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Note:
The following is not a verbatim transcript of the Zoning Hearing Board
meeting; it is simply one person’s summary of the major points made by
those involved in the hearing process.
For that reason, quotation marks are not used unless a direct quote
was recorded. For information
about obtaining an official ZHB transcript, contact the New Hanover Township
office.
What
is GR 2?
Note: Ms. Rebecca
Bell, the attorney who had previously represented the zoning hearing board
will no longer be involved in these proceedings.
Mr. Edward Skypala will now act as the zoning hearing board’s
attorney.
The entire three hour
evening ended with an incomplete cross examination of Douglas Rudenko, PG,
by Lawrence Sager, Esq. Mr. Rudenko, presented by Gibraltar Rock as an
expert in vibration and blasting, is vice President of Vibra-Tech of
Hazelton, PA. Mr. Sager represents Atomic Industries (AI), a
manufacturing firm sharing a property line that forms the western edge of
Gibraltar Rock.
Mr. Rudenko previously
presented testimony before the ZHB, and summaries of the earlier testimonies
were entered into the record by the attorney for Gibraltar Rock, Steve
Harris, Esq.
Mr. Sager established
several points in the course of his cross examination, namely:
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GR
2 changes things. A new signature blast is needed for the area
North of Hoffmansville Rd.
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Atomic
Industries is about 2,000 ft. from the quarry berm.
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While
Mr. Rudenko is a licensed blaster, he has not detonated explosives at a
quarry.
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Mr.
Rudenko only learned about Atomic Industries a week ago.
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Mr.
Rudenko testified that with modern technology Gibraltar Rock will comply
with state regulations, but he can not predict vibrations off site.
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Mr.
Rudenko is not familiar with Sec. 1507 of the New Hanover Zoning
Ordinance (pertaining to vibration ?).
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Mr.
Rudenko had either little, some, or substantial input in the writing of
Module 13/16, pertaining to blasting, as part of the Gibraltar Rock DEP
application. His input was either before or after his first
appearance before this Board. The Module states that the nearest
structure to be effected by blasting is 350 ft. away, but Mr. Rudenko
had no idea what that building might be.
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Mr.
Rudenko stressed the safety of buildings and structures, as per state
regulations. But Mr. Sager stressed the effects of blasting on
health, safety and welfare, items that are (evidently) not addressed in
the regulations and would not be protected by the state. Mr.
Rudenko would not assert that blasting will have no effect on health,
safety and welfare.
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Mr.
Rudenko has no knowledge of Atomic Industries’s manufacturing process.
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There
was discussion of PA Code, Title 25, sec. 77.564, par i. Mr.
Rudenko said that this provision protected the interest of Atomic Industries.
Sager disagreed.
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Blasting
will produce dust, but Mr. Rudenko had no opinion about dust, noise or
the impact of blasting on anything other than structures.
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Mr.
Rudenko had not looked at Sec. 1501 of the Twp Zoning Ordinance
pertaining to noise. At this point Mr. Harris interjected that the
noise issue was preempted by the state.
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Mr.
Rudenko is compensated at the rate of $100 per hour and has earned some
$6,000. before tonight.
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Each
blast makes available 20,000 tons of rock. Gibraltar Rock projects
a maximum of 500,000 tons per year, hence there will be blasting a
couple of times per week. (You do the math). Blasting will take
place between sunrise and sunset, as per the regulations, or between
8:00 a.m. and 4:00 p.m., as per the application. (Take your pick).
(It may be noted here that the hours for blasting at the Plumstead
quarry are between 9:00 and 3:00).
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Mr.
Rudenko stated that this is an Argillite formation.
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Mr.
Rudenko had no idea what explosives are going to be used, nor if they
are sensitive to radio transmission. He referred to Sherman Hays,
a firm that does blasting and was instrumental in developing a blasting
plan.
There
was a very interesting exchange between Harris and Sager at the end of the
meeting. Harris offered to have Mr. Rudenko visit Atomic Industries so
that he could offer reassurances with respect to vibration. Sager
declined.
This
incomplete cross examination will continue on July 15th.
Same time and place.
It
is suggested that citizens with a concern for blasting and vibration should
attend this meeting to cross examine Mr. Rudenko at the conclusion of Mr.
Sager’s carefully crafted set of questions.
The next GR 2 meeting is July 15, 2004 at the New Hanover Township Building, 7:00 PM.
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