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 Citizens of Elkhart and the surrounding area have voiced their
concerns over the placement of the disposal unit. Concerns brought
forward included possible toxicity in the fly ash, which may
contaminate water and soil. Another major concern was the future of
the area after the mine has ceased production.
Chairman Doug Thompson read a letter aloud from Guy Fraker, an
attorney who could not attend the second part of the hearing, but
was present at the first. Fraker’s letter, which was addressed to
the Zoning Office, stated that Fraker is opposed to the land being
rezoned. Fraker cited the historical significance of the area and
the aesthetics of the Elkhart area as reasons for not rezoning the
land in question. Fraker’s letter also stated that the issue here is
not the safety procedures of the mine, but the suitability of the
land for the proposed use. “There is no justification to change to
the proposed use,” according to Fraker’s letter.
Don Behle, an attorney representing Elkhart, told the audience that
the village of Elkhart has signed a resolution opposing the rezoning
of the land. Behle said the primary reason stated in the resolution
was the close proximity to the village water supply.
Behle said the resolution asks for three things. First, the village
asks that the ZBA deny the rezoning. Second, the resolution asks
that the County Board deny the request. Third, the County Board
should have a three-quarters vote to approve the rezoning, should
they approve it.
Gillette Ransom, a resident of Elkhart, spoke after Behle. Ransom is
one of the founding members of the Elkhart Historical Society, and a
former member of the Tourism Board.
Ransom cited the various tourism-centered activities in Elkhart as
reasons not to rezone the land. “Elkhart uses tourism as an economic
tool,” said Ransom. Ransom said that tourists coming to Elkhart will
be turned away by the presence of a coal ash impoundment.
Ransom also said that the Greenways Plan, adopted in 2006, provides
a plan for creating scenic, open areas in the county that encourage
tourism. “The once scenic by-way from Mount Pulaski to Elkhart is
now being framed on the south side by mine waste,” said Ransom. “If
the proposed expansion is approved, it could not only allow leeching
of toxins into the waterways and ditches, but it will eventually
obscure the magnificent view of Elkhart Hill from the east.”
Whitney Pasquesi provided printed studies to the ZBA. The studies
were written by three groups: the Physicians of America; the Prairie
Rivers Network; and the Sierra Club. Pasquesi did not make
presentation on any specific information found in the studies.
According to Pasquesi, the studies concerned the environmental and
physical health risks of fly ash in Illinois.
Joyce Blumenshine, who is from Peoria, is the chair of the Illinois
Sierra Club Mining Issues Committee. Blumenshine said she works with
citizens who are concerned over coal mine pollution in Illinois.
Blumenshine said that while the environmental agencies that regulate
coal mining do good work, they are underfunded and understaffed. “If
anyone thinks the state agencies will come and save you from
pollution, I have examples where that has not happened,” said
Blumenshine. Blumenshine cited three examples in recent Illinois
history in which coal mine pollution was not dealt with in a quick,
clean manner.
In addition, Blumenshine questioned the decision to use this land in
particular. “It wasn’t chosen because it was the safest, or because
the ground is going to protect the watershed. It’s chosen for the
profitability and convenience of the mine,” said Blumenshine. Last
week, the mine representatives repeatedly stated that the plan
centered on this land because it was the most efficient and safe to
use, and they already owned the land. “Coal ash is toxic because
of the metals in it. There was a point in time where science said
that certain levels are safe. Now science is saying there is no safe
level,” said Blumenshine. Blumenshine also said that there is worry
that the toxins will build up and combine over time.
Blumenshine also said that the mine [personnel] has not been
diligent in looking for alternate locations.
Phil Gonet, President of the Illinois Coal Association also
addressed the ZBA. Gonet said his comments were being made to
support the Viper Mine’s efforts.
Gonet said that fly ash was the greatest concern, from what he could
tell after last week’s hearing. Gonet reiterated that fly ash is not
hazardous. Furthermore, Gonet said that fly ash is not just refuse,
but it is also used as filler in constructing highways, bridges, and
a wide range of other structures.
“This material is virtually identical in its composition to volcanic
ash, with properties that make it ideal for concrete,” said Gonet.
