County, city BZAs delay asphalt plant decisions

Highway projects inevitably hit delays.

A Goshen-based construction company bidding for Interstate 70 work found delays on back-to-back nights last week while attempting to receive zoning variances for a temporary portable asphalt plant through 2028.

Rieth-Riley Construction Company requested variances of use from Richmond to allow the plant at 450 W. Industries Road and from Wayne County for northwest of I-70’s interchange with Indiana 1. The plant would produce hot mix asphalt for the Revive I-70 project that will expand the interstate by two lanes in Wayne County.

Both variance petitions have been delayed to May’s BZA meetings.

The first of three Revive I-70 phases will soon bid, with construction on the first phase — from the state line past the U.S. 35/Williamsburg Pike interchange — expected to begin late this year. Michael Jaskela, operations manager for Rieth-Riley, said the distance raw materials and asphalt must be trucked impacts the company’s bid.

With one member absent April 11, the Wayne County Board of Zoning Appeals deadlocked 2-2 on a finding of fact that the asphalt plant will not cause a substantial adverse impact on neighbors. The BZA must approve all five findings of fact it considers to grant the variance. The other four were approved.

The petition will now be considered during a 6 p.m. May 9 meeting before the full board.

Four people associated with the Recovery Works inpatient addiction treatment center described negative impacts on the center’s patients and employees an asphalt plant just south of the center could cause. 

Brandon Waterbury, the clinical director, said a 24-hour plant would contradict the tranquility needed for recovery and exacerbate the stress and cravings patients feel. Others described noises and fumes impacting patients and employees.

Johnny Kidd, the facilities manager for Taconic Biosciences, which is located in the Gateway Industrial Park across I-70 from the proposed site, told board members that smells from an asphalt plant could cause problems with the genetically engineered rodents Taconic breeds. He said some of the rodents respond badly, such as fighting, when exposed to new smells, including petroleum-based smells.

Jaskela said the asphalt plant has received no complaints in other locations about noise and smells. It has a quiet burner that dries aggregates used in asphalt production, he said, and the smoke is treated by a bag house that scrubs it before release. At both sites, Rieth-Riley expects any odor would dissipate before reaching neighbors. 

The Richmond Board of Zoning Appeals delayed disposition of Rieth-Riley’s request because application paperwork was signed and submitted March 18. That’s just 23 days before the April 10 hearing, while the city’s unified development ordinance requires submission 28 days prior.

Walt Chidester, the city’s former attorney, pointed out the tardiness, and the board decided not to establish a precedent of accepting late submissions. Therefore, after hearing from those in attendance for the public hearing, the board decided to reconvene the meeting at 5:30 p.m. May 8, resuming the public hearing.

Jaskela described the plant, which would be located in the middle of the 67-acre property east of Union Pike, and the steps to control water discharge into the Whitewater River and to clean emissions. The production process does not use water, so only rainfall would drain into the river. 

The plant must receive Indiana Department of Environmental Management permits, and the state regulates all of its activities.

There’s a growing body of scientific research suggesting that asphalt production and use contributes to air pollution, and even that asphalt surfaces can release chemicals that are hazardous to humans.

“There are things that we must do to protect the environment, and we are committed to doing that,” said Kevin Buchheit of Krieg DeVault, who also spoke for Rieth-Riley on both nights.

Three neighboring residents spoke against the Richmond location, expressing concern about truck traffic, odor, dust, noise and impact on property values. Jaskela said most truck traffic would travel Industries Road to Williamsburg Pike and use the interchange there to access I-70.

Dan Dunnaway, the plant controller for Hill’s Pet Nutrition, also related company concerns about traffic and dust produced. The asphalt plant’s driveway would be directly across from the Hill’s plant’s truck entrance. Dunnaway pointed out that Hill’s must adhere to Food and Drug Administration regulations and does not want dust entering its facility.

Richmond decision

• The city’s BZA unanimously approved a request from Scott Lewis to build a 960-square-foot pole barn garage next to his Riley Hills Road residence. A variance of development standards was necessary because the proposed garage is more than 25% of the residence’s footprint.

County decisions

• Nick Arbogast received a variance of use to build a detached accessory building at his Indiana 38 residence in Greens Fork.
• Larry E. McCurdy received a variance of development standards to build an accessory building 160 square feet larger than the maximum size and a variance of use to store equipment for his construction business in the building at his Turner Road property.