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Gravel Pit
7/28/2009

Versions vary on impact of gravel mining pit

By Billy Davis

Panola County supervisors, convening in Batesville Monday, witnessed a display of starkly conflicting views, testimonies and evidence regarding a proposed mining operation in the Eureka community.

The county board heard a public appeal from Memphis Stone and Gravel Co., which had failed to receive a special exception permit from the Panola County Land Development Commission.

Supervisors did not make a decision on overturning the land commission. 

A board motion from Supervisor Bubba Waldrup, which passed unanimously, announced they would resume the topic at the Second District meeting in August. That meeting is set for August 10 in Batesville.

Memphis Stone attorney Pat Lancaster, speaking first, reiterated his client’s past assurances that stipulations of operating hours and hauling routes, and requirements for berms and fencing, would be followed.

Regarding the operating hours, Lancaster announced the Eureka site would begin selling its materials at 7:30 a.m. during the school year, though the attorney indicated the mine itself would crank to life each morning before that time.

The gravel trucks would not be allowed to load before 7:30, he said.

Memphis Stone vice president Alan Parks also announced that the company would initiate a “good neighbor trucking policy,” meant to calm fears of speeding gravel trucks along hilly Good Hope Road.

The policy states, in part, that trucks would be required to drive five miles below the posted speed limit.

Parks also explained that a small portion of land in Panola County is suitable for gravel mining, and the proposed site is among the best site of 25,000 acres in the county that have been drilled and tested.

Supervisors also heard from Lim Couch, a DeSoto County resident who said he, too, was concerned when Memphis Stone opened a mining operation near his home.

“They did what they said they were going to do,” Couch told supervisors.

But Senatobia attorney John Lamar, hired by Eureka residents to fight the mining plan, zeroed in on Panola County’s zoning rules that regulate the appropriate use of land zoned agricultural.

“The question to consider is if your land use commission got it right,” Lamar said. “Did they do the right thing?”

According to Lamar, the land commission acted appropriately after it weighed Memphis Stone’s plans against concerns that are addressed when an applicant files for a special exception permits.

Traffic safety, and a change in the character of the neighborhood, are among several concerns that were noted by the land commission, he said.

“Mossy Oak subdivision backs up to the property,” Lamar said. “The property line is 90 feet from one residence.”

Lamar also alleged that Memphis Stone has failed to abide by several stipulations made by Tate County supervisors for a mining operation in that county. The company has failed to maintain a county road and failed to build adequate berms around the mining site, the attorney said.

Lamar submitted a 1999 board order from Tate County supervisors, and photos showing the condition of the county road, as exhibits.

Supervisors also heard from county planner Sam Russell, who testified that the mining operation would conflict with the county’s stated zoning plans.

Lamar concluded with testimony from Mossy Oak resident James Wright, whose home is located along Eureka Road.

Wright said he was undecided about speaking against Memphis Stone because he and his family are longtime friends with Lamar “Boss” Johnson, one of two landowners who own the property sought by the company.

Johnson once helped Wright’s mother find a place to live, and Wright’s mother had urged Wright to stay quiet, he said.

“But I kept asking myself what if a family member is killed by a gravel truck and I didn’t say anything,” Wright said.

“I hope Lamar Johnson forgives me, but I’ve got a family to look after,” he added.

Lancaster, allowed to rebut Lamar and his witnesses, told supervisors that Wright’s “what if” description of an automobile accident was “inappropriate.”



Visitor Comments
 
Submitted By: jbroni Submitted: 7/28/2009
Its not if an accident happens it is when and how bad. I have seen those trucks fly and pass drivers up and down the backroads in Tate County. I had a girlfriend that almost died from a gravel truck crash in Tate County. She stopped on the back side of a hill to make a left turn and a loaded gravel truck came over the hill and ran her over and pushed the car off the highway. Those back roads are not meant for the gravel trucks...


