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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 />
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