The fight over mining in Parleys Canyon took another twist Monday, as Utah officials approved a plan for "small mining operations" at a proposed quarry — months after Salt Lake County passed an ordinance banning mining in the area.
John Baza, director of the Utah Division of Oil, Gas and Mining, approved Granite Construction’s request to operate a mine within a 20-acre space owned by Tree Farm, LLC, near Mount Aire, though the company must receive additional permits from local and federal agencies before operations can begin.
“Prior to commencing mining operations, Granite shall obtain all necessary permits and approvals required by county, state and federal regulatory agencies and authorities having jurisdiction over any aspect of Granite's mining operations,” Baza wrote in a 22-page document, explaining the process, input and methods behind the division's decision.
He also wrote that Granite Construction is required to use "best practices" to fence or secure the mining site, post traffic signs, only blast and excavate during daylight hours, take precautions to "minimize and monitor" seismic disturbance, and comply with all restrictions imposed by any fire agency during a high fire danger period.
Baza added that the company must "comply with all other statutes, rules, regulations and ordinances applicable to its mining operations," including zoning, safety, air and water pollution components.
Jesse Lassley, Tree Farm's owner, initially filed a request for both a 20-acre and a 600-acre mine at what is known as the I-80 South Quarry Project in November 2021. The proposed mine aims to dig for granite, limestone, trap rock and other materials needed for construction, especially as Utah’s Wasatch Front grows.
The state Division of Oil, Gas and Mining denied the initial small operations request weeks later, so it could instead review the larger request, which goes through a more strenuous process. For instance, the division is not required to hold public hearings or accept public comments on small mine operations, but that is required for large operations.
After an initial appeal of the December 2021 decision, Tree Farm decided to drop its appeal in March and withdraw its 600-acre plan, too, so it could retool its application. Monday's ruling came after Granite Construction, which was brought on to operate the mine in January, filed a new notice of intention to mine within a 20-acre plot of the I-80 South Quarry on June 15.
Baza wrote that his decision is based on "findings of fact, conclusions of law and analysis," also noting that Granite Construction will be required to submit a large mine application and "provide additional surety to cover reclamation of the larger area as part of the application process" in the future if it decides to expand mining operations.
Matt Lusty, a spokesman for Granite Construction and the I-80 South Quarry Project, applauded the decision in a statement to KSL.com on Tuesday, saying that the state agency "met its statutory obligation" to review and approve the request.
"Our mining application has proceeded transparently and in compliance with all relevant laws and regulations to this point, and will continue to do so," his statement reads, in part, adding that the company is well aware "there will be ongoing regulatory requirements that we must meet."
That includes approval from Salt Lake County, which approved an ordinance in April that bans mining and mineral extraction in forestry and recreation zones, such as Parleys Canyon. The ordinance was brought to the county council after residents and conservation groups spoke out about the proposed mine when details of it emerged.
"Active measures are necessary to protect our canyon environment and preserve recreation opportunities," said Salt Lake County Mayor Jenny Wilson, after the council voted on the measure.
A lawyer for Tree Farm argued at the time that the ordinance is "blatantly contrary" to a state law that prohibits ordinances that stop operations related to critical infrastructure materials. But county attorneys contended that there was "a strong legal basis" for the ordinance when the law was going through the county process in February.
The difference in laws means Monday's decision may not be the final word on the matter. Salt Lake County officials did not immediately respond to a request for comment on the ruling Tuesday morning.
Meanwhile, the group Save Parleys Canyon, a partner of the nonprofit Save Our Canyons, which also opposes mining operations, issued a statement on its website blasting the ruling.
"This announcement is consistent with our belief for how abysmal Utah's laws and regulations are for protecting land, air, water, people and communities," the statement reads, in part. "Having another dusty mine, compounded by a dusty lake bed, next to the most populated region, the commercial center of Utah, is inappropriate, dangerous, but the epitome of the Utah way — a lack of care for the people and places that make (made) Utah great."
