QUARRY OK'D BY PLANNERS

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, January 8, 1993                   TAG: 9301080128
SECTION: VIRGINIA                    PAGE: B-1   EDITION: NEW RIVER VALLEY 
SOURCE: JAY TAYLOR CORRESPONDENT
DATELINE: LEXINGTON                                LENGTH: Medium
QUARRY OK'D BY PLANNERS
Having already turned down Charles W. Barger & Son's request to open up 112 acres of untouched county farmland for industrial use, the Rockbridge County Planning Commission on Thursday night gave its OK to a rezoning of 10 acres to quarry limestone.
Tha planners also unanimously endorsed Barger's request for a special-use permit, which is necessary for mining the land. But they decided to meet later to discuss conditions.
"I am very disappointed," company President Chuck Barger said after the meeting. "I'm sure there are many other conditions in mind [by the planners] that we don't fully understand."
Barger's requests next go to the county Board of Supervisors, with whom the final decision rests.
The Planning Commission wasn't sure of the exact boundaries of the 10 acres within the original 112-acre parcel, and in its motion it referred to the land as "10 acres approximately shown on the map." The map, which was not previously available to the public or the planners, was produced by Barger. He included no site plan or topographic map.
As the meeting broke up, the planners asked Barger to provide more detailed information about the 10 acres.
Chairman Bill Bean did not allow county and city residents to speak Thursday on the 10-acre proposal because, he said, the public comment phase of the hearing had ended after Wednesday night's five-hour meeting.
Planning Commission member Ben Nicely objected to the 10-acre proposal. "I think we are setting a dangerous precedent tonight. We looked at 112 acres. We rejected that. . . . Is this opportunity going to be granted for every case that comes before the Planning Commission?
"I'm sure that today, a lot of political maneuvering was done, probably more than in an election year. The public will be sent the wrong message by everything that has transpired."
Barger's map of the 10-acre site was placed on a lectern so the 75 or so people in the audience - most of whom opposed the rezoning - could view it.
Leslie Ayers, who with her husband is renovating a home near the site, said that without a topographic map, she couldn't tell whether the quarry could be seen from her home.
Vicki Kruse said she feared Barger's operations eventually would march across more land. "All Mr. Barger wants is a little more land and a little more land. It is a very good thing to ask for the moon and settle for a star."
Tommy Spencer, a Lexington lawyer who has represented several homeowners in suits against Barger, contended that the lawyer advising the planners, Leanne Shank, has a conflict of interest. One of Shank's partners, Neal Johnson, represents Stonewall Associates, a partnership in which Barger owns 50 percent.
"This is an inappropriate forum to raise that objection," Shank responded.
After the 6-3 vote in favor of the rezoning, the planners turned their attention to the special-use permit Barger will need to mine the land.
In a public hearing on the permit, Barger and his lawyer, William McClung, reiterated their arguments for the rezoning: that if Barger is denied the right to mine the new land, not only will his mining operation close, but also his construction and cement operations will fail.
Opponents listed a number of conditions they wanted to see on the permit:

That it expire in three years.

That Barger and his heirs agree to never quarry on the remaining 102 acres.

That Barger post a $1 million bond to compensate landowners for any damages that might result from the quarry operations.
That previously quarried land be reclaimed to its original condition, including filling the massive holes.
Barger's new quarry would be an extension of his existing quarry, which lies near U.S. 60 outside Lexington. He had hoped to mine about 48 acres of the 112 acres proposed for rezoning.
He wants to consolidate his operations, which are split in two. North of U.S. 60 is his cement-making machinery, offices and construction equipment and vehicles, as well as an unused quarry, which is filling with green-tinted water. South of U.S. 60 is his active quarry.

(NOTE: Shorter version ran in Metro).

by Bhavesh Jinadra by CNB