by Glynis Kazanjian
This article was originally published by Baltimore Post-Examiner
After 20 years in business, Savage Stone quarry has had its operating permit renewal denied by Howard County officials, who cited failure to live up to its conditional use agreement — including operating without a Clean Water Act permit.
The county’s rejection follows over 80 complaints within the last five years from nearby residents who claim Savage Stone is responsible for persistent dark dust found on their properties, strong vibrations in their homes from quarry blasts, damage to their homes, and noise violations.
In its May 13 decision, a county zoning hearing examiner found the quarry failed to meet its obligation to protect surrounding residential communities of the quarry from adverse environmental effects. It noted the quarry has not lived up to four conditions out of 24 requirements.
Savage Stone, according to the county decision, failed to control dust emissions, implement procedures to detect property damage from continuous and long-term blasting, provide an independent arbitrator to residents for damage disputes, and are allegedly non-compliant with local, state, and federal laws.
“When Petitioner originally applied for the Conditional Use, it had to show, among other things, that its activities would not have adverse effects on environmentally sensitive areas or other properties from noise, dust, fumes, vibrations, or other physical conditions than would otherwise occur in an M-1 Zoning District,” the decision stated.
This is the first time since 2004 that the county has denied Chase Land, LLC. a permit renewal for the quarry, which real estate developer Caleb Gould owns. The quarry, whose parent company, Laurel Sand & Gravel, was founded by the Gould family in 1982, is located at 8420 Washington Blvd. in Jessup, Maryland.
The company got a special approval from the Howard County Board of Appeals in 1997 that allowed the quarry to operate on a renewable five-year conditional permit, but it was subject to 24 stringent conditions.
The quarry’s operating permit expired on February 5. Savage Stone’s attempt to renew it only one month earlier was another example of bad faith cited by the county because of the limited time it gave officials to conduct renewal hearings.
The Howard County Department of Planning and Zoning ordered the quarry to cease operations on April 12 but it is continuing to blast during the appeal process.
Resident Concerns: Dust, Vibrations, Cracks in their homes, and Noise
Gary Prestianni, a retired master electrician in the commercial construction industry, has lived on Mission Road for 66 years. He is among the original group that agreed to let the quarry operate.
“The quarry has not lived up to its agreement with the community,” Prestianni said at a March hearing on Savage Stone’s conditional use permit.
Dust
Condition 17 of the agreement struck between Savage Stone and the county states: Dust emissions will be controlled and maintained within the confines of the site in accordance with State regulations.
Prestianni says the dust is constant.
“It’s every day. It’s constant. It never subsides,” Prestianni said. “It’s on the windowsills, the walkway, on my patio furniture outside.”
He showed photos at the hearing he took of what he described as a blue and gray dust caked on his outdoor cement steps and a round glass table on his patio. He said the dust floats freely through the air.
“Until the quarry started, we never had that dust there.”
Dolapo Junaid, 33, owns a home in the Mission Place community, which is across the street from the quarry.
He said his mother developed a cough when she moved into the townhouse. Eventually, she needed to install a humidifier to help with the persistent coughing.
“She’s asthmatic,” Junaid explained, but nearby in Columbia, where they lived for about a year, “she didn’t need it.”
On Pleasant Chase Road, homeowner Shagufta Tahir said she regularly gets black soot on the side of her house that faces the road. She pointed to an area of siding approximately 14’ long near the ground with a black film coated against it.
“I just cleaned my building,” she said, pointing to the black stain on the exterior of her home.
Prestianni said he reported his concerns to the Maryland Department of the Environment, asking for air quality filters. He said he got no response.
“MDE won’t come out to monitor or check on the dust,” he said. “The quarry tells me everything they’re doing, but it does not stop it from getting on my property.”
Prestianni also fears the dust is carcinogenic.
“I absolutely believe it’s Gabbro dust,” Prestianni said. “It’s airborne, whatever it is.”
Savage Stone was asked by the Baltimore Post Examiner (BPE) if they ever tested for black dust or “fugitive dust,” as some refer to as the alleged dust traveling from the quarry.
In response, a quarry executive said Savage Stone had hired two “independent third-party” consulting firms to test for fugitive dust.
“Both firms were unable to detect the fugitive dust being alleged by our neighbors,” Andrew Pflaum of Savage Stone provided in a questionnaire response.
Blasting
Other resident complaints center around the quarry’s blasting and the potential damage to their homes.
