Judge sets deadline on gravel mining in Bay Shore
A Charlevoix County Circuit Court decided Friday that gravel mining in a northern Michigan community cannot go on indefinitely — but also won't come to an immediate stop.
The case concerned a 30-year-old consent agreementthat set constraints on gravel mining in the Bay Shore community.
Interveners argued the agreement put a 25-year time limit on mining, while Rieth-Riley Construction, the current owner of the gravel pit, asserted the schedule was "advisory only" and could be changed, according to market demands.
Judge Roy Hayes III said the language in the consent agreement is unclear.
"If the parties intended H&D or their successor, Rieth-Riley, to mine in perpetuity to exhaustion whenever that may be, 25-year time limit be damned, that should have been spelled out in the consent agreement," Hayes said.
Hayes added that Rieth-Riley has until Dec. 31, 2028 to complete mining in Bay Shore. Restoration of the gravel pit must be completed the following year.
Residents have been calling for mining operation to be shut down over the last year.