PERMITTING – JANUARY 2021

Vulcan’s Comal Quarry Gets Hearing
A lawsuit filed by local citizens’ groups opposing a proposed quarry owned by Vulcan Materials was heard by a judge Dec. 8, 2020, in the 459th District Court in Travis County, Texas, according to Community Impact.

The lawsuit, filed Feb. 14, 2020, by Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry against the Texas Commission on Environmental Quality (TCEF), aims to reverse the TCEQ’s approval of air quality permits submitted by Vulcan for their proposed rock crushing facility.

Plaintiffs have raised concerns that the new facility could increase area air pollution, pose a threat to the Edwards Aquifer or lead to decreased property values in nearby neighborhoods, according to a press release from Stop 3009 Vulcan Quarry.

The proposed 1,500-acre quarry would be located between FM 3009 and Hwy. 46 and would cover a portion of the Edwards Aquifer Recharge Zone. The quarry would create 15 to 20 full-time jobs.

The TCEQ approved the air permit for the quarry’s rock crusher despite concerns from the community about the accuracy of Vulcan’s core sampling results, a lack of nearby air-quality monitors, and a limit on which emissions were considered by the TCEQ.

Vulcan must also receive approval from the TCEQ for a water pollution abatement permit before operations can begin, according to the quarry website. The permit application includes a geological assessment and plans to manage stormwater.

The water pollution abatement permit application includes items such as a geologic assessment and plans to manage stormwater. Vulcan must also present information on how it will protect the Edwards Aquifer Recharge Zone, which it rests on.

Vulcan maintains the quarry will:

  • Support local growing infrastructure needs to improve safety and quality of life.
  • Provide low-cost construction materials for area customers, including residents, employers and local and state governments.
  • Generate new tax revenues for local government services, including road construction and maintenance, schools and public safety.

New Jersey Quarry Expansion Gets the Go-Ahead
The Hardyston, N.J., planning board approved an application by Eastern Concrete Materials to expand its quarrying operations, according to The Sparta Independent.

Eastern Concrete Materials has operated a quarry in Hardyston for more than 30 years.

Several years ago, the company acquired an additional 254-acre parcel previously owned by Crystal Springs Builders.

Eastern Concrete must get a quarry license and permit from the township council before beginning any additional quarrying. This means giving additional information to the Hardyston council for review by the township engineer.

One of the conditions of the township’s approval is that Eastern Concrete must give residents in the surrounding areas adequate notice before blasting. Eastern Concrete agreed to comply with all federal and state guidelines.


Ohio Quarry Needs Conditional Permit
A judge in Clark County, Ohio, has granted an injunction in a lawsuit filed by local residents against Enon Sand & Gravel. The judge’s decision said Enon Sand & Gravel, a subsidiary of The Jurgensen Companies, must get a conditional use permit from the county’s board of zoning appeals before it starts mining on certain parcels the company owns in Mad River Township.

Enon Sand & Gravel’s attorneys argued in court that mining on that land commenced before November 1964 when Clark County formed its zoning board. Therefore, the company said, it should be exempt from needing a permit.

The plaintiffs in the case are four Clark County residents who live next to the prospective mining site. Their lawsuit said they will be “specially” damaged if Enon Sand & Gravel started mining next to their homes.


Airport Wins Right to Lease to a Quarry
A North Carolina State Court of Appeals has unanimously sided with the Raleigh-Durham Airport Authority and Wake Stone in a case brought by opponents of a planned rock quarry next to Umstead State Park, according to the Triangle Business Journal.

The ruling – that the airport has the right to lease the land for a quarry – marks a major setback for quarry opponents – and without intervention by the North Carolina Supreme Court likely puts the lawsuit to rest.

That means regulators could now be all that stands between Wake Stone and a major expansion of its existing Triangle Quarry on a piece of airport-controlled land.

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