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Commission approves new soil-mining permit near McKelvey Road amid dust and safety worries
Summary
Lancaster County planners approved special permit 25035 (190.48 acres, 20-acre disturbance) after residents raised concerns about dust, signage and haul routes; county engineering and the health department reviewed groundwater and road-maintenance plans.
The Lincoln-Lancaster County Planning Commission voted 7-0 Oct. 1 to approve special permit 25035, allowing soil mining and excavation on a property near West McKelvey Road and Northwest 40th Street.
Staff said the parcel totals about 190.48 acres, with roughly 20 acres proposed for disturbance for topsoil and lean-clay removal. The applicant’s plan shows a single access off Northwest 40th; trucks are to travel south on that road to Highway 34 (Purple Heart Highway). County staff said a road maintenance agreement was already approved for this project and that the health department reviewed and concurred with a groundwater report addressing nearby private wells.
Joe Brockenhoff of E&A Consulting Group said the operation will target topsoil and lean clay for local construction projects and that the first phase calls for about 160,000 cubic yards of material. "It's at the top of the hill," Brockenhoff said when asked why the applicant selected the initial 20-acre area.
Neighbors raised dust, signage and safety concerns. Kurt Eberspacher, who lives at 4332 West McKelvey Road, said dust already affects his home and that the intersection's sight lines and nearby hill could create unsafe conditions for motorists approaching the mine entrance. "Big concern there... The dust is gonna be enormous, especially with the south wind," Eberspacher said.
John Barry, Lancaster County Engineering, said the road maintenance agreement covers physical restoration, dust control and signage; he told the commission operators must notify the county when haul volumes exceed four loads per day so road superintendents can inspect conditions and require repairs or reimbursement if the operation causes damage. He also said county staff could work with the applicant on additional signage to address sight-line concerns near the hill at the proposed access.
Commissioners asked whether previous operations in the same ownership had been using routes not intended by their approvals; the applicant said they had notified neighbors before applying and that the operator wants to correct any improper routing if identified.
The commission closed the public hearing and approved special permit 25035 by roll call vote, noting staff and county engineering will continue to monitor haul routes, dust control and signage as part of the road maintenance agreement and permit conditions.
Votes at a glance: special permit 25035 — approved 7-0.
Staff and commissioners emphasized the enforcement pathways: the road maintenance agreement, county engineering oversight and health-department authority for nuisance complaints. The commission also heard that topsoil is stockpiled on site and returned to the site after clay removal.
The decision is final subject to the 14-day appeal period to the city council or county board.
