BENTONVILLE -- A group has filed a lawsuit to stop a limestone quarry from beginning operation in its neighborhood.
The lawsuit was filed Wednesday in Benton County Circuit Court. Cross Hollows Preservation Association, Brian McFarland, Cynthia McFarland, John Edster, and Sandra Edster are suing the Benton County Planning Board over the approval of a limestone quarry northeast of Lowell. The McFarlands and Edsters live near the quarry, and they are members of the association.
Planners voted 4-2 last month to approve the quarry over the objections of nearby property owners.
The project was tabled in December 2018 before revised plans were submitted to the county's Planning Department.
The Cross Hollows mine is at 1425 N. Old Wire Road. It has been used as a red dirt mine since 2008.
Part of the 135 acres owned by David Covington is laid out in 10-acre sections. Each section represents a five-year operating period for proposed limestone production, according to the Planning Department's summary on the project.
A paved private haul road is planned to access South First Street. The private road would be just west of North Old Wire Road. Trucks leaving the quarry would be on Cross Hollow Road and Dogwood Drive for a short span before getting onto the private road.
Marin Miller, manager of the association, said in a news release the residents of Cross Hollows are concerned the proposed mining operation will change the character, health and ambiance of the area and will irrevocably damage the environment.
"We've been very vocal about our concerns to the Planning Board since the beginning of this process," Miller said. "We feel that it's clear that an operational limestone quarry, which potentially involved blasting activities, will have a significant detrimental impact to the residents and to the area in ways that are much more disastrous than a red dirt mine."
The lawsuit claims the quarry operation isn't compatible with the adjacent land use.
The suit is assigned to Benton County Circuit Judge Xollie Duncan.
The plaintiffs also sent an appeal to the Benton County Board of Appeals. The board is made up of seven members and hears appeals of the planning board's decision. The board hears appeals from applicants, said county Planning Director Taylor Reamer, not from neighbors or others who object.
Reamer said he's forwarded the administrative appeal to George Spence, the county's attorney, to decide if the board will hear it.
NW News on 01/17/2020