New rock-mining charge filed

PROVO — A father accused in court records of illegally excavating rock from private property in Rock Canyon entered a not-guilty plea Wednesday to an additional charge filed by the Utah Attorney General's Office.

Michael J. McPhilomy Sr. was charged with evasion of the Utah Mined Land Reclamation Act, a class B misdemeanor. The charge stems from a Dec. 20 incident in which McPhilomy allegedly excavated rock from the property without a permit, despite a previous cease-and-desist order.

Witnesses at a preliminary hearing held Wednesday to address misdemeanor charges filed in October by Provo testified that they saw McPhilomy and his adult son, Michael J. McPhilomy Jr., collect piles of rock and haul them down a popular recreational trail that intersects with the property.

Victor Ludlow, a well-known LDS Church scholar, was hiking along the trail that day and noticed a large truck filled with slabs of rock.

"It looked like a sort of sandstone," Ludlow told 4th District Judge Derek Pullan. "It looked like it would be very appropriate for landscaping."

According to David Day, a construction engineer for Provo, rock removed by the McPhilomys has been sold as landscaping material. On Dec. 9, the city employee said he passed a trailer truck with a sign that read, "Landscape Rock," and listed the McPhilomys' number.

"It was apparent those rocks were from Rock Canyon," he said. "We knew whose trailer it was."

Day's testimony capped more than three hours of testimony that primarily dealt with permit and zoning requirements. He decided to continue the hearing Friday morning, when the McPhilomys are expected to testify.

In November, Pullan ordered the McPhilomys to stop excavation until proper permits were obtained. They then applied for an exploration permit through the Utah Division of Oil, Gas and Mining but did not complete the application.

"We are currently reviewing the latest information they have given us," said Wayne Hedburg, who works for the division.

Hedburg fielded questions by the McPhilomys' attorney, who suggested that the division's delay in notifying the McPhilomys of their application's status sent an informal message that the permit, which doesn't need approval, had been granted. According to defense attorney Gary Weight, the division took 30 days to notify the pair.