Ackerman Public
Relations who is acting as spokesman for the company.
The Vulcan
property - it owns or leases 391 acres at the quarry site - is partly
within the city and part in the county at present, and city officials
said at Tuesday's meeting that a prime goal is to get it all in one
jurisdiction.
Crossley said
that state law has clear guidelines for municipalities to follow in
annexation proceedings and urged the council to re-examine whether their
actions "pass muster."
Cohen said a
large part of Vulcan's objection to the move has to do with the city not
communicating with Vulcan about its intentions.
"A legal notice
in the paper was all" the notice the company got, Cohen said. "We would
like for them to give a reason why they haven't communicated."
City Manager
Gary Hensley responded to Crossley's questions, asserting that the
annexation is legal as delineated by state law. And he added that zoning
of the newly annexed tract would parallel that which the county has
assigned.
Crossley made
the point that the Vulcan quarry has been in operation for more than 50
years and has been actively involved in the community and a supporter of
local charities. And he noted that the quarry provides about 450 jobs in
Blount County.
The quarry,
Cohen said, predates both county zoning laws and residential
developments nearby.
He also said about 95 percent of the material
quarried at the site is used in Blount County. (Source: Knoxville
News Sentinal/www.knoxnews.com)
Dec. 6, 2004
Degussa Construction Chemicals acquires Swedish concrete admixture
activities
The Admixture Systems Europe Business Unit of
Degussa AG, located in Dusseldorf, Germany, has acquired the admixture
operations of Modern Betongteknologi Scandinavia AB of Stockholm,
Sweden. The respective contract was signed on November 10, 2004.
As part of the acquisition, the concrete admixture activities of Modern
Betongteknologi will be integrated into Degussa Construction Chemicals
Schweden AB, a Swedish subsidiary of the Zurich, Switzerland-based
company Degussa Construction Chemicals (Europe) AG. In the past
financial year, the acquired operations generated sales in the
single-digit, million-euro range.
In future the strengths of the two companies can be used to meet
customer requirements in an even more focused manner and to make even
better use of market opportunities in the Swedish region.
Degussa's Construction Chemicals Division, into which the Modern
Betongteknologi activities will be integrated, is the global market and
technology leader in its field. The aim of its research, development and
production activities is to make construction work not only safer but
also more economic, efficient and environmentally compatible by means of
intelligent solution systems. Degussa Construction Chemicals is divided
into two major product-oriented segments -- Admixture Systems und
Construction Systems, which are divided up regionally. Some 7,200 people
worldwide work for the division, which in fiscal year 2003 generated
sales of approximately 1.7 billion and earnings before interest and
taxes (EBIT) of 184 million.
Dec. 6, 2004
Appeals court O.K.’s quarry expansion
The long-planned and controversial expansion of a
quarry in the Alameda County town of Sunol won approval Friday from a
state appeals court, which said the project wasn't affected by a
growth-control initiative.
The ruling by the Court of Appeal in San Francisco
allows Mission Valley Rock Co. to spread its gravel mining operation
onto 240 acres near Interstate 680, south of Pleasanton.
The land is part of thousands of acres of watershed
owned by San Francisco, which stands to collect $100 million from the
40-year mining lease. The 167-acre mining pit will become a reservoir
after the quarrying ends.
Opponents, from a group called Save Our Sunol, say
the expansion would damage the landscape and harm the rural character of
the town of 1,500.
Their lawsuit was based on Measure D, approved by
county voters in November 2000. It contained a provision requiring plans
for new quarries and open-pit mines to be submitted to the voters for
approval, except for those that already had obtained the required
permits. The initiative also declared that the proposed Sunol quarry
"should not be established.''
But the appeals court, upholding a Superior Court
judge's ruling, said that the disapproving language wasn't stated in
binding terms and that the county had issued the required mining permit
to the company years ago.
"A surface mining permit is the indispensable
requisite for operation of a quarry and is issued only after extensive
environmental review and policy considerations,'' said Justice Patricia
Sepulveda in the 3-0 ruling.
