Politics & Government

UPDATE: Quarry Says Mining Never Totally Stopped

Mining continues on smaller scale than when Tilcon operated the Millington Quarry, as quarry owner waits for township to response to residential development plan.

Mining of stone at the Millington Quarry has never totally ceased even after Tilcon New York halted its larger operation in spring 2010, attorneys for Millington Quarry said on Friday. That mining will continue while the quarry owner waits for the township to consider the quarry's long-term reclamation plan to prepare the quarry's 190 acres off Stone House Road for future residential development, the MQI attorneys said.

That plan already has submitted and could come before the township Planning Board late in November, said Anthony Marchetta, an attorney representing Millington Quarry, Inc. (MQI)

While township officials and MQI address the details of that plan, the mining of red shale and gray basalt will continue, Marchetta said in a phone interview. However, he stressed that no soil is being trucked into the quarry facility from other locations, a major point of contention with township officials.

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Meanwhile, a legal dispute that MQI has had with the township since 2008 has been legally stayed until next February, Marchetta said.

"Hopefully, by then we can agree on a new reclamation plan, and maybe there won't be a need for litigation," Marchetta said.

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Earlier this week, Bernards Township officially announced that Tilcon New York, which had for years been running the quarry operation at the 190-acre property, had dropped its litigation with Bernards Township. That lawsuit also had been ongoing since 2008.

Tilcon no longer is involved with mining operation at that reportedly has resumed at the facility on Stone House Road, according to both the township and a statement from Tilcon. The township had announced that the quarry operation was closed as of 2010.

The current mining, in which MQI takes materials as needed from the quarry, is a smaller operation than under Tilcon, Marchetta said. In response to a question, he said that also is likely why residents had not seen the previous volume of trucks as when the facility was operated by Tilcon, a major quarrying company with multiple locations.

Before a court ruling prior even to Tilcon's leaving the operation, trucks bearing soil also had been arriving at the quarry. The legal disputes from 2008 included concerns by the township and some residents that contaminants were included in soil being trucked in by the quarry to fill in steep areas that already had been quarried. The quarry operator, Tilcon, and the owner contended otherwise, and also said the soil was being brought in with accordance with the township's steep slope ordinance.

Since then, the state Department of Environmental Protection has been overseeing environmental testing of the quarry property, as well as reviewing plans for any cleanup.

Whatever its use now, Marchetta noted that the property in the midst of Bernards Township is valuable to MQI. That property can't be prepared for residential development until MQI receives an approved reclamation plan from the township, he added.

"If we can't get the approved reclamation plan, obviously we are going to continue to quarry because we are not going to let the property be value-less," Marchetta said.

MQI did not drop out of its lawsuit, Mayor John Malay confirmed this week.

However, Malay said in a statement from the township on Wednesday, "The withdrawal of Tilcon from the lawsuit is another milestone in our progress towards a successful resolution of our differences with the owners and operators of the quarry.

"There is a lot more to be done, but I thank our staff and professionals for their efforts in this matter to date. Above all else, the township continues to be committed to the health and safety of its residents," Malay said.

After the initial version of this story was published on Wednesday night, a resident emailed Patch that she had been hearing recent blasts coming from the quarry.

Township Engineer Tom Timko on Friday said the quarry is required by ordinance to notify the township engineering department two hours before blasting is to occur.

Township Administrator Bruce McArthur said in an email on Thursday that it is his understanding that Millington Quarry, without Tilcon, has mining rights unless the quarry is in violation of either an approved reclamation plans or other requirements. As far as blasting, the quarry apparently has been notifying residents who long ago requested that they be notified, he added.

The township's goal now remains coming up with a safe and responsible reclamation of the property in the future, Malay said in an email on Wednesday. "This will be the [township] Planning Board's focus for the next several months," he said.

Over the last several months, Malay said it become clear that Tilcon and Millington Quarry had different goals in mind, especially over the issue of reclamation of the site.

"We felt that at some point they would part ways. They now have," he said.

"In fact, it is quite possible that Tilcon may appear [before the township] as an objector, as they very likely may have some contractual responsibility to participate in reclamation," Malay said.

"Tilcon has agreed to voluntarily dismiss the pending litigation with the Township of Bernards," according to the statement from attorney Brian S. Montag of K & L Gates in Newark. "The issues in the lawsuit go back to 2008, and circumstances have significantly changed," said the statement, released by Tilcon on Thursday afternoon. 

"Among other things, Tilcon is no longer quarrying or operating at the site.  Tilcon has worked cooperatively and diligently to resolve any remaining responsibilities it has at the site, including extensive grading work to fulfill all of its reclamation requirements. As such, in good faith, Tilcon has voluntarily ended the litigation. On a going-forward basis, we understand the township and MQI [Millington Quarry, Inc] the site owner and operator, are addressing any remaining site work related to MQI's development plans. Tilcon has not been requested by the township or MQI to be part of those discussions."

The statement concluded, "We trust the township believes Tilcon has fulfilled its obligations to the township, and would seek Tilcon's involvement in any further proceedings if it thought otherwise."

Committeeman John Carpenter, who has served on a negotiating team during the legal dispute, on Wednesday said he was not completely surprised by Tilcon's move. "Our continuous engagement and patience on this matter have paid off. It was a reasonable thing for Tilcon to do," he said.

According to a news release from the township, Tilcon New York , Inc. has filed with the clerk of the Superior Court of Somerset County a Notice of Voluntary Dismissal of Litigation against The Township of Bernards, Township Committee of Bernards, and the Planning Board of the Township of Bernards, defendants, of the legal dispute. "Tilcon's dismissal of the lawsuit was not the result of a settlement agreement but of Tilcon's decision to no longer pursue the litigation that had been ongoing since 2008," the news release said.

at the Millington Quarry property, to the approval of township officials. The extent of testing to be done was another point of contention between the township and the quarry owner and operator.


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