Gravel-pit lawsuit awaits decision on Mined Land permit

Gravel-pit lawsuit awaits decision on Mined Land permit

Mar. 13, 2001

By Jim Mimiaga
Journal Staff Writer

The Montezuma County commissioners agreed Monday that a lawsuit filed against them for approving the controversial Line Camp gravel pit needs to await the outcome of the state’s permitting process before moving forward.

Jim Preston, an attorney representing property owners Carol Stepe and Jack Akin, requested that the case be put on hold temporarily to allow the Colorado Department of Natural Resources time to decide on the issuing of necessary permits.

"We want to suggest to (district-court Judge Sharon) Hansen to put the case on hold, because if the permits are not issued at the state level than the case is moot," Preston said. "The same issues will be raised at the state level anyway, so waiting (for that outcome) would benefit everyone."

He added that if the Mined Land Reclamation Board grants Four States Aggregate the permit to mine gravel next door to his clients, they will appeal. Akin and Stepe have filed suit against the commission, arguing that their property rights were unfairly compromised when the high-impact permit was approved.

The commission was generally agreeable to waiting for the state to complete its process, but emphasized that they did not want to get dragged into that aspect of the issue.

The commission’s approval for the mine was contingent on the operator’s obtaining appropriate state permits for mining, reclamation, air quality and transportation access.

The Line Camp gravel-pit proposal exceeded county development standards for noise, dust and traffic, prompting several public hearings held for the consideration of a high-impact permit.

Despite vocal opposition to the proposed mining operation on the banks of the Dolores River, the commission approved the permit, citing demand for gravel and the right for private landowners to develop their property.

Mitigation in the form of a reclamation bond, restricted hours of operation and the formation of a watchdog committee to oversee reclamation were also put in place as part of the pending permit.

The gravel mine would be situated on an 18-acre section of property used by the Line Camp Chuckwagon. The scenic area along the Dolores River is experiencing growth impacts involving expanding housing development in the midst of several nearby gravel-mine operations.

A public hearing on the issue will be held by the Division of Minerals and Geology at noon on Thursday at Dolores Town Hall. Comments on the topics of water quality, water quantity, and reclamation in regards to the Line Camp proposal will be taken for the record.