On Friday, Douglas County completed an appeal to a Bureau of Indian Affairs finding of no significant impact for the Painted Rock Mine Project.
County Manager Jenifer Davidson confirmed the appeal was completed in an email to The Record-Courier.
First proposed in 2020, the Painted Rock Mine has been debated through the federal approval process. In July the Bureau of Indian Affairs issued a finding of no significant impact in the environmental assessment.
On Thursday, the decision on whether to ban truck traffic at the top of Johnson Lane was delayed until Nov. 7 to give county and Knox Excavating attorneys an opportunity to negotiate.
Residents spoke in support of an ordinance to prevent trucks from using Johnson Lane east of Nye Drive.
The ban was prompted by the approval of the Painted Rock Mine on Washoe Trust Land.
Resident Jim Jackson urged commissioners to approve the ordinance to set a position of strength in negotiations.
“I think trying to renegotiate might be a good idea,” he said. “I suggest you pass the ordinance, so you have it on the books. I think you should stand your ground.”
However, Knox co-owner Jim Robinson said that trucks from other major companies use Johnson Lane all the time, including Starbucks and UPS.
“The state has an active mining lease behind Skyline Ranch,” he said. “NDOT can haul material out of that pit anytime they choose.”
He said the ordinance exempts the state but not his business and is discriminatory.
Fellow co-owner Jon Maxwell called the ordinance a “literal attack on my livelihood and my business.”
Instead of passing the ordinance as written, county commissioners voted 5-0 to allow negotiations with Knox.
Knox attorney Garrett Gordon said the company would agree not to begin operations while negotiating.
This story has been updated with confirmation from the county that an appeal of the Bureau of Indian Affairs' finding of no significant impact has been completed.