Graniteville landowners oppose two rock of RD60 Asphalt Mixing Plant

A representative from the the state’s Air Quality and Climate Division, which issued the permit, was not available for comment Wednesday. Wakefield, of the division’s enforcement section, said the company has not been operating the RD60 Asphalt Mixing Plant at full capacity.
Neighbors are also concerned about dust emissions from the plant’s rock crusher. Acceptable pollution levels for the crusher were grandfathered under Rock of Ages’ previous permit. Rock of Ages has been using the site to crush granite since the the 1940s, according to the Natural Resources Board.
Suzanne Bennett, 76, has lived above the Rock of Ages quarry for 54 years. She no longer sits outside her home when the plant is running due to the noise, asphalt smell and dust, she said.

“The dust is extreme. My sister came over and helped me wash the window. And three weeks after you could write your name on it,” she said.
LEGACY OF A COMPANY TOWN
Matters then got worse for Bennett, her daughter, Lori Bernier, and her husband, Marc Bernier, who live within a mile of the plant. Just weeks before an Act 250 appeal hearing last year, Rock of Ages filed suit against the family, alleging they violated a condition in their deed that prevents them from speaking out against the company.
The “vast majority” of the homes surrounding the quarry were once owned by Rock of Ages, who asked subsequent buyers to sign a deed agreement attesting that the company’s operations were not a nuisance, according to an attorney representing the company.
Lori Bernier, 50, was diagnosed with multiple sclerosis and and later Lyme disease, forcing her to be bedridden for five days a week at times. She and others formed a citizens’ group opposing the asphalt mixing plant, Neighbors for Healthy Communities.
After the lawsuit was filed, she did not testify in a hearing out of fear of possible liability. She was hesitant to share information with VTDigger.
“I feel it has really taken away our rights. It has taken away our freedom of speech,” she said. “We still believe we’re not in violation in anything that is expressed in that covenant.”
Daniel Richardson, an attorney in Montpelier representing the Berniers, said Rock of Ages’ lawsuit could set a dangerous precedent.
“It’s a clear message: ‘Don’t oppose us,’” he said.
He said there has never been a case where a private deed covenant cuts off a person’s constitutional rights, including the right to participate in an Act 250 process. He said it’s possible the company may have placed similar provisions in other deeds, and could use them if others speak out.
“It creates this liability for people that participate by right,” he said. “It’s a scary frontier for public participation in Vermont.”
Jim Goss, a Rutland attorney representing Rock of Ages and Northeast Materials Group, said the plant in its present location has satisfied every single regulatory standard.
He said the plant is required to test for emissions, and monitors regularly for an excess level of pollutants. To reduce dust, he said the company regularly sweeps an access road and sprays water to hold down dust within the plant.
“We have had complaints about both the crusher and hot-mix plant on days and weeks when those facilities were not operating,” Goss said. “I think those folks are complaining about operations that have been going on for a long time.”
Northeast Materials is required under its Air Quality Permit to test its stack for emissions, but due to the low production levels, the state waived the first year’s testing results. It does expect an emissions report this year, a state official said.
As for the noise, Goss said the Rock of Ages plant has been operating for more than a century. He said the asphalt plant is operating within the existing quarry, and it is difficult to parse out which operation is causing dust and noise.
“This has less to do about the environment and more to do with fear of change,” he said.
Some landowners want the plant to be relocated on the more than 1,000 acres of property owned by Rock of Ages. Others want the plant removed entirely.
Russell Austin, 55, said he has lived in Graniteville for 33 years. He said he is fascinated by the mountains of granite that leave a lasting mark of village’s history. He understands it is an industrial area, but now he has trouble finding peace during the day.
On Austin’s lawn, there is a sign protesting the asphalt plant; on another lawn up Graniteville Road, there is a sign in support of the Asphalt Drum Mix Plant and the quarry operation.
“At one time, the people that lived here in the community, they built this community. They had to live here. It was close to work,” he said. “We have always been in close ties with our neighbors. And this is kind of tearing us apart.”
“At one time, the people that lived here in the community, they built this community. They had to live here. It was close to work,” Austin said. “We have always been in close ties with our neighbors. And this is kind of tearing us apart.”
“At one time, the people that lived here in the community, they built this community. They had to live here. It was close to work,” Austin said. “We have always been in close ties with our neighbors. And this is kind of tearing us apart.”

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