Commission approves Strack quarry near Saxony Lutheran, expansion near Dalhousie

JEFFERSON CITY, Mo. -- Strack Excavating received state approval Thursday to expand its limestone quarry near the Dalhousie subdivision and construct a new 76-acre mine near Saxony Lutheran High School.

The Missouri Department of Natural Resources Land Reclamation Commission approved two orders at its meeting Thursday in Jefferson City, but both place restrictions on Strack.

"We look forward to working closely with Dalhousie, Saxony Lutheran and the Fruitland community with these quarries," said J.W. Strack, owner of Strack Stone and Strack Excavating.

The timeline for work on both projects depends on the weather, he said.

Following an administrative hearing in July where Saxony Lutheran High School presented witnesses to support its claims the mine would be detrimental to the health of its students and staff as well as the livelihood of the school, hearing officer W.B. Tichenor recommended to the commission Thursday that it approve the permit application with the restriction that the mining plan boundary be 1,000 feet from Saxony's property line.

The commission unanimously approved Tichenor's recommendation, although Saxony's attorney Stephen Jeffery argued Strack should have to resubmit his permit application with a mining plan that indicates the new boundaries. The plan submitted with the application last year showed 55 feet between the mine and the school's property line.

Strack's attorney said the company was willing to comply with the 1,000-foot setback recommended by Tichenor, which follows guidelines in House Bill 89 signed by Gov. Jay Nixon this summer.

However, he questioned whether the new statute could even be applied to Strack because the company submitted its application last year, before the bill was approved. Commission member Gregory Haddock suggested approving the permit with the 1,000-foot setback restriction and said it was not necessary to ask Strack to resubmit his application.

During its permit review process, more than 2,600 public comments were received by the land reclamation program, the greatest amount of public input it ever received, according to DNR officials. More than 130 Fruitland residents and Saxony students attended a commission meeting in January, with about 20 testifying against the development during that meeting.

Following that meeting, the commission granted a second mining company, Heartland Materials, a permit for a 17-acre mine, also near Saxony. It included a self-imposed buffer zone of 1,100 feet between mining activity and the school property line.

Saxony has a lawsuit pending in civil court asking the commission to rescind its permit granted to Heartland Materials.

Appeal possible

More legal action could be brought by Saxony following Thursday's decision to grant Strack's permit.

"As a result of the decision today, there is a legal question whether the LRC can approve a permit application when the application, on its face, does not comply with the law," Jeffery said.

According to state statute, Saxony has 30 days in which to file an appeal with the Cole County Circuit Court.

During Thursday's meeting, commissioners also approved a settlement agreement between Strack Excavating and Diddimo Construction, Dalhousie, EED Development and Dalhousie residents Aaron and Angela Dombrowski, who had objected to the expansion of Strack's existing Cape Girardeau quarry.

Strack Excavating was seeking a permit to expand its existing 10-acre quarry off Highway 74 by four acres.

The permit was granted. However, under the settlement agreement the company is required to use a water cannon to curtail dust during blasting and at other times when conditions warrant. It also is required to provide seismograph readings to the parties in the settlement through their attorney.

mmiller@semissourian.com

388-3646

Pertinent address:

County Road 601, Jackson, MO

5120 State Highway 74, Cape Girardeau, MO