Submitted By: jimmy Submitted: 7/28/2009
If there is an accident on Good Hope is it OK for us to file a suit against the county to the fullest amount possible? If the county can say Yes to this question then go ahead and allow them to mine. I would like to know what the track record is on the drivers of those gravel trucks, How many speeding tickets, Accidents, etc. This will tell you what your looking at on Good Hope...


Submitted By: carolyn kilgore Submitted: 7/28/2009
I have been keeping up with this "project" from the start. The gravel trucks and their drivers are being convicted before they get a chance tospeak. My husband owned and operated gravel trucks 25 years , and never got a ticket or had a wreck. Don't you people want them to be treated as you want to be? They aren't the only ones that have wrecks as you all know. The landowners want to make living just like you all do. Thanks !


Submitted By: Submitted: 7/29/2009
Not only will the trucks tear the roads to pieces the gravel pit alone will make life in a quite place noisey. I work at a gravel pit so I know. Back up alarms sounding, equipment roaring, dust flying, destruction of the beautiful land, just to make a dollar. Memphis Stone tells the county what they want to hear, and once they start digging they do what they want to. They will not keep the road in good shape,go look at the hogfoot road in Tate county.


Submitted By: UNKNOWN Submitted: 7/29/2009
WELL FOR ONE THING ALL THIS BOILS DOWN TO IS THAT EVERYONE IS JEALOUS OVER THE WHOLE DEAL!!!!IF YOU COULD GET MILLIONS FOR GRAVEL DON'T YOU THINK THAT YOU WOULD BE TRY TO AS WELL....THATS WHAT I THOUGHT!!!!BUT INSTEAD PEOPLE WANT TO CAUSE A BIG STINK OVER ROADS, DUST, OR EVEN WRECKS..IF ITS YOUR TIME TO GO YOU WILL GO WHENEVER HE IS READY FOR YOU TO GO AND WHEREVER YOU ARE WHETHER IT BE BY A GRAVEL TRUCK OR A HEART ATTACK. THERE IS NO NEED ON TRYING TO BLAME THIS ON THE DANGER OF 18 WHEELERS CAUSE THEY ARE EVERYWHERE!!!!


Submitted By: jean Submitted: 7/29/2009
To the person referring to Eureka Road residents being hill billy rednecks, I would like their definition of this comment. It was most a demeaning statement and we don't appreciate being referred to as such. All residents are concerned about our quality of life.


Submitted By: Max Submitted: 7/29/2009
Reply to Unknown's "IF ITS YOUR TIME TO GO YOU WILL GO WHENEVER HE IS READY FOR YOU TO GO AND WHEREVER YOU ARE WHETHER IT BE BY A GRAVEL TRUCK OR A HEART ATTACK." To say that NO ONE can hasten the day of death has been around awhile, but that doesn't make it true. The person who wilfully does things to harm or cause death cannot be attributed to God, if it is in the Bible, please let me know where God said it!


Submitted By: John Submitted: 7/29/2009
To the UNKNOWN screamer: (1) What is your second point? (2) Have you ever lived next door to a mining operation, or a pig farm, or another type of heavy equipment operation? (3) Zoning laws/codes/regulations have been implemented for a purpose. This situation is a prime example. (4) Some may be jealous, that doesn't invalidate the other reasons for opposition. (5) If you don't think that the maintenance of and the safety on public roads are a valid concern, please don't run for any kind of public office or serve upon any "community-betterment" board.


Submitted By: Submitted: 7/29/2009
I think jealousy is the main problem here. There is not a single person that is fighting against this gravel that would not try to cash in on this if they discovered their land was worth a million dollars


Submitted By: Stumpy Submitted: 7/29/2009
Billy Davis....tell the truth. You live in the Eureka community and have already made up your mind. You are not an unbiased reporter in this instance. If you want a real story, ask Pee Wee Johnson (one of the ringleaders of the opposition) & supervisor Kelly Morris if they have ever had their land drilled in exploration for gravel, because the word is that they have. Ask them how they planned to get the gravel off of their land without the same problems they are now opposing. That'd be an interesting interview. As another poster put it, this is about jealousy. Go see the mine on Hwy 35 and see if they have any of the problems exagerated by this opposition. If land value and home prices are going to decrease as the opposition has exagerated, ask them to explain the nice houses and developments on hwy 35 since that mine opened.


