Controversial gravel extraction ordinance back at Planning Commission

During the Planning Commission meeting on April 3, the controversial Gravel Extraction Ordinance was reintroduced after the Matanuska Susitna Borough (MSB) Assembly voted to pull the original ordinance indefinitely during the March 21 MSB Assembly meeting.

The original ordinance presented earlier this year would have allowed for persons to extract up to 10,000 cubic yards of gravel without a permit. It quickly came under public scrutiny during the public hearings, with a majority of constituents urging the MSB Assembly to not adopt the proposal, citing no measures in place for public comment, absence of measures to ensure limits of water and noise pollution, as well as complaints of increased heavy equipment traffic this measure could bring to roads.

Additionally, several MSB Assembly members brought forth amendments to address some of the shortfalls in the ordinance.

At the time, MSB Assemblyman Mokie Tew, who drafted the extraction ordinance, told the assembly that he would take the legislation back to the drawing board, and would add resolutions proposed by other assembly members to the ordinance.

The ordinance, Resolution 23-11, again requested by MSB Assembly member Tew, would establish a registration process and basic standards for operations for 2,001 to 10,000 cubic yards. Operations that would not meet the standards or exceed the 10,000 cubic yard limit would be required to obtain an Administrative or Conditional Use Permit.

Within the ordinance, there would need to be a small gravel registration filed that would not require public notification and would need to be approved by the Director. Registration may be filed up to 5 times for 1 parcel.

Registration would be required prior to extracting material greater than 2,000 cubic yards on any 1 parcel per year.

The ordinance attempts to address noise, dust, and traffic issues that many have brought up previously by stating that activities be limited to Monday through Friday, from 8 a.m. to 6 p.m., and Saturday, 9 a.m. to 5 p.m. Extraction activities would not be permitted on Sundays.

Also addressed in the new proposal is that extraction shall not take place within 100 feet of water or wetlands, and or within 4 feet of seasonal high water tables.

DJ McBride, the chairperson for the RSA in Caswell Lakes, stated her objection to the revised ordinance, saying:

“This registration process completely cuts out the public notification and comment process, thus the RSA Boards in the area would have no notice, or even the ability to comment about the impacts of earth material extraction sites on the roads within the RSAs.”

McBride added that having sites a half mile away from each other could mean that multiple sites might utilize the same roads and truck materials, which could be hazardous on marginal or substandard roads.

She went on to ask who would be enforcing the standards or inspecting the extraction sites for conformity.

“The current permit process establishes standards that can be inspected and enforced. The proposed resolution has reduced standards with no mechanism for inspection or enforcement.”

Darrin Marshall also spoke in objection to the ordinance, setting a scene in which he and his family would be enjoying their yard, only to be interrupted by the sounds of heavy trucks backing up and other noises associated with heavy equipment.

“Before you think I’m just rattling somebody’s cage, I didn’t sign up for this. If I had known this (his neighborhood) was going to turn into a potential rock pit, or gravel extraction site, I wouldn’t have moved in, wouldn’t have been my retirement home,” Marshall said to the commission, then posing the question to them:

“Who would build their home next to a rock pit?” He told the board that the current regulations which allow for up to 2,000 cubic yards of extraction “already ruins a lot of Saturdays, Sundays, and evenings.”

“It’s been pretty clear that people don’t want this,” Marshall said.

No one made comments in support of the new gravel extraction ordinance.

There will be a public hearing on the new proposal at the next Planning Commission meeting on April 17.