Stephan Volker, attorney for Save Our Sunol, said
his clients would ask for a rehearing and appeal to the state Supreme
Court if necessary. He contended the company had not obtained all the
required federal and state permits, including some that protect
endangered species, before Measure D took effect.
Stephen Blitch, an attorney for Mission Valley
Rock, said the court had recognized the protective measures taken by the
company and the county governments and rejected the complaints of "a
very small group of disgruntled area residents.'' He said quarrying
should begin within months. (Source: San Francisco Chronicle)
Dec. 6, 2004
State planners object to quarry’s westward
expansion
Palm Beach County's proposal to allow 2,000 homes
next to a rock mine west of Loxahatchee Groves would worsen westward
sprawl and might clog roads such as Southern Boulevard, state planners
are claiming.
The objections by the state Department of Community
Affairs could derail a compromise that helped the county block
Wellington from annexing the land last spring. Landowner Palm Beach
Aggregates agreed in April to stay under the county's jurisdiction,
while county commissioners granted permission to build the homes and 30
acres of commercial space.
Company President Enrique Tomeu called the state's
objections "totally unfair." It was the second time since last year that
the department had criticized a proposal to develop the 1,200-acre
tract, which now features polo fields and 15 feet of sand dredged from
the company's nearby rock pits.
"Who runs Palm Beach County?" Tomeu said. "Is it
Tallahassee? Or is it the elected officials of the county?
"I feel like I'm in Stalin's Russia," said Tomeu, a
refugee from the communist regime in Cuba. "Do we have any rights as
landowners any more?"
Now the county may have to work out a new
compromise with the state planners.
"We want to keep our word," Commission Chairman
Tony Masilotti said. "But if the Department of Community Affairs has
concerns that cannot be addressed, then we have to abide by the law."
Commissioner Karen Marcus said she told department
Secretary Thaddeus Cohen this month that the development proposal would
limit sprawl, not encourage it.
Wellington had offered to let Palm Beach Aggregates
build 2,400 homes and wanted to annex land farther west that Florida
Crystals Corp. sugar company owns. That could have led to the village's
approving development on a vast swath of farmland stretching toward Lake
Okeechobee.
"Are you going to hold them to the same standard?"
Marcus said, referring to Wellington's leaders. She said Cohen promised
to review the issue.
Department spokeswoman Erin Geraghty could not be
reached for comment.
The department's stance puzzled even some
environmentalists who have qualms about Palm Beach Aggregates' proposal.
The state planners had less strenuous objections last week to the
county's proposal to put the Scripps biotechnology village on Mecca
Farms, an orange grove surrounded by undeveloped land west of Palm Beach
Gardens.
"This is all the same thing they should have said
about Mecca," said Joanne Davis of the environmental group 1000 Friends
of Florida.
Among its six objections, the department's planners
said the proposal "constitutes urban sprawl" and would allow urban-style
development in an area normally occupied by farming.
They said the county also hadn't proved that nearby
highways, especially Southern Boulevard, could handle the additional
traffic. And they said the development would increase demands for water
and sewer service, which might have to be piped from 8-1/2 miles away.
The department urged the commissioners to postpone
development until the county finishes a master growth plan for 57,000
acres west of Royal Palm Beach. That plan is still incomplete after
eight years of work, and it isn't expected to be done until next spring
at the earliest.
The objections came in a letter dated November 15.
Last year, the department similarly objected to the
county's proposal to allow an industrial park on Palm Beach Aggregates'
1,200 acres. The proposal later fell through.
Palm Beach Aggregates later applied for annexation
into Wellington, at the village's request, Tomeu said Tuesday. That
request helped lead to a Nov. 2 referendum in which voters gave the
county the power to limit expansion attempts by Wellington and other
western cities.
Tomeu couldn't say whether his company might turn
to Wellington again if it can't win approval from the county. And
Village Manager Charlie Lynn said he doesn't know whether Wellington
would still be interested.
