Celebrate Homes was fined $21,500 for violating dust control regulations during site preparations on Mesquite Avenue Aug. 14-16. Hearing Master Henry Melton levied the fine Thursday.

The amount represented a decrease from the $33,000 fine originally imposed by Nye County Air Quality Compliance Officer George Bernath. The company had been fined $5,500 for each of the three days of violation of fugitive dust regulations and $5,500 for each of the three days of violating rules on "track out," or dirt dragged out onto paved streets by construction trucks, which is later churned up into dust by traffic.

There were numerous complaints from Pahrump residents about the blinding dust on Mesquite Avenue. "I think everybody agrees there was fugitive dust," Melton said. "The tooth fairy didn't bring it."

The main issue of the hearing at the Bob Ruud Community Center centered around the fine, he said.

Marcus Leavitt, representing Triton Grading and Paving Company, said his crews hauled out 114,000 cubic yards of dirt to the site; with each truck load about 25 cubic yards, it took 57 to 58 days to deliver.

Bernath testified he visited the property Aug. 14 and Aug. 15 and noticed the violations. He eventually issued a verbal stop work order during a visit at about 1:30 p.m. on Aug. 16 due to the track out. He said it covered the entire width of Mesquite Avenue.

Triton Foreman Chris Metzell testified the track out was in excess of a normal job. There was a track-out pad that was supposed to absorb the rocks and dirt at the site, he said.

Metzell said he couldn't rent brooms or sweepers in Pahrump; the company eventually rented a water truck. There was a dispute over whether a sweeper was required in the plan when Celebrate Homes obtained the building permit.

"The track out wasn't neglected," Metzell said. "We were taking care of it all day. It was always clean in the morning. It started getting bad around noon."

Metzell also complained about the dirt at the site.

"It's like poof dirt, worse than anything I've dealt with in Clark County."

Matt Rosenberg, representing Celebrate Homes, said after company representatives appeared before the compliance review committee, they assumed the fine would be $21,500. They were surprised to receive a certified letter stating the fine was actually going to be $33,000.

"I'm quite perplexed regarding all this commotion. That could've been resolved between Nye County and the general contractor," Rosenberg said.

John Prlina, also representing Celebrate Homes, said developing a site like that is an imprecise process that has challenges, including importing dirt.

"It's not uncommon to take a few days to tune yourself up," he said. "The fine is very excessive for the amount of effort put forth."

Leavitt said it was the first project they did in Pahrump. He said Triton went beyond their normal plan to control track out.

Bernath said afterwards Celebrate Homes can still appeal the fine to the Nye County Commission.

After the Thursday hearing Nye County Public Works Director Samson Yao said he thought the fine was too low. He thought the fine would mean nothing on a project of that size.

Celebrate Homes tentatively outlined plans to build on 405 lots between Highway 160 and Blagg Road south of Mesquite Avenue.