2.1 1989 - H/MW applies for CUP, Inadequate notification of residents
2.2 1990 - Sunflower Neighbors Group (SNG) Formed
2.3 Annexation Agreement with De Soto
2.4 2000 - No Public Speech Allowed at City Planning Commission Public
2.5 2003 - SNG Wins in Johson Country District Court, but Quarry Continues
2.6 De Soto Refuses to Close Quarry
2.7 H/MW Pursues De-annexation
2.8 H/MW Continues Operation Without a Permit
2.9 CUP Permit Denied
2.10 H/MW's Shallow Promises
2.11 H/MW, the Land, and Kill Creek
2.12 2005 - February 24th Quarry Application
2.13 2005 - April 18th Quarry Application
The following depicts some actions by a large corporation of a rock quarry near De Soto, Kansas. Also described are major efforts by area residents in their long struggle with the quarry. The battle has been waged for 15 years and the residents need reinforcements. This is an opportunity to help “David” beat “Goliath” in the battle to ban a rock quarry in Johnson County.
Hunt/Midwest Sunflower Quarry (H/MW) did not adequately notify surrounding neighbors about their application for a conditional use permit (CUP) in 1989. Neighbors within 1000 feet of the property line were supposed to be notified, but H/MW defined the quarry property line as inside the land they were leasing. Therefore, very few neighbors were qualified for notification. By the time the neighbors realized what was happening, the zoning board had already conducted public hearings, etc. Neighbors presented concerns about the quarry at the December public hearing, but the zoning board already had voted to approve the CUP in the November zoning board meeting. H/MW received a 10-year CUP from the county.
In 1990, the residents formed the Sunflower Neighbors Group (SNG) made up of people who lived near the quarry. The group soon grew to include many people outside of the De Soto area because of the empty promises of this quarry corporation. Residents were feeling the vibrations in their homes, startled by the blasting, bothered by the dust, hearing the noise from the rock crushing equipment, and seeing the increased heavy duty truck traffic. In addition, families joined the group because the quarry borders the Kill Creek Nature Park on the north, Kill Creek (which flows into the Kansas River that is a source of drinking water) on the east, and Sunflower Army Ammunition Plant (where approximately 2000 acres of parkland will be transferred to Johnson County Parks and Recreation) on the east.
SNG was prepared to oppose the quarry’s continued operation when the CUP expired in 2001. However, H/MW had made prior arrangements with the City of De Soto for an Annexation Agreement under “Home Rule” to bring the 810 acres of quarry land into the City of De Soto. The City of De Soto had no quarry regulations and the annexation agreement had no specific time limit. In other words, the quarry could do whatever they wanted forever.
In late 2000, SNG members went to the city planning commission, the city attorney stated that that the public could not speak during the public hearing, the city planning commissioners could not ask us questions and the city planning commissioners could not make a recommendation. The De Soto City Council voted 3-2 to approve the Annexation Agreement and the Sunflower Neighbors Group filed a law suit against H/MW and the City of De Soto for violating the residents’ due process and not following their own city regulations. The quarry then promised to pay the city attorney’s salary to fight the Sunflower Neighbors Group!
In 2003, SNG won with a strong ruling in the Johnson County District Court. H/MW appealed to the KS Supreme Court, and this court made an even stronger ruling stating that H/MW has no vested right to quarry. This occurred in 2003. H/MW has no permit to operate since Jan. 2001, but the quarry continues to blast and conduct business every day.
SNG attorneys then requested the city of De Soto to close the quarry.</B> The city refused. SNG then went to the district court judge, and he gave H/MW 90 days to apply to the city of De Soto for a special use permit. H/MW refused to apply to the city because, in the meantime, the SNG members and attorneys had helped the city develop quarry and mining regulations.
H/MW pursued de-annexation from the city of De Soto so that they could apply again to the county for a new CUP. (By de-annexing, H/MW would be in the unincorporated area of Johnson County rather than in a city.) Desiring to keep the quarry land within city limits, the city refused to allow H/MW to de-annex. H/MW threatened to take the city to court to force the city to reimburse the quarry for previously paid sales taxes and park fees, and the city council gave in.
H/MW went to court to fight the 90 day time period for a new CUP application. The judge ruled the quarry is now subject to the Johnson County regulations. H/MW refused to cease operations. Since Nov. 2003, the county codes department has been citing H/MW, Monday through Friday, for operating without a conditional use permit and blasting without a blasting permit.
In June and July of 2004, the application for a conditional use permit went to the county zoning board. The vote was 4-1 to deny the conditional use permit.
Over the years, SNG has met with H/MW to try to improve communication and address neighbors’ concerns of noncompliance with the CUP stipulations. If H/MW promised to make a change, it was only temporary and then the quarry would go back to their original methodology.
H/MW has destroyed 125 acres of beautiful rolling hills, two creek valleys, and forested area. H/MW is pulling out 7.5 million gallons of water from Kill Creek rather than installing a water line. Run off from the dusty trucks, rock crusher, and stock piles is allowed to go back into the creek as silt and sediment.
Currently, the H/MW quarry has a barren 125 acre pit with a shear cliff over 100 feet deep.</B> The current application is to expand the pit by another 179 acres. The Hunt/Midwest Sunflower Quarry Vice President has stated that the quarry would consider mining within 100 feet of the neighbors’ property lines.
Hunt/Midwest Sunflower Quarry application is currently before the Johnson County Board of County Commissioners (BOCC). This is the last phase of the application process for the quarry. Their quarry application is on the BOCC agenda for February 24, 2005.
Hunt Martin Sunflower Quarry application for a conditional use permit is currently before the Northwest Consolidated Zoning Board. The application is going to the Northwest Consolidated Zoning Board on Monday, April 18th at 7:00 p.m. in the Johnson County Administration Building, 111 S. Cherry Map in downtown Olathe.
1) Send a letter to the Johnson County Board of County Commissioners at the following address. Please include a statement expressing your opposition to the quarry and requesting denial of the Conditional Use Permit.
Mr. Calvin Hayden
Chairman of the Northwest Consolidated Zoning Board
Johnson County Planning, Development, and Codes Department
111 South Cherry
Olathe, Kansas 66061
BOCC Fax: (913) 715-0440 Email to the full Board at: BOCC-Commissioners@jocogov.org
2) Attend the Consolidated Zoning Board on Monday, April 18th at 7:00 p.m. in the Johnson County Administration Building, 111 S. Cherry Map in downtown Olathe. You may enter the building by the east door and a county representative will direct you to the meeting room. Please mark your calendar and plan to attend this important meeting!
We need a large group of people at the meeting to send a clear message of our opposition to the quarry. Please, attend and encourage others to attend the April 18th meeting. Public comments (optional) will be limited to 3 minutes per person. The Zoning Board will vote to approve or deny the quarry application. Their recommendation goes to the County Commissions who will make the final decision on the quarry in May. The end of the long struggle to protect our community, public lands, and the natural environment is in sight.
3) Speak and/or show support of other speakers opposing the quarry at the BOCC meeting. If you should like more information, please don’t hesitate to contact Sunflower Neighbors Group by emailing SunflowerNG@gbronline.com
Information provided by the Sunflower Neighbors Group, Inc.