FAYETTEVILLE -- Washington County Quorum Court's denial of a permit for a dirt mine in the Wedington Woods area has been appealed to circuit court with the developer claiming the decision violates state law and exceeds the county's authority.
The lawsuit names County Judge Joseph Wood, the Quorum Court and Washington County as defendants. It asks the circuit court to reverse the decision denying the permit and direct Washington County to issue one.
Planning appeals
Washington County has had a number of conditional use permit cases appealed.
• Bobby Morris has a pending appeal in circuit court of the denial of a permit for a red dirt mine he has proposed for property off Wedington Drive.
• The White River Landing events center project won its appeal in circuit court. The county appealed the circuit court decision to the state Court of Appeals, which upheld the circuit court decision.
Source: Staff report
Justices of the peace voted to deny Tom Terminella's request for a permit for Wedington Mine at the Quorum Court's Nov. 21 meeting. Terminella wants to operate a red dirt mine on about 20 acres on Harmon Road near the Wedington Woods subdivision.
Area residents turned out in large numbers for a Planning Board meeting in August and at Quorum Court meetings in October and November. The residents complained about the hazards of large numbers of loaded dump trucks driving on narrow, curving roads; noise from the mining operation and trucks; possible environmental damage; and decreased value of their homes.
Terminella told the county he plans to have no more than 4 acres being mined at any one time. The land would be reclaimed after mining, he said, and the entire project is limited to 20 of the 60 acres at the site. Terminella said the operation would generate 30 to 50 round trips per day by dump trucks.
Property in unincorporated Washington County is zoned for agricultural or singe-family residential use. The property owner must obtain a permit from the Planning Board for any other use. The Quorum Court has the final say on any permit. Decisions made by the Quorum Court can be appealed to circuit court.
The Planning Board voted 5-1 to approve the project in August. A similar project at the same location was rejected in 2014, with the Planning Board citing safety concerns, compatibility issues with the surrounding property and the "likelihood" the project would "diminish and impair" property values in the area.
Terminella said Friday his mining operation is governed by the Arkansas Open Cut Mining Act and the county's permit isn't required. He also said the property proposed for the mine is adjacent to another large quarry, so it isn't incompatible with surrounding property uses.
He said the mine will supply material for highways and other major construction projects.
"The material has to come from somewhere to keep up with the infrastructure demands," Terminella said.
Eva Madison, justice of the peace for District 9 in Fayetteville, said she read the appeal. Madison said she thinks the county's permit process is as good as it can be.
"It was kind of expected," she said of the appeal.
NW News on 12/21/2019
https://www.nwaonline.com/news/2019/dec/21/appeal-filed-over-dirt-mine-permit-2019/
2019-12-21 10:57:50Z
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