Douglas County OKs maintenance agreement with Knox Excavating for portion of China Springs Road amid resident dust concerns

The Douglas County Board of County Commissioners approved a road maintenance and use agreement with Knox Excavating on Tuesday that assigns maintenance and improvement responsibilities for about 0.57 miles of China Springs Road from U.S. 395 to the entrance of the China Springs mine and authorizes the county manager to sign the contract.

The agreement, presented by Wendy Lang, assistant county manager, covers installation of stormwater and drainage improvements tied to flood damage in 2023 and road safety elements including aprons and paving at drive approaches. Lang said material costs for flood repairs were available through federal emergency management aid but that installation costs were not covered, and that Knox will install the materials and perform the listed improvements under the agreement.

The board approved the agreement on a unanimous voice vote after public comment. Commissioner Gardner moved to approve the contract and Commissioner Rice seconded; the motion carried unanimously.

Residents at the meeting urged the board to enforce mitigations the mine and its contractors committed to in an environmental assessment (EA). Charles Heffernan, of Johnson Lane, walked commissioners through the EA and its appendices, saying the document repeatedly states that hauled material would go into “customer provided covered trucks suitable for public streets” and that appendices A and J and the EA’s response-to-comments (Appendix N) likewise identify covered trucks and other dust-control measures as required mitigations. Heffernan said those commitments appear in multiple places in the publicly available document and asked the county to hold contractors to them.

“‘They committed to that in this document,’” Heffernan said, referencing the EA language that calls for covered trucks and other controls.

At public comment, resident Jim Jackson also urged stronger enforcement, expressing skepticism that the company or independent haulers would follow through unless the county built enforcement into agreements. “They need to be a better neighbor,” Jackson said.

John Maxwell, who identified himself as a Knox Excavating representative, disputed claims that the company has been noncompliant. Maxwell said Knox’s trucks have been tested by the state and that the company has not been fined or ordered to stop operations. He described on-site dust-control measures including a spray bar and said trucks carry GPS and cameras. “We have not been shut down or fined,” Maxwell said. “We’re doing everything we can to mitigate everybody’s concerns.”

Commissioners heard questions about safety where China Springs Road connects to U.S. 395 and Lang said the agreement includes requirements for egress and ingress controls to protect residents and travelers.

The board recorded the action as approval of a road maintenance and use agreement between Douglas County and Knox Excavating, authorizing the county manager to execute the agreement.

The county did not provide on the record a detailed enforcement schedule or a specific compliance-monitoring plan at the meeting beyond the terms summarized in the agreement and the EA references highlighted by public commenters. Commissioners and staff said they would review submitted materials and follow up as needed.

Notes: The agreement item summary notes that the roadway segment crosses multiple parcels and easements from federal agencies including the Bureau of Indian Affairs and the Bureau of Land Management; staff said those easements factor into the county’s maintenance obligations and the terms negotiated with Knox Excavating.