Quarry

W.Va. Supreme Court affirms quarry permit rejection
The state Supreme Court has upheld the Department of Environmental Protection's right to reject individual quarry permits based on recreation and astethetic issues.
By The Associated Press

CHARLESTON, W.Va. -- The state Supreme Court has upheld the Department of Environmental Protection's right to reject individual quarry permits based on recreation and astethetic issues.

The unanimous ruling overturns a March 2007 Kanawha County Circuit Court decision. The circuit court said the DEP and later the state Surface Mine Board were wrong to reject Waco Oil and Gas' application to locate a 76-acre quarry near Huntersville in Pocahontas County.

DEP rejected the application in 2002, saying the quarry would affect residents' use and enjoyment of their property, property values and the area's scenery. The board upheld DEP in 2003.

In its ruling, the high court said DEP has the authority to deny an individual permit without having to declare an entire area off limits to quarries.
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This matter highlights the struggle and tension between private property rights and community use. This is why planning and developing a consensus is so important to our county's future.