Citizens
of Elkhart and the
surrounding area have voiced
their concerns over the
placement of the disposal
unit. Concerns brought
forward included possible
toxicity in the fly ash,
which may contaminate water
and soil. Another major
concern was the future of
the area after the mine has
ceased production.
Chairman Doug Thompson read
a letter aloud from Guy
Fraker, an attorney who
could not attend the second
part of the hearing, but was
present at the first.
Fraker’s letter, which was
addressed to the Zoning
Office, stated that Fraker
is opposed to the land being
rezoned. Fraker cited the
historical significance of
the area and the aesthetics
of the Elkhart area as
reasons for not rezoning the
land in question. Fraker’s
letter also stated that the
issue here is not the safety
procedures of the mine, but
the suitability of the land
for the proposed use. “There
is no justification to
change to the proposed use,”
according to Fraker’s
letter.
Don Behle, an attorney
representing Elkhart, told
the audience that the
village of Elkhart has
signed a resolution opposing
the rezoning of the land.
Behle said the primary
reason stated in the
resolution was the close
proximity to the village
water supply.
Behle said the resolution
asks for three things.
First, the village asks that
the ZBA deny the rezoning.
Second, the resolution asks
that the County Board deny
the request. Third, the
County Board should have a
three-quarters vote to
approve the rezoning, should
they approve it.
Gillette Ransom, a resident
of Elkhart, spoke after
Behle. Ransom is one of the
founding members of the
Elkhart Historical Society,
and a former member of the
Tourism Board.
Ransom cited the various
tourism-centered activities
in Elkhart as reasons not to
rezone the land. “Elkhart
uses tourism as an economic
tool,” said Ransom. Ransom
said that tourists coming to
Elkhart will be turned away
by the presence of a coal
ash impoundment.
Ransom also said that the
Greenways Plan, adopted in
2006, provides a plan for
creating scenic, open areas
in the county that encourage
tourism. “The once scenic
by-way from Mount Pulaski to
Elkhart is now being framed
on the south side by mine
waste,” said Ransom. “If the
proposed expansion is
approved, it could not only
allow leeching of toxins
into the waterways and
ditches, but it will
eventually obscure the
magnificent view of Elkhart
Hill from the east.”
Whitney Pasquesi provided
printed studies to the ZBA.
The studies were written by
three groups: the Physicians
of America; the Prairie
Rivers Network; and the
Sierra Club. Pasquesi did
not make presentation on any
specific information found
in the studies. According to
Pasquesi, the studies
concerned the environmental
and physical health risks of
fly ash in Illinois.
Joyce Blumenshine, who is
from Peoria, is the chair of
the Illinois Sierra Club
Mining Issues Committee.
Blumenshine said she works
with citizens who are
concerned over coal mine
pollution in Illinois.
Blumenshine said that while
the environmental agencies
that regulate coal mining do
good work, they are
underfunded and
understaffed. “If anyone
thinks the state agencies
will come and save you from
pollution, I have examples
where that has not
happened,” said Blumenshine.
Blumenshine cited three
examples in recent Illinois
history in which coal mine
pollution was not dealt with
in a quick, clean manner.
In addition, Blumenshine
questioned the decision to
use this land in particular.
“It wasn’t chosen because it
was the safest, or because
the ground is going to
protect the watershed. It’s
chosen for the profitability
and convenience of the
mine,” said Blumenshine.
Last week, the mine
representatives repeatedly
stated that the plan
centered on this land
because it was the most
efficient and safe to use,
and they already owned the
land.
“Coal ash is toxic
because of the metals in it.
There was a point in time
where science said that
certain levels are safe. Now
science is saying there is
no safe level,” said
Blumenshine. Blumenshine
also said that there is
worry that the toxins will
build up and combine over
time.
Blumenshine also said that
the mine [personnel] has not
been diligent in looking for
alternate locations.
Phil Gonet, President of the
Illinois Coal Association
also addressed the ZBA.
Gonet said his comments were
being made to support the
Viper Mine’s efforts.
Gonet said that fly ash was
the greatest concern, from
what he could tell after
last week’s hearing. Gonet
reiterated that fly ash is
not hazardous. Furthermore,
Gonet said that fly ash is
not just refuse, but it is
also used as filler in
constructing highways,
bridges, and a wide range of
other structures.
“This material is virtually
identical in its composition
to volcanic ash, with
properties that make it
ideal for concrete,” said
Gonet.
ZBA member Rick Sheley
asked why the fly ash is not
being sold if it so useful.
Gonet said that there is a
capacity that has to be kept
in mind when selling fly
ash, as the customers can
only take so much back as
part of their contracts.
Gonet cited CWLP as an
example of one such
customer, and the I-72
interchange as an important
project that utilized fly
ash.
