Monday, October 13, 2014
 
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Potential new fly ash disposal near Elkhart draws strong opposition

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[October 13, 2014]  LINCOLN - The old school gymnasium in Elkhart was packed once more as the Logan County Zoning Board of Appeals concluded public hearings last Thursday night. The reason for the hearing concerns land outside of the village that is owned by the Viper Mine and Arch Coal. The landowner is requesting to rezone the land from Agriculture District and Special District to M-3 Extraction District so it can be used for a new fly ash disposal facility. The property in question is located one mile southeast of Elkhart, adjacent and north of the current processing and impoundment.

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]

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