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SUMMARY OF ZONING HEARING BOARD MEETING 8/12/08

Attorney for Lehigh Cement -  Williams
Attorney for Residents Group -  Grim

The September 12th meeting was devoted to cross-examination of the “Dynamite Duo” John Melick and Sherman Hayes. Melick and Hayes are employees of Maurer and Scott Sales, Inc.  Maurer and Scott Company are under contract with Lehigh Cement to perform blasting services for Lehigh Cement’s Evansville quarry.

Under cross-examination by Grim both individuals stated their company has not been awarded a contract to provide blasting services for Lehigh Cement’s proposed quarry #5, nor has their company participated in any phase of a blasting plan for the proposed site.

Attorney Grim stated to the board that both individuals testimony was highly speculative and not specific to the proposed quarry #5. Regardless of what they state about blasting it may not apply to the company who is awarded the contract for services should the quarry be approved.

Mr. Hayes insisted that Maurer and Scott had not been fined in his tenure with the company, but later conceded the blasting company is not normally fined for violations but rather the quarry permit operator would be fined by D.E.D. Mr. Hayes did recall two incidents in 2007 where flyrock from his company’s explosions left the quarry property.

In one incident flyrock traveled in excess of 1000 ft. and tore through the roof and walls of a home. In another incident flyrock traveled 150 ft. landing on a golf course.

Mr. Hayes was vague in his recollection of D.E.P’s investigation to determine what caused these violations.

In later testimony Mr. Melink admitted that he was aware of two violations his company was involved with. Reluctantly, he identified one company as Highway Materials who were fined by the D.E.P. His memory failed him suddenly as he was unable to recall the name of the second company involved in a blasting violation???

In cross-examination by Board Members Mr. Melick conceded that fumes from the blast are harmful to individuals and that the blaster relies on dissipation of the fumes in the atmosphere to neutralize the fumes before they reach the public.

All in all both experts tried to convince the Board the transportation, mixing and exploding of 500,000 lbs/year of the proposed quarry site would not have a major impact on the area.

According to their testimony you would hardly know they are on site. You may hear a “clap of thunder” and feel a bit of movement in the earth. “No Big Deal!!!.”

At the conclusion of their testimony the Board set the date of September 9th at 7 pm for the next meeting. Attorney Grim asked Lehigh Cement Attorney, Mr. Williams, to project when Lehigh Cement might conclude their cases and the number of expert witness’ they planned to call. Mr. Williams was unable to give a projection but promised to have Mr. Saltzman provide Mr. Grim and the Board with that information.

NEWS ALERT

On Tuesday, August 19th, Attorney Grim was informed that Lehigh Cement has filed an appeal in Berks County Court challenging the ruling of the Richmond Township Zoning Board regarding a crushing operation at the proposed #5 quarry.

Lehigh Cement has also asked the Berks County Court to delay any further Zoning meetings until the court has ruled on their appeal.