Public Comment : North Lamar County Citizens Association

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, 21^st 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

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

Rock Quarry Maps - GA

Rock Quarry Maps - GA

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