SEELEY LAKE – More than 70 concerned citizens attended the Department of Environmental Quality public meeting Nov. 2 to voice their support, concern or find out more information regarding the opencut mining permit submitted by Deer Creek Excavating, LLC. The meeting goal was to help inform the public of what is known about the Cottonwood Pit and to listen to public comments on the local perspective and conditions that may not be in the application that will help aid DEQ in their review process.
The proposed Cottonwood Gravel Pit is located approximately four miles east of Seeley Lake. The permit specifies that access to the site would be along Morrell Creek Road, Forest Service 477 and Cottonwood Lakes Road. The permit and the Conditional Use Permit (CUP) approved by Powell County both state that Evergreen Drive on the Double Arrow Ranch will not be used as a haul route. All material for the Ranch would be hauled via Highway 83.
Swamp Creek is approximately 100 feet from the west proposed permit boundary. There are also some pothole lakes and ponds within 1,000 feet. The Double Arrow Ranch subdivision is located less than a half-mile to the south.
The permit application includes an asphalt plant as well as onsite fuel storage and some stockpiling of asphalt material. The permit specifies a December 2027 reclamation deadline with a proposed post-mining land use of pasture rangeland with a stockpile of material for the landowner.
The Open Cut Mining Act regulates gravel mining in Montana. It started in the 1970s with the intent to ensure that pit sites were reclaimed and that the land was returned to a productive post-mining land use. The requirements to obtain a permit are focused on environmental protection and returning the pit to a productive, post-mining land use.
Colleen Owen is the DEQ Open Cut Scientist reviewing the application. Owen explained that DEQ is not biased for or against any open cut mining operation.
“The decisions throughout the permitting process must be solidly based on the law [Open Cut Mining Act] and rules. As a result DEQ must disapprove any permit application that does not meet the requirements of the law and rules and must approve any permit application that does,” said Owen.
DEQ can take one of three actions: Approve the permit; Send Deer Creek Excavating a deficiency letter; or Determine an extended review is needed.
If DEQ sends a deficiency letter, Deer Creek Excavating, LLC will have up to a year to revise the application.
If an extended review is needed, DEQ has 90 days to do additional research and gather more information and provide the operator with a deficiency letter stating what needs to be revised in the permit. The operator then has up to a year to resubmit the application.
If the permit is approved, any citizen that observes activities that violate the permit can file a complaint with the DEQ enforcement division.
“DEQ does investigate all the complaints that they get,” said Owen. “If an operator is found to violate their permit, DEQ can take enforcement action to correct the problem.”
The public questioned a panel of agency representatives and Deer Creek Excavating, LLC owner Gary Lewis.
Water flows into and bisects the mining site from the northeast to the southwest. How will the plan of operation be amended to address the ephemeral stream? Lewis acknowledged the spring runoff and said it flows from the top corner and runs into the slough area. Lewis said the water was no longer running this spring once Cottonwood Lakes Road was opened. A member of the public countered the statement and said they had a video of the water flowing from May 8.
Is there anyone above DEQ that can deny the gravel pit? DEQ Open Cut Mine Program Supervisor Chris Cronin said, “The short answer is no.”
Who is responsible for the maintenance on Cottonwood Lakes Road and the bridge on Morrell Creek with all the increased heavy-truck traffic? Seeley Lake District Ranger Rachel Feigley said the landowners on Cottonwood Lakes Road (Forest Road 477) have a long-standing easement. Feigley said as the manager of the Cottonwood Lakes Road, the District entered into an operations and maintenance agreement with the landowner for the proposed pit who would ultimately be responsible for the maintenance on the road caused by the additional use. “They have a right to use the road,” said Feigley. “As the road manager we are trying to help them be responsible for the maintenance commensurate with the use that would occur.”
Will there be any improvements to widen the Cottonwood Lakes Road? Feigley said that the road was designed as a single lane road with turnouts. Mitigations would be traffic control measures with signage at the responsibility of Deer Creek Excavating.
What safety procedures are in place for recreationists using Cottonwood Lakes Road that may meet hauling trucks? Feigley said that one of the appendices in the Operations and Maintenance plan refers to public traffic. Limitations include traffic control devices, signage, limited hours of haul from 7 a.m. - 7 p.m. Monday through Friday, and 25 mile per hour speed limits are included. Feigley said that the agreement is only good for a year “because we wanted to see if the gravel pit was approved and operations move forward. We can monitor what that use looks like and seeing if what we put in this plan thus far is adequate to support the maintenance and safety standards for that road.”
What plans does Deer Creek Excavating have for haulers to address public safety? Owner Lewis said his drivers will abide by the speed limit and have necessary “Truck Hauling” signage when necessary. “The Forest Service has regulated in their contract with us what we will do to drive on that road safely,” said Lewis. “We cannot control the UTV razors that are speeding because there is a speed limit on those roads, 35 miles per hour. My drivers will be very careful about that because we know people are not always doing what they are supposed to be doing.”
What improvements have been made by the Forest Service on the Cottonwood Lakes Road because of the Rice Ridge Fire? Feigley said the suppression repair brought the road back to the place it was before the fire but did not improve it.
Is there anyway to be compensated for the devaluation of the property values? Cronin said no. The open cut mining act requires mining land be reclaimed to ensure its land value is maintained but the act does not speak to adjoining property values.
