Circuit Court Upholds Denial of Vulcan Mining Permit

Vulcan Materials Co., which operates a rock quarry on Elk Lick Falls Road, is seeking a conditional use permit to allow it to blast underground on an adjacent Fayette County farm. DAVID PERRY | STAFF | KENTUCKY.COM

Vulcan Materials Co., which operates a rock quarry on Elk Lick Falls Road, is seeking a conditional use permit to allow it to blast underground on an adjacent Fayette County farm. DAVID PERRY | STAFF | KENTUCKY.COM

On Friday, February 11th, 2011 The Fayette Alliance joined the Boone Creek and Old Richmond Road neighborhood associations, Fayette County Farm Bureau, the Fayette County Neighborhood Council, and other community partners to oppose Vulcan’s request to expand its limestone mine in South Eastern Fayette County.

After a contentious nine-hour hearing–spanning two meetings–the Board of Adjustment DENIED Vulcan’s conditional use permit application 5-1.

The Alliance believes that Vulcan should satisfy the requirements of the LFUCG mining ordinance before expanding their activities on Turner Station Road. Vulcan not only failed to comply with the mining ordinance, but its operations are also a nuisance to surrounding neighbors. This track record demonstrates Vulcan’s disregard for land stewardship—as required by several of our important land-use authorities including the Rural Land Management Plan, the 2007 Comprehensive Plan,  the Boone Creek National Historic District, which is adjacent to the mine in question.

While the Alliance supports mining and quarrying in Fayette County, it must be properly licensed and operated. Without this requirement, the expansion of environmentally disruptive uses will be the order of the day—fundamentally jeopardizing our local Zoning Ordinance, and most importantly, the safety of the public. Click here to learn more.

The Alliance looks forward to working with our elected officials to ensure that our local mining ordinance is implemented and enforced countywide, and we’ll keep you posted of all developments at fayettealliance.com.

Fayette judge upholds decision in Vulcan mining case

by Beverly Fortune, 10.12.12, Kentucky.com

A judge has upheld the decision from the Board of Adjustment that denied Vulcan Materials’ request to expand its underground limestone mining operation in southeastern Fayette County.

The board ruled in February that Vulcan’s mining operation caused excessive noise, truck traffic and potential environmental damage.

Vulcan appealed to Fayette Circuit Court. In a Sept. 17 opinion, Circuit Judge Kim Bunnell said, overall, there was substantial evidence supporting the Board of Adjustment’s denial of Vulcan’s request. She said the board had not acted in an arbitrary or unreasonable manner…Read more at Kentucky.com

Company sues Lexington board over mining issue

By Beverly Fortune, 3.17.11, Kentucky.com

Vulcan Construction Materials has filed a lawsuit against the Lexington Board of Adjustment and its individual members demanding that the board issue Vulcan a conditional use permit to do underground limestone mining on property on Elk Lick Falls Road.

Vulcan wants to expand its mining onto a farm in southeastern Fayette County, adjoining the property where it already mines

At the conclusion of a Feb. 11 hearing, the board voted to deny Vulcan’s request…Read more at Kentucky.com

More articles about Vulcan Materials’ Expansion Request,

“Board denies Vulcan’s request to expand limestone mining in Fayette” Beverly Fortune, 2.14.11, Kentucky.com

“Grounds for dispute: Lexington needs better rules for land use conflicts between farms, rural industry” Tom Eblen, 2.2.11, Kentucky.com

“Hearing on Vulcan Materials’ Request for Permit is Extended” Beverly Fortune, 1.29.11, Kentucky.com