Gallatin County Residents Prevail in Permit Challenge

A Hearing Officer for the Kentucky Natural Resources and Environmental Protection Cabinet ruled on February 3, 2003 in favor of Kathy Cook of Warsaw, Kentucky, and Rose Cooper of Patriot, Indiana, in their challenge to an open pit surface sand and gravel mining operation in the rural farming and residential community of Steele Bottom in Gallatin County, Kentucky.

Kathy and Rose challenged the April 2001 approval of a permit allowing disturbance of 79 acres and the amendment to that permit allowing an additional 148.06 acres of disturbance, arguing that the permit decision violated Kentucky law and regulations.

The Hearing Officer agreed with Kathy and Rose on a number of issues and ordered the Cabinet's permit approval decision reversed for failure by the company and the Cabinet to comply with a number of permitting requirements.

If approved by the Cabinet Secretary, the decision will void the permit issued to Nugent Sand and Gravel Co. Since the case began, Gallatin County has adopted comprehensive planning and zoning, and the area of the proposed mining is zoned for agricultural use.

KRC represented Kathy Cook and Rose Cooper in this administrative challenge.

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