County planners recommend approval of quarry permit

Jake Wade, left, and Matt Blessant presented information about the Mulberry Limestone Quarry to the Linn County Planning and Zoning Commission at its meeting on Tuesday, July 9, The commission for a second time approved a conditional use permit for the operation. (Charlene Sims / Linn County Journal)

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – For a second time this year, the Linn County Planning and Zoning Commission has recommended approval for a conditional use permit (CUP) for Mulberry Limestone Quarry at 22779 East 2400 Road just east of Linn Valley City Hall. The vote to recommend to the Linn County Commission that it approve the CUP was unanimous at the planners meeting on Tuesday, July 8. 

Jake Wade, as landowner, and Matt Blessant as operator, originally applied for the CUP in March 2024, and at that March planning and zoning meeting it was recommended that it be approved by a 6-to-3 vote. The CUP was approved with nearly 10 conditions, many that were set up to answer the neighbors concerns.

On April 1, 2024, it was presented to the Linn County Commissioners by former planning and zoning director Darin Wilson. Several members of the audience, mostly neighbors, spoke against the quarry and others said that they were in favor of it. 

Wilson told the commissioners that because a petition had been filed by the people who opposed the quarry, the CUP would have to be approved by an unanimous vote of the commission. At a later meeting, Wilson corrected that information saying that the unanimous vote was not necessary for surface mining according to Kansas statutes.

At that April 2024 meeting, former Commissioner Danny McCullough said that he did not believe that the findings were sufficient and moved to table the decision to the next week. The motion passed 3 to 0.

On May 28, 2024, Wade read a letter asking the commissioners to approve the CUP and Commissioner Jason Hightower made a motion to approve the CUP but it died for lack of a second.

Commissioner Danny McCullough then made a motion to deny the CUP with Commissioner Jim Johnson seconding the motion. The motion to deny passed 2 to 1 with Hightower voting no. No findings for the rejection were included in McCullough’s motion.

Later in the meeting at the request of Wilson, the commissioners stated their finding as the setbacks are not acceptable, it is too close to a city, the blasting would be too close to the highway, and there was opposition from nearby property owners.

One of the problems with the commission’s opposition to the quarry is that there is a quarry on the Youth Front property across the road from the proposed quarry and another quarry a couple hundred yards to the east.  

During the change in planning and zoning directors during the first of 2025, Wade reapplied for the CUP and it came before the planning commission on Tuesday.

Wade, Blessant, Dean Manuel from Austin Powder, and Dennis Meyer from Tri-Environmental Services provided over an hour of testimony about the increased setbacks they were providing and other protections for the neighbors. 

Planning commissioner member David Fisher asked how often an applicant could come before the planning board with the same request once it has been turned down. 

Planning committee chair Elizabeth Staton said that the planning board did not turn it down but rather it was the county commissioner.

“So in this case, there was no CUP denial by this board,” said County Counselor Jacklyn Paletta. “So what happened was this one went to court and there was resolution in court that allowed them to reapply. And we did not follow each and every single one of the requirements.”

Fisher asked Wade, “So, Jake what has changed since the first time you presented this?”

Mainly the setbacks and clarifying the height of the berms, Wade said.

He explained that the county requires 100-foot setbacks but the previous application had setbacks of 200 feet. Now the setbacks are 460 feet except on the west side which is 250 feet.

Some audience members who have homes on property adjoining or are close to the proposed site spoke against the approval of the quarry. Others were not opposed and one person brought up the hope that the roads, which are very busy, would be maintained well by the county.

Another person, rural La Cygne resident Gary Mahon asked the planning commission to look at how important competition was for businesses in Linn County. He gave an example of how the present quarry near this location charges high prices so local residents can actually save money by going to southern Linn County to purchase gravel. 

Mahon continued, “I’m bringing up the competition factor here that you guys might want to think about. You have no control, and I understand that. Nor should you have any control. And I hope you never do have control over what businesses charge their customers for goods and services. But, this is what is happening to us up there. Where little guys like me have to go a long ways to get what we want.

“You have no control over that, but I tell you something that you guys do have some control over and I hope you will think about it and perhaps exercise it. You do have some control on whether or not you can let competition come into this county. And I think what you need to be thinking about is what is the overall good.

“What’s the best good for people in this county. And this is something I think should be a serious consideration because I kind of think an overall good for Linn County is competition. Thank you.”

One of the talking points last year in Mulberry Limestone’s presentation was how much more competitive their prices could be for the county and area residents.

Staton made a motion that the CUP be recommended to the Linn County Commission for approval with the following conditions:

• Follow all information in the CUP, including setbacks.

• Comply with state and federal regulations.

• That state and federal permits be kept on file with the county.

• Hours of operation are Monday through Friday, 7 a.m. to 5 p.m.

• Heavy equipment hours of operation doesn’t include maintenance of equipment and unloading equipment

• No storage of explosives on property.

• Ingress and egress be on 2400 Road.

• The conditional use permit be renewed in five years.

• The company setting up a road maintenance agreement with Linn County.

• A pre-blast survey be offered to residents within 1,000 feet with the cost paid for by the applicant.

• Evergreen trees will be planted on the west berm.

Other conditions discussed but not mentioned in the motion were:

• Trucks going to and from the quarry will have a designated truck route.

• Dust maintenance agreement.

The motion was approved unanimously by the six members of the nine member board who were present. The CUP will go to the board of county commissioners for the final approval.