Pit and Quarry

Wild West

California’s Office of Mine Reclamation (OMR) is threatening to stop Lehigh Southwest Cement Co.’s Permanente Quarry from selling material to government agencies, and the clock is ticking. In a letter dated July 20, the Cupertino company was handed a 30-day notice that it must comply with state reclamation regulations or be taken off the AB 3098 List. Quarries on this list can sell mined materials to governments but must have approved reclamation plans and the financial assurances that they can cover the associated costs. Lehigh’s violations include the instability of pit slopes as well as surface mining operations occurring outside an approved reclamation boundary, which should have been addressed by December 2007, the letter states. Lehigh must correct these violations to comply with the Surface Mining and Reclamation Act of 1975. Lehigh has been working with the Santa Clara County planning department, the lead agency on the issue, and said it’s in full compliance with the law, according to an article in the Los Altos Patch. We probably haven’t heard the last on this West Coast dispute. – Brian Richesson

How long will it last?

Look up “Hydraulic Fracturing” on Wikipedia, and be prepared to do a lot of reading. The controversial practice involves the use of water, chemicals and sand (high in silica content) to aid in the extraction of natural gas. Hydraulic fracturing – or fracking – has created a huge demand for “frac sand,” and has been a boon to some aggregate producers who have seen the value of their product increase manyfold.

T. Boone Pickens has jumped on the natural gas bandwagon, too. Remember him? Pickens is the former oil tycoon who was all over the airwaves a while back promoting the idea of wind power. He envisioned making America the Saudi Arabia of wind, and I even wrote an editorial about it.

A couple months ago, I attended a talk by Pickens in which he discussed the exploration of natural gas in the United States. Pickens spoke for at least an hour, and I don’t recall him even mentioning wind power. He is now all about natural gas.

What Pickens didn’t say was anything about the controversy surrounding the process. I don’t even think he used the terms “hydraulic fracturing” or “fracking.” He hardly mentioned the process at all.

The problem is that chemicals used in the fracking process may be contaminating the environment and people’s ground water. The Environmental Protection Agency announced June 23 that it would examine claims of water pollution related to hydraulic fracturing in Texas, North Dakota, Pennsylvania, Colorado and Louisiana. It’s a big controversy, and you’ve probably heard about it.

In the meantime, some aggregate producers are cashing in on the demand for frac sand, and that demand will likely continue – at least in the short term. However, given the potential environmental concerns the hydraulic fracturing process creates, future regulations could make the process more costly and less appealing. – Darren Constantino

Victory in Michigan

There's good news in Michigan, where the aggregates industry recently celebrated a legislative victory in an ongoing permitting issue.

First, some background, courtesy of the Michigan Aggregates Association (MAA): A Michigan Supreme Court decision last year eliminated a function called the "very serious consequences" test. Because natural resources can only be produced where they are located, courts have historically applied this unique standard to aggregates facility cases. A permit could not be denied if the applicant could prove that “very serious consequences” would not result from the operation of the facility.

According to MAA, this test for decades has struck a reasonable balance between the public’s need for aggregates, private property rights and local zoning interest. But last year, the court reasoned that if the “very serious consequences” standard is to be law in Michigan, the legislature, and not the courts, should establish that standard. This decision gave local municipalities more power to deny permits and close operations. In fact, MAA noted, an aggregates production facility in the Upper Peninsula already had been forced to close.

MAA rallied the industry against this damaging decision and worked to reverse the outcome. Rep. Matt Huuki and Sen. Tom Casperson teamed to amend the law by codifying the “very serious consequences” test in the Michigan Zoning Enabling Act. MAA members were asked to contact their legislators to support this corrective action. And in the end, the legislation passed the House and Senate. View the final bill (HB4746) here.

MAA will hold an environmental meeting on July 16 as part of its summer meeting to further explain the issue. To register for the free meeting, contact the MAA office at 517-381-1732. The summer meeting will be held from July 14-17 at The Inn at Bay Harbor in Bay Harbor, Mich.

According to the MAA, more than 80 million tons of mineral aggregates were sold from Michigan sources last year. About 300 surface facilities produce this aggregate, and the industry employs more than 8,000 people statewide. – Brian Richesson

Giving back

We often hear about aggregate companies giving back to their communities through donations, open houses and other commitments. And for each good deed we read about, hundreds more go unnoticed outside the local area. Many of these projects help not only the community, but the environment, as well.

The largest producer in the United States, Vulcan Materials, donated more than $64,000 worth of aggregates and services to construct an underwater reef in Virginia's James River. It's all part of a collaborative effort to restore the Atlantic sturgeon to the river and the Chesapeake Bay. And the reef project is only one of many community and environmental projects supported by Vulcan Materials.

The company's Grand Rivers Quarry near Paducah, Ky., made a $10,000 donation to the Livingston County Friends of the Library, and an anonymous donor is matching Vulcan's contribution. The funds will be used to buy books for the community's new library.

Lafarge North America also strives to be a good neighbor. As part of its ongoing partnership with the World Wildlife Fund (WWF) Canada, the company signed its 2050 Conservation Vision, a statement reaffirming its commitment to conservation in the southern Canadian Rocky Mountains.  The company said it will continue to work with WWF Canada and Alberta Tourism, Parks and Recreation on studies to gain a more comprehensive understanding of the needs of wildlife in the Bow Valley area. These studies will inform future conservation activities in the region.

Lafarge North America also teams with local communities across the United States on environmental projects. To mark Earth Day this year, the company held festivities and open houses in several states, with events ranging from river cleanups to tree plantings. For example, in Pearl River, La., the company's Honey Island facility, along with the U.S. Fish and Wildlife Service, planted 30 oak trees as part of the site’s commitment to ecosystem rehabilitation and in support of native species.

Of course, Vulcan Materials and Lafarge North America are not the only aggregate producers who give back to their communities. There are several stories of generosity from the largest producers to the smallest. And, as with everything else in life, the paybacks of giving are manyfold. –Darren Constantino

Revising the rules

Construction firms now have time on their side. Last week the California Air Resources Board approved revised off-road diesel emissions regulations and delayed their implementation four years – until 2014. Michael Kennedy, general counsel of the Associated General Contractors of America, said the revisions "allow hard-hit construction firms the time and flexibility needed to modernize their diesel equipment in a way that actually delivers meaningful environmental benefits to the state's residents." Firms can modernize their fleets with more efficient equipment coming online in the coming years, Kennedy said. The revised rule also gives contractors credit for efforts they have already made to reduce emissions and rewards contractors for voluntarily reducing emissions before 2014. There are an estimated 150,000 off-road vehicles used in California. – Brian Richesson