SEELEY LAKE – The Department of Environmental Quality notified Deer Creek Excavating, LLC’s that their application for an Opencut Mining Permit contains deficiencies that must be corrected prior to approving the application. If Deer Creek still wants to pursue the application, they can appeal DEQ’s decision within 30 days or submit a revised application that resolves all deficiencies within a year. If DEQ deems the revised application acceptable, the application will be approved.
The proposed Cottonwood Pit is 26.5 acres located approximately four miles east of Seeley Lake in Powell County. Owner of Deer Creek Excavating, LLC Gary Lewis will be operating the pit.
On Nov. 2, 2017, DEQ conducted a public meeting for the Cottonwood Pit Site application for Opencut Mining Permit. Public comments received at the meeting indicated that the proposed Plan of Operation did not adequately satisfy substantial issues. Specifically:
1. Citizens identified that groundwater may be closer to the surface than identified in the permit application. The proposed plan does not appear to accurately or adequately identify or protect the quality and quantity of surface water and shallow groundwater resources. Based on the proposed plan, it is unclear how the site will be mined without encountering groundwater [§ 82-4-434(3)(l & n), MCA].
2. Citizens identified that the hours of operation proposed in the Opencut permit do not coincide with the hours of operation required by the County Use Permit (CUP).
As a result of these substantial issues, DEQ subjected the application to extended review.
Following the extended review, DEQ identified 40 deficiencies in the application including a general deficiency regarding protection of water resources, specific application deficiencies, map deficiencies and inconsistencies in the supplemental documents.
Deer Creek Excavating, LLC has until Feb. 9, 2019 to resubmit a revised application or the application will be abandoned and void. Once a revised application is submitted DEQ can either approve the application or issue another Deficiency Notice at which time Deer Creek will have another year to address the issues.
The permit application can be viewed at https://searchopencutpermits.mt.gov/ by entering “Cottonwood” in the “Site Name” box and clicking the “Submit” button.
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