If the state commission follows the recommendation of the hearing officer, Magruder Limestone Co., Inc., will soon be operating a quarry near the joint wastewater treatment plant that serves Osage Beach and Lake Ozark.
The hearing officer appointed by the Missouri Department of Natural Resources Land Reclamation Commission to handle the Magruder Limestone Co. Inc., versus Lake Ozark-Osage Beach Joint Sewer Treatment Plant case has filed a decision with the state recommending approval of the permit with stipulations.
The commission will discuss the recommendation July 23 when it meets for the quarterly meeting. The meeting is scheduled to get underway at 2 p.m. at the Holiday Inn Express in Festus, Mo.
The commission has three options: It can approve the recommendation, modify it or deny it.
Attorneys for Magruder and the joint sewer treatment plant had voiced their opposition to any type of stipulation on the permit. The permit, if issued, will allow Magruder to move forward with plans to mine the property near the Highway 54 bridge over the Osage River.
The application was filed last year by Magruder Limestone with the Department of Natural Resources’ Land Reclamation Unit, the state agency responsible for permitting quarry operations.
The land reclamation unit recommended the permit be issued. That drew opposition from residents who live near the proposed site as well the cities of Osage Beach and Lake Ozark, which operate the joint wastewater treatment plant on neighboring land.
The permit was the subject of a series of hearings that concluded in early June.
The opposition took its arguments to the state commission that oversees the Land Reclamation Unit. After listening to testimony from quarry representatives and the opposition, the commission approved the request for a hearing.
The cities are concerned there could be long-term damage to the plant. There are two major lines running through the quarry site. The location of those lines and the wear and tear caused by the constant blasting are concerns, they said.
Magruder representatives disagree. They say the quarry will not be a threat to the wastewater treatment plant.
In the 80-plus page recommendation, hearing officer W. B. Tichenor of Columbia, Mo., outlined the process that has taken place since the permit was filed.
In his decision, Tichenor said the evidence presented by the citizens group and the joint treatment plant representatives “provided no evidence addressing the issue of a hearing petitioner’s health, safety or livelihood being unduly impaired by impacts from activities that the recommended mining permit authorizes,” nor were they able to prove the company had a record of noncompliance at other locations.
Tichenor cited the expert testimony provided by witnesses as supporting Magruder’s position that blasting and other activities associated with the quarry operation would not be a detriment to the treatment plant.
Contact this reporter at joycem@lakesunleader.com