Tuesday, April 19, 2005 | 9:20 a.m.
A developer is seeking an injunction allowing it to resume blasting halted by Henderson in March after area residents complained vibrations damaged their homes.
The injunction sought by Foothill Partners, the developers of MacDonald Highlands, will be heard April 25 by District Judge Douglas Herndon, said Randall Jones, the attorney for Foothill Partners. The company is preparing the 102-acre site west of Dragon Ridge Country Club for a 91-lot subdivision.
On March 24, Henderson sent a letter to blasting contractors in the city ordering them to temporarily halt blasting within 300 feet of buildings or utilities. Blasting is allowed outside of the boundary, city officials said.
Besides MacDonald Highlands, blasting was halted at the nearby Crystal Ridge subdivision to the southwest and a hilltop overlooking MacDonald Ranch, city officials said. Two other blasting permits in the area, including a second by Foothill Partners, are pending.
The city's suspension of the permits resulted from several complaints from residents in the Sun City MacDonald Ranch and neighboring subdivisions who said they have cracks on their interior and exterior walls.
"We've received complaints from citizens that they have evidence of cracking in their homes that they claim are related to the blasting operations," Assistant City Attorney Mark Zalaoras said. "We are checking into that."
The city has hired a New Mexico-based, engineering consultant, Catherine Aimone-Martin, to determine if the home damage is caused by blasting, Zalaoras said. The consultant, whose study will be completed in May, will also evaluate procedures used by blasting contractors.
Jones said the blasting contractor used by Foothill Partners is following city codes and should be allowed to resume their work without further delay. He said the developer can't sell any lots unless the blasting can resume and complained that interest expenses are mounting.
"This has been stopped and we need a decision one way or another," Jones said. "This needs to go forward. This is not that complicated a decision."
Zalaoras said the city halted the blasting near homes as a precaution, and doesn't want it to resume until officials have assurances it is not causing any damage. He said some of the complaints, however, came from homeowners a remote distance from the blasting sites.
Mark Yoseloff, who lives on the 1400 block of MacDonald Ranch Road, said he and other residents want contractors to use smaller blasts that would be less destructive. Yoseloff said he had cracking around his windows but isn't sure if it is caused by the blasting.
"We are still evaluating it, but it has shaken up the house," Yoseloff said.
Jones said he understands the city is in a difficult position and must respond to the citizen complaints, but he said there is no evidence his client is causing any damage.
"It is my understanding that Henderson has as conservative a blasting ordinance as any place in the valley," Jones said. "The ordinance has been completely complied with, and we have complied with additional things they have asked to be done. We understand their concern about damage, but we don't believe the damage has been caused by the blasting."
Henderson Councilwoman Amanda Cyphers said the city is considering rewriting its codes to make them easy to understand and to protect the public. She said the city is taking the appropriate steps.
"We are making sure we are not harming what is people's largest investment in their lives -- their homes," Cyphers said. "We may be taking it slower than developers might like, but we are making sure we are responsible and responsive to the citizens."
Foothill Partners has used Donner Drilling & Blasting of Las Vegas to clear rock formations for home and road construction. As other contractors, Donner, which falls under regulations of the U.S. Bureau of Mines, uses ammonia nitrate to set off the blasts in the ground.
Dave Donner, the company's owner, said he understands the city's need to review its regulation, but he said his blasting isn't causing any problems. Henderson allows blasting at 25 percent of the minimum limit where homes could possibly sustain damage from ground vibrations, he said.
Donner said he hasn't blasted within 500 feet of homes, and that some of the complaints came from people a half-mile away.
"I have shot within 10 feet of houses without any problems," Donner said of his past practices.
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