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Summary of December 1, 2005 Zoning Hearing Board Meeting
 
 

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.

Gibraltar Rock’s witness was D. Bruce Turner, Sr. Technical Assistant with Trinity Consultants of Chapel Hill, N.C.

Mr. Harris, attorney for GRI, brought to the attention of the zoning board three issues: The first dealt with the calculation of number of trucks/hour.  In Table B-1 total number of trips per hour is 46.5.  The "product" is prepared over 16 hours, but shipped over 24 hours.  Second, when Turner checked his calculations regarding dust dispersion over Hoffmansville Rd., it appears that the most dust is not near Hoffmansville Rd., but near uninhabited sections of the proposed quarry (didn't you just know that would be the finding?).  And, third, overall, there will not by much dust at this quarry site so we (those who live in the township) don't have to worry about it.

Following this rousing good news, the floor was open for cross-examination.  Mr. Bob Brant, attorney representing New Hanover Township asked the board to allow Mr. Roger Buchanan, President of the Paradise Watchdogs, to be the first person to cross examine Mr. Turner.  Mr. Buchanan spent the next 2 1/2 hours cross examining Turner.  The following is a transcript of his questions and Turner's responses. 

 

Note: 

In the following "B" represents questions by Mr. Roger Buchanan, President of the Paradise Watchdogs and "T" represents responses, and sometimes answers by GRI witness D. Bruce Turner. 

 
  1. B: Document A-146 was introduced by Gibraltar Rock and presented to this zoning Board on November 3, 2005.  Mr. Turner, Are you, on behalf of Trinity Consultants, the author of A-146?  T: I am a joint author with two other people from Kansas City office.  With input from another person outside his firm.

  2. B: Do you regard yourself as a competent scientist in your profession?  T: Yes

  3. B: Would you classify A-146 as a scientific report consistent with the scientific method? T: Yes

  4. B: As a published scientist, Mr. Turner, is it your understanding that a scientific report can only be regarded as valid when it can be replicated? T: Yes

  5. B: As a scientist are you willing to have your document, A-146, scrutinized in the way that scientific documents are normally reviewed? T: Yes

  6. B: If your document A-146 is ambiguous, unclear, lacks precision or is confusing so as to make it impossible to replicate, would that be reason for your document to be rejected? T: It would however, all of the data used in making calculation have been furnished on a CD.  Can’t figure why there might be any ambiguity.  Yes reject.

  7. B: If your document A-146 is inconsistent or contradicts itself, or if it has data that is at odds with itself, would that be reason for your document to be rejected? T: Yes, I believe it would.

  8. B: If your document A-146 has input data in one part of the report that is at odds with input data in another part of the report would that be reason for your document to be rejected?  T: Yes

  9. If your document A-146 has production data in one part of the report that is at odds with production data in another part of the report, that would be reason for your document to be rejected?  T: No – without clarification. The production data was much higher production rates than what is shown elsewhere.

  10. B:  If your document A-146 contains a statement of fact that can not be verified, would that be reason for your document to be rejected?   T: Perhaps so.

  11. B: If your document A-146 lacks essential information so that it can not be replicated, would that be reason for your document to be rejected?  T: No, impossible to give all of the input data for the modeling in the document.  All data is on the CD.

  12. B:  If your document A-146 has arbitrary data as a replacement for normal calculations, would that be reason for your document to be rejected?  T: Mr. Harris objected.

  13. B: Did Gibraltar Rock review A-146 prior to the presentation on November 3rd?  T: Yes, a representative of GRI.  B: On page A-3, are you telling us that it took your fairly powerful computer 870 hours of computing time to complete this study and prepare this document?  T: If that’s what it says. 870 hours.

  14. B:  Did you program your computer to ignore arithmetic mistakes? T: No.

  15. B: Did  you program your computer to ignore data that is at odds with itself? T: No, I don’t think there would be data at odds with itself.

