 |
NORTH LAMAR COUNTY CITIZENS ASSOCIATION
P.O. Box 516
Milner, Georgia 30257
"QUALITY GROWTH, QUALITY LIFE" |
January 12, 2008
Via Certified Mail Return Receipt No. 1555474410048138605
Maribeth Petrizzi
Chief, Litigation li Section
Antitrust Division, U.S. Department of Justice
1401 H Street, N.W.
Suite 3000
Washington, DC 20530
Re: USA DOJ v. Vulcan Materias Company and Florida Rock Industries, Inc., Case: 1:07-cv-02044
Dear Ms.
Petrizzi,
My name is Jonathan Sexton. I am President of the North Lamar County Citizens Association. Please consider
this to be our comment pursuant to the Tunney Act regarding the proposed consent decree and the merger of Vulcan
Materials Company (Vulcan) and Florida Rock Industries, Inc. (FRI). I read the complaint and the impact with some
interest. Let me bring to your attention a major issue that was left out of the impact statement with respect to the
anti-competitive effect of this merger on the South Atlanta and Southeast Atlanta markets.
In examining the proposed consent agreement with respect to the South Atlanta and Southeast Atlanta markets,
there has been a glaring omission. In paragraph 2(B)(2)(d) and (e) there is no mention of the FRI quarry in development
in Lamar County. This quarry is only 9.89 miles from the Vulcan Butts County quarry that is mentioned and is being
divested. The Lamar County Quarry is 23 miles from the FRI Griffin Quarry and 29 miles from the Vulcan Stockbridge
Quarry. We know that the DOJ is aware of this quarry as I have personally had conversations with Helena Jolly (Gardner)
regarding this specific quarry. The quarry received Georgia EPD surface, air, and water permits on November 9, 2007. (A
copy of the permits are attached as Exhibit A). This quarry encompasses 588.50 acres in Lamar County and has been
described by FRI in public hearings as "one of the best deposits of granite in the State of Georgia outside of Stone
Mountain."
As discussed in the impact statement, the issue is competition and competitive pricing in the aggregate industry
is typically determined by plant and service locations. Vulcan plans to serve southeast Atlanta with not only the Butts
County Quarry but the huge 588.50 Lamar County Quarry. Allowing Vulcan and FRI to operate the Lamar County Quarry
effectively nullifies the effect on competition of the divesting of the Butts County Quarry, Vulcan will have effectively ringed
in and roped off the southeast Atlanta area from competition if it is allowed to operate this large Lamar County Quarry.
Attached as Exhibit 2 is a map of quarries in the area. Flag A is the Butts County Quarry. Flag B is the Lamar County
Quarry. Flag R is the Griffin Quarry. All of the blue flags expect for A are competitors. All of the orange flags are Vulcan
and FRI quarries. As you can see, the Lamar County Quarry is centered between the Butts County Quarry and the Griffin
Quarry. There is no major competition in this area of South and Southeast Atlanta.
There is also an error in paragraph 24 of the complaint and impact statement. Paragraph 24
of the complaint and paragraph 2(B)(2)(d) of the Impact Statement refer to an unnamed competitors
quarry located in College Park, Georgia that acts as a competitor to Defendants. According to the
Mining Directory of Georgia, 21st Edition, Georgia Department of Natural Resources, Environmental
Protection Division, there is no such competitor's quarry in College Park, Georiga. We are unaware of
any such quarry.
Clearly, failure to address competition in light of the Lamar County Quarry makes the Consent Agreement flawed
and in error with respect to decreasing competition and increasing prices in South and Southeast Atlanta. Defendants
should be required to divest of both the Butts County Quarry and the Lamar County Quarry.
Sincerely,
_______________/s/________________
Jonathan P. Sexton
President, North Lamar County Citizens Association
| Cc: | Honorable Emmet G. Sullivan,
Judge, United States District Court for the District of Columbia |
EXHIBIT "A"
|
PERMIT NO. GA0038768
STATE OF GEORGIA
DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Georgia Water Quality Control Act
(Georgia Laws 1964, p. 416, as amended),
hereinafter called the "State Act;" the Federal Water Pollution Control Act, as
amended (33 U.S, C. 1251 et seq.),
hereinafter called the "Federal Act;" and the Rules and Regulations promulgated
pursuant to each of these Acts,
Florida Rock Industries, Inc.
