A limestone mine near Soldier Summit in central Utah could close because its owner expanded mining activity beyond what was allowed by his permit.
The Utah Board of Oil, Gas and Mining last week revoked Dan Powell's small-mining license for his Cherry Hill Park Mine above Spanish Fork Canyon.
Powell, of Price, also failed to pay a $43,500 reclamation bond required for larger mines — which, if Powell is unable to pay, would come out of the pockets of Utah taxpayers.
Powell obtained a small-mining permit in 1992 for the limestone quarry on private land, just off U.S. Highway 6 near Soldier Summit.
Powell sold limestone to Deseret Generation and Transmission power plant in Bonanza, a small town in Uintah County, he said.
Coal-burning power plants use limestone to reduce pollution, but the power plant now mines its own limestone under a permit from the Department of Natural Resources.
Small-mining permits allow mining as long as operations don't affect more than five acres.
Evidence presented to the board showed that in July 1994, two years after Powell began mining, he had exceeded the five-acre limit.
Powell continued operations at the mine until March 1999, according to documents filed with the board. No mining has taken place since then at the quarry.
Powell and his company, Emery Industrial Resources Inc., grew to cover 19.7 acres, state regulators say, which would have required a large-mining permit to continue operations. Powell didn't pay the bond, and so never received the adjusted permit.
Powell said that while he never measured the site himself, he disagreed with the state's measurements. He estimated his mine has affected only eight acres — still exceeding the limits of his permit.
During Wednesday's four-hour hearing, Powell objected to nearly every motion. He objected to the credentials of every expert who was called to testify and at one point even questioned the court reporter's credentials.
Since 1994, when Powell first applied for the large-mining permit, he has been given numerous opportunities to post the $43,500 bond or begin reclamation, state officials said.
The board authorized the state to begin reclamation work and send Powell the bill if he doesn't post the bond or begin reclamation of the mine within 60 days.
If Powell goes out of business without posting the bond, the state would have to cover the reclamation costs.
Steve Alder, the state's attorney who presented the case to the board, said the mine should have been shut down and reclaimed years ago.
Reclamation required at the mine includes grading, covering the open-pit mine with topsoil and reseeding. These measures are necessary to prevent further erosion and to cut down on musk thistle and other plants the state classifies as noxious weeds.