  16. B: How many hours of programming was required?  T: None, in the modeling.  Preparation of the run stream or input took time. That would be on the order of 6-8 hours (run 1).

  17. B:  Did you do all the programming or was it assigned to an associate?  T:  No, co-authors did the computer runs.

  18. B:  With all of that computation taking place is it still true that garbage in is garbage out?  T: Yes

  19. B:  What did it cost Gibraltar Rock for the programming time and the 870 hours of computer time?  T: Unable to answer that, as both KC and himself submit time and does billing. B: Are you confident that A-146 is accurate, internally consistent and free of errors?  T: Yes.

  20. B:  Is Gibraltar Rock confident that A-146 is accurate, internally consistent, is free of errors and correctly represents their business plan and operation?  Harris: Objection – He can’t speak for that. I regard them as accurate, based on what he got from GRI.

  21. B: Have you compared A-146 for consistency with the application made by Gibraltar Rock to DEP for a noncoal mining permit?  T: No.

  22. B: Have you compared A-146 with the revisions, the correspondence and the conditions attached to the Gibraltar Rock application, and the DEP approval, and did you find A-146 consistent with these other documents?  T: No.

  23. B: Are there any statements in A-146 that are at odds with a corresponding statement in any of the documents pertaining to the Gibraltar Rock application?  Harris: Objection – I don’t have the knowledge of any documents.

  24. B:  Do any of the statements in A-146 suggest that Gibraltar Rock needs to modify its agreements and understandings with DEP?  T: We did propose some changes – I don’t know if these have been incorporated.

  25. B:  Since A-146 is the most recent document submitted to this board, does it supersedes all previous documents submitted to this zoning hearing board?  T: Well, let me attempt to answer. We submitted a previous report that the conclusion were correct, I would view A146 as an appendix. It doesn’t supercede it. 

  26. B: Is the equipment used for the quarry operations and processing described in A-146 the same as the equipment inventory previously submitted to this zoning hearing board?  T: No, I don’t believe so. The equipment may be the same but the calculations of emissions might have changed.

  27. B:  Do the crushing and screening operations referred to in A-46 represent the same size and quantity as the crushers and screens previously described and submitted to this zoning hearing board?  T: I don’t know.

  28. B: Are the stockpile numbers and sizes and the loadout areas in A-146 the same as previously submitted to this zoning hearing board?  T: I don’t know.

  29. B: Is the truck traffic essential for the operations described in A-146 consistent with the truck traffic data previously submitted to this zoning hearing board?  T: Probably not.  B: Does this document supercede the exhibits and information we’ve already received?  T: Yes, in my opinion it probably would.

  30. B: Are the hours of operation as set forth in A-146 the same hours of operation previously submitted to this zoning hearing board?  T: I don’t know.  What is in report are estimations of hours of operation that GRI has looked at and said that’s the way they intended to operate.

  31. B: Will the noise level associated with activities described in A-146 be within the noise limits established by the ordinances of New Hanover Township?  T: I’m not a noise expert.

  32. B: Is the mining plan in A-146 consistent with previously submitted mining plans?  T:  I don’t know.

  33. Are we to assume that if any discrepancies are found in the future, A-146 will supersede all previous documents?  T:  I don’t know.

  34. B:  On page 1, lines 4, do you see the phrase: “annual throughput rates”?  T: Yes

  35. B: On page 1, line 8 do you see the words: “operating at the modeled capacity”?  T:  Yes.

  36. B: Does the phrase “annual throughput rate” mean the same as “operating at the modeled capacity”?  T: No – It would mean the same for annual estimate of concentrations, but operating at modeled capacity would be different, because we are assuming maximum operation.  Modeling was done for 2 periods and attempts were made for five years of PM10, also modeling was done to make an estimate of second high 24 hour concentration for modeling each day of the year. Emissions were much higher rates for year as a whole. Emissions for 24 hr. were highest rates, not related to annual operation.

