Jury approves limestone quarry

Conditions set for Cross Hollows operation in state’s NW

BENTONVILLE — A jury voted to allow an application for a limestone quarry in the Cross Hollows area but also set conditions for the mining operation.

The panel deliberated for almost two hours Monday afternoon before returning with their verdict in Cross Hollows Preservation Association’s lawsuit trying to prohibit mining at the site.

The association filed the lawsuit Jan. 15, 2020, about a month after the Benton County Planning Board approved a limestone quarry northwest of Lowell.

The Cross Hollows mine is at 1425 N. Old Wire Road. It has been used as a red dirt mine since 2008.

Part of the 135 acres owned by David Covington is laid out in 10-acre sections. Each section represents a five-year operating period for proposed limestone production, according to the Planning Department’s summary on the project.

Covington and Anchor Stone of Tulsa, which wants to lease the land and quarry the stone, were allowed to enter as intervenors in the case.

The jury listened to testimony last week. The attorneys gave their closing statements Monday, then jurors started their deliberations.

The jury had three options: approve the application, approve the application with conditions or deny the application.

Mark Hodge, one of the attorneys for Covington and Anchor Stone, urged jurors to approve his clients’ application with 11 conditions related to mining only 50 of the acres, hours of operation, signage, paving a road, blasting only once a month and not removing trees from the property.

Joey McGehee, one of the association’s attorneys, asked jurors to deny the application to preserve the agricultural and rural character of the area. He said the quarry would change the agricultural nature of the area.

“The applicants are trying to put lipstick on a pig, but it’s still a pig,” McGehee said.

George Spence, Benton County’s attorney, told jurors to resolve the matter based on the planning regulations.

Spence said the jury really had two options, since Hodge asked to approve the application with conditions.

Spence said jurors could approve the application with conditions or deny the application.

The jury’s verdict did not have to be unanimous. Ten of the 12 jurors voted to allow the mining application with the conditions Hodges presented to the panel.

The jurors also voted on two other conditions where Covington is required to pave the private road to Arkansas 265 and if any archeological artifacts are discovered, additional exploration shall be done additional areas are quarried.

McGehee told jurors in his closing statements that the quarry could damage the area, which has historical significance due to camps there during the Civil War and the Trail of Tears.

Marin Miller, who lives at 1110 Honeysuckle St. in Lowell, is president of the association.

She testified Friday and asked jurors to deny the request for the limestone quarry. She said she believes the quarry will damage area residents’ quality of life. She told jurors once the damage is done to the area, there is no reversing it.

Miller was one of several nearby property owners to testify at the trial.

Benton County’s circuit judges recused from the case, and Pulaski County Circuit Judge Mackie Pierce was appointed as special judge to preside over the case. The trial was held in the Quorum Court Room in the Benton County Administration Building.