Planned Quarry Threatens Lake Ozark Watershed Location is the Major Threat: Your Help Is Needed The People Lead 4 to 0 Read History of the Fight See Mayor's Complaint Who To Write To April 9, 2009 Update Score: People 4 DNR/Magruder 0 Judge Frank Conley has reversed the Land Reclamation permit Following is a email update from Ted Windels: From: "Ted Windels" Subject: The People: 4, DNR/Magruder: 0 Date: Wednesday, April 08, 2009 Dear friends and neighbors, By now you will have heard that Judge Frank Conley has reversed the Land Reclamation permit for the rock quarry on Woodriver Road ( http://www.ask4direct.com/news/krms). He is the fourth judge to rule in our favor, and according to the KRMS news report, made his decision on the very items our lawyers had told the Land Reclamation Commission would not hold up in court. He ruled that, at Magruder's request, the LRC shall hold a new hearing. Thank you so much for your support throughout this ordeal. Meanwhile, Mike Atkisson and I got an appointment with Rodney Schad last month to discuss changes to legislation and rules to prevent a future fiasco like this one. Former DNR director Doyle Childers told me at a public meeting in Eldon that the only way to change the system was through our elected representatives. We have a new director now, but the same old biased system of legisation and rules. I have attached and pasted below the points we left with Rep. Schad. I encourage you to forward them to your representatives and senators and then follow up to see what action has been taken. See See List of Recommendations "The People" need to make to their legislators. Oct 30, 2008 Update Judge Rules No Bond Required Oct. 21, 2008 Update: Oct. 21, 2008 Status Report Sept. 15, 2008 Update 1: Mayor Speaks Out Sept. 15, 2008 Update 2: Judge Lowers the Boom on Magruder Millions of Gallons of Raw Sewage Could Enter Lake Quarry Sits On Top of Sewage Treatment Plant Influent Lines Quarry Adjacent To Sewage Plant's In-Ground Treatment Tanks Fear is that routine blasting operations and continuous heavy truck crossing of the sewage treatment lines would cause system failures. Subsequent shut-down of hundreds of lift stations would leave nowhere for the sewage to go except into the watershed, and eventually into the Lake of the Ozarks or into the Osage River. Economic Impact on the Lake Community Would Be Devastating Lack of sewage treatment functionality would cause every busness to shut the doors. Tourists would avoid the area for years to come! See Map of Quarry Location See LOWA's Web Page For "The Facts of the Matter" As is to be expected, neighbors in the immediate vicinity of the planned quarry are the most concerned and have joined together in an effort to prevent the quarry operation. To provide you with more information on the matter, see a pdf version of their Stop The Quarry flyer. Osage Beach mayor, Penny Lyons, during interviews on KRCG and on KRMS expressed the municipality’s concern that, among other things, serious threats are posed to our watershed by a planned quarry just north of the city. According to Mayor Lyons, blasting that will occur in the quarry could severely damage the sewage treatment plant such that raw sewage would not only enter the Osage River, but could also back up to such an extent as to dump raw sewage into the Lake of the Ozarks. The proposed rock quarry would border three sides of the Osage Beach/Lake Ozark municipal sanitation plant on Woodriver Road. The mayor stated that the quarry would sit right on the two sewer mains that serve both cities. She went on to say that the Lake Ozark watershed is directly threatened by the truck traffic over the mains and by the quarry blasting. One of her concerns is that the mains and the concrete basins in the plant will be cracked and effluent will flow into the watershed without any external evidence since the damage will be underground. Results of March 6 Meeting More than 80 citizens met on March 9 to learn about the quarry threat. The meeting was moderated by Ted Windels with assistance from Mike Atkisson. Representatives Cooper and Schad were both in attendance and each spoke of their efforts in support of the citizens group. The threat is real to all citizens and businesses in the Lake of the Ozarks area. Literature distributed to attendees included a list of issues which can be addressed to public officials when contacting them for their support. Representatives Cooper and Schad agreed that voluminous input from citizens to public officials is of great help in bringing the significance of the issue before all who are in power to do anything about it. Even though these two