County commissioners remove mining provisions from zoning codes, halt Prism Logistics gravel mine plans

CASPER, Wyo. — The Natrona County Board of County Commissioners on Tuesday removed provisions allowing for mining along parts of Casper Mountain, effectively halting Prism Logistics’ current efforts to build a gravel pit in the Squaw Creek area at the base of Casper Mountain.

The decision came after community member Gregg Werger proposed an amendment to the county’s zoning regulations that would remove the ability to apply for or obtain a conditional use permit for extractive industries in Mountain Residential-1 zoning districts.

At Tuesday’s meeting, a standing room-only crowd voiced strong support for the amendment, with more than 40 people speaking against the mine. Only two in attendance voiced opposition to the amendment, one of whom was Prism Logistics CEO Kyle True.

The provisions allowing for gravel mining in areas zoned MR-1 are relatively new, as they were not part of the county’s zoning codes until the county approved a zoning code rewrite in late 2022 — a key point in Werger’s argument for the new amendment.

The zoning regulation allowing conditional use permits for extractive industries fell under section “C” of the MR-1 column in the county’s zoning codes, leading to a popular refrain of “I’m in favor of removing the ‘C,'” at Tuesday’s public hearing.

“For 18 years, that [provision] did not exist,” Werger told commissioners. “I’m not asking for something new. … Extractive mining was prohibited in MR-1 zoning.”

Opponents to the gravel mine shared concerns of environmental impacts, especially with regards to water and air quality.

“Mountain Residential-1 allows for only one primary dwelling per 10 acres,” Casper Mountain Preservation Alliance member Carolyn Griffith said. “From what I’ve read in county documents, the main reason why only one primary dwelling is allowable include the following: impacts on the delicate water supply on the face of the mountain, impacts on wildlife habitat, view shed and slope degradation and many other reasons.

“According to the EPA, the average person uses 82 gallons of water per day. Extractive industrial operations would exponentially use more than that.”

Other residents voiced concerns over how a gravel mine would impact the natural beauty and recreational opportunities of the Squaw Creek area.

“Casper Mountain is one of our community’s three greatest treasures, with the Platte River and the citizenry being the other two,” county resident Jim Murphy said. “Whether it’s hiking, skiing or simply enjoying the view, Casper Mountain is central to the wellbeing of residents. The face of Casper Mountain — the first thing people see — is the curb appeal of our community.”

“Sometimes when you see something everyday, and you’re from here… you don’t appreciate it,” county resident Roberto Fars said. “I remember the first time I ever drove on Coates Road, which was about 15 years ago. I drove up that road and said, ‘Wow, I think I could live here.'”

Natrona County resident Fred Kuck said he believes True and Prism Logistics more broadly have the community’s best interest at heart, but he worried for what would happen if another entity ever took control of the mine if allowed.

“Mr. True, I believe, would honor his word,” Kuck said. “But in an instant it can be sold to another company, and they didn’t promise those things.”

Casper Mountain resident Tracy Lamont asked commissioners how the “C” was added to the zoning code in 2022, and commissioners responded that they didn’t know how it was added. The zoning rewrite, which featured more than a dozen amendments through the drafting process, was largely handled by Denver-based firm Logan Simpson.

And local resident Anna Knopp urged commissioners not to table the matter, but to make a determination at Tuesday’s meeting. Knopp worried that, if the commissioners decided to wait before voting, Prism Logistics could submit its conditional use permit in the meantime and be grandfathered in even if the commissioners later voted to remove the provision.

In response to the public’s concerns, True said that, should the amendment pass, ranchers in MR-1 zoning districts would not be allowed to remove rocks from their own land without approval from the Department of Environmental Quality.

Local resident Steve Loftin, who also spoke against the amendment, voiced similar concerns.

“Zoning laws can overwhelm huge areas of land with a one-size-fits-all rule,” Loftin said. “All the land on the front of Casper Mountain isn’t all the same.”

That was also the reason the Natrona County Planning and Zoning Commission recommended the commissioners deny the request. County planner Shawn Gustafson advised commissioners to reject the amendment since the MR-1 zoning district encompasses roughly 29 square miles.

“We’re not talking about one specific situation here, but 29 square miles across the front of Casper Mountain,” he said.

However, in spite of Gustafson’s recommendation and the input of True and Loftin, the Board of Commissioners voted without dissent to approve the amendment.

Commissioner Steve Freel said he believes the provision allowing for mining on the mountain should never have been added in the first place. Freel was not on the Board of Commissioners in 2022 when it passed the zoning rewrite by a 4-1 vote.

“When you look at MR-1, you can’t have an office; you can’t have personal services; a retail store; a service station; you can’t have industrial or manufacturing, heavy or light, in that area. So if you can’t have that, why in the world would you go to the extreme of saying that you can go ahead and tear up the side of the mountain,” Freel said, drawing applause from many in attendance.

Commission Chairman Peter Nicolaysen said that while he has reservations regarding the long-term effects that removing the provision could create, he also offered words of admonishment to True.

“You and your proposal are the big problem and why we’re here,” Nicolaysen said, directing his words to True. “What they say in law is, ‘Bad facts make bad law.’ Well, what you’ve brought before us, and your being non-committal and vague and all these things in the public, has really struck the fear of these people and 18,000 more people.”

Commissioner Dave North, who made the motion to approve the amendment, commended the residents who opposed the gravel pit for their civic involvement. Since February, opponents to Prism Logistics’ proposed gravel mine have been at every Board of County Commissioners meetings.

And while hundreds of county residents have attended the board’s meetings in the last seven months to make their opposition to the gravel pit known, thousands more stood against the efforts of Prism Logistics. Griffith, a founding member of the CMPA, said her petition against the gravel mine garnered roughly 18,000 signatures.

“It’s been moving,” Griffith said of the community’s support. “The support we’ve gotten from all throughout Casper and the rest of the county has been truly overwhelming. … And it’s made [the residents of the Squaw Creek area] even better neighbors. We really have very diverse political views and come from different walks of life, but I think we’re all much more appreciative of each other, more understanding of each other and more gentle towards each other.”

Griffith added that while she is very happy with the outcome, she doesn’t think the battle is done yet.

“Until either Mr. True says he won’t continue to pursue a mine on the mountain and steps down, or the state steps in and rescinds the leases [for the land True hoped to develop], I don’t feel comfortable thinking things are over,” she said.

After the decision, True declined to comment.