Commissioners uphold special use permit

Churchill County commissioners upheld April 16 a special use permit for a proposed outside battery storage yard and an explosion/combustion battery testing facility on Bango Road near an oil re-refining facility.

Churchill County commissioners upheld April 16 a special use permit for a proposed outside battery storage yard and an explosion/combustion battery testing facility on Bango Road near an oil re-refining facility.
Photo by Steve Ranson.

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Churchill County commissioners upheld a special use permit with further conditions after hearing testimony and public comment April 16 during an appeal hearing.

Honey Gibbons, Carolyn Kendrick-Heaverne and Bernadette Francke filed appeals against a permit previously approved by the Churchill County Planning Commission for NNV Investments LLC, a subsidiary of the battery recycling and remanufacturing business Redwood Materials. The proposed plans are for an outside battery storage yard and an explosion/combustion battery testing facility in an industrial-zoned area on Bango Road.

Don Tatro, director of state and local policy at Redwood Materials, represented the company at the hearing. Some issues debated were potential lithium contamination in the Lahontan Reservoir and soil, private property owner rights, summer temperatures, fire regulations and the partly-experimental nature of the facility.

Concerns were also raised about whether a combustive facility should be operating near the oil refinery. Francke agreed that recycling is a positive thing, but said the location needs to be in an isolated area.

“Experiment all you want where it doesn’t impact any residents,” she said, while making a large waving motion. “It needs to be way away.”

Multiple commenters cited a general lack of confidence in the enforcement of any regulations due to what they said were ongoing unresolved problems with emission odors from companies Safety-Kleen Systems and Bango Oil refining plant located on Bango Road.

Kendrick-Heaverne, another appellant, presented information from her research about potential road transportation hazards and fires allegedly caused by the batteries in other locations.

Commissioners said that setting definitive regulations is proving to be a challenge because there are currently no requirements or guidelines from the Environmental Protection Agency or the Occupational Safety and Health Administration regarding the fairly new science of processing lithium batteries. County Manager Jim Barbee said the Truckee-Carson Irrigation District had submitted a letter stating its stance regarding the facility is “neutral.”

Following more than four hours of debate and discussion, commissioners upheld the original conditions of the special permit with some additional requirements.

Commissioner Eric Blakey mandated that the company follow all current and future standards as required by the fire marshal and said the county would not allow them to monopolize the fire department with emergencies. Public Works Director Randy Hines said he thought it was a positive thing that the Redwood Materials plan already includes procedures that are part of the International Fire Code 2024 standards and the potential amendments for 2027 standards.

Commissioner Myles Getto said the future Redwood Materials wells must be added to the roster of testing which had been approved at the commissioners’ regular meeting earlier in the day.

Commissioner Matt Hyde pushed for onsite soil testing before building begins, then again on a yearly basis with additional random testing as deemed necessary.

“If no one is going step up and make a gold standard for this and make regulations then maybe it needs to be little old Churchill County,” Hyde said. “Because we’ve got to protect property rights, but we’ve got to protect the people.”

Hyde asked Tatro if Redwood Materials is trying to set the gold standard.

“Absolutely,” Tatro replied. “We consider ourselves a leader in this and we’ve worked with local jurisdictions, federal jurisdiction and first responders to improve processes to ensure that this isn’t a hazard. Our whole company is designed to do the right thing. That’s what started it and that’s what continues to be our north star.”

Commissioners also:

● Approved an interlocal five-year agreement between the Nevada Division of Agriculture and Churchill County to collect, test and submit reports on groundwater samples in Churchill County.

● Heard an update from the Bureau of Land Management's Carson City District presented by Mark Mazza, assistant field manager, and Nate Pepe, geologist.

● Approved a public agency agreement with the Nevada Department of Transportation and a defense access road agreement with the U.S. Navy for the reconstruction of Lone Tree Road.

● Approved to levy a special assessment on each taxable water user in the Carson Desert Groundwater Basin totaling $10,000 and to certify the amount for the special assessment to be entered on the 2025-26 secured tax role by the county.

● Approved a special assessment on each permitted water right holder in the Lovelock Valley Groundwater Basin totaling $1,438, on each permitted water holder in the Dixie Valley Groundwater Basin totaling $4,570.55, on each permitted water right holder in the Brady’s Hot Springs Area totaling $5,685.54 and to certify the amounts for the special assessments to be entered on the 2025-26 secured and unsecured tax rolls by the county treasurer.

● Approved to downgrade an auxiliary deputy position at the sheriff’s office to the class specification of a range master and assign it to pay grade 42 at a starting wage of $20.70 per hour.

● Approved an employment offer for an exceptional applicant to the District Attorney's Office to be placed at deputy district attorney II, Step 7.

All public meetings are available to view via livestream or recording on YouTube at the “ChurchillCounty” channel.