El Paso County Commissioner Douglas Bruce is sticking to his guns about holding local agencies and government responsible for dust mitigation regulations.However, nothing has changed since the New Falcon Herald published an article, “All We Are is Dust in the Wind,” by Stefani Wiest in May.”It’s taken too long to develop a rule,” Bruce said. “It’s a lethargic pace … for response. “It’s the same with the trash problem. It’s like swimming in an Olympic size pool of molasses – the system is not geared toward rapid resolve.”Bruce isn’t the only one frustrated about the dust issues. At least one contractor is unhappy with the way the county handles erosion and dust control. Jeff Dwire, who co-owns Dwire Earthmoving and Excavating with his brother, Joel, said even if the county adds a dust regulation, it’s just “lip service.””Why have more rules and laws when you are not enforcing the project plans?” Dwire asked.He referenced Meridian Filing 3. Dwire bid on the project and said that engineers included erosion control plans for wind and water, which stated the contractor would have to stay within 40 acres of disturbances. Dwire said their bid included erosion control and a budget to cover it, but Rice and Rice Contractors beat them out as low bidders. Dwire was told that Rice and Rice had not budged for erosion control as part of their bid. Too many times, contractors avoid budgeting for erosion control and end up having to go back to the developer for more money, Dwire said.Troy Trimble, vice president of Rice and Rice, said they did include erosion plans in their bid.Although the plans specified that only 40 acres were to be disturbed at any given time on the Meridian Ranch project, Dwire said the county eventually gave Rice and Rice permission to open up 30 additional acres even after complaints were filed by nearby residents.Trimble confirmed it. “If (an area) is heavily populated, we can open up 40 (acres) only, and by allowing us to open up 70, there are negative points if the wind blows,” Trimble said. “You are supposed to shut down and do dust control. From now on, we are only going to allow 40 acres (to be open).”According to the May article in the New Falcon Herald, El Paso County Health and Environment regulates the dust and intercepts complaints. However, Paul Danley, engineering division manager for El Paso County Developmental Services, said there is confusion about who does what because county development services inspectors deal with constructions sites “for all the other reasons and grading and erosion control.”The health department requires that all contractors apply for a construction activity permit for air quality standards, Danley said. “The health department permit states that surfaces should be minimized, but it doesn’t give a limit (area),” he said.”We have negotiated on a couple of projects that were out of compliance and out of control,” Danley said. The county doesn’t have regulations on area limits, but he said developmental services worked with Meridian Ranch to get their project in compliance with existing regulations. “We worked with them specifically to keep their site under control,” he said.Because of widespread complaints regarding dust, especially on the plains, Danley said they have scheduled several meetings with the city of Colorado Springs, builders and contractors and the health department to determine how they are going to mitigate the dust problem. “We will make recommendations and come back to the county commissioners in September,” he said, adding that it was “too early” to share recommendations that have already been discussed.Most likely, he said, there will be new regulations. “We have presented a number like (40, 60 or 100 acres) to the industry, already in effect in Arapahoe and Douglas counties,” Danley said.Dwire maintains that the county simply needs to follow the plans that the engineers turn in for approval. He said contractors know what they are supposed to do to control dust but, he added, “The industry has gotten sloppy.””I have no objection to a 40-acre rule, and if you complete your work in a timely, clean manner, you can do it,” Dwire said. “But what happens with these projects is they keep opening up and disturbing new areas. It’s easier to be sloppy … and leave it unfinished for the next contractor.”It’s smart business to plan for environmental issues, Dwire said. Dust is just one of them. Pollution is another.In April, the Dwires were featured in the Gazette in an article touting green companies in Colorado Springs. Dwire said he has invested more than $7 million upgrading the company’s machines that move the dirt. They now run on computer-controlled, low-exhaust emission diesel engines.Dwire said it’s not the money or being a green company that matters. “I don’t like pollution,” he said. “Earth movers put out up to 80 percent of the pollution in the city. I want to clean the air up in the state.”El Paso County does not regulate pollution from construction equipment.Most of the excavators are running engines that are 30 years old, Dwire said. “Each diesel engine puts out what 500 cars do,” he added. “If it was a factory, people would be up in arms.”Dwire said his new machines eliminate the same amount of emissions that 20,000 cars would produce on the streets every day. New machines, from 2003 on, now have low-emissions diesel engines, he said. But his company is the first in Colorado to switch to all-smokeless machines voluntarily.”Someone has got to start a groundswell,” Dwire said. “They (industry and government) are not going to clean it up on their own.”