  37. B:  What do you mean when you use the words: “annual throughput rates.”?  T: The rates on an annual basis for different equipment. It is same for addressing the annual concentration.

  38. B:  On page 25, second paragraph, do you see the words:  “maximum hourly or annual production”?  T:  Yes.

  39. B: When you write on page 25: “maximum hourly or annual production” are you referencing two different measures or are they the same thing?  T: Two different measures. Hourly will give higher number because you’re using highest rate for 24 hour period.  Two different computations.

  40. B: If we took the maximum hourly production times the number of working hours in a year, would the result be annual production?  T: No.

  41. B: On page 25 do you see the words: “maximum potential throughput” in three places, paragraph 3, 4 & 5?.  T: Yes.

  42. B: Is “maximum potential throughput” for a year computed by taking the design hourly capacity of a process in question, times the number of working hours in a year?  T: No.  Buchanan: What is it then?  Turner: Max Potential Throughput, would result in highest emission rates for that piece of equipment. So, yes your statement would be true. To compute it we have to look at the time period. The MPT for 24 hr. period would be what you are saying, but on annual basis, you could get a MPT by doing what you say…Yes, you could obtain a figure that would represent that.

  43. B:  Is the “maximum potential throughput” as used on page 25 the same as “operating at the modeled capacity” as used on page 1?  T: No.

  44. B:  Help me understand “maximum potential throughput.”  On page 41, Table 2-27, column 4, line 9, the daily throughput rate for concrete is listed as 4,320 yds.  Is the maximum potential throughput computed by taking the daily throughput rate of 4,320 times 6 to give us a weekly throughput rate and that number time 52 to give us an annual throughput rate?  T: No.   Buchanan: why not?  Turner: Annual considers those periods when asphalt production is done at a lower level.  Yes, you are right again.

  45. B:  Is the maximum potential throughput for concrete 1,347,840 cu. yds.?  T:  True.

  46. B:  What is the modeled capacity for concrete?  T: Two levels – one 24 hours and other is much lower emission number for annual modeled throughput based on operating at lower levels. 

  47. B:  Lets go back to page 25.  Why are the emission rates calculated on the maximum potential throughput and not on modeled capacity?  T: Because the emission rates on MPT is for the very highest possible emission rate. Now that value is used for peak hours not for all hours.  I think they are based on both---we’re talking about two different things. 

  48. B:  Are the emission rates higher or lower when emissions are calculated on the maximum potential throughput rather than the modeled capacity?  T: It's higher for MPT.

  49. B:  If the emission rates as discussed on page 25 were calculated on the modeled capacity would they be higher or lower?  T:  I’m not sure the exact meaning of “modeled capacity” I think it means the restricted hours of operation.”  I think the answer is lower.

  50. B: What is the total projected annual tonnage of rock produced, sold as rock, and used internally for asphalt and concrete?  T: I believe it’s given on Table B-1.  300,000 tons of stone shipped to customers and I believe in terms of maximizing our estimates we did not subtract from that the stone used in production of asphalt and concrete.  But we included the stone in calculating.  Buchanan asks the question again:  Turner I believe it is 300,000 tons. I’m not positive.  Buchanan: Look again, isn’t it 500,000?  I believe you are correct, 500,000 tons.

  51. B: What is the total projected annual tonnage of rock to be sold as rock? T: 300,000 tons I believe.

  52. B: What is the total projected annual tonnage of rock to be sold as asphalt?  T: 105,000 tons.  Buchanan tells him that 5,000 is rock and 100,000 is asphalt.

  53. B:  What is the total projected annual tonnage of rock to be sold as concrete?  T: I don’t know.  Buchanan says, “By deduction it should be 100,000. You have to realize my expertise is in dispersion not the operation of quarries.  Buchanan: I’m not concerned about your profession; I’m concerned about your document.

