Land Commission

Published 12:00 am Friday, September 12, 2008

Commission tables action on controversial mining operation

By Billy Davis

After its July request for a zoning variance created a tussle among Batesville officials, Memphis Stone and Gravel found a lukewarm reception at the September 8 meeting of Panola County land commissioners.

Memphis Stone president Hal Williford and company geologist Alan Parks appeared Monday before the commission to request an expansion of the operation beyond a current tract approved in 2003.

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“This is the same operation as before. We’re just moving north,” Parks told the commission.

The newest aggregate mining operation would begin in about two years, he said.

During the public hearing, the commission heard from Parks and Williford, and then heard opposition from homeowners Scott and Mona Harrison. The Harrisons are challenging Batesville’s grant of a conditional use permit in circuit court.   

After the hearing, commissioners voted unanimously to table a decision until they can visit the site. Commissioner Danny Jones made the motion to table the matter, and commissioner Donna Traywick seconded.

Memphis Stone operates from leased property on Highway 35 South, near where some homeowners like the Harrisons live along the stretch of highway and object to the presence of the strip mining operation.

The Memphis-based company began its Highway 35 operation five years ago when land commissioners granted a special exception permit for the company. Most of the 65-acre property lies in the county, but a portion of the property – a total of 18 acres, Parks said Monday – is located inside the Batesville city limits.

The family-owned company mines materials that are used for construction work. It includes a sister company, Lehman-Roberts, that makes asphalt at a plant located west of Batesville.

The matter of permits spilled into Batesville City Hall in July, when aldermen voted 3-2 to allow a conditional use permit for Memphis Stone and Gravel. 

Batesville officials wrestled over the issue weeks later, when Alderman Stan Harrison – brother of Scott Harrison – made a motion to rescind the variance. Alderman Rufus Manley seconded, and the board split the vote 2-2 when aldermen Bill Dugger and Teddy Morrow objected to Harrison’s motion.

Mayor Jerry Autrey then split the tie by voting against Harrison’s motion. Alderman Bobbie Jean Pounders, who had cast an “aye” vote weeks earlier, was ill and unable to attend the meeting.

After Harrison’s motion was defeated, City of Batesville officials then tussled over eight “performance conditions” suggested by Harrison that were intended to closely regulate the mining operation. Some of those conditions were eventually passed: construction of berms, containment of dust, a 30-month completion date, and firm operating hours.

Alderman Harrison also sought and got a requirement that Memphis Stone could be fined as much as $5,000 for violating the conditions set by the City of Batesville.

At the commission meeting, Scott Harrison complained that commercial trucks idle in front of the closed plant as early as 5:30 a.m. to await entry into the facility.

“It’s as early as five o’clock,” added his wife.

Responding to that complaint, Williford told commissioners he doubted that vehicles line up at 5:30 since the gates open at 6 a.m. But commission chairman Danny Walker, who said he drives past the plant on his way to work, seconded the Harrisons’ claim.

“I go through there at 10 ‘til 6,” Walker said, describing a long line of trucks seeking to be “first in and first out.”

 “It’s not the safest situation,” Walker added, owing to the highway shoulder. 

Mined properties are often improved after the mining operation ends, a process known as “reclaiming,” and Parker said Monday the property would be “rolling terrain and a couple of lakes” when reclaimed.

But Scott Harrison questioned how Memphis Stone could improve the property, claiming that mining pits there are “500 feet deep.”

“What do you have to verify that?” a commissioner asked.

“My eyes,” replied Harrison, who came armed with photos of the pits that commissioners reviewed.

“The deepest we drill is 100 to 110 feet – max,” Parker replied. “There is material stockpiled there and I agree it looks very deep.”

After hearing differing accounts, commissioners agreed to visit the Highway 35 site and report their findings at the October meeting.