Johnson County approves 10-year amendment allowing Martin Marietta to expand Sunflower Quarry

Johnson County commissioners on Jan. 23 approved a conditional use permit amendment allowing Martin Marietta Kansas City LLC to expand the Sunflower Quarry by about 40.57 acres and operate under a 10-year permit, with annual inspections and reclamation reporting required.

The decision, made by a 7-0 vote, implements the planning staff recommendation and follows a West Consolidated Zoning Board recommendation to approve the amendment with stipulated conditions. Commissioner Allen Brand moved to adopt Resolution No. 010-25; Commissioner Myers seconded the motion. Chair Mike Kelly recorded the affirmative vote of all seven commissioners.

The board's planning staff told commissioners the proposed expansion, labeled "2 NEE" in the applicant's mine plan, would be the closest mined area to nearby residences but would still exceed the county's 1,000-foot minimum setback; staff said the nearest residence would be about 1,343 feet from the proposed operations. Sean Pendley of county planning said the applicant will preserve existing trees, install 8-to-10-foot landscape berms and plant additional trees before any grading occurs.

Neighbors and Martin Marietta representatives offered contrasting views in public comment. Don Flaspohler, who said his property abuts the quarry, urged the board to deny expansion and said, "This should not be allowed to happen." Richard Hemphill, who identified himself as the closest home to blasting, urged a shorter CUP term so future housing growth and other changes could be reconsidered.

Greg Musil, representing Martin Marietta, told the board the company has complied with prior CUP stipulations and that a longer permit term is typical for capital-intensive quarry operations. "This idea that Martin Marietta is in no way accountable if it gets a 10 year permit is simply wrong," Musil said, stressing that annual reviews would allow the county to bring the company back if conditions are violated.

James Nicholson, Martin Marietta's manager of environmental services, explained the company's operational planning: "Based on those [production] estimates, we think that 2 NEE will last 10 years," he said, describing the acreage and phasing that inform the 10-year request.

County staff outlined additional requirements in the approved CUP: annual inspection reports to the board; a reclamation plan, bond and progress updates; pre-blast surveys offered to nearby property owners; monitoring with three seismographs placed around the property; and limits on ground vibration and decibel levels tied to county stipulations. Pendley told the board the reclamation plan requires topsoil placement and seeding so reclaimed pits can be revegetated; some pits may be managed as permanent wetlands or ponds.

Commissioners asked about enforcement and future review. Staff and the applicant emphasized that annual compliance reporting is required and that violations can be addressed at any time by bringing the CUP back to the board. The board approved the resolution 7-0. The motion adopted Resolution No. 010-25, adding the 40.57-acre 2 NEE expansion, for total mine limits corrected in the motion to 393.57 acres, and setting a 10-year CUP term subject to the stipulations in the resolution.

The decision does not change county blasting standards; staff said CUP stipulations are equal to or stricter than county regulations. Several commissioners said they expected staff to continue close annual oversight and to report any compliance problems promptly.