  54. B: Will you explain from page 1 the phrase: “operating at the modeled capacity.”?  T: On annual basis they would be.

  55. B: Are you telling us that the quarry will not operate in excess of the modeled capacity?  T: Don’t know.

  56. B: Are there any assurances that production will not exceed modeled capacity?  T:  I would assume that state of Pa will take that in to consideration.

  57. B:  How does modeled capacity compare to annual production and annual throughput?  T:  Modeled capacity for annual basis when you sum various production rates over whatever scheduling, would come up to the same numbers: Annual Throughput results in annual production.

  58. B: Will there be any community notification or alerts that production is exceeding modeled capacity?  T: I don’t know.

  59. B: Is the phrase “operating at the modeled capacity” a statement about hourly, daily, weekly or annual operations?  T: Refers to whatever it included where it is used. 

  60. B: What is the calculation by which the hourly tonnage can be computed if the annual tonnage is given?  T:  I don’t believe it can. Hourly values for the annual concentration estimates could be obtained to the values you specified. The hourly values for 24 hour periods looking at maximum possible could not be obtained from annual values.  Buchanan re-asks the question.  Turner: It can’t be done for purposes of the report.  Also, it depends on what you mean by hourly.  Buchanan: Table 2-27. If we knew hours per day and annual throughput could we get hourly throughput.  Turner: I don’t think so…I’m not sure if the numbers on the table can be calculated.

  61. B: What is the calculation by which the annual tonnage can be computed if the hourly tonnage is given?  T: The annual is based on a starting point.  I don’t think it can be.

  62. B:  Is this calculation consistently applied throughout A-146?  Harris: Objection.

  63. B: What is the relationship between production and emissions?  T: Emission factor times production rate will give you emissions for the short time period (mostly on an hourly basis).

  64. B: Is there a point at which actual production would result in air quality that does not meet NAAQS or deposition that does not meet PASAAQS?  T: I’m sure that there is.

  65. B: Can you give us the production threshold that will lead to air that exceeds either Standard?  T: No I cannot, that figure would be based on all of the different sources, which could be different rates.

  66. B: On page 9, line 3, do you see the sentence, “The annual emissions are calculated based on the annual production of the proposed plant, accounting for plant hours of operation.”?  T: Yes.

  67. B: Where do we find the annual production of the proposed plant?  T: In the table we were looking at.

  68. B:  How do the final six words of that sentence, the words after the comma, change the meaning of the sentence?  T: For stone hauled and the overburden, those are 12 hours a day, the others are 24 hour a day operation.

  69. B:  Are you telling us on page 24 that product loadout onto customer trucks occur 24 hours per day?  T: Yes, I believe so.

  70. B:  Are you telling us on page 24 that product loadout onto customer trucks is the only activity that operates 24 hours per day?  T: No. There are other things. Activities in both pits, south pit is 24 hours per day. The two operations in south pit are wind erosion and truck traffic.  That paragraph is only talking about the pits.

  71. B: On page 24, last paragraph, do you see the sentence, “The remaining operations in the south pit operate 12 hours per day, 6 days per week.”?  T: Yes.

  72. B: Do the words, “The remaining” on page 24 refer to all quarry activities, all ready-mix concrete activities and all asphalt plant activities except product loadout on to customer trucks?  T: Oh no. These are the activities in the pit not the rest of the quarry. Buchanan: “The remaining”.  The other things.  I’m trying to see if it’s broken down.  It’s B-6.  There a number of activities, wet drilling, blasting of over burden. I can’t readily tell you what they all are.

  73. B: Are you telling us on page 24 that with the exception of customer truck loading all other activities in both the South and North pit will be conducted during the 12 hour period from 6:00 to 6:00, 6 days a week?  T: Yes.

  74. B:  On page 36, sec 2.2.9, item 3, do you state that all of the activities downwind of the surge pile including the secondary and tertiary crushers will operate 16 hours from 6:00 a.m. to 10:00 p.m.?  T: Yes.

  75. B:  Do the 12 hours of operation as described on page 24 contradict the 16 hours of operation as stated on page 36?  T: That would depend on aggregate plant is in the pit or outside the pit. I don’t know that.

