Friday, January 21, 2000
Mining in Boone probably inevitable
County still has no designation
BY KRISTINA GOETZ
The Cincinnati Enquirer
BURLINGTON — It may not be Martin Marietta's proposal or one from Hilltop Basic Resources that wins approval, but odds are good an underground limestone mine will eventually locate in Boone County.
It may be along the shore of the Ohio River in rural, western Boone County — the current point of controversy. It may be elsewhere.
But residents and officials who have been fighting to keep underground mining out of Boone County now recognize that with two competing companies vying to establish an underground facility, they won't be able to delay the inevitable forever.
“Mining is a nuisance use of land,” said Boone County Commissioner Robert Hay. “I think that's generally accepted. And you generally try to restrict nuisance uses.
“(But) I think you eventually have to say yes to someone. I don't think you can say no forever.”
Residents have fought hard to keep mines out of Boone County. Martin Marietta first stirred up the issue. The company's inquiries about subsurface mining began as early as 1993, when the county had no zone for it.
The company sued, and in the fall 1997 a judge ruled the county could not prohibit underground limestone mining. The rulingmandated that the county create a zone that would provide reasonable regulation for the industry. The county created a zone, but never designated one.
Boone Fiscal Court denied Martin Marietta's mining proposal in October, saying it did not fit with the county's comprehensive plan, a document that guides land use. The company had agreed to 20-some conditions.
The appeals process for that case is not complete, and the fiscal court will soon take a look at a second mining proposal from another company, Hilltop Basic Resources.
Many times, mining companies win appeals in Kentucky, said Ron Bryant, curator at the Kentucky Historical Society. “When you buy time, you begin to sway the community a little bit,” he said. “Attitudes start to cool.”
Historically, mining companies have a bad reputation because so many of them, mostly coal companies, controlled a large portion of the state in the early 1900s, he said.
The Boone County mining controversy centers around which land in the county is appropriate for such a use. There is now a provision in the zoning code that allows for subsurface mining because of the judge's order, but there is no piece of land in the county with that designation.
The county is not scheduled to update its zoning map until 2001. Until then, companies that want to establish underground mining facilities must apply for a zone change.
“You're making a zone for it, but saying, "You can't go anywhere,'” Mr. Hay said.
“You eventually have to say yes to someone, and I think it's crucial that you say yes to someone who's going to give you concessions and put it in a place in the county where it's least obtrusive.”
Representatives from both companies say they want their proposals to stand apart. Neither wants to pit itself against the other. Their proposals, they say, are different.
“I don't want to get in a contest where I'm talking about somebody else,” said John Steele Jr., president of Hilltop.
He added: “Look at their plan and then look at our plan and you be the judge. I can only tell you what we offer.”
• Hilltop plans to use barges to remove the limestone, rather than trucks, as Martin Marietta proposed. Hilltop says the 1,600-ton-capacity barges it would use would replace 119 trucks required to move the same amount of stone.
In addition, Hilltop said, all limestone crushing and screening would take place underground, which the company maintained would eliminate dust and noise.
Hilltop also plans to donate 113 acres on the site to Boone County for a riverside park, including construction of a boat ramp and restrooms.
Hilltop says only about 12 surface acres of the site would be disrupted by mining operations.
• Martin Marietta's method of mining would be similar, said Geoff Harris, regional president of the company.
“All they're saying is that they're putting 100 percent of their operation underground and we're putting 70 percent of ours underground,” he said.
Martin Marietta has submitted three proposals that would allow underground 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, allowing for subsurface mining.
The second is a request for a variance within the industrial zone that would 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; it would allow the areas not being used to be designated recreational for walking trails and possible parks. In each of the proposals the company committed to donate 400 acres to the county.
Because the company is in the appeals process, officials say they would be pleased if fiscal court decides to grant a zone change request to Hilltop, because it would give them a good platform for their appeal.
Mr. Dressman said he believes both proposals have a place in the county.
“We think they both ought to be approved,” Mr. Dressman said. “They both have a role to play, a function in this economy.”
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