TOLEDO – On Monday, Sept. 15, the Administrative Board of Zoning Appeals voted to uphold a notice of non-compliance against Rocky Ridge Development (RRD) for mining in a residential area near Angola Road and South Byrne Avenue.
Ed Moore, the managing director of RRD, was the main voice on behalf of the company, who said the notice of non-compliance had many inaccuracies that needed to be corrected.
According to Moore, the city issued a “blanket notice of non-compliance that does not reflect the actual conditions on the site.” Issued back in July, the non-compliance order forced RRD to cease activity on four properties, two that RRD did not own and one which Moore said had not been excavated.
“Those three parcels were part of a planned expansion of the activity at 4004 Angola Road,” said Moore, adding that the “plan has since passed.”
Since Toledo City Council voted against changing the zoning to general industrial to accommodate mining near residential housing in the parcels near Byrne and Angola, Moore said the company had moved on with their plans.
“We want to close the site, and get out of the neighborhood,” Moore said. “The fastest way to do that is just to prepare it for agriculture.”

Moore said that RRD would like to backfill the excavation on the land with drinking water treatment material (DWTM), and cease its activity on the property.
Moore estimated this would take RRD 18-24 months to complete, and Moore offered to cover the top two feet of the land with topsoil. After this, Moore assured the board that the land could be used immediately for agriculture.
Since bringing materials onsite to fill the excavation would not violate the zoning, RRD hoped the city would listen to their appeal.
Unfortunately, Joshua Lewandowski, zoning compliance manager with the city’s planning department, said they issued the wetland permit that allowed RRD to fill the wetland with spent lime in error.
Because the spent lime came from the water treatment plant, Lewandowski said the area could not be classified as a wetland. “It should have been classified as a public utility and required a special use permit,” he said.
“We would be asking that no additional spent lime be added to the property, and that the site be brought back to where it was originally.” This request would involve RRD starting a new civil process.
Backfilling with spent lime “is allowed in residential; they [RRD] just need the special-use permits. They don’t need a zone change. But it gives the city some additional time to evaluate it and make sure that residents are fully aware of everything that’s happening,” Lewandowski said.
Acquiring a special-use permit starts in the planning commission and then goes to city council for a vote.
“We would have to regroup and think about that,” Moore said, and urged the board to rescind the order of non-compliance based on what he said was unspecific language.

At this point, the Board opened the appeal hearing up to comment, where a small group of individuals sat waiting to bring their complaints against RRD.
“This mining, whatever this idea was, is an absolute nightmare,” said Cynthia McCadney-Lee, who lives on Springburn Avenue. “I’ve been there 23 years. I’ve never had a flood; all of a sudden…it’s flooded. It’s absolutely horrible. I’m not going to ever agree with this.”
McCadney-Lee said her whole house shook from “whatever it is they’re doing in my backyard.”
After this, Toni Thomas, a retired engineering technician with the City of Toledo, made claims that RRD had damaged the land they had excavated by not backfilling it with 50 percent spent lime and 50 percent clay. Thomas also claimed RRD had buried something on the land, to which Charles Stansley, the owner of RRD, laughed with those representing him.
Quickly, after Thomas’ comments, Moore answered the accusation by assuring the board that the site at 4004 Angola Road is inspected regularly by the City of Toledo, the Ohio Environmental Protections Agency (OEPA) and the Ohio Department of Natural Resources (ODNR).
Lynn Adkins, of Fries Avenue, then advised the board not to trust RRD. “They’re wanting to stay and continue with their work, which destroys our neighborhood,” she said.

After another barrage of negativities spoken against RRD from south Toledoans, Chris Parker, an attorney for RRD, emphatically urged the board to strictly enforce the code and rescind the non-compliance order.
“We want to be out of the neighborhood,” Parker said, and shared that the company had stopped mining. “We want the site reclaimed so that we’re in compliance with the State of Ohio consistent with the permit that was issued.”
To this aggressive push, Lewandowski spoke of why RRD was still not in compliance even though RRD was not actively mining.
“There was no authorization for a mine to happen at all,” Lewandowski said. “So any material that has moved from the site, even if there’s no activity currently, is still in violation. Because materials have left the site, it meets the definition of mining. We never authorized that.”
Furthermore, Lewandowski said any permits acquired with the State of Ohio were done so under the incorrect pretense that RRD was in compliance with the local municipality, and then circled back to his first point.
“Material left the property, so until that is corrected, they [RRD] are still in violation of mining,” he said.
Stansley and his crew looked confused. After the ruling against them, Stansley said he didn’t know what the next step was to rectifying the stop work order.
At the end of Lewandowski’s time before the board he said, “I just want to let the applicant know that the city’s interpretation of any additional spent lime is going to require additional approvals from the city.”
A back and forth persisted for a few speakers between RRD representatives and members of the community, and eventually was halted for the vote in favor of upholding the non-compliance order.
Moore initially gave no comment after the rejection of the appeal, but Stansley said he didn’t know what the company’s next moves were. “All we’re trying to do is close out,” he said.
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