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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