Home   Gibraltar 2
Summary of June 17, 2004 Zoning Hearing Board Meeting
 
 

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:

  • GR 2 changes things.  A new signature blast is needed for the area North of Hoffmansville Rd.

  • Atomic Industries is about 2,000 ft. from the quarry berm.

  • While Mr. Rudenko is a licensed blaster, he has not detonated explosives at a quarry.

  • Mr. Rudenko only learned about Atomic Industries a week ago.

  • Mr. Rudenko testified that with modern technology Gibraltar Rock will comply with state regulations, but he can not predict vibrations off site.

  • Mr. Rudenko is not familiar with Sec. 1507 of the New Hanover Zoning Ordinance (pertaining to vibration ?).

  • 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.

  • 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.

  • Mr. Rudenko has no knowledge of Atomic Industries’s manufacturing process.

  • 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.

  • Blasting will produce dust, but Mr. Rudenko had no opinion about dust, noise or the impact of blasting on anything other than structures. 

  • 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.

  • Mr. Rudenko is compensated at the rate of $100 per hour and has earned some $6,000. before tonight.

  • 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).

  • Mr. Rudenko stated that this is an Argillite formation.

  • 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.  

 

This page was last updated June 30, 2004.
Paradise Watch Dogs
BAN the Quarry
P.O. Box 115
Frederick, PA  19435

Please e-mail your comments about this site to the webmaster.