Line Camp gravel pit on hold for additional permits

Line Camp gravel pit on hold for additional permits

August 23, 2001

By Jim Mimiaga
Journal staff writer

Construction of the controversial Line Camp gravel pit has been stalled pending industrial water-use permits and highway-access approval from the Colorado Department of Transportation.

"We probably will not be doing much out there until spring when we have the rest of the permits," said Aryol Brumley, who applied for them under the company Four States Aggregate, LLC. "We’re in a holding pattern."

The company plans to mine high-grade sand and gravel over a five-year period on 18 acres at the Line Camp property, located six miles north of Dolores.

Initial dirt work for the first phase has begun on a five-acre portion. Topsoil has been stripped and piled onto berms to hide the yet-to-begin mining operation. Reseeding has begun on berms, and an experimental hole exposing gravel and groundwater was also dug, Brumley said.

Four States faces some permit hurdles before mining can begin. Meanwhile opponents and their lawyers are lining up to challenge it in court. Jim Preston, attorney for mine challengers Carol Stepe and Jack Akin, requested a re-hearing of the case in front of the Mined Land and Reclamation board, which heard arguments Wednesday. As of press time a decision had not been announced.

Preston has also filed an appeal on behalf of his clients in Denver District Court to overturn the MLRB permit granted in May, but said that would be put on hold if a reconsideration hearing is allowed. Mine objector and Dolores River conservationist, Marilyn Boynton, has also obtained legal representation in the case.

As required by the state, the mining operation obtained a high-impact permit by the Montezuma County Commission last September, contingent on the appropriate state permits being obtained. This summer’s start-up work has the commission and state water officials concerned.

"I think we need assurances from Four States that they will follow the permit we issued based on approval of the rest of the permits," said commissioner Gene Story. "If not, that would be a violation of our permit."

Ken Beegles, water engineer for District 7 covering Montezuma County water-use issues, confirmed Wednesday that the test hole exposing groundwater is not legal without the proper water augmentation permit. To protect senior downstream water rights, the plan must stipulate what water will be used to offset evaporative loss from exposed groundwater. But that permit has yet to be approved, he said.

"In the process of a preliminary-enforcement action, we have requested that they fill in the hole that is exposing the ground water," Beegles said. "I do not think they were aware of the state groundwater laws so we sent out a letter informing them."

The mistake prompted Preston to petition for a preliminary injunction in Cortez District Court to halt the mine until compliance will all rules and regulations with the state and county. That decision is also pending.

The legal representative for Montezuma County was out of town and unavailable for comment.

Line Camp owners and mine operators must also file for a change of water-rights on the property from its current agricultural use to industrial use in Colorado Water Court. A potential snag, Beegles said, is that agricultural water use is seasonal while industrial use is year-round, a potential problem for McPhee reservoir’s senior water rights.

"If McPhee came up short in a dry year, they have to be able to put a call on that water," Beegles said.

On Friday, Brumley said he is appealing CDOT requirements for the mine’s access off highway 145.

"They are requiring more than we think is necessary, and it is driving up our costs," he said.

The mine is located on the east side of Highway 145. Four States is agreeable to right-turn deceleration and acceleration lanes going into and out of the mine site. They are challenging the need for trucks exiting the mine to the south to have a left-turn acceleration lane.

"As we understand the rules, that lane is not needed because there is enough sight distance," he said.

In a July letter to Four States, CDOT explained that while the sight distance is adequate, other factors such as the narrow road, minimal shoulders, high gravel-truck volume and high-speed through traffic on Highway 145 justify an acceleration lane for trucks turning left onto the southbound lane.

"The left-lane acceleration will allow trucks to obtain reasonable speed, thereby lessening the possibility of broadside or rear-end accidents," the letter stated. CDOT is also suggesting that guardrails be installed to improve safety.

During public hearings on the issue, crowds of protesters voiced concerns about increased dust, noise and traffic attributable to the operation situated on the banks of the Dolores River. The mine’s impacts on water quality, wildlife habitat, natural views and nearby property values is also of concern.

Proponents countered that the "cement-grade" gravel specific to riverbeds fuels economies and creates jobs, especially in the booming construction and highway maintenance markets. Supporters point out that after McPhee Reservoir flooded the valley, gravel resource extraction concentrated in the remaining upper stretches of the Dolores.

The commission cited protection of private-property development rights and the general need for construction resources in approving the high-impact permit. Under the land-use-code, high-impact permits can be issued if mitigation is attached to minimize impacts on neighbors and the environment.

The mitigation plan stipulates that hours of operation be limited to between 8 a.m. and 5 p.m. Monday through Friday. Dust abatement, weed control, and traffic-law compliance by truckers are also required to be upheld by the operators. An oversight board to monitor reclamation is also being formed, and a $10,000 bond is required to cover post-mining improvements by the landowner.