For now, Tomeu said, he will allow the county to
untangle the dispute with the state planners.
"You've just got to sit back and wait for things to
come your way instead of trying to push them," he said. (Source: Palm
Beach [Florida] Post)
Dec. 6, 2004
Lafarge pays six figures for family-owned,
ready-mix business
Riskend Aggregates, the family-owned ready-mix
business located in Glasgow, U.K., has been sold to construction
materials firm Lafarge for a six-figure sum.
Riskend, which has an annual turnover of £3.5 million, employs 13 staff
at four sites in Glasgow and is scheduled to open a fifth in Edinburgh.
All existing members of staff will be transferred to Lafarge.
Leicester-based Lafarge has a cement depot in Dunbar and also
distributes roofing and plasterboard in Scotland. (Source: Aggregate
Research Industries)
Dec. 6, 2004
Tennessee asphalt plant buys operation, nixes plans to build plant
Maymead Materials Inc. has abandoned plans to build
an asphalt plant in the Nebo community. Instead, the Mountain City,
Tennessee based company has bought the existing Smith and Sons plant in
Woodlawn and may build a second facility close by on the other side of
U.S. 221 North, county officials said Monday.
In addition, the County Commissioners voted unanimously to extend the
existing moratorium on new asphalt plants in McDowell for another six
months.
County officials said they don't know if Maymead will build a second
plant in Woodlawn but they know the company is seeking a permit for one
from the North Carolina Division of Air Quality.
"(Maymead representatives) said you may not see one for a very long
time," said County Manager Chuck Abernathy. "They said the existing one
will meet their immediate needs and they would be pursuing a permit but
not immediately pursuing a facility. But that puts the county in the
predicament of not knowing what the result will be. We don't know that
they will not immediately build. We have to treat it seriously."
Last spring, a small sign along U.S. 70 East informed residents in Nebo
of Maymead's plans to build an asphalt plant in their community. In May,
county officials urged the Nebo residents who were concerned about the
proposed plant to get together and create their own land-use rules that
can protect them from this and any other facilities to which they
objected. The commissioners also enacted a six-month moratorium, or
temporary delay, on any new asphalt plants in McDowell.
In the meantime, Maymead asked county officials to suggest an
alternative site.
That moratorium was scheduled to expire by the end of this month. A
group of Nebo residents and property owners are working with the
county's Planning Board to create voluntary zoning rules for their
community.
Now, the sign along U.S. 70 East is gone and attention has shifted back
to Woodlawn. On Sept. 30, Smith and Sons Paving Co. of Pineola sold the
existing plant in Woodlawn to Maymead Materials. Smith and Sons no
longer has any interest in the plant, which is located on a hill away
from U.S. 221 North near a rock quarry and surrounded mostly by trees.
Maymead leased the facility from Smith and Sons before purchasing it.
Abernathy said he and other county officials were at first relieved when
they heard the news that Maymead had bought the Smith and Sons plant.
"They bought an existing plant," he said. "Why would they need another
one?"
However, Maymead representatives and state environmental officials were
informed about the company’s efforts to get an air permit for a proposed
facility not far from the existing one. Abernathy said Maymead has a
sign along the left side of U.S. 221 North, before reaching the Woodlawn
Motel.
During Monday's meeting, the commissioners held a public hearing about
extending the moratorium for another six months. No one from the public
spoke during the hearing. All of the commissioners voted in favor of
extending the moratorium.
County officials said they would probably consider extending the
moratorium even if Maymead did not want a permit for a new plant in
Woodlawn. The county's Planning Board voted unanimously in September to
ask the commissioners for another six months. This would give the
Planning Board and the Nebo residents more time to draw up a new zoning
district for the community.
