Residents have had enough — in River Road area

By SCOTT NILES Courier staff writer

August 07, 2008 11:12 am

— OTTUMWA — Some area residents say the dust, odor and noise that comes from a nearby sand and rock company as well as an asphalt business are disrupting their lives and destroying their quality of life.
Wapello County residents living near River Road and 65th Street, southeast of Ottumwa, say they have had enough of neighboring businesses, Wapello County Sand & Rock Company and the Knife River Asphalt Company.
“We have to put up with the noise daily,” said River Road resident Jack Bennett.
“The main things are the noise and the smell,” said 65th Street resident Larry Zuehlke, who lives right behind the asphalt plant.
“It’s a really strong, unbearable odor,” said Zuehlke’s son, Scott. “I came home from Cedar Rapids one day and got out of my car and just about threw up it was so bad.”
Bennett’s wife, Linda, said her existing medical problems are exasperated by the dust that comes from the sand plant, mixed with the smell from the asphalt company. She said that combination of odor and dust gives her migraine headaches.
“It’s unbearable,” she said.
“And they work long hours; it’s disruptive,” Larry Zuehlke said, adding he has to keep his windows in his home closed at all times.
“Even on the nice days when we would like to have them open, we can’t because of the smell,” he said. “The asphalt plant was actually a surprise to most of us around here.”
And it’s not just the smell and the dust, neighbors insist.
“None of [the trucks] stop,” Linda Bennett said. “If you were to sit out here and watch them, they will just keep going around the corner and expect other traffic to back up or wait on them to turn.”
Scott Zuehlke said he used to ride his bike in the area. That’s no longer feasible, he claims.
“Most of the trucks do not stop at the signs and I’ve almost got hit by a couple of them,” he said. “So I quit riding my bike.”
“We’ve contacted the [Wapello County Sheriff’s Department], the [Iowa Department of Transportation], the Iowa State Patrol and the [Wapello County Board of] supervisors and it seems like nothing is being done about any of this.”
Area residents also claim the companies are working beyond restricted working hours.
A couple of months ago, some area residents met with the supervisors and drew up a list of regulations they wanted to see the businesses abide by. The Wapello County Board of Adjustment then drew up a permit stating specific regulations the plants would have to follow if they wanted to stay in operation.
A copy of the ordinance states that the plants are only to operate between the hours of 7 a.m. to 5 p.m. Monday through Friday and 7 a.m. to 12 p.m. on Saturday.
“They never do that,” Linda Bennett said. “I’ve even seen them out on Sundays occasionally.”
But Wapello County Sand & Rock Owner Terry Winn said the permit has a clause that allows for emergency work.
“This started last fall with all the rainfall, the snowy winter and the wet spring, followed by all the flooding; all construction in the Midwest is running behind schedule. That is where the emergency would come in,” he told the Courier.
Wapello County Supervisor Jerry Parker said that while there is no doubt the past several months have produced a lot of wicked weather, construction backups are not considered emergencies under the board of adjustment’s emergency regulations.
Winn, however, insists that the permit only pertains to A-2 zoning, agricultural land.
“This is the permit that the Wapello County Zoning Commission gave us to operate the plant down there,” he said. “We are mining in the I-2 part of the property, which [the permit] does not apply to. Straight east would be the A-2 area. That is a soybean field.”
And what about trucks running stop signs? Winn said that has nothing to do with his company.
“To assume that it has something to do with us is blaming us for something we don’t have control over. That is the fault of the drivers,” he said. “If you work for a company and have an accident leaving work, is it the company’s fault?”
“There is no question about it, they are in violation of these regulations,” Parker said.
He told the Courier that after the county retains a full zoning board, he is going to request a hearing and ask that the companies’ permits be pulled.
“Since the asphalt company is on the sand and gravel company’s property, they would shut down, too,” Parker said.
“When I ask that their permit be pulled, they will not be able to mine there until they agree to have no operation outside of 7 a.m. to 5 p.m. Notices will be listed in the paper and sent to county residents who live nearby.”
In terms of road damage, Parker said that is being taken care of.
“They are concerned because River Road was asphalt before and now it’s getting to where it is almost gravel. This fall, the Iowa DOT is going to resurface River Road at no charge to Wapello County because it’s been designated a haul route by the DOT and they accept damages,” he said.
Winn also said his company has donated $24,000 in materials, equipment and time to another nearby roadway — 120th Street.
“That has been documented and we asked for no payment; it was all a donation,” he said.
“During the Ottumwa flood, the sand plant was open 24 hours a day to help with the flood situation and we donated all the clay, free of charge.”
Winn said he harbors no ill feelings and is hopeful an agreement can be reached between his operation, the asphalt company and area residents.
Attempts to reach officials with Knife River Asphalt Company were unsuccessful.
Scott Niles can be reached at (641) 683-5360 or via e-mail at sjniles@mchsi.com.

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