Opponents Of Casper Gravel Pit Threaten Lawsuit If Governor Doesn’t Halt It

A group opposed to a controversial gravel pit planned for state-owned land near Casper Mountain sent a letter to Gov. Mark Gordon on Tuesday threatening legal action if he doesn’t halt it.

DK
Dale Killingbeck

May 08, 20246 min read

Casper Mountain Preservation Alliance Chairperson Carolyn Griffith thanks people for coming out on a Sunday afternoon to explore the School Section of land at the base of Casper Mountain.
Casper Mountain Preservation Alliance Chairperson Carolyn Griffith thanks people for coming out on a Sunday afternoon to explore the School Section of land at the base of Casper Mountain. (Dale Killingbeck, Cowboy State Daily)

CASPER — Members of the Casper Mountain Preservation Alliance fired off a letter to Wyoming Gov. Mark Gordon on Tuesday demanding the state put a hold on any gravel mining potential for 180 days or face legal action.

Meanwhile, the Natrona County Board of Commissioners at its Tuesday meeting were issued a personal invitation from the manager of a controversial proposed gravel mine operation on state-owned land near the base of Casper Mountain.

Prism Logistics Manager Kyle True of Casper appeared at the Natrona County Board Meeting to invite commissioners to a meeting at the Ramkota Hotel from 6:30-8:30 p.m. Thursday where he will talk about the gravel pit plans.

Prism has obtained leases from the state to operate on the parcel, known as the School Section, near Casper Mountain.

Under county zoning laws, commissioners have said True also would need to receive a conditional use permit from them before he could take gravel off the base of Casper Mountain.

“When I came before we talked about how this subject has garnered a great deal of public interest and there are many concerns and questions,” True said. “So, we think it is important to have a dialog to have something like this be discussed multiple times in a larger venue.”

Members of the Casper Mountain Preservation Alliance and others were at Tuesday’s meeting as well to speak against any future gravel mining on the mountain and voice concerns about water quality, loss of wells, dust, and a new issue — flood control.

‘Multiple Use Of State Lands’

True told commissioners he plans to discuss Thursday “how we can creatively and proactively address each of these concerns and in a proactive and creative way facilitate multiple use of our state lands.”

“School Sections have been mentioned,” True said. “The purpose of School Sections is to generate funds for the schools and to do that in a way that harvests what we need as a society from these lands, but maintain and preserve our natural environment and even leave it better than we found it.”

Rancher Bruce Coates, and Alliance member, told commissioners that he now understands the whole face of Casper Mountain is a designated federal floodway associated with federal flood insurance. He said changes to floodways would impact flood risks.

“Mining in a regulated floodway is generally not permitted or heavily regulated due to the environmental impact and risks associated with flooding,” he said. “Basically, this does not fall under DEQ now, it falls under EPA.”

Meanwhile, members of the Casper Mountain Preservation Alliance sent a letter to Gordon on Tuesday demanding the state Office of State Lands and Investments and Wyoming Department of Environmental Quality investigate “cascading errors” it found in both agencies’ processes. It also demands an investigation of Prism’s exploratory holes dug on the mountain earlier this year.

The group is demanding a 180-day hold on any potential limited mining operation.

Alliance Chairperson Carolyn Griffith said the group sent the letter out of concerns of a lack of compliance by the Wyoming Department of Environmental Quality and Office of State Lands and Investments with their own procedures.

“We are writing to demand immediate action to preserve the health, safety and homes of thousands of Wyoming citizens residing in Natrona County,” the Alliance letter states. “We are writing now to express equally profound concerns of the Wyoming Department of Environmental Quality and the Office of State Lands and Investments in their recent investigation and approval of Prism Logistics’ exploratory activities.”

Prism Logistics Manager Kyle True invited Natrona County commissioners to a presentation he plans to give on his proposed gravel mining near Casper Mountain and how it could be done in a way that would mitigate resident concerns.
Prism Logistics Manager Kyle True invited Natrona County commissioners to a presentation he plans to give on his proposed gravel mining near Casper Mountain and how it could be done in a way that would mitigate resident concerns. (Dale Killingbeck, Cowboy State Daily)

No ‘Due Diligence’

The group’s letter alleges the DEQ and Office of State Lands and Investments failed to properly vet Prism Logistics’ exploratory holes it dug on the mountain.

The group alleges three holes violated the DEQ distance required from a water source. It also challenges Prism Logistics’ assertion that during its test digs in February that Platte Creek, also referred to as Squaw Creek, was not running.

The Alliance said the creek is confirmed by the U.S. Geological Service as a perennial waterway, but Prism Logistics said at the time of their test dig in February that “there was no water flowing in the stream.”

“Alarmingly, the investigators accepted Prism Logistics’ claim at face value without performing due diligence to verify whether the stream was perennial or intermittent,” the Alliance wrote. “Acceptance of unverified information that starkly contradicts established scientific records and widespread local knowledge fails basic investigative practices.”

Griffith told county commissioners Tuesday that they should have received a copy of the Alliance letter and asked them to consider that the DEQ violated its own regulations that require any exploration dig site to be at least 300 feet from the site of a stream.

“We are to trust the process, and I feel like how can we trust that where they are going to mine they are not going to damage our water if they can’t even realize that there is a perennial stream that is running?” she said. Griffith said the group had affidavits from residents who live along the creek that it was running and is always running.

‘Remedy’ Accomplished

True said Tuesday after the commission meeting that he believes his company’s exploration at the dig sites did comply with the DEQ 300-foot requirements.

“Even if we didn’t, the remedy for that is to close up the hole, the test hole we did dig, and to seed it,” he said. “We did that that day. And so the remedy has been accomplished, it’s been acknowledged by the state to have been accomplished.”

A letter from the Office of State Lands and Investments to Griffith dated April 25 stated that an investigation of Alliance concerns about violations of the 300-foot distance, referred to as Standard Stipulation No. 117, found one hole in Section 36, the School Section, to be 167 feet from the stream.

“The site appeared to be acceptably reclaimed and reseeded at the time of inspection,” the letter signed by Director Jenifer Scoggin stated.

The Alliance is challenging Scoggins’ letter as well as DEQ efforts to hold Prism Logistics accountable and protect property owners on the mountain.

“Prism cannot undig the test sites which encroached upon the buffer zone for water sources,” the Alliance wrote. “Like the bell that cannot be unrung, this breach cannot be cured.”

The letter advises the governor that if the DEQ and Office of State Lands and Investments do not open an investigation into their own practices related to Prism’s exploratory activities and put a 180-day hold on any Prism gravel mining activities by June 6, the next Office of State Lands and Investments Board meeting, “we will consider all legal options available.”

“Nothing less is expected of our board when our members’ and neighbors’ health, safety and homes are at risk,” the Alliance wrote.

Contact Dale Killingbeck at dale@cowboystatedaily.com

Many participants walked a 3 ½-mile trail through the School Section to see the nature and beauty of the land.
Many participants walked a 3 ½-mile trail through the School Section to see the nature and beauty of the land. (Dale Killingbeck, Cowboy State Daily)

Dale Killingbeck can be reached at dale@cowboystatedaily.com.

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Dale Killingbeck

Writer

Killingbeck is glad to be back in journalism after working for 18 years in corporate communications with a health system in northern Michigan. He spent the previous 16 years working for newspapers in western Michigan in various roles.