Utah County nixes zone change for gravel pit

PROVO — The Utah County Commission is stuck between a gravel pit and a hard place.

After three months of discussion, county commissioners voted 2-1 on Tuesday to deny a zone change that would have allowed a local mining operation to legally excavate all of its land on Ironton Mountain.

At the same time, commissioners say they want to find a way to allow the gravel company to repair the land that has already been damaged by the operations — without breaking the law.

Until recently, the gravel operation, run by Pettro Sand and Gravel, has been illegally mining a portion of its land that lies in a critical-environment zone. A good chunk of the company's land is in an area where it's legal to operate a gravel pit, but the company reached past that with some of its operations.

The county issued a cease-and-desist warning to the company in September — but County Commissioner Steve White said in February the operation was still functioning illegally. The commissioners did not say Tuesday whether the company will be fined for its violations.

Changing the area to an industrial zone would have allowed continued mining — and subsequent reclamation to the damaged terrain — to legally take place.

But Commissioner Larry Ellertson said he was hesitant to make the change.

"Once you change the zone, you basically allow that to be industrial forever, and that's the concern that I have," Ellertson said. "I'm looking for some way to allow the owner to mine. The concern I have is, after that's completed, then what?"

Commissioner Gary Anderson, who voted to allow the zone change, said he will continue to work with the gravel company and the Utah County Attorney's Office to try to find a solution.

Last fall, Scott Pettro, owner of Pettro Sand and Gravel, asked the county planning commission for a special exemption — instead of a zone change — to continue mining his land and also reclaim the property.

But the Planning Commission denied his request. Instead of filing a lawsuit against the county to oppose the decision, Anderson said, Pettro approached the board of the county commissioners to request the zone change.

Initially, the county commission asked Pettro to meet with nearby homeowners — who protested the gravel pit and any zone changes that would accommodate it — to resolve the issue and draw up an agreement that would be acceptable to both sides.