This webpage was created to provide public access to accurate information related to the Painted Rock Mine. Please check this webpage periodically for updates on the mining operations.
Have Comments or Concerns About the Project?
Douglas County has established a streamlined method for collecting public input on the Painted Rock Mine project. Please click here to get in touch with us via email, or call 775-782-9890.
Painted Rock Mine Description and Permitting Authority
The Painted Rock Mine consists of a 35-year phased development of an aggregate mining operation located on tribal allotment land held in trust by the U.S. Department of Interior, Bureau of Indian Affairs (BIA) (APN 1321-00-001-001). The BIA oversees the permitting of the 35-year lease and the mining operation.
Because segments of the primary haul route and emergency access route to and from the mine site cross Bureau of Land Management (BLM) lands, BLM held the sole authority to permit the use of those roads. Additionally, BLM approved the request to relocate the off-highway vehicle (OHV) parking area at the end of Johnson Lane and authorized improvements to reduce OHV user congestion.
To evaluate the potential environmental impacts of the mining operation and identify any significant adverse effects on the environment prior to issuing a permit, BIA completed an Environmental Assessment (EA). Based on this analysis, BIA and BLM made findings of no significant impacts (FONSI) for the project and issued records of their decision to permit the project in July 2024. Click here to view the EA and to learn more about the Painted Rock Mine Project.
The BIA and BLM held exclusive jurisdiction and authority to approve and permit the mining operation and related road use. Douglas County did not permit or approve this project, nor did the County have the authority to deny this project.
Douglas County Involvement with the Project
Johnson Lane is a County-maintained road. While the County does have the authority to restrict truck traffic on County-maintained roads, the action by the Board of County Commissioners must be rationally related to a legitimate government purpose. It must not target one operator or one type of use.
Concerned that action by the Board to restrict truck traffic on Johnson Lane most likely would not withstand a legal challenge and in the absence of the authority to deny or condition this project, the County entered into an agreement with Knox Excavating (click here to view the agreement) requiring the mine operators to address and mitigate some of the impacts on the residents of the Johnson Lane area. Without this agreement, the mine could have operated with only those restrictions placed on it by BIA and BLM. Click here to view the agreement approved by the County Commission at the October 3, 2024 meeting. Click here to watch the meeting.
The agreement places significant limitations on the operation of the mine including restricting the days and hours of operations and the maximum number of roundtrip truck trips. To enforce the terms of the agreement, Douglas County Code Enforcement will be increasing patrol of the Johnson Lane neighborhood. Additionally, the County will install cameras that read license plates at the terminus of Johnson Lane to monitor vehicle counts. The collected data will be compared to the information the mine operator is mandated to submit to Douglas County and the BIA.
Douglas County will also be installing regulatory signage regarding the use of engine brakes and the requirement to cover trucks carrying loads as required in County code.
Pursuant to the agreement, the County will receive a portion of the mining proceeds for the maintenance of Johnson Lane and to mitigate the impacts of the mining operation for the benefit of the residents of the neighborhood.
Current Status of the Painted Rock Mine
The mine is in the first phase of operations, which consists of site preparations, equipment staging, and road improvements on BLM roads used to access the site. The mine is operating; however, it is not open to the public, and material from the mine is only being used by Knox Construction.
Permits required for the Mine to Operate
The required permits to operate the mine will be posted at the mine site.
- Class II Air Quality Operating Permit Surface Area Disturbance (issued by NDEP)
o Regulates Emissions
o Objectionable Odors
o Requires Dust Control Mitigation
- Storm Water Protection Pollution Plan (SWPPP) (permit to be issued by NDEP)
o Erosion Control Measures / BMP Installation and Maintenance
o Weekly Inspections and pre/post storm inspections
- EPA Spill Prevention Control Countermeasure (SPCC) permits (Fuel Containment) (to be issued by NDEP)
o Monthly Inspections and Training
- BIA (to be issued by BIA)
o Mine operations conditions
o Water Use
- BLM (to be issued by BLM)
o Use of the Road on BLM land
Blasting Notices
Per the agreement, Knox Excavating “will not conduct blasting at the mine site. If unusual and unanticipated circumstances arise where blasting is required in order to utilize the mine site, then Operator will notify County in writing thirty days in advance of any blasting activities and Operator will work cooperatively with County to take appropriate noise and dust mitigation measures.”
In the unlikely event that blasting becomes necessary, Douglas County will ensure residents are informed well in advance. This will be accomplished through public messaging campaigns, clearly posted signage, and other communication methods designed to keep the community aware of planned activities before they occur.