Rock Products

NOV 2012

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Quarry in Missouri Loses Permit According to a report in the Southeast Missourian, after losing its permit to operate a limestone quarry near Saxony Lutheran High School, Strack Excavating LLC of Cape Gi‐ rardeau, Mo., is taking its case to the Eastern District of the Missouri Court of Appeals. The company filed an appeal with the St. Louis‐based court that seeks to overturn a deci‐ sion by Judge William Syler, who ruled that the Missouri Land Reclamation Commis‐ sion was in error when it granted Strack a permit to op‐ erate a limestone quarry north of Saxony Lutheran. Saxony Lutheran had argued in circuit court that the com‐ mission was prohibited by law from issuing a permit to a quarry that has a boundary within 1,000 ft. of an accred‐ ited school. At the time the permit was issued, Strack's mine‐plan boundary was only 55 ft. from Saxony's property. Strack claimed that vacating the permit would be an undue hardship, with the quarry effectively shut down, but Syler agreed with Saxony Lutheran, reversing the com‐ mission's decision and vacat‐ ing Strack Excavating's permit. E Shale Quarry Under Fire North Mountain Shale LLC is mired in a permit dispute in West Virginia, according to media reports. The sides in a legal dispute over a state permit for a pro‐ posed shale quarry in the Eastern Panhandle have until Dec. 1 to submit written arguments to a judge. Media outlets report that Berkeley County, W.Va., Circuit Court Judge John Yoder set the deadline during a hear‐ ing on an appeal of the permit. The appeal by Potomac Riverkeeper Inc., Gerrardstown Presbyterian Church and the Washington Heritage Trail contends that the permit is flawed. They claim it doesn't adequately control sediment runoff and doesn't account for the quarry's potential impact on historical resources. The state Department of Environmental Protection is‐ sued the permit for the 100‐acre quarry in Gerrard‐ stown to North Mountain Shale last year. In January, the Surface Mine Board upheld the permit. E Kansas Sand Quarry Allowed to Expand According to, Shawnee County, Kan., commissioners voted to allow a sand quarry to expand. Commissioners voted 2‐1 to issue a conditional use permit authorizing Kansas Sand & Concrete Inc. to carry out a 50‐ acre expansion of its 280‐acre sand extraction operation at the southwest corner of N.W. 17th and Valencia Road. Commissioners Ted Ensley and Mary Thomas voted in favor of the permit. Commissioner Shelly Buhler, who represents a commission district that includes the quarry site, voted against it. Buhler said she thought Kansas Sand already had sufficient land available for sand extraction. She added that her "no" vote was consistent with past votes she has taken re‐ garding the facility. Commissioners heard numerous objections from residents living in the area before they voted in January 2006 to issue a permit allow‐ ing Kansas Sand to operate the 280‐acre quarry. E 36 ROCKproducts • NOVEMBER 2012 California Quarry Accused of Permit Violation Napa County, Calif., has filed a complaint in Napa County Superior Court against the owners and op- erator of a quarry for al- legedly failing to clean the mine site, according to the court filing. In November 2011, county planning officials found the quarry was violating the terms of its permit in the 2700 block of Pope Canyon Road, according to county letters to the owners and operators of the Pope Creek Rock Quarry. Officials ordered the oper- ation to stop mining and importing materials, and remove a watchmen's trailer at the quarry from the site that needs to be re- planted for erosion control with ground cover and trees, according to the county's order from No- vember 2011 and planning documents. The owners of the quarry, Jerry Marino of Sonoma, Joe Nichelini of St. Helena, Calif., Chris Harney of San Francisco, and operator Don Wesner Inc. of Ruther- ford, Calif., said they were surprised to learn about the lawsuit. The owners in the partnership said the operator has been cleaning the quarry site, which has been in operation since the 1930s under different own- ers, according to the Napa Valley Register. E

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