Draper Mayor Troy Walker has long said it would likely be better to strike a deal with Geneva Rock rather than letting a judge or jury decide. “It’s always better to make a deal because you get something from it,” Walker said.

After years of back and forth between Geneva Rock and Draper’s Planning Commission and City Council, as well as the Utah Division of Oil, Gas and Mining (DOGM) rulings on the matter and legislative rulings favoring Geneva’s ability to expand operations at the Point of the Mountain, Draper City reached a settlement agreement with Geneva Rock. It was approved by the City Council at the Nov. 12 meeting. 

According to a statement from Draper City, “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.” 

The city’s statement also indicated they recognize this doesn’t resolve all concerns Draper residents may have about environmental impacts, including air quality, but that the city relies on state agencies to enforce standards that Geneva Rock is subject to.

City Manager Mike Barker said, “This settlement agreement is to address Geneva filing a declaration of vested mining use in 2021. Under current state law, upon filing that declaration, Geneva was able to circumvent any of our zoning restrictions. We sought a lawsuit challenging that declaration in 2022. It became apparent we had a couple of challenges right out of the gate, the first being high burden of proof, the second is we could see which way the legislative winds were blowing…reflecting the legislature’s determination that an ample, inexpensive supply of gravel and similar materials was important to the state’s economic growth. Last session, a couple of bills were put on hold…the intent of which was to give Sand & Gravel operators the same rights to expand that Geneva claimed under vested mining status. So, it became apparent that if Draper were to lose at trial, Geneva would have uninhibited ability to mine its whole property.” 

According to Barker, negotiations for this settlement agreement began last April. “This is key—by settling with Geneva, we have taken control of our own future in that both parties have agreed this agreement will control our relationship going forward, irrespective of any legislation that is passed in the future,” Barker said. 

Specifics of the agreement include Geneva will preserve roughly 66 acres of land on Steep Mountain’s north and south faces (no mining activity will take place, it will remain in its natural state), 23 acres will be reclaimed, Geneva commits to leaving Steep Mountain intact with contractual restrictions preventing all mining in preserved areas, and Geneva will enhance safety by removing the high wall they resurrected. 

“There’s a very strong argument this the settlement preserves Steep Mountain and the wind patterns…for the flight park in Draper and the state flight park in Lehi. There’s something unique about the way these mountain faces interact with wind currents that create updrafts ideal for hang gliding,” Barker said. 

The city has spent more than $400,000 fighting this latest lawsuit with Geneva and Geneva’s DOGM application to amend its mining permit. The back and forth between Geneva and Draper City goes back nearly a decade. “Sometimes you’ve got to spend some money so you get to the point that you can resolve a matter,” Barker said. 

Several members of the council praised Geneva’s efforts toward settlement, including councilmember Mike Green. “I think this is a win for our community. I’m very grateful for our partners with Geneva for working with us,” he said.

Walker summed it up with these words: “Nothing makes a partnership like a good lawsuit. We did as good as we could do. We saved Steep Mountain forever.”