State approves Bondurant gravel pit despite 55 objections

Public can appeal decision to Wyoming Environmental Quality Council.

JACKSON — The Equality State’s top environmental regulator has approved a 35-acre gravel mine outside Bondurant despite a flood of opposition from people concerned, in part, about impacts to the Hoback River.

In total, Bondurant residents, neighbors like the Little Jennie Ranch, and environmental groups like the Snake River Fund, Trout Unlimited and Wyoming Outdoor Council submitted 55 objections to the Wyoming Department of Environmental Quality, which is responsible for permitting the mining operation.

The objections came in reaction to Evans Construction’s proposal to expand an existing 10-acre gravel pit on General Manager Scott Evans’ property next to Dell Creek into the 35-acre mine. Dell Creek, which is only feet away from the southern end of the mine, flows into Jack Creek about 1,000 feet downstream and then into the Hoback River, a federally protected Wild and Scenic River another 500 feet downstream.

Objectors asked for an extension of the original 30-day comment window and meetings in Sublette County.

The DEQ did not grant those requests.

Now the permit is in an appeal period, set to end Nov. 3. In that time, people may appeal to the Wyoming Environmental Quality Council, which the DEQ deemed the appropriate venue for a public meeting.

“If a hearing is held, the EQC shall issue findings of fact and a decision within 60 days after the final hearing,” DEQ Land Quality Administrator Kyle Wendtland wrote in a letter answering the 55 objections. The letter is attached to the online version of this article at JHNewsAndGuide.com.

DEQ officials declined a request for an interview, citing a desire to avoid interference with “an honest and unbiased process.”

Still, about 20 people said the process was flawed, either because the public didn’t have enough time to review the proposal or because the mine application was difficult to find, with no online options for viewing.

“My wife (79 Years old) and I (aged 80) had to travel to the County Clerk’s office in Pinedale with our own copy machine to obtain a complete copy of the application,” Jonathan Dawson wrote in an Aug. 28 letter, submitted days before the comment period closed. “Many of the residents in Bondurant were completely unaware of what was happening and its scope. This does not meet the common sense test for fairness.”

Those who submitted objections were worried about the steady march of development in the small, western Wyoming town of about 180 people. This year, billionaire Joe Ricketts abandoned controversial plans for developing a resort about 6.5 miles southeast of the gravel mine, which will operate across the road from the Elkhorn Bar. Commenters also worried about the rivers.

“I know the rivers that border the current gravel pit on Dell Creek and have fished them for many years. I have also introduced my grandchildren to fishing there as well,” Steve and Kim Magagna wrote, though it’s not clear which of the Magagnas penned the letter. “Any pollutants may have a drastic effect on the animals who water and feed in this area as well as the fish that are still swimming in these rivers.”

But commenters are “no more concerned about” the environment than the company is, Scott Evans said. Evans’ mom grew up in Bondurant, and his family has owned the property since the ’90s.

“I hold that place sacred for me and my family,” Evans told the News&Guide on Tuesday. “It’s amazing how many people out there think that they’re the only ones who care about the environment and the businesses and corporations do not, but it can’t be any further from the truth.”

In general, objectors worried about further development in sensitive wildlife habitat — the Wyoming Game and Fish Department considers the area crucial winter habitat for moose — and upstream of federally recognized wetlands and waterbodies that Game and Fish deems “aquatic crucial habitat priority areas.”

In its letter, the DEQ has said that following Game and Fish recommendations will address those concerns.

To protect moose, the agency urged Evans to minimize mine development from Nov. 15 to April 30. To protect the water, Game and Fish urged Evans to preserve vegetation, stabilize exposed surfaces, control erosion, and clean, fuel and maintain vehicles off-site or at least 500 feet from streams and riparian areas. Materials also should be stored at least 500 feet from waterways and flowing stormwater.

In its initial application, Evans committed to following those recommendations and avoiding work in riparian areas within its 35-acre permit boundary.

But the construction firm and the public disagree over a crucial detail: whether some of the water that flows through the property flows seasonally or year-round.

Evans says there are three sources of water on the property. Two, Evans says, are seasonal drainages, one of which enters the property from the Mack family’s property to the north and another that bisects the middle of the property. The third is groundwater that leaches into the existing pit from the east.

Evans has proposed digging a four-foot dewatering ditch to remove that water and divert it into the wetlands via a rock-lined outflow. He also committed to avoiding working in the pit when water is present, which he argued mitigates concern about fill and spills being discharged into the wetlands.

“As long as you aren’t driving through that water and creating a bunch of mud and muck in that water, settling ponds, it can run off just as crystal clear as crystal clear can be,” he said.

But neighbors, including the Mack family, say the stream that originates on their property flows year round.

Others have argued that means the DEQ’s decision is based on flawed information.

Others still said that Evans needs to complete permitting with the U.S. Army Corps of Engineers, which regulates wetlands and other “waters of the United States” before discharging water from any sources into Dell Creek.

The DEQ, meanwhile, relied on Evans’ assessment of the streams’ seasonality.

“The applicant assessed the drainages relative to USACE definitions and determined that since the drainages only flow seasonally from spring through late July, there was no need to contact the USACE for further determination,” Wendtland wrote in the letter responding to objections.

This story was published on October 23, 2024.