Commission approves permit for gravel pit near recreation area despite local pushback

BLACKFOOT – After eight hours of deliberation, the Bingham County Planning and Zoning Commission approved a conditional-use permit to allow a construction company to dig a gravel pit next to a neighborhood and a well-known recreation area.

The planning and zoning commissioners met on Jan. 6 at the Nuart Theatre in Blackfoot, and started with a public hearing where 19 people spoke for and 53 against the permit, including giving written testimony. While the commission’s decision allows Gale Lim Construction to move forward with its planned quarry and hot mix batch plant directly north of Rose Ponds Park, people in opposition still have the opportunity to file an appeal.

The commission actually approved this application in July, but the decision was vacated by the Bingham County Commission the next month. This was due to errors made in the notification process for public hearings.

“If you’re gonna hold a public hearing where comment is taken or where information is received, then there’s a heightened standard of notice that’s required,” explained Ryan Jolley, Bingham County prosecuting attorney. “That involves notifying surrounding property owners and publication in the newspaper. So it had been noticed and put on the agenda but it hadn’t been noticed the correct way.”

Gale Lim Construction was then able to reapply for the permit in September. EastIdahoNews.com reached out to the company for an interview, but we did not receive a response.

This gravel quarry has been met with much criticism from residents of the area ever since Gale Lim first applied for a permit in March last year. In response to that application, they formed a group called Concerned Citizens of Rose to make their issues with the project known.

Steve Serr, who was the Bonneville County Planning and Zoning administrator for 40 years, lives in the Rose area and spoke against the gravel pit at the most recent meeting. In an interview with EastIdahoNews.com, he detailed some of the major issues people have with the project.

“Gravel pits are known to have issues with dust emissions blowing around,” Serr said.

Serr pointed out this area has a recreational facility that’s located north of the project area, which is connected to the city of Blackfoot’s greenway.

“(The greenway) comes from there up to this pond area. They have picnic areas, people stay there, they recreate, they have family reunions,” Serr said.

And while the location offers convenient freeway access for the company, Serr said the development would bring about an increase in traffic passing by bikers and walkers on the greenway and people in the surrounding area.

“This particular parcel is immediately adjacent to the freeway,” Serr said. “It’s the best thing for the contractor … (but) it’s not really effective for the community that lives around it.”

Another potential issue Serr sees arising is the potential for the project area to flood, as the land is in a designated floodplain.

Serr also pointed to a major flood that occurred in the area 28 years ago, saying that flooding like that could occur again.

According to an Associated Press article that ran in The Spokesman-Review in June 1997, the flood was so extensive that waters from the Snake River flooded up over I-15, causing the interstate to shut down temporarily.

But even if it doesn’t reach that level, Serr is positive that flooding will occur in the area.

“It’s not a maybe, (flooding) is going to happen,” Serr said.

There has also been a lawsuit filed, launched by Todd and Raelynn Lambert and the Concerned Citizens of Rose versus the county. Mark Cornelison spoke with EastIdahoNews.com and explained that the lawsuit is over the county’s handling of public records requests and won’t affect the outcome of the conditional-use permit.

Jolley was not able to comment on the lawsuit, as its still be actively litigated.

While its permit has been approved, the construction company can’t immediately begin work on the quarry. Instead they have to wait until Planning and Zoning drafts and approves a written decision.

People have 14 days after the written decision’s approval to file an appeal to the county commissioners. After the commissioners make a decision, either side has the option to ask for reconsideration 30 days after the decision.

The way Serr sees it, the approval will likely be appealed.

“I don’t see how you can give up on something that’s so bad for your area,” Serr said.

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