Officials recommend firm halt blasting close to homes

Monday, June 27, 2005 | 9:49 a.m.

Henderson Mayor Jim Gibson wants the developer of MacDonald Highlands not to resume close-range blasting as planned this week while the City Council considers changing its ordinance regulating controlled explosions.

Last week, Gibson and Councilman Andy Hafen told city staff to quit issuing permits for close-range blasting -- explosions that occur within 300 feet of homes. Other members of the council said they support that stance.

The moratorium applies only to consideration of new applications for the permits, officials said. That's why there's nothing to prevent the developer of McDonald Highlands from resuming close-range blasting; that company already has its permit.

Gibson said the city can't legally rescind a permit it issued for work in MacDonald Highlands unless the developer or its blasting contractor violated the terms of the permit.

But Gibson recommended the developers halt the close-range blasting anyway.

"They should be neighborly in what they do," Gibson said, suggesting that the work continue in areas further away from neighboring homes.

Owners of homes near the blasting sites complained that the blasts cracked walls and caused other damage.

On May 23, Foothill Partners, the developer of MacDonald Highlands, set off 365 pounds of explosives within 200 to 300 feet of homes. That was the first close-range blast allowed in the city after a District Court judge sided with the developer and ordered Henderson to process blasting permits.

The blasting in the subdivision is expected to resume this week, but the exact date hadn't been released as of Friday.

Mark Fierro, the spokesman for Foothill Partners, said the developers haven't heard from the mayor, and they would consider what he says. But he said, the company plans at this time to resume blasting basing its decision on expert opinion.

Fierro said the developers feel reassured about resuming blasting after a city consultant issued a report saying the constructing blasting likely wasn't the cause of damage to homes in MacDonald Highland and elsewhere. The report blamed wind, temperature and humidity fluctuations for the problems at nearby homes.

"We are satisfied and the city's expert said there was virtually no chance that blasting caused any of the damage to homes," Fierro said. "Unless somebody has some new information, we will go forward."

Councilman Steven Kirk said holding off on the close-range blasting is prudent and cautious because, despite the study, the perception hasn't gone away that the explosions are causing damage. Kirk said a city staff member told him that the developers of MacDonald Ranch about 18 months ago stopped a resident from using explosives for building a swimming pool because of the threat to homes. Kirk said if the developers were that concerned about blasting then, then he wonders what has changed since then.

Fierro declined to comment about the swimming pool issue, saying it is not first-hand information.

Henderson tightened up its regulations since it enacted a moratorium in March on close-range blasting. Dave Donner, the contractor working in MacDonald Highlands, said the close-range blasting has been reduced in intensity by two-thirds.

MacDonald Highlands resident Glenn Christenson, who has led the charge against close-range blasting, declined to comment on the latest developments. Some residents have urged the city to place a moratorium on all blasting -- even outside of 300 feet -- until further study is done.

Donner said the closest the blasting in MacDonald Highlands will get to homes is 117 feet.

In a proposed ordinance, the council will consider outlawing blasting of within 100 feet of homes. Some council members, however, said they may want to increase that distance.

The council will conduct a public hearing on the proposed ordinance on July 19.