200 Rockwood Road
Tyrone, Georgia 30290
is authorized to discharge from a facility located at
Florida Rock Industries, Inc. - Lamar Quarry (SIC Code 1423)
Georgia Highway 36 East of
Barnesville
Barnesville, Lamar County, Georgia 30204
to receiving waters
Little Buck Creek
(Ocmulgee River Basin)
in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, II and III hereof.
This permit shall become effective on November 2, 2007.
This permit and the authorization to discharge shall expire at midnight, September 30, 2012.
 |
Signed this 2nd day of November, 2007.
_______________/s/________________
Director,
Environmental Protection Division |
|
 |
State of Georgia
Department of Natural Resources
Environmental Protection Division
Air Protection Branch |
 |
Permit No.
1423-171-0012-B-01-0 |
AIR QUALITY PERMIT |
Effective Date
NOV 2 2007 |
In accordance with the provisions of the Georgia Air Quality Act, O.C.G.A. Section 12-9-1, et seq
and the Rules, Chapter 391-3-1, adopted pursuant to and in effect under that Act,
| Facility Name: | Florida Rock Industries, Inc. - Lamar
Quarry
|
| Mailing Address: | 200 Rockwood Road
Tyrone, Georgia 30290 |
is issued a Permit for the following:
Operation of a granite quarry, stone processing plant, and associated air pollution control
equipment.
| Facility Location: | State Road 36
Barnesville, Georgia 30204 (Lamar County) |
This Permit is conditioned upon compliance with all provisions of The Georgia Air Quality Act,
O.C.G.A.
Section
12-9-1,
et seq,
the
Rules,
Chapter
391-3-1,
adopted and
in
effect
under
that
Act, or
any other
condition of
this
Permit.
This
Permit
may be
subject
to revocation,
suspension,
modification
or
amendment
by the
Director for
cause
including,
evidence of
noncompliance with any of the above; or for any misrepresentation made in
Application No. 14620 dated July 25, 2003; any other applications upon which this Permit is based;
supporting data entered therein or attached thereto; or any subsequent submittals or supporting
data; or for any alterations affecting the emissions from this source.
This Permit is further subject to and conditioned upon the terms, conditions, limitations, standards,
or schedules contained in or specified on the attached 9 pages, which pages are a part of this Permit.
|
|
_______________/s/________________
Director
Environmental Protection Division
|
|
|
State of Georgia
Department of Natural Resources
ENVIRONMENTAL PROTECTION DIVISION |
 |
SURFACE MINING PERMIT
| Permit Number: 1471-07 | Date Issued: November 2, 2007
|
| Permittee: | Florida Rock Industries,
Inc.
200 Rockwood Road
Tyrone, Georgia 30290 | Operation: Larnar Quarry
|
| County: Lamar | Permitted Acres: 589 |
In accordance with the provisions of the Georgia Surface Mining Act of 1968, O.C.G.A.
§12-4-70, et seq., and the Rules of the Georgia Department of Natural Resources, Chapter
391-3-3, Surface Mining, both as amended, this Permit is issued for the surface mining
operation as recorded hereon and presented in the Application received on September
23, 2003 and the Mining Land Use Plan approved on August 23, 2007.
This Permit is conditioned upon the Operators continued compliance with the provisions
of the Georgia Surface Mining Act of 1968, O.C.G.A. §12-4-70, et seq., and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-3, Surface Mining, both as
amended; the provisions of the Approved Surface Mining Land Use Plan and Approved
Amendments, if any; and any special conditions which may be attached to this Permit.
This Permit shall be rendered null and void should the mining activity not commence
within twelve (12) months from the date this Permit becomes final, or should cessation of
mining occur for a period of eighteen (18) months without the Operator obtaining an
inactive status classification through an Approved Amendment of the Surface Mining
Land Use Plan.
|
|
_______________/s/________________
Carol A. Couch, Ph.D.,
Director Environnemental Protection Division
|
|
EXHIBIT "B"
Rock Quarry Maps - GA
Vulcan
Greer Dairy Road Jackson, GA 30233
Distance: NaN mi
red |
A |
|
Florida Rock
474 Chappell Mill Road Milner, GA 30257
Distance: 9.89 mi
orange |
B |
|
Vulcan
900 Lois St NW
Atlanta, GA 30318
Distance: 44.63 mi
orange |
C |
|
Quarries Inc
Lexington Carlton Rd
Crawford, GA 30360
Distance 49.42 mi
green |
D |
|
Ga-Carollna Quarries, Inc.
