The Oriental Negros government has no basis for canceling the quarry operation at the Nagbalaye River in Sta. Catalina town, the Provincial Legal Office said, in dismissing the petition to cancel the operation.

Provincial legal officer Erwin Vergara said the Capitol has received the recommendations of an environmental inspector, Boy Noreco, who was sent to the province to verify the complaints raised by more than 30 residents and landowners along the banks of the Nagbalaye River.

Vergara said the Noreco's report to the Environment and Natural Resources Management Division of the province showed that the quarry operator, HN Construction, had complied with the conditions of the special permit issued by Gov. George Arnaiz. The HN Construction was allowed to do quarry operations in the river to decongest it of deposited sand and gravel that affect water flow.

The provincial government issued the special permit to Efren Nuique on February 10, 2006 and it is valid until April 10.

The petitioners, however, had complained that the operator manipulated the conditions set by the permit and the requirements issued by the Department of Public Work and Highways.

Florante Init, officer-in-charge of the 3rd Engineering District of DPWH had earlier reminded Nuique not to dredge within 200 meters from the bridge.

"The dredging depth as required by the personnel of the ENRMB should be properly observed to avoid damage of structure and the river banks," Init said.*RG

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