DNR says quarry approval could take years; opponents set another meeting

The process for obtaining a state permit for a new rock quarry can take several years if the project generates substantial opposition, a Missouri Department of Natural Resources official said Tuesday.

So far, no permit application or inquiries about a 106-acre tract along County Road 319 have been received, said Larry Coen, staff director for the Missouri Land Reclamation Commission. The tract is being tested by J.W. Strack, owner of Strack Stone on Highway 74, to determine its suitability as a quarry.

Strack has said he has not completed a deal to buy the track nor has he made a decision about its use. A quarry is one possibility, he said. Strack is also considering subdividing the property and building residences.

The potential for a quarry is generating intense opposition from neighbors, who have held two meetings in the parking lot of DI Supply Co. at the intersection of Route K and County Road 319. Opponents have scheduled their next meeting for 7 p.m. Monday at Notre Dame Regional High School, where principal Brother David Migliorino has joined the opposition.

"My concern is the additional traffic on Route K," Migliorino said Tuesday. "I am also thinking it is the air quality and the beauty of the area."

Any quarry needs three state permits to operate, Coen said. His branch of the department controls the disturbance of land for mining and provisions for restoring it to productive use after the mining operation ceases.

The other two permits cover air pollution and clean water.

Once an application for the quarry is received, it is reviewed and any missing items or problems must be resolved, Coen said. Afterward, a period of public comment begins with the publication of a newspaper notice. The notice must run for four consecutive weeks and public comment is open for an additional two weeks.

Notices are also sent to local governments and adjacent landowners. The notice to neighbors can be avoided if, for example, only the middle 50 acres of a 100-acre tract are designated as the quarry area.

If no substantial opposition is found, a permit is issued. Opponents may seek an informal meeting with the operator, who can refuse to attend, or request a formal hearing of the reclamation commission.

"The public has to convince the commission that their health, safety or livelihood will be impaired by the issuance of a permit," Coen said. "The commission can't deny a permit just because people don't like it or want it."

If the commission orders hearings, there are formal proceedings before a hearing officer, who then makes a recommendation to the commission for a decision. That final decision is subject to court review.

For example, he said, Holcim in Ste. Genevieve County applied for a permit in 2001 and finally won all the legal battles in 2004. The company's quarry and associated cement operation are still under construction.

"If we get an application and there is no objection, it takes about 10 weeks from application to permit issuing," Coen said. "If there is a lot of opposition and people request a hearing, the clock stops and it can be a rather lengthy process."

Notre Dame will open its doors to opponents both because it is a good neighbor and because Migliorino sees danger for his students. Notre Dame students run along Route K for track team practice, a team from the school picks up trash along the road and additional dust in the air could adversely affect student health, he said.

"We would be opposed to this in the neighborhood," Migliorino said. "I have serious concerns. We need to know more information."

rkeller@semissourian.com

335-6611, extension 126

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