Prestianni said the foundation of his home has severe cracking. He lives 875’ from the quarry, essentially across the street. He said the cracks tripled in a nine-year period between 2005 and 2014, and he has photographic evidence to prove it.
Savage Stone did conduct a “pre-blast” survey of Prestianni’s home, in response to his complaints. A report was reportedly generated from the visit, but Prestianni said he never received a copy.
“I was told my house was still settling,” he said. “We don’t get anything from the quarry.”
BPE interviewed nine homeowners, including some renters, on June 6 in unannounced visits. All nine said the blasting vibrates their homes. Several residents pointed out cracks in their foundation, and other issues they say are a result of weekly blasts.
Tahir, who is experiencing black soot on the side of her home, has lived in Pleasant Chase on the main road for six years. She showed BPE foundation cracks in the rear and side of her home.
“I was wondering why is our home shaking? When we moved in, the blasting was three or four times a day,” Tahir said. It has since slowed down, she said. Still, “It is like an earthquake in our house.”
David Gunti, who has lived on Pleasant Chase Road for almost 20 years, said there is damage on the interior and exterior of his home, including a garage door frame that has separated from his house. The other garage door is intact.
“Whenever the house shakes, the damage is coming,” Gunti said. He said he sent in pictures of the damage to Savage Stone and is waiting to see what happens.
Lisa Broughton, 48, and her husband, a disabled military veteran, live on Mission Place in a townhouse. She said she was sitting on her deck the morning of June 6 drinking coffee when a blast happened. She said she felt it.
“Oh my god, yes,” she said of the blast. “It shakes the whole house,” she said. “Sometimes it feels like an earthquake. You can see the cracks in the house. I don’t have health problems, but I have PTSD. It drives me crazy.”
Broughton said another time the light fixture in her bathroom came down “right after a blast.” She said it was hanging from the ceiling. The couple has repaired it twice.
“We have to pay to get these things fixed,” she said. She also pointed out several interior cracks in the walls on the main floor that she believes are from the blasts.
Broughton’s neighbor, Cherylle King, 65, showed BPE photos of cracks in her walls, which she also attributes to the blasts. She took her first set of photos in February 2022 and again in May 2024.
“In the top floor bedroom, you can see big, huge cracks,” King said. “And now they’re in the spare bedroom. Some [cracks] on the main floor, the molding is starting to separate.”
King says she works from home and usually feels the blasts around 11 a.m.
“I feel it, and I hear it. I always think that someone ran their car into my garage,” King said.
On Oak Meade Way in a townhouse community at the back of Pleasant Chase, a 26-year-old renter and his wife live with their baby. The renter, who asked to remain anonymous, says he feels the vibrations from the quarry’s blasts at home and at his office park on Columbia Gateway Drive, “a 10-minute drive away,” in some of the outer offices.
In response to homeowner complaints about potential damage from blast vibrations, Savage Stone says their blasts meet state standards. They deny any wrongdoing.
“We have not violated or exceeded any vibration standard that would begin to cause damage,” Savage Stone Operations Manager Randy Heckler said during a tour of the quarry.
But according to the hearing examiner’s May 13 decision, seismograph readings – which measure blasts – are only used to determine if blast vibrations are within “State Levels.”
“Petitioner’s witness, Mr. Patrick Hastings, the President of Seismic Surveys and a certified geologist, testified that these seismograph readings are only used to determine if blast vibrations are within State levels. Mar. 21, 2024, at 38:17,” the May 13 decision states. “The seismograph readings are not used to estimate damage attributable to the blast, or to measure the cumulative impact of past blasting.”
Damage complaints
Condition 13 states, “The Petitioner shall establish and implement procedures for the investigation and reporting of vibration and damages attributable to the quarry operations on all homes within 1,000 feet of the quarry excavation area and the 12 Heritage Woods homes identified in the Petitioner’s testimony.”
In addition, a further broadening of Condition 13 established protocols for Savage Stone to determine any vibration effects on nearby homes, prior to a blast, maintain a $25,000 revolving fund for quick resolution of vibration damage, and designate an independent arbitrator to decide damage claims.
Currently, Savage Stone sends Seismic Surveys to perform damage claim investigations along with a Savage Stone representative when they receive a complaint, according to hearing testimony given by the company this year.
“Typical procedure includes providing a copy of the investigation results to the homeowner,” Heckler said.
During the past five years, the quarry said it has provided investigation reports more than a dozen times.
BPE asked Savage Stone if they met the requirement to establish an independent arbitrator.
