2 miners must go to court

PROVO — The father-and-son team accused of illegally excavating rock from private property in Rock Canyon will have to explain themselves — in court.

On Monday, Fourth District Judge Derek Pullan signed a city order requiring Michael Joseph McPhilomy Sr. and his son, Michael McPhilomy Jr., to provide what evidence they have giving them a legal right to mine the private acreage without a permit and without being cited.

"It's important that whatever activity happens there happens safely and with the proper permits," said Provo city attorney Rick Romney.

The order is just one step in what is expected to be a long process, said city spokesman Mike Mower. "The first (step) is making sure is the proper permits are in place and that the health and safety of our public is safeguarded."

In November, Pullan ordered the McPhilomys to stop excavation until proper permits were obtained. Shortly thereafter, the McPhilomys applied for a permit with the Utah State Division of Oil, Gas and Mining — which continues to be processed.

"The original application was returned because it was deficient," said Jim Springer, a spokesman for the mining division. Springer said that the father and son came back last week to make updates to the application but have still not posted the necessary bond to finalize the permit procedure.

"They're required to post a reclamation bond, which would insure the land is returned to its pre-mining condition," Springer added. "Therefore, the application is still deficient in our opinion."

Despite still not having a permit, the McPhilomys returned to the 100-year-old mining grounds on Saturday to excavate rock from the property, which intersects with the Rock Canyon Trail.

Provo police arrived in the afternoon and expressed concern about the safety of the project and asked the men to stop. After officers apprised city attorneys of the apparent violation of the November court order, however, the men were allowed to resume.

The McPhilomys will return to court on Jan. 6 for a preliminary hearing that will address the six class B misdemeanors filed against the pair in October for impermissible use in an agricultural area; grading, filling or excavation without a permit; and doing business without a license for excavation on separate days. If convicted, both father and son could spend up to three years in jail, as well as pay a possible $6,000 fine each.