representatives are on-board with the citizens group, they still desire as much input as possible from the citizens of the area so that they can use it in their efforts to influence DNR and Landfill Reclamation officials. Everyone is urged to be respectful in all such correspondence and to be specific as to why the matter is of concern. Go here for a list of suggested officials to whom to address your concerns. Below is press release announcing the meeting: Concerned Citizens Public Meeting Contacts: Mike Atkisson, 573 280-4725 or Ted Windels, 573 302-1752 or email: windelst@earthlink.net Grass Roots Group Organizes to Protect Lake Sewer Plant The Concerned Citizens of Miller and Camden Counties , a nonprofit group formed to oppose the opening of a rock quarry next to the Lake Ozark/Osage Beach municipal water treatment plant, will hold a public meeting at the main Central Bank facility on March 6 at 6:30 p.m. All business owners and citizens who rely on the water treatment plant are encouraged to attend. Magruder Limestone has applied to the Dept. of Natural Resources for a 100-year permit to operate a surface mine on Woodriver Road . DNR has granted the permit, but the Land Reclamation Commission has not given final approval. The proposed operation covers 205 acres adjacent to the Osage Beach/Lake Ozark water treatment plant and sits on top of force mains that carry 1.8 million gallons of effluent. The citizens group is working with the city of Osage Beach to convince the Land Reclamation Commission that the proposed quarry would be a threat to the health and safety of local residents and to the livelihood of the entire Lake area. List of Issues To Discuss With Your Legislators and Media Magruder Limestone has applied to the Department of Natural Resources for a 100 year permit to operate surface mine on Woodriver Road, Lake Ozark Mo. The Lake of the Ozarks Regional Wastewater Treatment Plant is within the area to be mined. The entire Lake Area depends on this Wastewater treatment plant. The operation of a quarry is a threat to the structure of the Wastewater Treatment Plant and to the force mains. Operation of a quarry would have adverse effects on the health, safety, and livihood of any person or business in the Lake area. If the Wastewater treatment plant is jeopardized, the threat of pollution to the Osage River and the Lake of the Ozarks is definite. The interruption of service is definite. The entire economy of the Lake area would be upset. The negative publicity would adversely impact tourism Tax income from the tourist industry would decline drastically. In composing your phone call, letter, or email consider the following excerpt from the permit approval recommendation letter of July 13,2007 of DNR Bureau of Land Reclamation's Director Larry P. Coen to the Land Reclamation Commission. In it, Director Coen recommended that the permit be approved based on "...the company has satisfied the requirements for application completeness." That letter further states: A summary of Director Coen's responses to citizen concerns can be found here. You are encouraged to read all of Director Coen's letter. Who To Contact With Your Concerns Legislators By inputting your zip code, Legislative Look-Up will provide you with contact information about your specific state and federal elected officials. For this specific issue, it is recommended you contact the following: Rep. Robert Wayne Cooper MO House of Representatives 201 West Capitol Avenue Room 234 Jefferson City MO 65101 Capitol Ph: 573-751-1119 Capitol Fax: 573-526-9803 E-Mail: Wayne.Cooper@house.mo.gov or rwaynecooper@yahoo.com Rep. Rodney Schad 201 West Capitol Avenue Room 410B Jefferson City MO 65101 Capitol Ph: 573-751-2077 Capitol Fax: 573-522-2441 E-Mail: rodney.schad@house.mo.gov Rep. Tom Self 201 West Capitol Avenue Room 3133 Jefferson City MO 65101 Capitol Ph: 573-751-3971 E-Mail: tom.self@house.mo.gov Sen. Carl Vogel State Capital Bldg--Room 321 Jefferson City MO 65101 Capitol Ph: 573-751-2076 E-Mail: carl_vogel@senate.mo.gov Sen. Churck Purgson State Capital Bldg--Room 420A Jefferson City MO 65101 Capitol Ph: 573-751-1882 FAX: 573-526-4716 E-Mail: chuck_purgason@senate.mo.gov Missouri Division of Tourism Attn-Director P.O. Box 1055 Jefferson City, MO 65102 Phone: (573) 751-4133 Fax: (573) 751-5160 E-mail: tourism@ded.mo.gov Contact the Governor In addition, you can contact the governor by letter or phone as shown below: Office of Governor Jay Nixon P.O. Box 720 Jefferson City, MO 65102 Phone: (573) 751-3222 Or, you can contact him via the internet by filling out the provided form. OTHER CONTACTS OF INTERESTS Jim Divincen Exec. VP, Tri Country Lodging P.O. Box 1299 Osage Beach Mo 65065 Phone: 573-348-0111 FAX: 573-348-4292 email: jim@funlake.com Tim Jacobson Exec. Dir. Convention & Visitors Bureau P.O. Box 1498 Osage Beach MO 65065 Phone: 573-348-1599 FAX: 573-348-2293 email: tim@funlake.com RETURN TO TOP OF PAGE Summary of Director Coen's Responses to Citizen Concerns Director Coen recommended approval of the permit. He responded to the provided written concerns of citizens and city officials by stating the following:. 