“No arbitration has been required, requested, or has occurred,” the company responded.
When asked how many residents filed “claims” during its last renewal period, 2019 to 2023, the company stated the number of complaints were approximately 80, with a caveat.
“Note that a ‘complaint’ is not the same as a ‘damage claim,” Savage Stone stated. “Some ‘complaints’ are just a neighbor complaining that they ‘felt that one a little more.’ We remain in communication and have continued to offer detailed blast results confirming compliance and also on-site seismic monitoring and/or expert evaluation to offer peace of mind to our neighbors,” the company stated.
According to data confirmed by Savage Stone, the following chart reflects the number of annual blasts versus the number of complaints filed, though the company did not distinguish between claim and complaint.
2019 62 blasts 3 complaints
2020 42 blasts 20 complaints
2021 52 blasts 10 complaints
2022 67 blasts 20 complaints
2023 60 blasts 27 complaints
2024 13 blasts 12 or 13 complaints
Savage Stone was asked whether seismographs are placed inside or outside of homes when residents request them.
“The seismograph is typically installed outside the residence in the direction of the blast in order to monitor vibrations as they reach a structure. This is consistent with industry best practices and applicable regulations set by MDE and other states. We have conducted seismic monitoring inside a neighbor’s residence when it was specifically requested and found results to be within the applicable limits,” the company responded.
“We continue to offer to observe blasts from a neighbor’s residence but the offer is often declined,” the company said.
Out of all the complaints, Savage Stone has never paid out money to any of the residents for property damage claims, consistently finding that the blasts are not causing the property damage that residents are reporting.
The Clean Water Act and Environmental Justice zones
Condition 24. The Petitioner shall comply with all applicable federal, State, and County laws and regulations.
Part of Savage Stone’s agreement states it will possess a federal Clean Water Act (CWA) permit in order to operate. However, the quarry’s CWA permit expired on April 30, 2022.
While Savage Stone has argued that they are covered under a general state “NPDES MM-15” permit issued by the Maryland Department of the Environment (MDE) – which can substitute for a federal CWA permit – a spokesperson from MDE inferred that the local authority was separate from the federal government and state requirement.
“Yes, such facilities need a Clean Water Act permit to operate,” MDE spokesman Jay Apperson stated in an email response. “The permit and the county authority are two separate things. Savage Stone is one of many facilities that fall under the general mining NPDES permit, Permit No. MM-15. Permit MM-15 was administratively extended upon its expiration on May 1, 2022, meaning it remains in effect. That administrative extension applied automatically to all facilities that received coverage under that general permit, including Savage Quarry.”
The residential communities surrounding Savage Stone also fall into an Environmental Justice area, where the benchmark is higher for environmental standards – but the state has not caught up yet.
“The 15MM was issued before MDE began incorporating EJ into permits. MDE is currently rewriting the General Permit and EJ concerns are being incorporated,” Apperson said.
The fact that Savage Stone is operating without a conditional use permit is also a violation of the operating agreement, the zoning examiner found.
Noise
Condition 18 states that “Blasting will occur no more than 10 seconds per month. No blasting will occur between the hours of 6:00 p.m. and 7:30 a.m. on any day.”
Prestianni said he made noise violation complaints to the Maryland Department of Health in the past, but the agency did not respond.
Savage Stone appeals
“Petitioner has the burden of proof and persuasion to show by a preponderance of the evidence that it has complied with the terms of its Conditional Use during the preceding five-year renewal period,” the decision states.
Savage Stone filed an appeal May 17, calling the zoning examiner’s findings “erroneous” and “contrary to Maryland State Law.” The quarry is represented by attorney Sang W. Oh of Talkin & Oh, LLP.
“Hearing Examiner D&O on the 4th extension of BA 95-58E is arbitrary, capricious, clearly erroneous, contrary to law, and/or otherwise illegal as the evidence does not support the denial of the requested extension.”
However, the quarry is still allowed to blast.
The Howard County Zoning and Planning Department (DPZ) made a decision to “stay” all enforcement actions of operating without a permit, until the appellate process has played out.
“DPZ’s policy is to stay enforcement action on alleged violations while an appeal is pending. DPZ is monitoring the status of this case and will assess the need for further enforcement at the completion of the appellate process,” Lynda Eisenberg, director for Howard County Department of Planning and Zoning, stated in a response to BPE.
The Howard County Board of Appeals has scheduled a hearing on August 29, 2024, at 9 a.m. and September 5, 2024.
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