ASLD, shooting facility not reached agreement on lead contamination

By Philip Haldiman, Independent Newsmedia

A case to rezone Cowtown in North Peoria has been continued because an agreement has not been reached between the shooting facility and the Arizona State Land Department, which says their surrounding land has been contaminated with lead from discharged ammunition.

Planner Lorie Dever said ASLD has not rescinded their letter of opposition to the rezoning, so the case has been rescheduled to be heard by the commission March 1.

“There is a material item they wish to work toward and that may take some time,” she said. “While the agreement with State Land and the applicant is outside the purview of the zoning application, staff is making the recommendation to not move the case forward until the letter of opposition has been rescinded. So we are consequently changing our recommendation.”

Brian Greathouse, a land use lawyer representing Cowtown, said the applicant wants to come to an agreement, but it has taken longer than expected.

“We are supportive of a continuance,” Mr. Greathouse said. “We have been and we will continue to work with the state land department. We are ready to hammer this out, but the state is a large organization and not as nimble as well are, so it has been a challenge getting it done. That is the only hindrance. All the terms and everything has been progressing to what we have been talking about for the last couple months.”

ASLD spokesman Mark Scarp confirmed that ASLD and Cowtown  are in discussions to remediate the issue.

“We are still talking with representatives of Cowtown and are hopeful that we will have an agreement by March 1,” he stated in an email.

Over the years, Cowtown, 10402 W. Old Carefree Highway, has hosted a variety of recreational and entertainment activities, including shooting competitions, firearm training classes, and advanced training.

Last summer, the department commissioned an environmental assessment on the land and confirmed lead contamination was found near the south-central portion of Cowtown and recommended it be more fully studied and that contaminated soil be removed and disposed of in accordance with regulatory requirements.

Aside from ammunition trespasses, the department also says other trespasses onto state trust land have occurred, including roads, fences and shooting targets.

State officials not only have health and safety concerns about the facility and its uses, but fiduciary concerns as the lands it manages generate revenues for Arizona’s K-12 schools, and protects against actions that could devalue those lands.

Consequently, ASLD is requesting Cowtown remove any roads or fences that are in trespass on state trust land and restore grading and vegetation to match adjacent undisturbed areas; conduct lead sampling and remediation; and identify measures to safeguard against a recurrence of physical trespass and lead contamination.

Contamination and trespasses surfaced when, in November, Cowtown converted the business to a private membership model and started completing the process of rezoning the property from Special Use Permit and Floodplain to Cowtown Planned Area Development.