ZBA member Rick Sheley asked why the fly ash is not being sold if it
so useful. Gonet said that there is a capacity that has to be kept
in mind when selling fly ash, as the customers can only take so much
back as part of their contracts. Gonet cited CWLP as an example of
one such customer, and the I-72 interchange as an important project
that utilized fly ash. Gonet said that coal does contain trace
amounts of heavy metals. However, Gonet said that coal and coal ash
contained the same metals found in dirt and rocks, and the
concentration of the metals is too small to be a hazard, or even to
be properly measured. “If coal ash is so harmful as the opponents
lead us to believe, then so is the dirt,” said Gonet.
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Gonet said that in 1988, coal ash was deemed non-hazardous by
the EPA, and further studies continued to support that finding.
Gonet also said that the Viper Mine has been operating
successfully for thirty-two years, and they have been exemplary
in their monitoring of the current impoundment in that time.
Gonet said that anyone can request the mine’s records from IDNR.
“The monitoring wells have never detected any excursion from the
pond. Never. The Viper Mine has proven to be a responsible
steward of this operation,” said Gonet.
Finally, Gonet said that the potential loss of jobs should the
mine have to close down early would result in a terrible
economic impact, as 300 jobs and those of related contractors
would result in the loss of thousands of dollars no longer being
spent in the area.
Chairman Doug Thompson asked if Gonet could clarify on
reclamation and future monitoring. Gonet said that the land
would be drained of water, capped, and vegetated after the mine
was closed. Monitoring would also continue to help ensure
nothing would leak into the surrounding area. “I believe the
company has to monitor that,” said Gonet.
Several employees of the Viper Mine also spoke to the crowd,
saying that the Viper Mine is always conscious of safety and the
environment, and that not rezoning the land could make it
difficult for the mine to retain the 300 jobs currently under
its employ.
One of those employees was Rick Hoeffert of Middletown. Hoeffert
said he just wanted to let people know that he is one of those
jobs that could be lost if the mine has to close down.
Another employee is Mike Oberreiter of Mount Pulaski. Oberreiter
said he has several family members and friends that live in
Elkhart. “There’s no way I would ask you to support this if I
thought this was going to endanger your life,” said Oberreiter.
“I can stand here and say that because we have done the same
thing for thirty years just across the road.”
Another employee of the mine, Sandra Miller of Taylorville,
spoke to the ZBA members as well. Miller said she started
working for the mine in 2012 and she began her career working
directly with fly ash. “I’m perfectly healthy,” said Miller.
Miller said the current impoundment has presented no issues in
the time it has been used. Miller attributed that to the work
ethic of the mine and the regulations that are in place.
Furthermore, Miller said that the past examples of mining
problems presented by Blumenshine are reason why regulations are
so strict. “Those examples are why the regulations change,” said
Miller.
“They care about the community and all of us,” said Miller.
Miller said that people she talks to know of Elkhart because of
the location of the Viper Mine. “That’s what people know about
us. We’re part of your history,” said Miller.
Miller also repeated Oberreiter’s statements, saying that they
would not ask for the land to be rezoned if they thought anyone
was in danger.
Before the ZBA members began deliberating, Kayla Primm,
representing the Viper Mine, made one final statement. Primm
reiterated that this facility has been designed in accordance
with the most up-to-date regulations, and it would be a refuse
disposal area. Ash materials would be blended with other
materials as part of the process.
“The ash that we receive is not toxic. We undergo a rigorous
permit process overseen by the Department of Natural Resources
and the Illinois EPA. They require routine testing of surface
water and ground water to provide assurances that the Viper Mine
does not impact water quality,” said Primm. Primm reiterated
that there are several other agencies that the mine reports to
concerning water, air, and ground safety.
In addition, Primm said that coal is listed as a strength under
Logan County‘s Economic Master Plan, and said plan encourages
multi-county collaboration.
“We strive to be a good neighbor, and we will continue to
support these communities. To the board, we say thank you for
your time and consideration,” said Primm.
After public comments were closed and final statements were
made, ZBA member Rick Sheley made a motion to approve the
rezoning and Judy Graff provided a second to the motion. Sheley
voted no on the motion, with Graff and Chairman Doug Thompson
voting yes. As per ZBA regulations, three votes are needed to
approve a motion. As a result of the night’s 2 - 1 vote, the
motion to approve failed to pass. The final decision to approve
the land re-zoning will be brought to the Logan County Board
later this month.
 Members of the ZBA present were Doug Thompson, chairman; Rick
Sheley, and Judy Graff. The other members of the ZBA decided to
abstain from this specific matter for personal reasons. Logan
County Zoning Officer Will D’Andrea was also present.
[Derek Hurley] |
