Trying to increase into Daniels Canyon, Maverick Rock mining has filed a petition in opposition to Wasatch County after the Council has stalled scheduling a public assembly that will launch growth efforts. Now, a choose will determine whether or not the County is required to take motion or not.
Beginning in February, the mining firm has despatched 5 requests for a public assembly with the Wasatch County Council. The council has allegedly ignored every request besides the primary and fourth. Tuesday, Maverick filed as a petitioner to convey the matter to Fourth District Courtroom.
Maverick’s purpose? To increase mining operations in its East Ekins Mine close to Santaquin to a Daniels Canyon parcel in Wasatch County close to 5200 South and off of U.S. 40.
Via a unprecedented writ of mandamus — often known as a court docket order for presidency officers or entities to meet particular duties — a choose will be capable to order a public listening to for Maverick by the Wasatch County Council. In accordance with Utah State Code, that listening to is all Maverick might want to launch its growth into Daniels Canyon.
There’s a catch, nevertheless, that the council has used to delay after which deny the mining firm’s request. With the intention to increase mining rights, the mine operator should show that new land both accommodates minerals which are a part of the identical mineral pattern as what’s already below mining operations by Maverick or that it’s a geologic offshoot from Maverick’s present operations.
That’s the place Maverick and the council have disagreed. Now each events are debating if Nice Blue Limestone and Manning Canyon Shale are of the same mineral pattern.
After the county raised issues on the matter following Maverick’s first bid for a public assembly on Feb. 28, each events cut up to conduct their very own analysis and delayed a public assembly beforehand scheduled for April. Maverick’s report, written by geologist Dr. Scott Ritter, discovered that the 2 minerals are of the identical pattern.
Via their very own report by AGEC Utilized GeoTech, the county claimed that, whereas one of many formations is seen in Daniels Canyon, it’s unlikely to be mined.
“The Nice Blue Limestone is estimated to be greater than 7,000 ft beneath the Daniels web site … It’s unlikely to be economical to mine the Nice Blue Limestone at such an incredible depth,” the County’s letter to Maverick Rock reads.
Plus, another reason for denial.
“The County argued that ‘whereas 17-41-502 might enable for the ‘growth’ of an current vested mining proper, it doesn’t enable for transferring that proper to a completely new location 60 miles away,’” court docket paperwork learn.
The county cited each causes in a last resolution letter despatched to Maverick on June 18. Maverick alleges in court docket paperwork that the County ignored letters requesting public conferences despatched on April 16, Could 8, Could 14, June 5 and June 20.
Maverick alleges that Utah Code permits mine operators to increase use into any new land sharing a mineral pattern or geologic offshoot “with none regard for the variety of ‘miles’ between the 2 websites.”
Regardless of Maverick alleging its lack of “not less than” $20 million in damages, the petition will not be in search of financial aid. As a substitute, it’s probing for motion.
The matter will later be addressed in Fourth District Courtroom. As of Wednesday, a listening to date has not been set.