Billy Stephens Rd
Lexington, GA 30648
Distance: 65.64 mi
green |
E |
|
orange County Quarries, Inc.
Liberty Church Rd
Siloam, GA 30665
Distance: 55.62 mi
green |
F |
|
Sweet City Quarries
1706 Athens Hwy
Elberton, GA 30635
Distance: 83.97 mi
green |
G |
|
Quarries Inc
6971 Danburg Rd
Tignall, GA 30668
Distance: 88.75 mi
green |
H |
|
Florida Rock
100 Lees Mill Road
Forest Park, GA 30297
Distance: 33.24 mi
orange |
I |
|
Hanson Aggregates
6978 Rogers Lake Road
Lithonia, GA 30058
Distance: 32.85 mi
green |
J |
|
Hanson Aggregates
100 Peggy Lane
Tyrone, GA 30290
Distance: 38.04 mi
green |
K |
|
Florida Rock
240 Rockwood Road
Tyrone, GA 30290
Distance: 38.37 mi
orange |
L |
|
Martin Marietta
301 Park Mill
Rd Auburn, GA 30011
Distance: 53.21 mi
green |
M |
|
Martin Marietta
7856 Hwy 80 N
Thomaston, GA 30286
Distance: 31.96 mi
green |
N |
|
Georgia Stone
1870 Liberty Church Road
orangesboro, ga 30642
Distance: 51.11 mi
green |
O |
|
Vulcan
Vuican Material Road
Lagrange, GA 30240
Distance: 62.43 mi
orange |
P |
|
Vulcan
5414 Buffing Road orange Oak, GA 30272
Distance: 38.71 mi orange |
Q |
|
Florida Rock
978 Rover-Zetella Rd
Griffin, GA 30223
Distance: 22.59 mi
orange |
R |
|
Vulcan
152 Rock Quarry Road
Stockbridge, ga 30281
Distance: 23.55 mi
orange |
S |
Rock Quarry Maps - GA
Vulcan
Greer Dairy Road Jackson, GA 30233
Distance: NaN mi
red |
A |
|
Ftorida Rock
474 Chappell Mill Road
Milner, GA 30257
Distance: 9.89 mi
orange |
B |
|
Vulcan
900 Lois St NW
Atlanta, GA 30318
Distance: 44.63 mi
orange |
C |
|
Quarries Inc
Lexington Carlton Rd
Crawford, GA 30360
Distance: 49.42 mi
green |
D |
|
Ga-CaroLina Quarries, Inc.
Billy Stephens Rd
Lexington, GA 30648
Distance: 65.64 mi
green |
E |
|
orange County Quarries, Inc.
