Community voices concerns over potential quarry at Scott County public meeting

SCOTT CITY, Mo. — Residents filled the FEMA Building at the Scott City High School Wednesday, March 19 to discuss the Scott County Commission’s authority over potentially hazardous industries, particularly a silica sand-mining quarry.

The special public meeting featured Scott County Presiding Commissioner Danny Tetley; First District Commissioner David Hough; Second District Commissioner Chase Asmus; Scott County Health Department Administrator Barry Cook; Scott County Clerk Allen Seabaugh; and Attorney Ivan L. Schraeder of Schraeder Law Firm in St. Louis, who represents Scott County.

The commission recently adopted a joint health ordinance on March 13 to regulate silica sand mining, addressing health risks associated with crystalline silica dust. Handouts of the joint health ordinance and information on planning and zoning were given to those in attendance. The ordinance is also available for viewing at scottcountymo.com.

The ordinance was developed in response to community concerns in February about a potential quarry on the former Diebold Orchard property on the west side of Kelso. North Scott County residents had learned Tim Drury and family had conducted soil boring samples on the property.

Although the Drury family, who initially explored the project, decided not to proceed, residents remain worried about future developments.

“We did explore every option available to us, and we thought long and hard about how’s the best way to attack this,” Tetley told the crowd gathered Wednesday night. “And with the with the pressure put on us by what I call the CAG, the citizens Action Group, we determined that it sounded like this health ordinance was the best option, and that’s the reason we settled on that.”

The Joint Health Ordinance, No. 2025-01, developed by the Scott County Commission and Scott County Health Department, establishes regulations for silica sand mining within the county. The ordinance establishes regulations for mining areas and provides standards for mining areas, definitions, effective date, enforcement and severability.

“The Scott County Commission and the Scott County Health Department are aware that silica sand mining can produce fugitive dust and other materials containing crystalline silica which poses a risk to the health, welfare and safety of the county residents,” the ordinance said.

According to the Federal Occupational Safety and Health Administration, or OSHA, respirable crystalline silica causes multipole diseases, including silicosis, an incurable lung disease. Also both OSHA and the International Agency on Research on Cancer have designated respirable crystalline silica as human carcinogen.

Also, silica and mining activities can consume significant quantities of groundwater and potentially affect regional groundwater supplies, according to the ordinance.

During the meeting, Tetley addressed rumors about the commissioners’ alleged involvement with the Drury family, such as him clearing snow-covered roads to help the Drurys get to their properties and that Asmus had signed a contract with the Drurys to haul sand for them if they start mining this sand.

Tetley urged residents to contact the commission directly for accurate information, emphasizing their commitment to transparency and community welfare.

“We represent you and we’re not going to lie to you,” Tetley assured the audience. “We may not tell you what you want to hear, but we’re never going to lie to you. I can promise you that.”

Tetley opened up the floor for questions.

The first question asked was if the commissioners had talked to anyone from the Missouri Department of Conservation.

“We had talked to DNR (Department of Natural Resources),” Tetley said. “We also talked to the mining commission, mainly to find out, during this process, if anybody had applied for a mining permit. We didn’t talk to them about the health issues. … The reason we didn’t, and I don’t mean to throw these entities under the bus, but there are already state guidelines in place through those divisions, whether it’s the DNR or the EPA or the mining commission, that they supposedly monitoring and watching the goings-ons of these mines to make sure that it’s not a health issue.”

Personally, Tetley said he doesn’t feel like that is enough.

“I think there needs to be more stringent restrictions put on these mines,” Tetley said. “That’s just my personal opinion; that’s not an official opinion of the county.”

One attendee asked if the health ordinance recently passed was “fairly iron-clad,” which Schraeder addressed.

Schraeder explained that while no system is foolproof, the ordinance provides a framework for challenging violations.

The attendee asked if the ordinance could be “doubled-up.”

“It is possible to have multiple systems,” said Schraeder who also represents Ste. Genevieve County.

Discussion also touched on the possibility of implementing planning and zoning regulations in Scott County. Tetley clarified that the county commission does not have the authority to impose such regulations without a public vote. If approved, a planning and zoning commission would be established to draft and recommend ordinances.

The process, as outlined by Schraeder is complex and could take several months or even years, involving multiple steps and potential legal challenges.

Tetley also reminded those in attendance the county commission only has so much authority.

“I know there’s some people out here that holds some animosity toward us for not doing more,” Tetley said. “I really plead with you to please try to understand where our authorities lie. And we aren’t the ones that put all of you that live around that piece of property in this situation.

“We’re behind you guys 100% in fighting this to the very end, tooth and nail. But please make sure that your animosity and your anger is directed at the right people because this county commission is here to fight for you. I can promise you that.”