Submitted By: R A OWENS Submitted: 7/29/2009
I KEEP ASKING THE QUESTION, WHAT WILL THE WHOLE COUNTY BE OUT ON LEGAL FEES? WHEN THE COUNTY OVER RULES THE PLANNING COMMISSION, AND THE COUNTY TAKES CHARGE AND MEMPHIS STONE GETS THEIR LAWYERS AND BEGIN TO GO TO COURT. IT COULD COST PANOLA COUNTY $100,000, $200,000, OR EVEN $300,000 TO FIGHT THIS IN THE COURTS. THE COUNTY DOESN'T HAVE THAT KIND OF MONEY TO STAY IN COURT. MEMPHIS STONE WILL END UP WITH THE PROPERTY BECAUSE THEY HAVE DEEPER POCKETS THAN PANOLA COUNTY.


Submitted By: George Michael Bluth Submitted: 7/29/2009
Let's assume for a second this argument is all about zoning. If that's the case than the reason this land is zoned for agriculture is because when these zoning ordinances went into effect almost all property that was not on a major highway was zoned as agriculture. (This is because an agriculture zoning implies "currently undeveloped" and is the easiest to change to whatever it needs to be in the once the land is developed. For example, Mossy Oak Cove was probably zoned agriculture before it was changed to R-1.) Therefore, your argument stands that all undeveloped land is agriculture, and should therefore never be developed. These type of restrictions on the use of personal property will make it nearly impossible for any undeveloped part of the county to grow and prosper.


Submitted By: Concerned Submitted: 7/29/2009
To all people stating that jealousy is the issue here, I would like for you to tell me how you would feel if your child was riding a school bus on these routes. They addressed the issue of the morning pick-up but did not discuss the afternoon when the children get off the buses. Also, what if you lived close enough to have it connect with your property or could hear the rumbling of the mine day and night. What if you or a family member suffered from allergies, how would you feel about the dust? It is clear that alot of you that are doing all the talking have never been faced with this type of issue before. Don't judge the people of the Eureka Community until you are in their position. I think all of us talk to much when it pertains to someone else and it is always different when it effects us directly.


Submitted By: Eureka Rd. Resident Submitted: 7/30/2009
In regards to the unknown screamer, next time you are behind a gravel truck and get a crack in your windshield from it throwing up gravel remember what you said. I hope you have good vehicle insurance because you can bet Memphis Stone will not pay for it. As for jealousy..it sounds like you are the one feeling that way...do you even live out here, do you have land that's been in your family for generations to be passed down to your children or grandchildren? It is not about the money at all for our community, it is about the quality of life and being able to leave something for our families.


Submitted By: Submitted: 7/30/2009
i think you all are persecuting these truck drivers before you ever know them. Are you saying that everyone of the residents of the Eureka Road community law abiders? Do any of who speed, drink wreckless, text, talk on the phone, put on makeup or do your hair while driving down Eureka, Good Hope or Mt. Olivet road? Not to mention the ones of you who might even have an "adult beverage" in town and drive home. I believe you should check the statistics more people are killed in automobile accidents that do not include trucks. Also, to the Eureka Rd. resident you need to study the law rocks thrown up from the roadway is considered "road hazards" the truck driver, owner or gravel company is not responsible. Think about it this way, every industry in Batesville or Panola County is located on what was once "rural property" that took away from what someone was planning to pass on down to their family. I bet you are proud that happened too beacuse now you have a job. This county needs the jobs, shut your mouths and let it continue on.


