HERMANN – Late-night rock hauling and the use of a noisy braking system is causing Gasconade County officials to reconsider the good-neighbor policy put forth by Capital Aggregates regarding the First Creek Road quarry.

Ben Busch, a resident of First Creek Road and a supporter several weeks ago of plan to reopen the quarry to mine rock for the data centers being developed in Montgomery County, Thursday morning asked the Commission to help his family get some sleep that’s being interrupted by the overnight hauling of rock from the quarry.

The main source of irritation appears to be the use by the dump trucks hauling the rock of the Jake brake system as it reaches the intersection of First Creek Road and Highway J.

A Jake brake – short for Jacobs Engine Brake – is a system that essentially converts the truck’s engine into an air compressor that forces air out exhaust system. It slows the engine and is often used by heavy trucks on downhill grades, designed to save wear and tear on brake pads.

Forcing air through the exhaust system causes a big noise that, in town, reverberates off buildings. Some towns don’t allow the use of a Jake brake. In the late-night quiet of a rural area, such as along First Creek Road, the sound can travel a significant distance.

Presiding Commissioner Tim Schulte, R-Hermann, asked Gasconade County Prosecuting Attorney Mary E. Weston to talk about the situation affecting the Busch family. “I don’t believe there is a legal remedy to this situation,” Weston said.

Both Weston and Sheriff Scott Eiler, who attended last week’s Commission session, told county administrators that state law does not provide a legal-action response to such a situation. Neither can Gasconade County restrict the use of a Jake brake because as a 3rd-Class county it does not have ordinance-making authority, as does a municipality.

Short of that, it seems about the only thing county officials can do is talk more with the quary operator. However, Capitadl Aggregates are using independent contractors to haul the rock, which means the company holds little sway over the drivers’ use of a Jake brake.

The County Commission came a way from a meeting several weeks ago with a Capital Aggregates official, the quarry manager and a blasting company representative voicing optimism about the First Creek Road operation after the company official gave assurances it would work to be a good neighbor regarding the quarry operation as well as helping with dust control and maintenance of First Creek Road.

But on Thursday morning, county officials talked of their disappointment about the damage being done to the county road by the heavy trucks. That was pointed out by Busch. “They’re making a mess out of that road,” he said.

There is a concern held by county officials that some of the trucks might be hauling bigger loads than they should. Overweight trucks is an issue being dealt with by Montgomery County officials. Being over the weight limit contributes to road damage.

Schulte said the county is not at odds with Capital Aggregates. “We’re not against the quarries,” he said. “But I’m very sympathetic with Ben,” the presiding commissioner added.

As for the trucks hauling during then night hours, Schulte said the president of the quarry company told him that after last week there would be no more night hauling.

In other matters, the Commission granted approval to Gasconade County Enhanced-911 the authority to check the county’s sales tax records with the Missouri Department of Revenue to check the exact source of revenue. “We’re trying to find out exactly where our money is coming from,” said E-911 Administrator Michael Lockhart.

The 911 program receives money from general sales tax and from a portion of the county’s 1.325-cent Use Tax.