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?

Mr. Skypala, attorney for the zoning hearing board announced at the beginning of the meeting that he and the zoning board had reviewed the briefs that Mr. Stephen Harris, attorney for Gibraltar Rock and Mr. Bob Brant, attorney for New Hanover Township had presented to the board concerning the issue surrounding the qualifications of Harris's witness Mr. William Potter of EarthRes Group.  He told those assembled that the witnesses testimony would be allowed, but that the zoning board would have to decide on the weight of the testimony.

Harris asked Potter to explain what he (Potter) had done concerning the Swann Oil property (not owned by Gibraltar Rock Inc., but boarding their properties and Rt. 663.  Potter explained that he did what is called a "file review," which consists of obtaining all of the DEP paperwork and then reading it.  The goal is to determine from what has already been written if the property had any environmental problems associated with it.

Potter found notes of inspections by DEP personnel. He also found reports on what remained in the oil tanks, reports on surface water, and lists of complaints. He also found that it appeared that the environmental problems on the site were not taken care of properly.  He also found that there was evidence of contamination and oil spills and that DEP mentioned an oil spill that went into the surrounding stream, which travels onto the property owned by GRI, as it does into the streams which connect with creeks and streams outside of their property.  

The final thing that came out of this review is that GRI suspended looking at Swann/Good Oil area because it seemed to be contaminated and not open to mining.

Lawrence Sager, attorney for a local business began cross-examination.

Potter told Sager that he has no idea the extent of pollution that exists there today – has no idea. Can’t tell if there’s any oil underground. He can’t tell if the site needs any remediation. When Sager asked him if he ever told anyone that the property needed remediation, without himself ever stepping foot on the land he said he never did.  At this point Sager appeared to be incredulous and said that he wanted to show what this case is all about, that it’s really a sham. We all can't wait.

Sager asked Potter if anyone asked him to make an environmental assessment of the unnamed tributary and replied that no one did.  Potter told the board that it was groundwater pollution that caused him to suggest to GRI that they not buying the property.

Potter did say that GRI bought a piece of property next to the Swann tank farm without making any kind of assessment. But they did perform an assessment on the Swann property. Sager asked him if he knew if the aquifer that involves the Swann property also transverses the Silvi property.  Sager said that one would have to be concerned about the plume of how far the pollution may travel through the aquifer. Potter agreed.  Potter replied "no" when Sager asked him if anyone asked him to establish a monitoring well.

Sager drew out of Potter that in 2003, GRI was interested in purchasing the Swann oil property. They wanted to know if property was OK to mine or support.  But by 2003 the decision to not buy had been made.  The interest in 2005 is in explaining why they should not acquire the property.  

Sager formed a series of questions trying to establish a timeline of when Mr. Patangar of GRI asked Potter to perform his paper study of the property---was it before the property was mentioned in the zoning hearing or before---was it in 2004 or 2005. He answered that it was after they wanted to buy.

Sager will continue on November 3, 2005.