Friday, May 6, 2005 | 9:59 a.m.
Henderson has issued a permit that allows scaled down blasting within 300 feet of homes in MacDonald Highlands and enables the city to evaluate the effect of the explosions before work can resume.
The city, however, put off a decision on reissuing a permit in a 91-acre section of MacDonald Highlands until the developer, Foothill Partners, submits a plan detailing the blasting. Only blasting outside of 300 feet of homes is allowed in that 91-acre subdivision.
Henderson had until Wednesday to comply with an order issued April 27 by District Judge Douglas Herndon, who ruled the city doesn't have the right to postpone for another month its decision on whether to allow blasting within 300 feet of existing homes.
Herndon didn't tell the city how to rule, only that they had to make a decision one way or another within five days after the developer submitted blasting plans.
The city issued the stop-and-review permit for the close-range blasting for Foothill Partner's 9-acre lot south of MacDonald Ranch Drive, west of a driving range at Dragon Ridge Country Club. The city had put off issuing the permit after suspending close-range blasting permits elsewhere in the city on March 24. The city is reviewing lifting at least one other suspended permit in Laurel Hills.
Randall Jones, the attorney for Foothill Partners, said he needs to discuss the matter with his client before understanding the full impact of the city's decision. But he said it's good news work can resume and that science will take preference over emotion.
"It is better than waiting three or four months and not getting any answers," Jones said. "If they allow us to proceed, that is progress."
Foothill hasn't disclosed a timetable on when it will resume blasting, but officials said it could be within the next two weeks.
Foothill Partners took the city to court to get the permits, arguing a further delay in preparing the site for construction of homes is costing the company money in interest payments and lost sales.
Henderson officials defended the suspension of permits to allow a consultant to evaluate the residents' claims that the blasts have caused cracks in walls and other damage. The city's consultant is about two weeks away from finishing a report, officials said.
"We have no proof that blasting is causing any damage at this time, but we are waiting on the consultant to provide additional information from her studies," said Henderson Deputy Fire Marshal Fulton Cochran.
The city's decision to issue the permit drew a swift rebuke from one of the homeowners leading the charge against the blasting. Glenn Christenson, who lives about 100 feet from where the blasting will be allowed, said he's disappointed the city didn't deny the permit. He said he doesn't understand the rationale for allowing the work to resume.
"It is hard to believe the city decided to side with a developer and allow them to blast in a residential neighborhood," Christenson said. "They have the right to deny it because it is causing damage."
Assistant City Attorney Mark Zalaoras said the city had no choice but to issue the permit based on the court order. There was no reason to deny it, and based on recommendations from a consultant, the city is building in safeguards, he said.
"We have no reason to believe it will (be a danger)," Zalaoras said of the blasting.
Under the city's permit, Foothill Partners will be limited in the intensity of the explosion as a further precaution to protect the neighborhood. The developer is limited to one blast after which the city will review seismographs and other data to evaluate the impact near homes before deciding whether blasting can continue, city officials said.
The developer will have to notify residents when the blasting is occurring and keep traffic at least 1,000 feet away from the explosion, Zalaoras said.
Henderson Councilman Andy Hafen, who represents the neighborhoods where the blasting has taken place, said the city couldn't deny the permit based on testing and studies that the consultant has done. He said the city has been diligent by placing tighter restrictions and a thorough review will be done after a test blast.
"I am very encouraged for at least this one blast," Hafen said. "It will be monitored heavily."
Dave Donner, the owner of Donner Drilling & Blasting, which is doing the blasting in MacDonald Highlands, said the city's new conditions will reduce the intensity of his blasts about 30 percent. Henderson already is considered to have the strictest blast ordinance in the state and will add 22 new conditions, he said.
Donner said those new regulations will likely result in more blasts to achieve the same impact and therefore higher costs. Normally, he said, he could blast every other day under the old requirements. Donner uses ammonia nitrate to set off the blasts in the ground.
The city's ordinance restricts blasts to 0.5 vibrations per second and 120 decibels. Henderson is mulling amendments that may make the ordinance even more restrictive.
Hafen said the ordinance could go to the City Council in June, but doesn't know what form it will take.
"I want us to adopt anything that will help us maintain the peace and safety of the residents," Hafen said.
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