At a hearing held January 19, 2011, the WV Quarry Board affirmed WVDEP’s decision to renew a quarry permit held by Capitol Cement. See S&A Homes v. WVDEP, et al., Appeal No. 2010-18-SMB. The quarry dates to the 19th century, but is used to supply limestone to an adjacent state-of-the-art cement plant. The renewal was challenged by S&A, a home developer which acquired a nearby tract around 2002 and which has proven unable to sell many homes in a depressed market.
Among other things, S&A claimed that WVDEP failed to require more specificity in Capitol’s mining and reclamation plan as a condition of the renewal. The Quarry Board, which hears de novo challenges to permit decisions, granted summary judgment on several issues on grounds that the century-old quarry is grandfathered from the reclamation provisions of the West Virginia Quarry and Reclamation Act. It granted a directed verdict to WVDEP on the remaining claims at the end of S&A’s case. The Board has not yet entered a written order.
This article was authored by Robert G. McLusky, Jackson Kelly PLLC. For more information on the author see here.