Liberty Church Rd
Siloam, GA 30665
Distance: 55.62 mi
green |
F |
|
Sweet City Quarries
1706 Athens Hwy
Eiberton, GA 30635
Distance: 83.97 mi
green |
G |
|
Quarries Inc
6971 Danburg Rd
Tignail, GA 30668
Distance: 88.75 mi green |
H |
|
Florida Rock
100 Lees Mill Road
Forest Park, GA 30297
Distance: 33.24 mi
orange |
I |
|
Hanson Aggregates
6978 Rogers Lake Road
Lithonia, GA 30058
Distance: 32.85 mi
green |
J |
|
Hanson Aggregates
100 Peggy Lane
Tyrone, GA 30290
Distance: 38.04 mi
green |
K |
|
Florida Rock
240 Rockwood Road
Tyrone, GA 30290
Distance: 38.37 mi
orange |
L |
|
Martin Marietta
301 Park Mill Rd
Auburn, GA 30011
Distance: 53.21 mi
green |
M |
|
Martin Marietta
7856 Hwy 80 N
Thomaston, GA 30286
Distance: 31.96 mi
green |
N |
|
Georgia Stone
1870 Liberty Church Road
orangesboro, ga 30642
Distance: 51.11 mi
green |
O |
|
Vulcan
Vulcan Material Road
Lagrange, GA 30240
Distance: 62.43 mi
orange |
P |
|
Vulcan
5414 Buffing Road
orange Oak, GA 30272
Distance: 38.71 mi
orange |
Q |
|
Florida Rock
978 Rover-Zetella Rd
Griffin, GA 30223
Distance: 22.59 mi
orange |
R |
|
Vulcan
152 Rock Quarry Road
Stockbridge, ga 30281
Distance: 23.55 mi
orange |
S |
Rock Quarry Maps - GA
Vulcan
Greer Dairy Road
Jackson, GA 30233
Distance: NaN mi
red |
A |
|
Florida Rock
474 Chappeil Mill Road
Milner, GA 30257
Distance: 9-89 mi
Orange |
B |
|
Vulcan
900 Lois St NW
Atlanta, GA30318
Distance: 44.63 mi
orange |
C |
|
Quarries Irtc
Lexington Carton Rd
Crawford, GA 30360
Distance: 49.42 mi
green |
D |
|
Ga-Carolina Quarries, Inc.
Billy Stephens Rd
Lexington, GA 30648
Distance: 65.64 mi
green |
E |
|
orange County Quarries, Inc.
Liberty Church Rd
Siloam, GA 30665
Distance: 55.62 mi
green |
F |
|
Sweet City Quarries
1706 Athens Hwy
Elberton, GA 30635
Distance: 83.97 mi
green |
G |
|
Quarries Inc
6971 Danburg Rd
Tignall, GA 30668
Distance: 88.75 mi
green |
H |
|
Florida Rock
100 Lees Mill Road
Forest Park, GA 30297
Distance: 33.24 mi
orange |
I |
|
Hanson Aggregates
6978 Rogers Lake Road
Lithonia, GA 30058
Distance: 32.85 mi
green |
J |
|
Hanson Aggregates
100 Peggy Lane
Tyrone, GA 30290
Distance: 38.04 mi
green |
K |
|
Florida Rock
240 Rockwood Road
Tyrone, GA 30290
Distance: 38.37 mi
orange |
L |
|
Martin Marietta
301 Park Mill Rd
Auburn, GA 30011
Distance: 53.21 mi
green |
M |
|
Martin Marietta
7856 Hwy 80 N
Thomaston, GA 30286
Distance: 31.96 mi
green |
N |
|
Georgia Stone
1870 Liberty Church Road
orangesboro, ga 30642
Distance: 51.11 mi
green |
O |
|
Vulcan
Vulcan Material Road
Lagrange, GA 30240
Distance: 62.43 mi
orange |
P |
|
Vulcan
5414 Buffing Road
orange Oak, GA 30272
Distance: 38.71 mi
orange |
Q |
|
Florida Rock
978 Rover-ZeteSla Rd
Griffin, GA 30223
Distance: 22.59 mi
orange |
R |
|
Vulcan
152 Rock Quarry Road
Stockbridge, ga 30281
Distance: 23.55 mi
orange |
S |
|
NORTH LAMAR COUNTY CITIZENS ASSOCIATION
P.O. Box 516
Milner, Georgia 30257
"QUALITY GROWTH, QUALITY LIFE" |
January 14, 2008
Maribeth Petrizzi
Chief, Litigation II Section
Antitrust Division, U.S. Department of Justice
1401 H Street, N.W.
Suite 3000
Washington, DC 20530
SUPPLEMENT TO COMMENT
Re: USA DOJ v. Vulcan Materias Company and Florida Rock Industries, Inc., Case: 1:07-cv-02044
Dear Ms. Petrizzi,
After sending our comment I realized there was no contact information included. Accordingly, below is my contact
information. Also attached are photos showing that FRI has already begun working at the Lamar County Quarry/
If you have any questions, please feel free to call me. Sincerely,
_______________/s/________________
Jonathan P. Sexton
President, North Lamar County Citizens Association
Contact Jonathan P. Sexton
Phone: 770-474-9335
Fax: 770-474-7113
Email:
jonsclerk@yahoo.com
|