Just a handful of residents attended a public hearing Jan. 7 on an asphalt plant proposed to temporarily operate in the Village of Sunrise Beach. But most of the residents who did attend the Sunrise Beach Planning Commission hearing Monday night were opposed to the conditional use permit application from Dean McDonald, Magruder Limestone, Inc., over concerns about odor and noise.

Just a handful of residents attended a public hearing Jan. 7 on an asphalt plant proposed to temporarily operate in the Village of Sunrise Beach. But most of the residents who did attend the Sunrise Beach Planning Commission hearing Monday night were opposed to the conditional use permit application from Dean McDonald, Magruder Limestone, Inc., over concerns about odor and noise. They also protested the timing of the hearing.

After hearing from residents and the applicant, the commission tabled the case for further review and additional information. The board will consider the testimony and is further investigating the issue. Commissioners asked for a hazardous materials data sheet as well as photos of the proposed plant. Village officials will also be contacting community leaders in the places where Magruder has operated portable asphalt plants in the past.

The commission will likely vote on the case at its next meeting. It will be held at 6 p.m. Monday, Feb. 4, at the Sunrise Beach Fire Protection District Administration Building.

The CUP application seeks to open a portable asphalt plant at 12729 State Hwy. 5 within the Magruder quarry at this address to be temporarily operated between July 1-Dec. 31, 2013.

Magruder Limestone is seeking to open the asphalt plant after being awarded a contract by the Missouri Department of Transportation to resurface around 28 miles of Hwy. 5 through the Westside as well as adding four foot shoulders to the highway in locations currently without shoulders in this area.

Magruder underbid other paving companies to get the job by close to a half million dollars. According to Magruder Limestone Vice President Dean McDonald, they were able to do this due to the location of their quarry in the project area with an asphalt plant on-site.

The road work will be done during the 2013 construction season and, by contract with MoDOT, must be completed by Dec. 31, McDonald said. The village also has legal precedent on its side in enforcing the time constraints of a CUP, according to Sunrise Beach planning administrator Roger Corbin.

Setup of the plant would take place in June, McDonald said. He also requested the ability to leave the plant at the site - out of operation - over the winter if it was not needed for other projects elsewhere.

While Magruder Limestone President Mark Magruder stated at a previous meeting of the planning commission that they had an alternative plant site in Morgan County which does not have planning and zoning, McDonald stated at the public hearing that there was no alternative site.

With the plant and quarry at one location, heavy truck traffic on area roadways would be significantly reduced compared to having separate sites, meaning less impact on traffic safety and wear on roads.

McDonald estimated that the truck traffic would double if separate sites were used.

The proposed plant would be accessed from Hwy. 5, not Eddie Ave. (formerly Lake Rd. 5-45), he said.

The portable asphalt plant that the company plans to use is a CMI PTD 400. It is currently located in Arcadia, Mo.

This type of plant would greatly cut down on odor and noise in comparison to the asphalt plant that was previously operated at the site by another company, McDonald said.

He claimed that the odor and noise levels from the new plant would be negligible, citing successful operations the company has had in areas similar to this one.

Within the quarry property, the plant would be located in the hole created by the mining operation. The plant would be located away from Hwy. 5 on the Eddie Ave. side of the hole in the northeast corner.

Not only would the 60-foot quarry walls block and buffer the spread of any odor and noise, the difference in the type of plant would reduce odor and noise as well, McDonald said.

The majority of noise from an asphalt plant comes from the drum, he explained. The old plant had two drums turned by chains on a large sprocket, while the proposed plant will have only one drum utilizing a smooth-metal-on-smooth-metal trunnion system to turn.

McDonald said that you could be able to stand at Hwy. 5 and Eddie Ave. and not be able to tell the plant was running. A slight smell will still be present around the plant, he added, but would not be the overwhelming stench that is feared.

The bag house portion of the plant — which sucks in the dust from where the rock is being crushed and cleans the emissions before they are released into the air as steam — will be properly maintained, McDonald promised, as it is within the company's own interest to do so.

After dust sticks to the bags, they are pulsated to knock the dust back into the drum — an important part of getting the consistency of the asphalt mixture correct, McDonald explained. Ever stringent guidelines from MoDOT regulate what the consistency — and thus quality — of the asphalt must be depending on the type of roadway.

In this case, the paving will utilize a basic Superpave mix, which uses less additives in the mixture than an interstate mix, McDonald said. Less additives also reduce odor.

With MoDOT contracts, paving companies are paid by the quality of their mix. Magruder could face significant deductions for poor quality asphalt, McDonald said.

The asphalt plant would run a 10-hour shift each day of operation. That operation would sometimes occur during daylight hours and sometimes at night, according to McDonald.

From residents

Barbara Robinson of Iron Kettle Lane (located off Eddie Ave.) has a history in this area going back to 2003. She and husband Jeff live near the quarry and own a business across the highway from it. Robinson is also chair of the Sunrise Beach Quarry Accountability Committee which formed around 2004 over complaints from several area residents about the quarry and asphalt plant.

Though Magruder has not operated an asphalt plant here before and only took over quarry operations in recent years, Robinson said her past experiences with any of the operators has not been good.

"Noise is noise and stench is stench," she said, and outright questioned the company's integrity — doubting that the company would take the care with operations that it said it would.

She was concerned that the company would not change the bags as often as needed or would poke holes in the bags for faster production. She also complained that they don't water their haul roads, leading to a lot of dust.

Ed Curtis, a resident living around 200-400 yards from the quarry on Duncan Lane, was also concerned that over time the plant's odor would worsen.

Robinson read an opposition letter from Jeri Landon, a resident within close proximity to the quarry who said she and her family's health and well-being were negatively impacted by the old asphalt plant. She could not attend the hearing due to a family health matter.

McDonald acknowledged past issues at the quarry and asphalt plant, but said they occurred under a different company and operator. Fast forward to 2012, McDonald said, and Magruder has cleaned up the mess that was there and is following operational regulations.

According to Sunrise Beach planning administrator Roger Corbin, there have been less complaints made to the village about the quarry since Magruder took over.

Robinson also stated her disappointment with the date of the hearing.

Due to the potential spread of odors and noise, she said some 200 homes in the area would be affected by the asphalt plant, yet many of those residents were weekenders living in Kansas City, St. Louis or out of state and could not attend this time of year.

The village mailed notifications to property owners within 185 feet of the perimeter of the quarry, according to Corbin, as required by the Sunrise Beach zoning ordinance. Close to 30 notifications were sent out, he said.

Another nearby resident, Ed Reeder, asked questions about the plant but did not state opposition or approval of the proposal.

The village has also received emails from residents close to the quarry on Gold Lane Cove — two couples — stating that they have no objection to a temporary asphalt plant at this location.