Draper City and Geneva Rock Lawsuit Update

An agreement to settle the ongoing lawsuit between Draper City and Geneva Rock is on the agenda for the Draper City Council meeting on November 12. Draper City filed this suit two years ago after Geneva Rock filed a declaration of Vested Mining Use that would allow Geneva Rock to expand their operations at the Point of the Mountain to all of their property without regard to Draper City’s zoning and land use ordinances. Draper City had previously challenged Geneva Rock’s application to the Utah Division of Oil, Gas and Mining to amend their permit to mine at the Point of the Mountain.

After losing a motion for summary judgment and assessing the likelihood of its success at trial, Draper City entered into negotiations to settle the lawsuit. Additionally, state lawmakers directed both parties to reach an agreement, saying they would otherwise enact legislation that would resolve the dispute on the legislature’s terms. This legislative action would override any favorable decision for the City. Approving this agreement enables the City to preserve land that would otherwise be subject to mining given Geneva Rock’s claimed Vested Mining Use.  

As part of this agreement, Geneva Rock will preserve roughly 66 acres of land on Steep Mountain’s north and south faces. An additional 23 acres will be reclaimed per the Notice of Intent permit approved by the Division of Oil, Gas and Mining (see attached map - preserved area is in blue). 

The main details of the agreement include the following:

•           Geneva Rock commits to leaving Steep Mountain intact, with contractual restrictions preventing all mining in the preserved area.

•           Geneva Rock commits to grade designated areas to permitted standards and enhance the safety of the area by removing the high wall. 

•           Any action by the Utah State Legislature related to the Vested Mining Use statute (Utah Code § 17-41-101 and -501 et seq.) would not change the terms of this agreement.

•           Draper City will cease litigation challenging Geneva Rock’s declaration of Vested Mining Use (for reasons previously stated). 

The public should be aware that a public hearing/comment opportunity is not part of this November 12 city council agenda item, as it is a legal agreement settling litigation.

Draper City understands that this agreement will not resolve all concerns. Many residents have expressed concerns about environmental impacts, particularly air quality. The City does not regulate Geneva’s mining activities. We rely on state agencies to enforce standards. Geneva Rock is subject to state requirements for air quality, and we rely on the Utah Department of Environmental Quality to enforce those standards. Questions or concerns related to air quality should be directed to the Utah DEQ. Other questions or concerns related to Geneva’s Point of the Mountain facility operations should be directed to the Utah Division of Oil, Gas and Mining.