The McDowell News attempted previously to reach Wiley Roark, vice
president and one of the owners of Maymead, for an update on the status
of the Nebo site. He was not available for comment . (Source: The
McDowell News)
Dec. 3, 2004
Hanson quarry in Indiana approved for 120-acre
expansion
A Fort Wayne, Indiana area stone quarry plans to
expand by 120 acres. Allen County Commissioners have agreed to close
part of a road to clear the way for Hanson Aggregates Midwest to expand
from 300 to 420 acres.
The county's Board of Zoning Appeals last month
approved a plan to add the acreage. The quarry has been in operation
since the 1920s. Company officials say that if they didn't expand, they
would run out of high-quality blue-white limestone within four years.
Company officials say the expansion will allow them
to mine the pure grade of rock for another 50 years. Ten homes will also
be demolished to make way for the expansion. The company is negotiating
with the homeowners to buy their property.
Dec. 3, 2004
Pennsylvania offices
plan to pay for right to Vulcan’s quarry water
Hanover Borough, Pennsylvania officials plan to pay
$1 for the rights to quarry water owned by Vulcan Materials Co.
Borough manager Bruce Rebert said council hopes to
use the quarry water - located near state Route 94 -- as an emergency
water source in drought conditions.
According to an agreement between the borough and
Vulcan, the mining company will grant the borough rights "to install,
operate and maintain one (and potentially more) wells" on Vulcan
property.
The borough gets its water supply from the 1.6
billion-gallon Long Arm Reservoir, the 190 million-gallon Sheppard-Myers
Dam, water pumped from Vulcan mines that runs into Slagle's Run, a
surface water intake at the south branch of the Conewago Creek and
several groundwater wells.
Rebert said the quarry holes are only a few
thousand feet from two of the borough's existing wells - numbers 4 and
5.
When the borough pumped well 5 during the drought
in July 2001, sinkholes developed in the surrounding area. Rebert
attributed the sinkholes to drought conditions and not the usage of the
well.
Rebert said the quarry holes are located in the
same geological area as the wells, but he believes they are a separate
water source.
"The wells are in the ground. And the quarries are
on the surface," he said. "You can argue that some (of the water) came
out of the groundwater. But when groundwater is down, that hole has
reserves."
Rebert said the quarry holes currently hold 1
billion gallons of water in reserve.
The borough has an average water demand of 5
million gallons per day, he said. Wells at the quarry holes would help
the borough meet that demand during water shortages.
Residents in the Hanover area spent most of 2002
under water use restrictions because of a drought. And borough officials
discussed the possibility of rationing if the dry spell continued.
Relief came when 2003 proved one of the wettest years on record in
Hanover.
"It gives us more water resource options," he said.
"We think having surface water reservoirs and underground well options
gives us a foot in each type of method that water's available to us."
Vulcan has agreed to give the borough an easement
to install wells in the quarries for $1. Under the agreement, the
borough is allowed to build facilities necessary to operate the wells.
The borough is solely responsible for obtaining permits and building the
facilities.
The borough will apply to the state Department of
Environmental Protection and the Susquehanna River Basin Commission for
permission to test and use the quarry holes as wells.
Rebert said the borough has to prove that wells in
the quarry will not adversely affect other nearby wells before the state
will allow the borough to draw water from the quarry holes.
(Source: Evening Sun)
Dec. 3, 2004
U.S. Concrete, Inc. adds three new executives to
its management team.
Robert D. Hardy has been named senior vice
president and CFO of U.S. Concrete. Hardy has more than 19 years of
senior financial management experience. He began his career in 1985 with
Ernst and Young and moved to Valhi, Inc./NL Industries in 1988. While at
NL Industries, he held positions of increasing responsibility in the
tax, accounting and finance departments, most recently serving as Vice
President and Chief Financial Officer. Hardy has an undergraduate degree
in accounting from Angelo State University and a Masters degree in
taxation from Texas Tech University.
The appointment of Hardy as CFO will complete the
transition of responsibility for the day-to-day operations of the
Company which began in 2003 when it named Michael W. Harlan Executive
Vice President and Chief Operating Officer, while he continued to serve
as the company’s CFO, a position he held since the formation of the
company in 1998.