1. Magruder complied with the law requiring public notice, “…whether or not people surrounding the proposed mine site receive the newspaper or not …a small rural paper on the other side of the county.” 2. in regard to the law that states that it is required that written notification be provided to properties “…adjacent to the proposed mine plan area”, Director Coen concluded that, since the proposed “mine plan area” was inside the boundary of the Magruder property, there was no requirement that any other property owners be notified. Further, since the property was only in Miller county, there was no requirement that the cities of Lake Ozark or Osage Beach be notified. 3. in regard to the potential damage to the force sewer mains, Director Coen showed some concern, stating “We encourage Magruder Limestone Company to prevent any possible economic or environmental damage associated with the force mains or easement.” In regard to heavy equipment driving over the force mains, the Director states, “Magruder will need to work out this concern with the Sewer Plant.”. 4. in regard to noise pollution (a major concern of a near-by RV park) Director Coen was also sympathetic, even to the point of offering suggestions such as providing the name of the person at Magruder to whom the complaint could be registered. But, he then stated “There are no environmental provisions that allow the Missouri Department of Natural Resources to administer protection against noise pollution.” 5. in regard to damage to creeks and streams that run into the Osage River, Director Coen responded that there are existing regulations to which Magruder must abide in order to prevent any such problems. 6. in regard to quarry traffic concerns, the Director simply stated that DNR has no authority to regulate traffic on public roads. 7. in regard to the dust problem, Director Coen states that DNR has no authority to regulate dust due to quarry trucks on public roads but DNR does mandate that no visible dust generated within the quarry escape the quarry property. 8. in regard to concerns about blasting, Director Coen states that a current approval already exists for a 15 acre quarry to APAC that is adjacent to the treatment plant and that blasting from that quarry would also cause damage to the sewer treatment plant. Further, if any damage is caused by the blasting then civil litigation action is called for. Director Coen recommends that a “blasting survey” be performed on private property before blasting commences and/or that a consultant be hired to perform seismograph studies within the property. The Director further suggested that Magruder provide a blasting schedult to anyone living or working within a half mile of the point of detonation. But the bottom line statement from the Director was, “We have no ability at this time to provide aid or relief for anyone concerning the detonation of explosives…”. 9. in regard to concern about water well damage, the Director stated that such concerns “…are understandable, although this does not happen often.” He goes on to state that there are no laws in Missouri that provide protection for maintaining a viable groundwater supply. 10. impact on property value. The Director acknowledges that the quarry could cause property values to drop, and that restitution should be sought. He acknowledges that the the Land Reclamation Act “…identify and perpetuate the taxable value of property…” but does not provide guidance for property devaluation. 11. impact on livihood, business. The Director states that he has seen no evidence that proximity to a quarry has reduced the value of property. 12. concern about location in a residential area. Director Coen states that any issues will be resolved by the good neighbor character of Magruder Limestone Company. In conclusion, Director Coen recognized citizens’ frustration with the following statement: An area of great opportunity, indeed! For Magruder? Or is this not a great opportunity for the legislators of this state to step forward and pass legislation that will protect the citizens rather than leave us at the mercy of possibly unscrupulous mining corporations?