  76. B: On page 41, Table 2-27, you state in footnotes  2 & 3 that asphalt and concrete are produced 24 hours per day.  Does your statement here citing 24 hours per day contradict both the 12 hours you describe on page 24 and the 16 hours of production that you describe on page 36?  T: Correct. Absolutely not. If you examine each table in the report it’s clear.

  77. B:  As used on page 1, when you write “operating at the modeled capacity” do you means 12 hours, 16 hours or 24 hours per day?  T: Yes, depending on which activity.  12 hrs./day: loading, hauling, stone hauling, stone processing.  16 hr./day: wet drilling, blasting.

  78. B:  On page 41, Table 2-27, column 1 is labeled “Hourly Throughput Rate.”  Do these numbers also represent the modeled hourly throughput rate?  T: For the 24-hour basis.

  79. B:  Does column 1 also represent the capacity of each of the listed activities?  T:  Yes it does represent capacity

  80. B: What does column three tell us?  T:  It is telling us the assumptions for the high second high how many hours per day.

  81. B:  Column four is labeled: “Daily Throughput Rate.”  Do the numbers in column four – the Daily Throughput Rate - represent the Hourly Throughput Rate times the hours per day for each activity?  T:  It probably is, but I’m not positive about that.

  82. B: Column six is Annual Throughput Rate.  How did you arrive at the numbers in this column?  T: Based upon annual production rate of the entire quarry.  This is what is being produced for the year---some equipment will be used less.

  83. B: In Table 2-27, on line 2 you give us the Daily Throughput Rate for stone hauled as 12,000 tons.  What multiplier did you use to arrive at 1,000,000 tons for the annual throughput?  T: Didn’t. I started with a million tons

  84. B: Can we use for calculation purposes the number of working days in a year as 6 X 52 or 312?  T: Yes.

  85. B:  If the daily throughput is the hourly throughput rate times the hours per day, is the annual throughput the days worked in a year times the daily throughput?  T: No it is not

  86. B: A daily throughput of 12,000 tons per day times the number of working days is a year computes to an annual throughput of 3,744,000 tons per year.  Isn’t this the accurate number and not 1,000,000 tons as you have reported on Table 2-27, line 2, column 6?  T:  Not operating at full capacity.

  87. B: Isn’t 1,000,000 tons an arbitrary number unrelated to normal calculations?  T: 1 million is not arbitrary. It came from expected production of the quarry. Buchanan: I thought it was 500,000 tons. Turner: Oh I may be wrong.

  88. B: On page 41, Table 2-27, line 3 you tell us that the Daily Throughput Rate for asphalt is 7,200 tons.  What multiplier did you use to yield 105,000 tons for the annual throughput?  T: Yes.

  89. B: Where did you get that multiplier?  T: No relationship there.

  90. B:  With reference to Table 2-27 are you telling us that stone hauled in both pits = stone processed in both pits?  T:  Yes.

  91. B: So, are you telling us that if the stone is processed, it is hauled?  T: Yes.

  92. B:  Don’t you tell us in Table 2-27, line 5, column 4 that 12,000 tons is processed in both pits and don’t you tell us on line 7, column 4 that 8,000 tons of stone are shipped?  T: That’s an assumption of the maximum.  Not a contradiction because we know where the shipment is taking place. 12,000 tons are not actually processed, but what are processed.  Buchanan: You put qualifiers in your comment. Where are they in the document? Turner: Qualifiers are not there or they are not clear.

  93. B: Are you making two statements that contradict each other; one being that stone processed is stone hauled and the other statement being that 12,000 tons is processed and 8,000 tons are shipped?  T: It appears to be a conflict.

  94. B: You write in Table 2-27 that the stone processed in the processing area is 8,880 tons.  What multiplier did you use to take the daily rate of 8,880 tons and then arrive at 500,000 tons annually?  T: Yes.

