Attorney General's News Release

August 8, 1996

Unpermitted limestone pit operating within 20 feet of county road presents dangerous hazard, Nixon charges

Jefferson City, Mo. — A limestone mining pit with a 20-foot sheer drop-off that has been excavated within 10 to 20 feet of a Gasconade County road with no guardrail is a dangerous public safety hazard that must be addressed immediately, Attorney General Jay Nixon said today.

Nixon obtained a temporary restraining order yesterday in Gasconade County Associate Circuit Court against William Staggenborg, who operates the unpermitted limestone pit off Sawmill Road west of Hermann on Hwy. 100. The TRO signed by Judge Ralph Voss prohibits Staggenborg from violating state surface mining laws, including doing any more mining at the site without a permit from the state.

“Mr. Staggenborg is showing utter disregard for the health, safety and welfare of his neighbors by operating this open pit within a few feet of a public road,” Nixon said. “Mining operations in Missouri are closely regulated in order to protect both public safety and the environment. We are asking the court for an injunction to compel Mr. Staggenborg to immediately take the necessary steps to correct this situation.”

Nixon also charged that Staggenborg was causing sediment to run off the mine site onto neighboring property, had failed to post sufficient bonds for reclamation of the site, and had failed to establish either an operating plan or a reclamation plan for the site.

Investigators from the Missouri Land Reclamation Commission discovered the unpermitted mine site in July after receiving information from neighbors. The Department of Natural Resources cited Staggenborg for operating the site without a permit and ordered him to take numerous remedial actions, including installation of an approved guardrail between Sawmill Road and the open pit. Nixon said Staggenborg had done none of the required actions, making legal action necessary.

The preliminary injunction requested by Nixon seeks a court order requiring Staggenborg to complete the remedial actions, meet all permit and bonding requirements, and pay appropriate penalties and costs. A hearing on the injunction request is scheduled for Aug. 19. Previous legal action was necessary in 1992 and 1993 to force Staggenborg to meet permit and bonding requirements at another Gasconade County mining site he operates, Nixon said.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818