Wallace H. Johnson has been named vice president
of Marketing and Sales, which was effective November 29, 2004. Johnson
has more than 30 years experience in the construction supply industry.
He began his career with Wilson Concrete Company in 1971 before moving
to W.R. Grace, Inc. where he held numerous sales and operating
management positions throughout a 24-year career in their construction
products group, including North American Sales Manager. Most recently,
he served as vice president, Sales and Marketing for Systech, a software
provider to the ready-mixed concrete industry.
Johnson is involved in a leadership capacity in
numerous industry associations and has a mechanical engineering
undergraduate degree from the University of Nebraska.
Gary J. Konnie has been named vice president of
Human Resources. Konnie has more than 30 years experience in human
resources. He began his career in 1971 with General Motors and moved
into the construction material industry in 1978 with Boise Cascade.
After working for several construction material companies as Director or
Vice President of Human Resources, he joined El Paso Corporation in
1998, where he was promoted to Senior Vice President of Human Resources
in 2002. Konnie received an undergraduate degree in business from
Kettering University and an MBA from the University of Michigan.
Dec. 2, 2004
Utah Supreme Court rejects gravel quarry
expansion
A historic gravel quarry in Parley's Canyon east of
Salt Lake City, Utah can't double in size, the Utah Supreme Court has
ruled.
The court upheld the ruling of a lower court, which
reversed a county decision to let Harper Contracting Inc. expand its
limestone and gravel operation to 62.2 acres on the north side of the
canyon that holds Interstate 80.
The conservation group Save Our Canyons claimed a
victory, but the expansion was an integral part of a reclamation plan
that would have lessened the steep pitches of the gravel pit, installed
terraces, added soil supplement and vegetation and "make it look a lot
more natural," deputy county attorney Thomas Christensen said.
"We're certainly not anxious to approve gravel pits
in the canyons," he said.
Save Our Canyons said the county bent the rules of
an ordinance that allowed only mineral extraction in the canyon. Gravel
is not a mineral, and the ordinance doesn't authorize gravel extraction.
The group argued another ordinance requires the county to "preserve the
natural character of the foothills."
The Parley's Canyon quarry has operated
intermittently since 1886, providing gravel, whole limestone for
buildings and limestone dust for cement.
"We'll still be in business for 50 more years," but
remediation won't take place, said Lawnie Mayhew, Harper's director of
safety and risk management.
"We worked very diligently on a plan that included
all of the reclamation that would leave that area vegetated, benched and
a lot better looking at the end of its life. And that's what Save Our
Canyons protested. At the end of the day what did they gain? I don't
know," he said.
Christensen said the county can't appeal the
decision, and that it was unlikely to approve a larger gravel operation
by rezoning Harper's hundreds of acres of steep canyonside. (Source:
Associated Press)
Dec. 2, 2004
Lafarge Malayan Cement reports sharp fall on Q3
pre-tax profit
Lafarge Malayan Cement Bhd's group pre-tax profit
for the third quarter ended September 30, 2004 plummeted 60.4% on-year
to RM18.602 million (US$4.9 million) due to lower domestic demand,
softer selling prices and higher production costs.
Group revenue during the current quarter slipped
1.7% on-year to RM454.956 million, it said in a filing to Bursa
Malaysia.
Group pre-tax profit for the nine months to
September 30 dropped 19.7% on-year to RM73.922 million, but revenue
edged up 0.7% to RM1,326.938 million.
Lafarge said cement demand has been knocked hard by
a slowdown in construction activities due to the shortage in steel bars
and the completion of several large infrastructure projects, which in
turn caused keener competition and lower domestic selling prices.
It said construction activities and cement demand
are not expected to get better before the end of the year.
"Plant performance is expected to improve but
efficiency gains are negated by rising fuel prices and other material
costs," it said.
It said the results of the group for the current
financial year will not be better than those of last year, which was
boosted by a high level of construction activity in the second half.
(Source: Asia Pulse)
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