  95. B:  Where did you get that multiplier?  T:  No multiplier.

  96. B:  On line 7 you show 8,000 tons as the daily throughput and 300,000 tons as the annual throughput.  What multiplier did you use?  T:  True.

  97. B:  On line 7 you show 333 ton of stone shipped per hour.  But you also state in the line just above 333 tons that you processed 370 tons in the same period of time.  What happened to the other 37 ton that were not shipped?  T:  Assuming it is used in asphalt and concrete.

  98. B:  In addition to the 370 tons per hour produced in the processing area as you state on line 6 of Table 2-27, do you also show on page 4 two profiles totaling 130 tons per hour that do not go through the processing area?  T:  Yes.

  99. B:  Do you also show on page 5 an additional 130 tons per hour that do not go through the processing area?  T: That looks like it’s going through secondary screening.  I believe you are correct.

  100. B:  Are you telling us on page 4 and page 5 that both the South pit and the North pit accumulate in stockpiles 130 tons per hour or 260 tons per hour for both pits for 12 hours?  T:  Each pit when operable produces 130 tons. For both pits operating simultaneously over twelve hours. Yes it appears to be incorrect.

  101. B:  With reference to page 41, footnote 1 of Table 2-27, why do you show 16 hours in parenthesis when on column 3 line 7 the number is 24 hours?  T: Because it’s the exception.  

  102. B:  Does your arithmetic in footnote 1 tell us that 500 tons are produced each hour for 16 hours and yields 8,000 tons per day?  T: Yes.

  103. B:  How do you arrive at 500 tons per hour when the processing area yields 370 tons per hour and, as we have just reviewed, another 260 tons per hour are stockpiled ahead of the processing area?  T: I believe the 370 results from splitting the 500 ton stream into two pieces.  130 tons pass to pile 3 and loader.

  104. B:  If the processing area produces 370 tons per hour for 24 hours as in line 6 of Table 2-27, and the preprocessing area stockpiles 260 tons per hour for 12 hours, what is the total tons of stone shipped in 24 hours?  T: I don’t know.

  105. B: How did you compute your answer?  T:  500,000 divided by 12,000

  106. B:  If this quarry has the capacity to produce asphalt at 7,200 tons per day as per Table 2-27, line three column four, how many days will it take to produce 105,000 tons?  T:  14, 16 days

  107. B: When operated at the stated capacity of 4,320 yds. of concrete per day, as per Table 2-27, line nine, column four, how many days will it take to produce the desired capacity of 50,000 yds.? T: 12, 13.

  108. B:  Table 2-27 indicates that the stone processed in the processing area is at the rate of 370 TPH, is that the same 370 TPH as shown as input in the processing area on page 6?  T: I do not know. You’re probably right.

  109. B:  Is there only one processing area so that the total processing capacity of the proposed Gibraltar Rock quarry is 370 TPH?  T: Yes.

  110. B:  Is the processing area in the South pit and not the North pit?  T: Not in pits

  111. B:  Do you tell us in Table 2-27 that the daily throughput for the processing area is 8,880 tons?  T: Yes

  112. B:  Is 8,880 tons per day the product of 370 TPH times 24 hours?  T: Yes.

  113. B:  But, don’t you tell us on page 24 that the South pit operate 12 hours per day, 6 days per week?  T: Yes, I don’t have a ready explanation for that.

  114. B:  In Table 2-27 the following activities are 24 hours per day, asphalt produced and asphalt shipped, concrete produced and concrete shipped, stone processed in the processing area and stone shipped.  24 hours per day is the multiplier in 6 calculations.  Is this a direct contradiction of the statement on page 24 that “The remaining operations in the south pit operate 12 hours per day.”?  T: On table 2-27

The meeting ended.  The next scheduled meeting, which will continue the cross examination of Mr. Turner will be January 5, 2006---three years AFTER Gibraltar Rock expected to open this proposed quarry.

 

This page was last updated December 3, 2005.
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