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After extended public comment, commissioners approve Flying Heart gravel pit with conditions
Summary
The board approved an 8-acre Conditional Use Permit for the Flying Heart gravel pit despite extensive neighborhood opposition citing traffic, dust and safety concerns; the permit includes conditions and referenced mitigation agreements for road impacts.
The Board of Lincoln County Commissioners approved File 109 CUP 26 — a conditional-use permit for the Flying Heart gravel pit — after extended public-comment testimony both supporting and opposing the proposal.
Applicant Toby Merritt asked to operate an 8-acre gravel pit with a crusher/screener; he said crushing would be seasonal (about four months) though the pit would remain open year-round and that required permits were pending. Merritt asked to remove a condition requiring mitigation of impacts to County Road 121, arguing that truck mitigation could create liability for the operator; he said scales would be installed.
Neighbors and residents voiced concerns about safety, cumulative traffic and dust. Dan Acton and Priscilla Martin asked for wider notice to affected neighbors and called the project a mining operation inappropriate for a residential road, citing child-safety and traffic concerns. Several commenters asked the board to deny the permit or require stronger road upgrades and monitoring. Supporters including Lance Skinner and Sheldon Merritt argued the pit would supply needed local gravel, be lower-impact than alternatives, and relied on private-property rights. Commissioner Melvin Shumway acknowledged the difficulty of balancing private rights and community impacts and noted the county’s needs for gravel to maintain roads.
Planning staff and the board discussed multi-party mitigation agreements (MOUs) and typical annual monitoring; county staff said MOUs for similar operations have been used to address road impacts. After discussion the board approved the permit with Conditions 1–9 and 11–14 (Motion #15). The motion passed unanimously.
The record shows the board considered safety, traffic, environmental and notice concerns and applied permit conditions and mitigation language rather than outright denial. Future road mitigation, monitoring and required permits from DEQ and WYDOT were identified as implementation steps.
