FAYETTEVILLE -- Washington County officials on Thursday debated, but left unresolved, a permit for a red dirt mine on Harmon Road, west of Fayetteville.
The Quorum Court voted on the first reading of ordinances approving and denying the request for a permit for the mining operation proposed for 60 acres east of Harmon Road, near the Wedington Woods subdivision. The court didn't approve motions advancing either ordinance to a second reading, and both will be on the agenda for the next month's Quorum Court meeting.
County zoning
Property in unincorporated Washington County is zoned for agricultural or single-family residential use. Any other use requires the property owner to obtain a permit approved by the Planning Board and the Quorum Court.
Source: Staff report
More than 60 people packed the meeting room, with many more standing outside in the lobby.
The same location was proposed for a dirt mine in 2014 but was denied by the Planning Board, which cited safety concerns, compatibility issues and "the likelihood that this project will be injurious to the use and enjoyment of some other property in the surrounding area for the purposes already permitted and substantially diminish and impair some property values with the surrounding area," according to county records.
The 2014 denial was a major focus of the neighbors who spoke Thursday. Terri Davis-Beaupre said ordinances governing development constituted a "contract" with residents to protect them in the enjoyment of their homes.
"We trusted you to keep that promise," Davis-Beaupre said. "The last time around you did. We are trusting you to keep it again."
Justice of the Peace Ann Harbison said the county and Tom Terminella, the developer, need to work on improving Riches Road as an alternative exit. Terminella said he's willing to work with the county to do the improvements, but he can't improve the road beyond his own property. Terminella said he has done all required of him in the permit process.
"I don't want to deny him his property rights, but I think we have a real safety issue," Harbison said.
The current request for a permit was approved in August by the Planning Board and was appealed to the Quorum Court by neighbors who objected to the operation.
The Planning Board approved the project by a 5-1 vote after a 90-minute public hearing in which nearly 50 residents spoke against the project. The neighbors cited concerns with the volume of heavy truck traffic the operation would generate in what they described as "a calm, quiet and peaceful" residential area.
Terminella has said he bought the property for use as a mining operation because the location is well-suited to such a project. County records show other mines and quarries in the area.
According to the information submitted to the county, the mine would be on the 60 acres, with no permanent structures on the site. The operation was estimated to generate 30 to 50 round trips by dump trucks daily. The Arkansas Department of Environmental Quality approved the plan to mine up to 20 acres of the site and the plans submitted propose to limit the mine area to 4 acres at a time with reclamation work being done on areas no longer being mined.
Nathan Crouch, planning director, told justices of the peace the county has mailed notices to 140 neighbors living within one-quarter mile of the site. Crouch said the county has received 49 comments opposing the project and a petition with 34 signatures was submitted in opposition to the project.
NW News on 10/18/2019