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Quarry operator withdraws mining petition as BZA presses for cleanup at Upland site
Summary
An attorney for the quarry operator said the company will voluntarily withdraw its special‑exception petition for mineral extraction at the Jack Heimlich property; the board made clear withdrawal does not remove enforcement expectations and demanded a firm plan for removal and restoration.
The board heard extensive testimony and staff reports about alleged unpermitted dumping and a long history of noncompliance at a site in Upland owned/operated by Jack Heimlich. Area‑planning staff told the board the office had received permit applications but had not approved them by the filing deadline; board members recounted stop‑work orders they said were ignored and expressed concern about that material sitting near a small stream.
Shortly after discussion, an attorney who said he had been recently retained, Michael Hoss, told the board the operator would "voluntarily withdraw the petition altogether" because the submission lacked requisite documents for a mineral‑extraction special exception. The board responded that withdrawal does not resolve alleged ongoing dumping or remediation obligations, pressed staff and the operator's representative for a timely plan to remove material and said the board could pursue enforcement including court action and monthly inspections if necessary.