Gonet said that coal does
contain trace amounts of
heavy metals. However, Gonet
said that coal and coal ash
contained the same metals
found in dirt and rocks, and
the concentration of the
metals is too small to be a
hazard, or even to be
properly measured. “If coal
ash is so harmful as the
opponents lead us to
believe, then so is the
dirt,” said Gonet.
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Gonet said that in 1988,
coal ash was deemed
non-hazardous by the EPA,
and further studies
continued to support that
finding.
Gonet also said that the
Viper Mine has been
operating successfully for
thirty-two years, and they
have been exemplary in their
monitoring of the current
impoundment in that time.
Gonet said that anyone can
request the mine’s records
from IDNR. “The monitoring
wells have never detected
any excursion from the pond.
Never. The Viper Mine has
proven to be a responsible
steward of this operation,”
said Gonet.
Finally, Gonet said that the
potential loss of jobs
should the mine have to
close down early would
result in a terrible
economic impact, as 300 jobs
and those of related
contractors would result in
the loss of thousands of
dollars no longer being
spent in the area.
Chairman Doug Thompson asked
if Gonet could clarify on
reclamation and future
monitoring. Gonet said that
the land would be drained of
water, capped, and vegetated
after the mine was closed.
Monitoring would also
continue to help ensure
nothing would leak into the
surrounding area. “I believe
the company has to monitor
that,” said Gonet.
Several employees of the
Viper Mine also spoke to the
crowd, saying that the Viper
Mine is always conscious of
safety and the environment,
and that not rezoning the
land could make it difficult
for the mine to retain the
300 jobs currently under its
employ.
One of those employees was
Rick Hoeffert of Middletown.
Hoeffert said he just wanted
to let people know that he
is one of those jobs that
could be lost if the mine
has to close down.
Another employee is Mike
Oberreiter of Mount Pulaski.
Oberreiter said he has
several family members and
friends that live in
Elkhart. “There’s no way I
would ask you to support
this if I thought this was
going to endanger your
life,” said Oberreiter. “I
can stand here and say that
because we have done the
same thing for thirty years
just across the road.”
Another employee of the
mine, Sandra Miller of
Taylorville, spoke to the
ZBA members as well. Miller
said she started working for
the mine in 2012 and she
began her career working
directly with fly ash. “I’m
perfectly healthy,” said
Miller.
Miller said the current
impoundment has presented no
issues in the time it has
been used. Miller attributed
that to the work ethic of
the mine and the regulations
that are in place.
Furthermore, Miller said
that the past examples of
mining problems presented by
Blumenshine are reason why
regulations are so strict.
“Those examples are why the
regulations change,” said
Miller.
“They care about the
community and all of us,”
said Miller.
Miller said that people she
talks to know of Elkhart
because of the location of
the Viper Mine. “That’s what
people know about us. We’re
part of your history,” said
Miller.
Miller also repeated
Oberreiter’s statements,
saying that they would not
ask for the land to be
rezoned if they thought
anyone was in danger.
Before the ZBA members began
deliberating, Kayla Primm,
representing the Viper Mine,
made one final statement.
Primm reiterated that this
facility has been designed
in accordance with the most
up-to-date regulations, and
it would be a refuse
disposal area. Ash materials
would be blended with other
materials as part of the
process.
“The ash that we receive is
not toxic. We undergo a
rigorous permit process
overseen by the Department
of Natural Resources and the
Illinois EPA. They require
routine testing of surface
water and ground water to
provide assurances that the
Viper Mine does not impact
water quality,” said Primm.
Primm reiterated that there
are several other agencies
that the mine reports to
concerning water, air, and
ground safety.
In addition, Primm said that
coal is listed as a strength
under Logan County‘s
Economic Master Plan, and
said plan encourages
multi-county collaboration.
“We strive to be a good
neighbor, and we will
continue to support these
communities. To the board,
we say thank you for your
time and consideration,”
said Primm.
After public comments were
closed and final statements
were made, ZBA member Rick
Sheley made a motion to
approve the rezoning and
Judy Graff provided a second
to the motion. Sheley voted
no on the motion, with Graff
and Chairman Doug Thompson
voting yes. As per ZBA
regulations, three votes are
needed to approve a motion.
As a result of the night’s 2
- 1 vote, the motion to
approve failed to pass. The
final decision to approve
the land re-zoning will be
brought to the Logan County
Board later this month.
Members of the ZBA
present were Doug Thompson,
chairman; Rick Sheley, and
Judy Graff. The other
members of the ZBA decided
to abstain from this
specific matter for personal
reasons. Logan County Zoning
Officer Will D’Andrea was
also present.
[Derek Hurley]
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