Cortez Journal

Gravel pit doesn't fit, residents say

July 18, 2000

By Jim Mimiaga
Journal Staff Writer

After listening for two hours to a vocal crowd of 60 largely opposed to the plan, the Montezuma County commissioners Monday held off on their final decision about a proposed gravel pit in the Dolores River Valley.

The high-impact permit sought by Four States Aggregate is to mine sand and gravel from an 18-acre parcel along the Dolores River on a portion of property owned by Val Truelson. The site, currently used as an RV park, is located nine miles north of Dolores on the east side of Highway 145 near the Line Camp.

"Getting used to gravel pits is like getting used to a toothache," said Tom Cole, who lives near the proposed gravel pit. "It’s one thing to own a construction site but another to live next door to one."

But Aryol Brumley, co-owner of Four States, assured the commission that noise, dust, and transportation concerns derived from the plant would be mitigated accordingly once the county permit was issued.

According to the permit application, access is off Highway 145, with estimated truck traffic to be 30 round trips per day. Topsoil stripped from the land during mining would be piled into a 10-foot high berm to lessen noise, Brumley said, and the crusher used to pulverize gravel into a usable product would be lowered into the pit to help deflect sound. Dust would be controlled through the use of water trucks and water spray bars on the crusher.

Under the plan, gravel could be mined or crushed between the hours of 7 a.m. and 6 p.m., except for 21 days every year where the operation could continue as much as 24 hours a day in order to meet demands for big highway projects. Brumley said. He said that this particular site would be mined for up to five years.

Four States must also obtain a Colorado Mine Reclamation permit, a CDOT access permit, a Colorado wastewater discharge permit, a construction permit and air-pollutant emission notice.

The commission said that it is not safe to assume that those agencies would address problems discussed by those against the gravel pit, and therefore it was up to the commission to make sure that they are if a permit is approved.

"Things could fall through the cracks with the state, and they may not address issues that we assumed they would. So we need to know what the state will require before we make a decision," Story said.

The commission requested more information from Four States Aggregate regarding what state reclamation requirements are regarding gravel pits, how water rights would be affected by the operation, and the expectations that CDOT has about the entrance. They also requested a detailed plan from Truelson on how he will reclaim the land once the mining has stopped.

All but one of the audience members who spoke were against another gravel pit being put in the scenic valley, and urged the commission to deny the permit.

Complaints included concerns about the operation’s effects on quality of life, tourism, wilderness, property values and highway safety.

"The smoke and dust and noise from all of these gravel pits is flowing up and down the valley and spoiling the San Juan Skyway," said Carol Stepe, a landowner near the proposed operation. "This should not be allowed to go forward because the other pits up the valley have done so badly."

"We are outdoors people and we want to enjoy our lands and listen to the birds and wildlife," said Sue Bieber, who owns property one-half mile from the site. "There is already a gravel pit some distance away and we hear the crushing and beeping. That is tolerable, but this one is much closer and will affect us more directly."

Property rights secure the right to do business on private lands, but the rights of neighbors who moved to the valley for its natural qualities and lifestyle also needs protection, said Cheri Robinson.

In a letter to the commission, Robinson along with her husband Pete said that if the county authorized the operation "we would consider it a regulatory taking by diminishing our property value under the Fifth Amendment."

Robinson has spearheaded an effort to stop the project, and asserts in her letter that "should this move forward, we would be forced to seek an injunction against the county, the property owner and the contractor in order to prevent any mining until the court would decide our rights."

What power the commission has to enforce requirements for reclamation outlined in the high-impact permit, so that the area does not become an eyesore, was another concern brought up by audience members.

"People are here today because they have seen what has happened," said Rollie Cundiff, who lives next door to a reclaimed gravel pit. "They screwed up the land, never planted one tree, and never did what they said they were going to do."

If a permit is violated, the problem is brought to the commission, which then decides if it warrants a legal challenge. If it does then the courts ultimately will decide if an injunction is needed to stop the offense.

"How much do we weigh in the decision?" asked audience member Cole.

Truelson said that he has recreation plans for the pit that will be left after the mining operation. He hopes to utilize the area to attract campers and RVs for use during the tourist months. Rounding the ponds into a more natural look and planting trees is part of that reclamation plan, he said.

Others wondered if more pits were planned for development on the 150-acre section of land near the Dolores River owned by Truelson. Brumley said that "right now" this is the only one, and urged the crowd not to evaluate him based on the mistakes of others.

"How can you be so quick to judge me?" he said. "I’m willing to be a good neighbor. We know it is a scenic area."

Art Neilson spoke in favor of the gravel pit, citing the demand for gravel and vouching for the honesty of Brumley and his business partner, Terry Gorsuch.

"WIth good planning, things can be worked out, and I will speak to the integrity of these two," Nielson said. "The permit allows for mining, but at the same time they leave the property in a manner that we can be proud to look at. These ponds can be made attractive" with inlets and shallow areas, he said.

But another man in the audience said promises need to be enforced.

"He says he wants to be a good neighbor, but these things need to be in black and white, and then enforced," he said. "Our life savings is in my property, and the value could be cut in half with the stroke of a pen."

The commission did not make a decision on the matter, and the public hearing was continued until Aug. 14 at 1:30 p.m.

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