By Gary Mays
gmays@
themonroetimes.com
MONROE — A group of Green County landowners are suing the county’s Zoning Board of Adjustment (BOA) over its decision to allow a local firm to mine stone and sand on more than 12 acres outside Monticello.
The suit alleges that, in granting a Conditional Use Permit (CUP) for the mining facility off County F, the board failed to consider several negative aspects of the project, that it represents a “private nuisance,” and that a gas pipeline in the region poses a hazard to an operation that may include blasting.
At issue are plans by Russell Rufer and Rufer & Sons Excavation, Inc. to lease land on two parcels owned by Cathy and Jeffrey Pfeuti and the Albert & Karen Revocable Trust. The firm, officials say, intends to use its rights for “non-metallic sandstone mining, including mining, storage, processing, transportation, quarrying, blasting, crushing, and extraction activities,” according to the suit filed in Green County Circuit Court.
Rufer & Sons applied for and won a CUP on June 19, 2024. But that approval process was not thorough in keeping with county rules regarding the review of such projects, according to the suit.
In addition to the lawsuit, there is also an appeal pending of the board’s decision, according to board records. The BOA is scheduled to discuss the appeal and the mining issue at its regular meeting at 7 p.m. on Aug. 21 in the downtown courthouse.
Among the half-dozen adjacent homeowners who filed the suit, David Malkow grew up near the site where Rufer wants to mine. His biggest issue with the project, he said, was a lack of detailed review by the county prior to granting the conditional use permit.
“They’re blowing up a hill (geologic formation) that has a huge natural gas pipeline underneath it,” said Malkow. “They have no regard for our safety and we would prefer that the whole project be stopped.”
Said the lawsuit: “Virtually no information necessary to assess potentially significant and negative human health and welfare, environmental, or public interest impacts, including dust, noise, vibration, drinking water quantity or quality, structural damage to homesteads, operation of heavy machinery, increased traffic, setbacks, noise or vibration abatement measures, pollution controls, or other limitations, was available for the BOA and the public to consider prior to, or during, the CUP hearing…Despite a nearly complete lack of evidence, information, or data, other than the bare oral assertions of the project applicant at the CUP hearing, the BOA did not hold the decision in abeyance to request or review additional materials related to potentially significant residential drinking water well, home and barn structure, noise, vibration, traffic and natural gas pipeline concerns, as it is empowered and directed to due under local ordinance,”
County Board Chairman Jerry Guth declined to comment on the matter generally or on the list of issues with the site, as is the policy of the county related to any pending litigation.
Russell Rufer of Rufer & Sons, also declined to discuss specifics of the lawsuit, but he did say the firm has experience with mining operations in this area and has been a good neighbor to landowners in the past.
“I really feel like we can operate a quarry in the neighborhood without people being upset with us,” Rufer said. “I think they are just kind of afraid of the unknown.”
According to U.S. Mining, Inc. (usmining.com), there are about two dozen mines in the county, most of the them — like the Rufer operation — involve stone, sand, and crushed stone.