Submitted By: Aussie Mom Submitted: 7/30/2009
While I do not reside in the Eureka community I have to side with those that do. I fought a sell of land in my area to an Asphalt Plant and guess I know how these residents feel. When you move to the country you want country slow paced, easy living, clean clear breathing space for you and your loved ones or you wouldn't have invested your hard earned money. If that is interrupted by anything like a mining operation or other industrial operation you feel like what you worked for and whatever reasons you wanted it are tossed aside for profit by another neighbor who apparently will not feel the same type of injustice. I think that's what it all boils down to and for various reasons by the residents. And if you wanted to sell out to go find similar country living you feel like now your property really isn't that enticing for someone to buy. I think it's that proverbial rock and hard place so many talk about.


Submitted By: TAXPAYER Submitted: 7/30/2009
TO RA OWENS THE TAXPAYERS IN PANOLA COUNTY WON'T BE FOOTING THE BILL FOR LAWYERS IF IT GOES TO COURT IT WILL BE THE PEOPLE IN EUREKA THE ONES THAT ARE FIGHTING IT THE ONES THAT HIRED THE LAWYER TO REPISENT THEM


Submitted By: milton Submitted: 7/30/2009
I would love to hear from some of the residents in Sherwood Forest, Edgerwood and the other nice homes on Hwy 35. I rode through there just yesterday and the area has not become the dust-filled wasteland that many are predicting for the Eureka community. It seemed peaceful and quiet, as far as state hiways go, there was a berm with Leland cypress planted, a couple of signs indicating to slow and watch for turning trucks, and a driveway size opening where you could tell that there was some sort of mining operation. No broken down trucks, no destroyed roads, just a mixed-use area where community and commerce are able to coexist


Submitted By: Hwy 35 resident Submitted: 7/31/2009
Just to give some perspective on the Hwy 35 gravel pit. I live down hwy 35 and pass the gravel pit 2-3 times per day. The trucks are parked there at or before 5:30 every morning with their engines runnings. Memphis stone may not open the pit until after buses run. But that does not stop the gravel trucks from parking and waiting. Memphis stone moved the entrance gate further back so that the trucks are not parked on the side of the road, but now just more trucks show up. They get paid per load, so the earlier they are there the more loads they can get per day. The trucks also do not pay attention to the stop sign leaving the gravel pit or cars coming down the highway. They will pull out right in front of you and it will take them 1/2 mile before they can get up to 50mph because of the full load. I have had it happen to me many times. I also have seen people try to pass the trucks when they pull out in front of them and a wreck almost occurs because you cannot see over the curve of the road. I also have friends that live across the road from the pit and when I am over there on the weekend you can hear all kinds of noise from the machinery and it starts around 7am. The county can have Memphis stone do all sorts of things to improve the situation, but they cannot control the many trucking companies that run up and down the road.


Submitted By: Ms. Ellie Submitted: 8/9/2009
In answer to the comment about residents being a "bunch of country hilly billy redneck hicks", I'd like to take this opportunity to correct your statement, I am not a "hilly billy redneck hick"! I am a HILL billy redneck hick and I enjoy my way of life just as much as you do being a money hungry agitator who puts the dollar sign above and before the quality of life in your community and concern and respect for your neighbors.


Submitted By: Ms. Ellie Submitted: 8/9/2009
It's depressing to know that so many feel that money is thought to be the driving force behind all actions taken by everyone. That may be the case in some social circles, but to the dismay of said social circles, this is not always the case. The word "jealousy" has been used to describe those of us who are against this mining operation. I know myself and my emotions very well, I've contended with them for years. I'm absolutely sure that I am not jealous of someone else's financial gain. However, I do feel that jealousy is felt by those who are pushing this issue because they need financial security to end their jealous feelings for those who already have more money than them. Obviously, the "pro-gravel pit" people are jealous of someone since they are so adamant about pushing this thing through. Money is the issue, but money isn't nearly the concern of "anti-gravel pit" enthusiasts as it is the people who are wanting the mining operation. I am sure of one thing, I'm thankful that jealousy and "more money" isn't the driving force in my life. I know if they were, life would be miserable for me. If my family members and my friends are healthy and safe, and I have a place to live and food to eat and a job to keep those blessings for me, then jealousy is not what I am feeling for those who have to make a "million" to be happy.




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