A publication of James Informational Media, Inc.

Breaking Industry News
Archives - 2004

Home  Archives Calendar Hot Links  Advertising

 

by , Senior Editor

Current News Page       Archived News Items


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

OSHA seeks comments on final approval of Oregon state plan 

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:

About Face Winners

Community Relations Winners

Capstone Winners

Pantheon Winner


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)