Commissioners grant permit for Pit Acres

Work will resume this week at a gravel mining operation site near Sidney that in recent years led to a court battle and permanent injection preventing such activities.

The Cheyenne County Commissioners unanimously approved a conditional use permit on Monday for Pit Acres for gravel mining, crushing and washing, as well as asphalt and concrete batch plants.

Monday’s decision is another victory for Pit Acres. In recent months, the company received a similar conditional use permit for the western half of the property and saw a permanent injection relating to the eastern half of the land – the portion affected by the permit issued Monday – lifted.

The property, located west of Sidney, was previously owned by Raymond and Teresa Kuehn but is now held by Pit Acres – a company for which the Kuehns are primary shareholders.

The site is the former location of Pine Bluffs Gravel and Excavation. In 2013, the county issued that company a cease-and-desist order, alleging work on the property violated permissible uses.

The case ultimately made its way to Cheyenne District Court. In addition to ordering the company to stop operations, a permanent injunction against the Kuehns and the company was ordered.

Monday’s approval came with a list of conditions, drafted by the County Planning and Zoning Commission.

Trucks will not be allowed to access the site via County Road 99 and instead must use U.S. Highway 30. Additionally, all gravel washing and cement mixing must take place a quarter mile from the nearest residence. Operations are also limited to occur only between 6 a.m. to 6 p.m. on weekdays and from 7 a.m. to noon on Saturday.

The conditions further require dust abatement considerations and a reclamation plan.

The permit means Pit Acres can begin reclamation on the eastern portion of the eastern half of the property where mining operations were previously conducted. Because that area falls within a quarter mile of the property’s boundary, no further mining will take place there.

At Monday’s meeting, county resident Randy Sutton said he was concerned approval of the permit would allow the company to mine wherever it wished on the property.

He also brought up the problems that had occurred on the site in the past.

In response to that comment, Commissioner Chairman Darrell Johnson said that wasn’t part of Monday’s discussion.

“We’re not here to discuss that today,” he said. “Either we approve this permit or we deny it. I think that’s what we’re here for.”

After all in attendance had been given an opportunity to speak, Commissioner Philip Sanders made a motion to approve the permit per the Planning and Zoning Commission conditions.

The motion passed unanimously.