Quarry faces tougher road to approval
Posted on Wednesday, July 28, 2010 by By Vicki Hyatt
In striving to repair a massive rock slide at its Allens Creek rock quarry, Harrison Construction is facing regulatory challenges on two fronts — and possibly a third — in its attempt to get a state permit modification adding 13 acres to the existing 315-acre mining permit. For the first time in the quarry’s nearly 50-year history, community residents are voicing complaints about the operation to state authorities, not just the company. Their concerns have grabbed the attention of two separate agencies within the behemoth N.C. Department of Environment and Natural Resources. The company is in the process of providing more
information to address 12 issues raised by DENR’s Division of Land Resources, including requests to prove that the proposed expansion would not impact a private spring and a well near the quarry and to address concerns expressed by a state geologist that the rock slide repair plan doesn’t assess the stability of rock and soil slopes.
While Harrison has 180 days to provide the information, Don Mason, the environmental compliance officer for the company, said Monday he doesn’t anticipate the response will take anywhere near that long.
“Obviously the 12 items are addressing concerns of the neighbors,” Mason said. “What we have to do is hire consultants, have studies done and show that these concerns will be addressed. It will be extremely costly, definitely, but we are proceeding with it.”
Michael Rogers, who heads the West Waynesville Environmental Protection Group, called the state response “definitely encouraging.”
“I didn’t have too good of a feeling leaving the public hearing to see Mr, Quigg (Harrison president) and Judy Wehner (state mining specialist) on a first-name basis,” he said. “But since that hearing, it seems that DENR really did listen to us and they will make Harrison come into compliance.”
Rogers is especially heartened that Harrison has been asked to protect the water supply of nearby families since he and two other families get water from a spring that’s within 4 feet of the proposed expansion and have already been experiencing problems. He said he is uncertain how the company can fully protect residential water supplies near the quarry since the path of water through the underground aquifers is an unknown.
Rogers said he is also encouraged the state is considering monitoring the dust near the quarry given the respiratory problems of nearby residents.
Mason said the company welcomes the installation of an air quality monitor.
“It can put an end to all the accusations that have been made,” he said.
Water woes
In addition to the land quality division concerns, Harrison Construction officials must also address violations in the stormwater discharge permit found by DENR’s water quality division during a June site visit.
Community residents have photographs of the muddy water in Allens Creek below the quarry that were collected through the years, but the conditions had not been documented during visits by the state regulatory agency. Members of the West Waynesville Environmental Protection Group hatched a plan to ensure sampling would happen when it counted the most.
Suzanne Hendrix said arrangements were made for Ed Williams with the state’s Division of Water Quality to have his equipment loaded and be ready to drive to Waynesville after a heavy rainstorm. She said Williams heard a storm was coming and called, but a stream check showed it wasn’t very muddy yet. She said her husband checked later and when he saw it run brown, called Williams to come take samples.
The samples showed the turbidity of Allens Creek at the quarry’s culvert was 100 times the allowable amount and triggered a notice of violation to Harrison Construction, along with a state directive to devise an adequate stormwater pollution prevention plan. Harrison was also asked to explain why the incident wasn’t self-reported and how the company would follow permit conditions in the future.
The state’s letter to the company said its response would be considered in deciding whether to assess a fine of up to $25,000 a day for the June 16 violation.
Rogers recalled Quigg’s testimony during the public hearing on the permit modification.
“He said said they were in full compliance with all rules and regulations,” Rogers said. “They were not. If they were doing what they were supposed to, it would be different. They just did as they pleased. Now it looks like DENR will force them to comply.”
Storms a problem
Mason said the company will comply with the stormwater concerns pointed out by DENR, but also has problems with the way the sampling was conducted.
While water samples were taken both above and below the quarry, Mason said there are half a dozen other properties that impact Allens Creek between the two points, including a paving company and a state transportation department operation.
“Just because the water was clean above us and dirty below us doesn’t mean that it is all contributed by us,” Mason said, noting the quarry is the only entity required to have a stormwater discharge permit and was the only one cited. “I’m not denying we contributed, but to what degree, we don’t know.”
Mason argued some common sense is called for during torrential rains.
“There was water coming from every direction on Allens Creek and other creeks were running terribly red and muddy, too. But an hour later, everything was clear. There has to be some common sense involved with that type of microburst and that amount of water in that short period of time,” he said.
Now that other areas of concern have been identified for runoff, Mason said action is being taken to address them.
The quarry has a system of settling ponds to capture storm waters, which performed as expected, Mason said. There was water coming down the driveway, as well as two other areas that hadn’t been identified as runoff points and weren’t mentioned by state regulators during past visits.
A July 26 letter responding to the violation notice, Mason said, emphasized the company will work with regulatory agencies and do what is necessary to comply with the law.
“It’s not really a battle with them. It is just providing them with reassurances and the information they need so they can help us with any improvements we need to make. It’s just some additional checks and balances that need to be put into place to try and appease everyone,” Mason said.
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