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Mining buffer space retained

At least, for now. Mine officials wanted fewer feet between mines and homes.

By CATHERINE E. SHOICHET
Published March 16, 2007

Residents of northwest Citrus who oppose expansion of mining near their property won the first round of a contentious battle Thursday.

In a 6-0 vote, the Planning and Development Review Board recommended preserving countywide rules that require at least 3,000 feet between mines and homes.

County commissioners will have the final say. A meeting date has not yet been set, but they will likely consider the issue next month.

Representatives of local mines, including Cemex and Crystal River Quarries, said the 3,000-foot requirement is unfair and unfounded and suggested a new 200-foot rule.

They presented statistics that they said showed mines were already operating well within county noise requirements. And they urged officials to consider the importance of mining for construction projects in Citrus and around the state.

"Simply because you hear noise doesn't mean it's a violation," said Inverness attorney Clark Stillwell, who represents Cemex and Citrus Mining and Timber.

But a group of residents from northwest Citrus and southwest Levy said the setback preserves their rights to enjoy their property.

They claimed the sounds of clangs, bangs and blasts already disrupt their lives. And they said Cemex had presented biased data.

"There are serious and convenient voids ... . It seems something is missing: credibility," Inglis resident Dan Hilliard said.

Several residents said they were worried expanded mining would harm the local water supply.

"It's going to get worse, and it will spread," Yankeetown resident Ron Armstrong said.

But Cemex representatives who spoke at the meeting, including several scientists, said mining had not diminished local water quality. And they said state regulations would ensure safeguards to protect water.

"All you heard today from residents supporting the 3,000-foot setback was conjecture," said Don Kelly, Cemex director of aggregate operations.

Ultimately the planning board unanimously supported the 3,000-foot setback, which county staffers had recommended.

But several board members expressed reservations about their vote.

"All mines are not the same. We need to regulate it," board member Raymond Hughes said. "I think we need some more data, some more regulations."

Board chairman J.J. Bard said the county should require construction of berms to protect mine neighbors from noise.

"I think 3,000 feet is too much," he said.

Battles between residents and mining interests are nothing new in Citrus.

Stillwell sparked the latest dispute last April, when he said a 2001 state law that charged the fire marshal with regulating blasting trumped the county's existing 3,000-foot setback rule.

County attorneys said the county could impose new mining setbacks in its land development code.

Thursday's planning board hearing was the first step.

The meeting came on the heels of a County Commission discussion of mining regulation earlier this week.

Commissioners said they were concerned about a legislator's proposal to pre-empt local mining regulations with state rules. They unanimously voted to pass a resolution supporting local regulation of mines.

In other news at Thursday's planning board meeting, board members unanimously voted against another proposed change to the county's land development code. County commissioners had proposed preventing planned development overlays of increased densities in coastal high hazard areas.

But planning board members agreed the change was unnecessary. And several suggested commissioners were trying to avoid dealing with controversial issues, like past proposals from RealtiCorp for property in west Citrus.

"It really flies in the face of what they're supposed to be up there doing," board member Dwight Hooper said.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

[Last modified March 15, 2007, 22:12:02]