July 24, 2023 |
Photo – DEQ vs Quality Landscape hearing – by Matt Copeland Bigfoot99
After two days of hearings last week, the state’s environmental council postponed making a ruling in the Randy Stevens case.
On Wednesday in the Grand Encampment Opera House, the Wyoming Department of Environmental Quality began its case to revoke the $65,000 bond held on Randy Stevens’ Saratoga property. Stevens owns and operates Quality Landscape and Nursery. The state agency accuses him of not complying with its demands that he either present a plan to develop his land for commercial use or allow it to begin cleaning up the site. After many delays, the DEQ is now seeking to have Stevens forfeit thousands of dollars set aside to remediate his property.
After two days of testimony, the Wyoming Environmental Quality Council opted not to issue a ruling right away. After hearing from the final witness, Stevens himself, the council went into executive session. When the hearing resumed, Vice Chair Shane True motioned to postpone a ruling until the council could review the information presented during the hearing.
The motion was seconded and passed. Environmental Quality Council Chairman Steve Lenz said the hearing would reconvene in 45 days. At that point, Lenz said, a ruling would be made.
Last week’s hearing began with each side’s opening statements. Speaking before the Wyoming Environmental Quality Council, state Assistant Attorney General Shannon Leininger said Stevens had many opportunities to comply with the state’s demands.
Leininger said Stevens and the DEQ entered into an agreement in 2020. The assistant attorney general said Stevens was given two years to present the state agency with a plan to use his land for a town-approved non-mining commercial use or bring his mine into compliance with DEQ regulations. Leininger said Stevens had until July of 2022 to comply or pay thousands of dollars in fines.
Leininger said after the July deadline, Stevens was granted a 45-day extension. When the additional time expired, the assistant attorney general said DEQ gave Stevens another 45 days. Leininger said Stevens has yet to present the DEQ with any plan for remediation. The final extension date was in October of 2022. Leininger said the state has decided to revoke the $65,000 bond held on the Stevens property.
Ending her opening remarks, assistant Attorney General Leininger laid out the state’s case.
Leininger said the Environmental Quality Council members only had two options. She said they could either dismiss the violations or grant the bond forfeiture.
Cheyenne attorney James Salisbury is representing Stevens. In his opening statement, Salisbury said Stevens was working with the town of Saratoga to remedy the issues on his property. Salisbury said the town has delayed the process.
Salisbury said he will present evidence that Stevens and the town of Saratoga are close to reaching an agreement. He said the case wasn’t as simple as the DEQ was making it out to be.
With that, Salisbury ended his opening remarks.
During the first day of the hearing, the DEQ called several witnesses to testify on the multiple notices of violations that were sent to Stevens over the past decade.
Day two began with defense attorney Salisbury calling former Saratoga mayor Creed James as a witness. James testified that during his time in office, the town and Stevens were actively engaged in talks of how best to develop the site.
Finally, Salisbury called Stevens to testify. Stevens blamed the town for his inability to meet the DEQ’s demands. He said the sheet metal retaining wall on the south side of his property is preventing the town from running water and sewer lines from the alley above.
Stevens said the utility lines would need to be dug extremely deep to run beneath the retaining wall. He said the town refused to pay the added cost of running the pipes into the site.
Stevens also claims that he presented the town with a development plan designed by Craig Kopasz, of Engineering Associates, that would satisfy the DEQ requirements. Responding to a question from his attorney, Stevens said the town had not commented on the plan.
Stevens also testified that the sheet metal retaining wall was not installed properly. As a result, rainwater runs behind the wall, causing erosion.
Stevens said past Saratoga town councils were not willing to work with him to remedy the problems he described. He said the previous and current administrations are cooperating with him to meet DEQ’s demands.
The DEQ did not ask Stevens any questions. With that, both sides were finished. Environmental Quality Councilman John Corra said the council needed more time to consider the technical information presented in the hearing. Corra said the council’s hands are tied about how to rule.
Following, Councilman Corra’s remarks, the Environmental Quality Council adjourned the hearing. The case will conclude after another public hearing in a month and a half.
