After a court-ordered public hearing in April, Maverick Rock was granted permission to mine in Daniels Canyon.
Wasatch County is fighting that decision in a Court of Appeals case, but in the meantime, it must comply with state requirements to move the project forward.
Deputy county attorney Alex Stoedter told the council Wednesday, July 1, a settlement agreement lets the county require limited environmental mitigation while it waits for the higher court’s decision.
“I know the council isn’t wanting to do this, but I think we have to recognize, given the situation we’re in, this is the best outcome we can get for now while we continue to fight on appeal,” he said.
In other words, Stoedter said something is better than nothing.
The settlement agreement comes after county leaders said the mine could endanger the public. It includes mitigation measures for water, air quality, traffic and more.
The land in question is over 400 acres along U.S. 40, south of Heber. Maverick plans to extract one million tons of limestone and quartzite from the Daniels Canyon site every year. The company will start with a small mining permit for about 19 acres, then expand operations later.
Councilmember Luke Searle wanted more time to decide, but Stoedter said the settlement agreement was time sensitive.
“This is the best deal we’re going to get,” he said. “We’ve been negotiating vigorously for two weeks. It started out a lot worse, I’ll say that. And so, we’ve done everything we can to get the best deal we can. If we continue it to next week, it could be gone – I’m pretty confident it will be.”
Without a settlement, Maverick wouldn’t need to follow the county’s requests. It could also file a new lawsuit, leaving any mitigation measures up to a judge.
Councilmember Mark Nelson agreed the settlement was the best option available.
“As unsavory as it is, I think it’s the best path for us,” he said.
Councilmembers Mike Murphy, Erik Rowland and Spencer Park agreed with him, voting to approve the settlement. Colleen Bonner and Luke Searle voted against it. Kendall Crittenden was absent.
Meanwhile, the county’s appeal continues. If Wasatch County prevails, Maverick would need to stop work and apply for a conditional use permit instead.
County Manager Dustin Grabau said the mine would still probably need to be approved, but the county could impose stricter environmental standards.
“We would have more latitude in what types of requirements we could require through that CUP, but to be more explicit, we could not say no if they applied and complied with a conditional use permit process under our code,” he said.
Many leaders and locals from the Town of Daniel attended Wednesday’s meeting to share their opposition to the plans.
