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Council recommends removing lower gate at Rilba/Rilda Canyon, members note bond and litigation risks
Summary
After a DOGM update that the Deer Creek mine is in phase-3 bond-release review, the council voted to support county removal of the lower (and upper) gate to restore access; speakers warned the county could face bond recapture or litigation if removal occurs before DOGM completes phase-3 release.
The Emery County Public Lands Council discussed access at Rilba/Rilda Canyon after a state update on the Deer Creek mine's post-mining status. DOGM staff reported the permit is in phase-3 bond-release review, which requires meeting post-mining land-use criteria and reclamation objectives before the bond is released.
"Phase 3 is meeting intended land use, wildlife habitat plan establishment in place," DOGM staff said, and noted the company's contract with the county had ended. Council members debated whether the county should remove a gate that presently carries multiple locks, restoring public access, or leave it until formal release of the bond. One commissioner offered to have county equipment remove the gate, while others cautioned that premature removal could expose the county to claims if bond release conditions are not fully satisfied.
After discussion, the council moved and voted in favor of recommending the county move forward to remove the lower (and upper) gate and to ratify the action with the commission. The motion passed by voice vote. Members asked staff to notify the commission and to coordinate with DOGM and county counsel to document the action and identify any financial exposure.
Next steps: Staff will contact county commissioners and DOGM, and the council will seek to have the removal action reviewed and ratified by the commission.
