New company hopes to soothe gravel pit disputes

A gravel pit in Cheyenne County that has been the source of frustration for nearby homeowners will soon have a new owner, one promising to be a conscientious neighbor.

Sidney’s planning commission approved a conditional use permit to Croell Redi Mix for land located a half mile south of the intersection of County Roads 20 and 117, east of Sidney. This pit is not located within the city limits, but is inside the city’s two mile zone of influence. Croell plans to buy a 160 acre parcel of land containing the pit from the current owners, the Kielian family trust.

The commission also recommended to the city council that the land be re-zoned from agricultural to light manufacturing.

On April 17 the city of Sidney filed a cease and desist order against the Kielian Family Trust, for work Werner Construction was doing on the property for violating its conditional use permit. Werner operates an asphalt plant at the site. The site was already in violation of its permit last fall, for storing asphalt millings at the location. The city allowed Werner to continue work out of the pit to in order to get rid of the millings stored at the site, with the understanding that it wouldn’t bring in any new millings.

On Wednesday, the city dismissed the cease and desist order, which should have been filed against Werner Construction, not the Kielian Family Trust. According to city manager Gary Person The Kielian Family Trust and specifically Rosalie J. Kielian will receive a personal apology from the city.

Last fall the company believed there were plenty of millings at the site to finish its work on the links from Interstate 80 to Highway 30 at Sunol and Lodgepole. The company ran out of millings and then brought in more to finish the job. The cease and desist order gives the company 30 days to come back into compliance with its permit.

A representative from Werner informed city manager Gary Person that its intent was to be completely finished with the job in 30 days and will try its best to be done before the property sale takes place.

Brian Marchant general manager for Croell Redi Mix spoke to the commission at Monday night’s meeting.

“From a business perspective it fit us, it made sense to us to have a Redi Mix operation inside of a pit,” Marchant said. “It condenses all the noise and everything so you don’t have it all spread out, you have it in one spot.”

The Croell operation is not affiliated with Werner construction and deals in concrete, not asphalt.

Marchant explained that in the past to mitigate dust issues it has entered into agreements with the county wherein it would treat the nearby road with chemicals or use other measures, depending upon the wishes of the county. If the company’s preferred chemical, magnesium chloride, is applied correctly it should take care of dust on the county road for one year, he said.

“We get along with our neighbors,” Marchant said. “We know they can make our lives rough and so we’ve never received a citation or a cease and desist or anything like that.”

Croell owns and operates 21 locations in Wyoming, South Dakota and Nebraska as well as 22 plants in Iowa.

The company keeps thorough records so if a neighbor notices a truck driver in violation of any agreements with the city or county, each driver gets one chance to fix this behavior.

“I give them one shot,” Marchant said. “If they’re not doing what is in the agreement with the city or county they no longer haul for us. That’s how we control problems with our trucking people.”

Attorney Bob Reynolds spoke on behalf of three families who reside near the pit.

“They’ve experienced hell for the past year and a half,” Reynolds said.

Neighbors previously complained of the high amount of truck traffic on the county road and the dust that traffic created.

The last time a conditional use permit was granted on this parcel of land, the council placed specific restrictions on the permit, to which the company did not adhere, Reynolds said. The company promised that it wouldn’t bring any new materials into the pit, but it did, he added.

“New material was brought in,” Reynolds said. “I understand that this is a different outfit and we’ve been told that they’re going to be good neighbors and that they’re going to do everything right but we have concerns because this particular property sits right next to where people live.”

For the neighbors work at this location has been a terrible nuisance.

“We’re asking that you put very specific requirements with regard to the road and the dust that’s been created,” Reynolds said. “We’re talking 100 trucks a day at times last summer.”

If the property is re-zoned, the company doesn’t need a conditional use permit for its concrete plant, however it does need one for the gravel pit.

Reynolds asked the commission to be specific with its stipulations that no millings be kept at the site and no asphalt plant be operated therein either. He also asked for a voluntary speed limit.

The council approved the conditional use permit, only to go into effect when Croell shows ownership of the property. Stipulations of the permit include a voluntary speed limit of 30 miles per hour, that the company work with the county for dust mitigation on the road, no asphalt millings be stored at the site as well as $1,000 per month road fee to be paid by the company for wear and upkeep.

It would be the city’s intent to pass on the money from road fees to the county to pay for maintenance on that road.

Planning commissioner Robert England excused himself from the meeting and presented himself as a citizen. England is the manager for the Croell Redi Mix plant in Sidney.

“It is a first class operation,” England said.

He guaranteed that the company would maintain the road.

“$1,000 a month, I think is extremely high for a new business moving into town,” England said.

The council decided to evaluate how well the company is working with the county on road upkeep 90 days after the operation begins. It will then decide if the $1,000 per month fee is appropriate

England abstained from all votes pertaining to the pit.