Magruder Quarry Blasting Halted

Where we are now

• Motions were filed in Miller and Lincoln counties.
• Magruder started blasting..
  
• A temporary stay of the original permit was granted by Circuit Judge Oswald on Sept. 11.
• Stay was continued after a hearing on Sept. 15.
• Magruder resumed blasting on Sept. 16 under a new land disturbance permit on which they changed “quarry” to “land development.”
• Blasting was stopped by Judge Kinder on Sept. 25, though all other “development” operations are allowed.

Where we are now and what happens next.

• Now we wait for judicial review of original Land Reclamation permit. This requires the judge to review the entire record to determine if the permit was granted legally. This could take several weeks.
• See Pertinent DNR Site
• His decision is likely to be appealed. The case would then go to the Court of Appeals.
• Case # 08ML-CC00106 on Case.net.

Making the Case

• The permit application was not complete, which is the only criterion for approval
• There was no lease agreement with the land owner.
• The hearing officer used evidence in his order that was not in the record.
• He placed the burden of proof on the petitioners instead of on Magruder as required by statute 444.773.4.

What happens next?

• Fight through the courts. The last time LRC granted a hearing, it took seven years before the case was settled.
• Oct. 3, Director Childers held a public meeting at the Eldon Community Center. His answer to “What is his plan to avoid future fiascos like the Magruder permit” was that it will be up to us to change the process through legislation. He is bound by the regulatory structure. He takes no role as a public advocate.

Write Your Representatives With This List of Recommendations

Recommendations to Revise Surface Mining Statutes and Rules

First, close the loopholes:

• Revise the content of the public notice (Section 444.772 #10) to be easily understood by the general public and use the notice of strip mining as an example of choosing a newspaper in which notice is published (Section 444.110). Township and Range numbers alone are insufficient and do not carry the same meaning for most folks as language such as a street address does. The practice of granting one permit to an operator and then calling all new permits “expansions” confuses the notice language. The public assumes a permit extension means the expansion of an existing surface mine, not the opening of a new one at a new location.
• Revise the “adjacent” or “contiguous” landowner notification rule. Currently, “the mine plan area” can be drawn within inches of property boundaries, thereby allowing the applicant to avoid notifying adjacent landowners. (Section 444.772 #10) The LRC (Land Reclamation Commission) has looked at this in the past (July 16, 2007, Memorandum from Larry P. Coen, Staff Director), but obviously has not found a solution that is helpful to the public.
• Applicants are currently allowed to amend and complete applications even after they are determined to be complete, which is the only criterion for approval (formal hearing testimony). Former DNR Director Doyle Childers led us to believe this is a common practice (public meeting, 10/03/08, Eldon Community Center). Requiring that the application process be restarted and applying a fine after discovery that an application has been approved in the absence of required information that the applicant failed to supply would help produce a more honest and efficient process.
• For the purpose of bureaucratic efficiency, allow previous violations from other agencies to be considered in a Land Reclamation permit (LRC minutes, 7/26/07.)
• Require an onsite visit by a Land Reclamation Group inspector before application approval, especially if the proposed surface mine is near sensitive features such as rivers, streams, structures, residential areas or utilities. This would help prevent applicants from leaving required information off the application.

Place the public on an equal footing with the permit applicants:

• ---Land Reclamation Group staff provided assistance with Magruder’s Sept. 27, 2007 Power Point presentation (deposition from formal hearing). No such assistance was offered to the petitioners.
• ---One of the few things that can hold up an application is a history of violations. Staff accommodates operators by allowing opportunity after opportunity to correct violations. Consequently notices of violation are rarely issued (deposition from formal hearing). . The record of public complaints is given no consideration in issuing a new permit or permit expansion.
• ---Require public information meeting between applicant and public. Currently the applicant can opt out of the information meeting with the public, and most do, though such a meeting can preclude further strife (LRC minutes, 1/24/08.) The LRC gets hearing requests at almost every meeting. The LRC often prolongs consideration of a hearing request to allow petitioners and applicants to work out their differences and present their sides. A public information meeting also provides LRC with the opportunity to explain the process and the legalities to the public, such as who qualifies as a petitioner and what constitutes “scientific evidence,” which is not defined by LRC, but which is required for a hearing request to be granted.
• ---Land Reclamation Group employees are defended by the Missouri Attorney General’s office and legal expenses are a write-off for the applicant. A formal hearing is ruinously expensive for most members of the public, which puts them at a great disadvantage, and can prevent them from getting their day in court.
  
  How can the State put the People on an equal footing with business and bureaucracy?
• Treat surface mines more like strip mines: Section 444.890, which gives the LRC latitude on deciding the suitability of a mine location, provides an example.
• Consider expanding the responsibility for protection and promotion of the health, safety and general welfare of the people of this state (Section 444.762) beyond Land Reclamation, whose primary purpose is land reclamation. The Land Reclamation Act does not give any guidance for this “declared policy of the state.” Land Reclamation appears to take no responsibility beyond the adjacent properties to the surface mine. And of course, the mine plan loophole means there are no adjacent properties.