Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 28, 1993 TAG: 9304280266
SECTION: VIRGINIA PAGE: C-1 EDITION: STATE
SOURCE: By JAY TAYLOR CORRESPONDENT
DATELINE: LEXINGTON LENGTH: Medium
Late Monday, the board approved conditions that will allow Charles W. Barger & Son to expand into and mine 20 acres near the Lexington city limits.
The action ended a six-month, emotional struggle between company President Chuck Barger, who has fought to keep his near-town location, and hundreds of citizens who want his quarry moved away.
The board rejected requests by opponents, who fear the permit will allow Barger to leave huge expanses of exposed quarry visible from the city. They also fear the permit will leave residents little recourse in dealing with damage caused by blasting.
Yet Barger said Tuesday that he had gotten only "a third" of what he wanted, and could not understand the disappointment of his opponents.
The process began in October when Barger applied for a rezoning and conditional-use permit that would allow him to mine nearly 50 acres near the city. That property adjoins the current mining operation.
To soften his proposal, Barger made several promises. He said the permit would allow him to move his scales and cement maker from north of U.S. 60 into a consolidated operation on the south side. This, he said, would reduce the number of gravel trucks on the highway.
He said also that he needed the permit because, though he had the necessary permission to mine near the Lexington Baptist Church, he wanted to be a "good neighbor" and leave that land untouched.
Because dozens of complaints had been leveled at Barger over damage to house foundations allegedly caused by blasting, Barger said he supported arbitration to handle the complaints. And in response to worries that the quarry would deface the views from Lexington, he offered to do extensive landscaping.
The supervisors agreed to rezone Barger's land, but he still needed a conditional-use permit.
On Monday, the supervisors:
Allowed Barger 10 years to move equipment from the north side of U.S. 60 to his new operation on the south side.
Did not make arbitration mandatory. This, opponents say, gives Barger the option to refuse arbitration and drag complaints into court and outspend the average citizen. Lexington Mayor Buddy Derrick on Tuesday blasted this arrangement, saying Lexington residents would have no sure way of getting compensated for blasting damages. Barger said he has always dealt in good faith on damage claims.
Did not require Barger to terrace some sections of the quarry pit, as had been requested by Lexington City Council.
Allowed Barger to mine a hill that Lexington politicians had asked be left untouched. Barger says he would take the hill reluctantly.
Refused to prevent Barger from mining near Lexington Baptist Church. When the ban was proposed, Barger asked that he be allowed to mine the land, though he would do so reluctantly.
Also at Monday night's meeting, the board enraged Barger's opponents by not allowing them to speak, saying they had spoken at previous meetings.
Barger, however, was asked to sit at a table in front of the supervisors and comment on the proposals. At times he conferred quietly with the members, standing by them.
At one point, Supervisor Ben Nicely asked that the depth of the quarry be limited. Supervisor Maynard Reynolds, who has consistently voted on Barger's side, replied that "nobody has asked for that condition." Several onlookers yelled, "Yes we did."
Derrick lamented the action of the supervisors. The city made rational requests, he said, but "it would appear to me they have been largely ignored." At a time when Lexington and Rockbridge County are trying to work together, this decision does not help, he said.
"My personal opinion is that [the quarry] is going to look like an ugly scar up there," Derrick said.
by CNB