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%peration that closed in the 1980s, even though no state or local <br /> regulations existed to compel such an effort. <br /> But in February 1990, Pegasus struck water while drilling an <br /> exploratory shaft, forcing the company to file state applications for <br /> groundwater appropriation and for &watering the mine shaft. In <br /> June, the state engineer ordered a halt to mining activities. This <br /> respite allowed citizen groups opposed to the mine to muster their <br /> forces for a total revision of the existing county mining regulations. <br /> In response, the county commission enacted a 180-day moratorium <br /> on exploratory mine permits that took effect in August 1990. <br /> During that hiatus, a special task force was to draft an amendment <br /> to the county zoning ordinance. The task force included citizens, <br /> county planners, mining officials, and industry representatives. <br /> Because of what McGowan and others discreetly describe as <br /> "difficult personalities," the revision process, by all accounts, <br /> became remarkably contentious and polarized, with quorums failing <br /> to materialize as the deadline for reviewing the draft ordinance <br /> neared. McGowan recalls "demonstrations, TV cameras, conflict, <br /> and antagonism on the planning committee" before a subcommit- <br /> tee worked out final ordinance language at the last minute. In the <br /> end, the county commissioners themselves conducted a 26-hour <br /> hearing over two days before adopting two amendments in Januaty <br /> 1991. One deals with mineral exploration and extraction, the other <br /> with zoning for extraction of construction materials. <br /> One of the toughest issues Santa Fe County had to face, <br />according to McGowan, was how a county planning staffcould use <br />its zoning authority to compensate for the lack of state mining <br />regulations. Most counties, she observes, do not have the depth of <br />environmental expertise that state regulatory agencies possess. In the <br />end, the task force solution was to tap the community's expertise <br />through an unpaid mining plans review board (MPRB) appointed <br />by the county commissioners. The board is empowered to review <br />"all operations, reclamation and environmental assessment plans, <br />and environmental impact statements" and make recommendations <br />to county officials on each case. Besides two citizen members, the <br />MPRB must include: a hydrogeologist; a graduate-level mining <br />engineer; a faculty member from the New Mexico Institute of <br />Technology's mining department; a staff member of the local Soil <br />and Water Conservation District; a professional biologist or <br />ecologist; a specialist in socioeconomic analysis; and a staffmember <br />of the state Game and Fish Department. One paragraph requires <br />any member of the MPRB with a potential interest in an applica- <br />tion before the board to disclose that conflict of interest before <br />consideration of the permit begins. <br /> Other provisions of the new ordinance require financial <br />warranties of performance to ensure compliance with the perfor- <br />mance standards, security requirements, and reclamation agree- <br />ments that are spelled out in each company's permit. Detailed <br />sections of the 50-page ordinance spell out the types of reporu and <br />application information that mining companies must submit for <br />proposed operations, including the contents of environmental <br />assessments. Those assessments must: describe the location and size <br />of the area affected; provide an inventory of existing environmental <br />conditions on the site including flood zones, geologic hazards, <br />wildlife habitat, and soil types; and describe the chemical substances <br />and mining methods to be used. In addition, the company must <br />specify any National Register or archaeological sites or parks or <br />cultural resources on the land to be mined, as well as any endan- <br />gered species, prime farmland, or wild and scenic riven. In short, <br />the regulations contain many of the details one might expect to see <br />in state or federal mining regulations. <br /> To date, the ordinance remains untested, perhaps in part <br />because permit delays caused Pegasus, which had spent $19 million <br /> <br />on the project, to fail to meet the terms of its participation agree- <br />ment, and the lease reverted to LAC Minerals. However, McGowan <br />expects LAC Minerals to return "before long" for an exploration <br />permit to resume its activities. <br /> In the meantime, however, the increasingly knowledgeable <br />citizen groups struck their own gold in this spring's state <br />legislative session by winning passage of a new law regulating <br />hard-rock mining. It will still take another year or two, however, <br />for the state EID to formulate and approve regulations to <br />implement the lag,, which focuses on preventing pollution and <br />restoring the land for post-mining use. McGowan says that the <br />debate over state preemption of local regulations like'those in <br />Santa Fe County was resolved by the statute's silence on this <br />point. The lack of any statement on preemption presumably <br />leaves the county ordinance in force. <br /> <br /> Stone Quarries in Nashville, Tennessee <br /> Hoover Inc. has a problem. The Tennessee limestone firm lost its <br /> former quarry site in Nashville-Davidson County (a consolidated <br /> metropolitan government) to the expanding Nashville International <br /> Airport, which acquired the site in 1988 through eminent domain. <br /> That left the firm with two other quarries in counties to the <br /> southeast, but no site in the immediate Nashville area. For a high- <br /> volume, low-value building material like limestone, hauling costs <br /> can be extremely high and a major competitive factor, notes Shawn <br /> R. Henry, senior planner for the Metropolitan Planning Commis- <br /> sion. Thus, Hoover wanted to find a new site that would let it <br /> compete with other local quarries. <br /> The problem is that urban uses in Nashville are encroaching on <br />the less developed areas where existing quarries have operated. <br />Moreover, Nashville's current zoning ordinance provides uncertain <br />guidance on the location of such uses. Sawmills, mines, and quarries <br />are permitted in four districts: general industrial, restricted indus- <br />trial, general commercial, and agricultural. But the section on "saw- <br />mills, mining, and quarrying activities" also states that the area in <br />which such ~es are located shall be "sparsely developed and likely to <br />remain sparsely developed" during the anticipated period of opera- <br />tion. In practice, Henry says, the planning commission has followed <br />build-out projections in the 20-year plan in judging applications, <br />but the ordinance clearly "leaves a lot of room for interpretation." <br /> This is not a story about a jurisdiction that has resolved this <br />problem, but about an ongoing debate that will likely lead to a new <br />ordinance in the near future. Nashville's zoning, Henry says, has <br />not kept up with its growth, which obviously has been accompa~ . <br />hied by the growth ora major regional airport. Many fast-growing <br />areas are still classified agricultural. The airport authority, Henry <br />notes, tried to find a new location for Hoover within its land <br />holdings but chose not to make the main alternative available <br />because of concerns that it might conflict with future airport plans. <br />The Board of Zoning Appeals, which rules on the planning <br />commission's recommendations, has rejected two other county sites <br />Hoover has proposed. In both cases, the proposed quarry conflicted <br />with-anticipated residential and commercial growth. <br /> At present, a draft ordinance requested by one metropolitan <br />council member is undergoing legal review. It would specify <br />density criteria for areas eligible to host a quarry. The proposed <br />standard sets amaximum average of 450 dwelling units per <br />square mile within a one-mile radius of the proposed quarry, <br />m~ne, or sawmill. It would limit conditional use permits for <br />quarry operations to five years and require a traffic plan for <br />distribution and delivery routes. Although it would require <br />compliance with state and federal codes pertaining to mining <br />nuisances such as blasting, noise, and vibrations, Henry notes <br /> <br /> <br />