2 firms become parties in judicial review of quarry decisions

Tuesday, April 12, 2011

Heartland Materials and Strack Excavating were granted motions to intervene Monday in a Cole County Circuit Court case involving Saxony Lutheran High School's appeal of decisions made by the Missouri Land Reclamation Commission.

Both companies are now parties in the case along with the Land Reclamation Commission in the petition asking for judicial review of decisions made at the commission's Feb. 7 meeting.

Both companies have plans for limestone quarries off County Road 601, near Saxony.

A hearing date was set for April 26 by Judge Daniel Green on a motion by Saxony and Save Our Children's Health Inc. of Fruitland to prohibit Heartland Materials from making any progress on its proposed quarry. Quarry opponents want the Cole County Circuit Court to issue a stay on the mining permit granted to Heartland Materials in February by the Land Reclamation Commission.

Due to wet weather, Heartland Materials has not yet started any dirt work at the quarry site, said Danny Dumey, owner of Dumey Excavating in Benton, Mo., and a partner in Heartland Materials. The company would like to begin work as soon as things dry out and equipment can be moved in, he said.

The school and Save Our Children's Health filed a petition asking for judicial review of three decisions made by the commission Feb. 7:

* Denial of Saxony's request for a evidentiary hearing on a quarry permit application by Heartland Materials.

* Denial of Save Our Children's Health's request for an evidentiary hearing on quarry permit applications by both Heartland Materials and Strack Excavating.

* Issuance of a mining permit to Heartland Materials.

At the same meeting, the commission did grant Saxony a evidentiary hearing on a quarry permit application by Strack Excavating. A date for that hearing has not yet been set.

mmiller@semissourian.com

388-3646

Pertinent address:

County Road 601, Jackson, MO

Map of pertinent addresses

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