Douglas County delayed approval of an ordinance that would close Johnson Lane above Nye to trucks.
Photo by Kurt Hildebrand.
Douglas County has appealed findings that Painted Rock Mine would have no significant impact made by the Bureau of Indian Affairs and the Bureau of Land Management in time for the Aug. 17 deadline.
Sent the day after agreeing to delay approval of an ordinance while the county and applicants Knox Excavating negotiate, the county said it found multiple errors in the environmental assessment and the findings approved in July.
“The county will highlight two main reasons why the final decision made in the (findings) should be revisited and why the environmental assessment process should either be restarted or abandoned,” according to a copy of the appeal obtained by The Record-Courier. “First the decision relied upon the underlying assessment, which incorrectly drew comparisons between nonanalogous scenarios to suggest that adjacent home values would not be impacted by the creation of a new mine and gravel haul route; and second the decision incorrectly concluded that the project will comply with all local laws.”
The county took issue with the reasoning dealing with home values in the assessment that concluded they would not be affected by the introduction of the mining operation by showing that values would grow for the duration of the mining operation.
“These are two entirely separate considerations, and one does not inform the other,” according to the appeal.
As an illustration, the county contends that if average home values drop 50 percent in the first year, that value will never be recovered.
“A more apt comparison may have been to the immediate impact on housing values in areas where public right of way is obtained for newly planned highways,” according to the Appeal.
The county pointed out that comparing values with the Bing Pit in the Gardnerville Ranchos was invalid because homes around the pit were sold with knowledge of the pit’s existence and its impending closure.
“The data, review and reasoning of the socioeconomic resources and housing value portion of the assessment is irrational and arbitrary to the point that it cannot be relied upon and must be revisited,” according to the county’s appeal.
Douglas pointed out that it notified the two bureaus of the pending ordinance that would prevent truck traffic at the top of Johnson Lane.
Should the county and Knox excavating come to a resolution, the county said it intends to withdraw its appeal.
