It appears that the owner of a bluestone quarry will have some of the same protesters as in the past when he began operating his business in 2006.

Wayne Holbert, Holbert Brothers Co. Inc., who was granted a Conditional Use for a Minor Non-Coal Mining Operation in 2006 on SR 1014, was once again before the Lackawaxen Board of Supervisors — this time requesting a Major Expansion to his operations.

The quarry has two existing five-acre mining permits from both the Township and the Dept. of Environmental Protection to mine bluestone on a 268.77 acres. The new request is to expand those two mining permits into a one 40-acre major mining permit. The applicant is being represented by Attorney Anthony Magnotta.

Information provided by the applicant states “this will be a major crushing operation, blasted rock will be crushed and screened and stock piled for shipment by trucks for use in the construction industry.”

The Conditional Use Public Hearing held on March 11 started late and ran late, with the Supervisors and Applicant setting another date to continue the hearing.

To a packed room, Attorney John H. Klemeyer began by introducing himself and the residents he was representing who are against any expansion of the operation. Numerous letters were also entered into the record against granting the Conditional Use by others who could not attend the hearing.

Attorney Klemeyer, whose clients include residents: Joan McKay, Joseph Payette, Susan and Sverre Aasgarden, Mr. and Mrs. William McLaughlin and several others, said, as in the past, traffic, noise and loss of property values were his clients’ concerns.

The residents live mostly along Plank Road, more than four miles from the operation, excluding them from speaking as a concerned party during the hearing, according to the Board after an executive session. Those recognized during the last hearing in 2006 will be included in the process.

The Upper Delaware Council (UDC) was excluded as well.

UDC Executive Director William Douglass presented a letter to the Board of Supervisors asking for denial of the Conditional Use stating its violates the 1986 River Management Plan (RMP) for the Upper Delaware Scenic and Recreational River. Though the letter was accepted into the minutes, it was decided after a brief executive session that the UDC cannot be a concerned party during the hearing.

The UDC states that bluestone mining should continue within the River Management Plan regulations and it is also important to the local economy. The RMP allows for minor surface mining operations, but not major surface mining operations.

The Lackawaxen Township Zoning Ordinance is based on the Land and Water Use Guidelines in the RMP, said Douglass. Under the RMP, major surface mining operations are prohibited use anywhere in the river corridor.

Difference

The difference between the two mining operations is a Minor Surface Mining Operation includes any new extraction of minerals by, but not limited to, strip mining, dredging, or quarrying, not to exceed two acres of active face at one time plus an area equal in size to the active face necessary use. A Major Surface Mining Operation is any new land use operation which extracts minerals from the earth from active operations exceeding two acres in size, including, but limited to, strip mining, dredging, quarrying, coal and uranium mining.

The UDC letter questions how a conditional use can be granted for a use that is specifically prohibited by the Lackawaxen Township Ordinance? Additionally, any mining operation over five acres in size is not in substantial conformance with the River Management Plan.

Truck Traffic

A major concern for the residents along Plank Road, truck traffic will increase if the Conditional use is granted, according to the UDC letter.

The truck traffic narrative of the application states, “currently 20 to 60 trucks pass the quarry entrance each day,” and only five to ten of them originate at the Holbert Quarry.”

Based on that information, the UDC figured that there could be as many as 75 to 110 trucks passing the quarry entrance per day. They continued that PennDOT should be consulted regarding this proposal, so that road and safety issues can be fully evaluated.

Continuance

After lengthy discussions on who is considered concerned parties in the hearing; two executive sessions; and reviewing all prior and current articles of evidence, the Board, along with the two attorney’s decided to take their first witness in the Conditional Use hearing on April 10, 5:30 pm at the Lackawaxen Township Municipal Building. This hearing is open to the public.