Wednesday, October 20, 1999
Mining bid wins 1 vote in Boone Co.
Martin Marietta to appeal
BY KRISTINA GOETZ
The Cincinnati Enquirer
BURLINGTON — Despite the fiscal court's denial of three zone change requests for an underground limestone mine in Boone County, one commissioner voted for one of the proposals.
Commissioner Robert Hay's vote marks the first time anyone has voted affirmatively for a proposal submitted by Martin Marietta Materials Inc., based in Raleigh, N.C.
In August, planning commission members voted unanimously to recommend denial of the requests.
“I have to commend Mr. Hay for his courage in the face of considerable political pressure,” said James Dressman, an attorney representing the mining company. “It's the first vote we've gotten in the entire process.”
Mr. Dressman said he will appeal the fiscal court's decision.
Mr. Hay said his decision was based on a constitutional issue. The county's requirements are too strict and in effect limit the mining company to one site, he said.
“Where else can this go in the county?” he said. “We were forced by a judge to say that a deep mine can go somewhere in Boone County. It is unconstitutional to prohibit a legitimate business.
“If our text restricts a legitimate business out of the county, even though we have the text, we haven't acted in good faith with the judge's requirement.”
Of the three proposals, the request for an industrial zone with no variance would have been the least obtrusive for residents, he said.
No other members of the fiscal court spoke about the proposals.
Martin Marietta has submitted three applications that would allow underground lime stone mining on 575 acres on the north side of Interstate 275 at the Petersburg Road interchange.
The first application is to rezone the land from agricultural to industrial. That would allow subsurface mining.
The second is a request for a variance within the industrial zone to allow a 1,500-foot setback from residential areas instead of 3,000 feet.
The third proposal is a mixture of industrial and planned development.
Martin Marietta's inquiries about subsurface mining in Boone County began in 1993. There were no zoning regula tions at that time that would have allowed such a use.
In 1994, the fiscal court asked the Boone County Planning Commission to study the issue, and a report was released in 1995.
Although the report recommended the fiscal court create such a zone, it took no further action.
That's when Martin Marietta filed suit. In fall 1997, Visiting Judge Greg Bartlett ordered the fiscal court to consider a zoning regulation for subsurface mining.
As fiscal court members cast their votes on the last request, cheers and whistles rose from the audience.
“I'm very happy, but I know they'll be back,” said Pat Ligon of Petersburg.
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