Is there quantifiable data on the noise produced by a gravel pit? Cronin said the short answer is no, there is not quantifiable data. While the Open Mining Act does not allow DEQ to require operators to analyze the sound, the act does allow DEQ to require berms, soil piles and vegetative plantings because sound waves travel in a line of sight. In theory he said, if the line of sight is blocked, the sound is dampened. The act also provides the ability for DEQ to limit the hours of operation.
Is an air quality permit required? DEQ Air Quality Specialist Ed Warner said an air quality permit is required for sources of emissions that have the potential to emit more than a certain level. This could include a gravel crushing facility and a portable asphalt plant.
Is the air quality permit easy to obtain? Warner said there is a public process to obtain an air quality permit. Notices are required in the public newspaper and there is a minimum time frame before they move in so the public has time to ask questions and make comments.
To have an asphalt plant on this location would there have to be an air quality permit? Warner said yes although a facility that already holds an air quality permit could move in. Then they would not have to get a new permit or provide notice that they are going to begin operations.
Does Deer Creek Excavating already hold an air quality permit? Lewis said no because they do not do any of their own crushing or processing. “At this time there are no plans to put in an asphalt plant, however, it would be silly of me to put in an application without having that ability later if I need it,” said Lewis.
Since there are no electrical lines to the property, if there is going to be an asphalt plant they would have to use diesel generators. How is the air monitored in the area if the diesel generators are used? Warner said diesel generators are regulated on the federal level and must meet emission requirements. Since a lot of the portable facilities require power, diesel generators are often part of their air quality permit. The generators often have limited annual hours but the DEQ permits do not go above and beyond the federal emission standards.
Who will be doing the crushing? Lewis said he uses various crushers who come to his site for around a month and crush enough gravel for a year or maybe two.
Where is the water source coming from that will be used to operate the site since there are no water rights on the site? Lewis said they won’t need a water source unless they bring in a pug mill. If they do, it was determined they could use the ground water at the site. “But we are not going to do a pug mill, so I don’t think we need water,” said Lewis.
Provided you do have a pug mill, how many acre-feet of water would you use? Lewis said since he doesn’t have a pug mill, he doesn’t know. Since it is part of an asphalt operation it would be dealt with if they bring in an asphalt plant.
If the Lewises pursue bringing in an asphalt plant, are there initial steps needed to ensure they meet all environmental regulations? Owen said fuel storage above 1,320 gallons on site requires another permit. Their contractor would also have to have an air quality permit to operate on site.
What ground water would be used if needed? Lewis said they hit water in one of the test holes at 10 feet. So he could just pull from that water if it is legal.
What is the difference between ground water and the water table if there are no water rights? Owen said that the DEQ permit requires that the operator consult with Montana Department of Natural Resources and Conservation regarding water rights and usage at the site.
How would the water be disposed of? That would also need to be included in the permit.
Would the diesel generators produce more emissions than the wood burners currently in the area? Warner said he did not have an answer.
Can the Powell County Conditional Use Permit be revised? That could solve a lot of the problems regarding traffic issues. Powell County Planner Carl Hamming said the CUP can be amended. If it is a substantial change and would affect adjacent landowners, there would be another public hearing before the planning board. If it is an insignificant change like a typo or planning department error, it can be fixed without a hearing.
Would it affect the DEQ process by revising the CUP? Hamming said it would depend on the condition of the amendment and what was trying to be changed.
The smell and fumes of an asphalt plant do not originate in the mixing process, it originates on site in the machines that heat it up and lay it out on the road? Warner said basically that is correct. The asphalt oil is generally the source of the smell. It is true that a large quantity of asphalt cannot be made and stored on site. It is made to order.
If the water is accessible at 10 feet in one well, is it understood how that would affect water quality downstream? Owen said to affect ground water resources it is assumed that they would be mining into the ground water. Because the permit application states that they will not be mining into ground water, they would not be impacting and downgrading the ground water.
Will the DEQ limit the hours of operation since the proposed pit is bordering a residential and strong recreation area? Owen said absolutely they would. The proposed hours of operation are proposed at 7 a.m. – 7 p.m. Monday to Friday.
Following the questions, several comments were made both in support and against the proposed gravel pit.
Supporters of the proposed pit spoke to Lewis’s character calling him, “professional, reliable, a man of integrity, someone who takes pride in his work and follows the laws.”
Many brought up the benefits of the proposed pit. It would add another local option for gravel and help keep prices down. This would help the local economy. The pit is also proposed on a private piece of property with no covenants.
Supporters also specifically addressed some of the concerns raised by the opposition:
• Wildlife doesn’t care as demonstrated by the mill, shooting range, existing gravel pit on Highway 83, etc.
• Cottonwood Lakes Road was built for logging trucks so it can handle the heavy traffic.
• There is a recycled asphalt pile less than 100 feet from Morrell Creek that no one has raised concerns about it.
• The existing gravel pit at the south entrance of Seeley Lake is right next to the golf course. It is not noisy or dusty and does not keep tourists away.
Many requested DEQ require a full hydrologic study prior to approving the application. They argued that the application doesn’t declare any of the ephemeral drainages, creeks or wetlands on the property and there has been no onsite evaluation of the wetlands. The proposed berms on the site would divert the water but it is unclear what the effects would be.
Several members of the public pointed to the Natural Resources Conservation Service data for the site that stated the water table on the site is significantly higher than the 10 feet listed in the application. Many argued the site would need to be mined to more than 12 feet deep, versus the five feet listed in the application, to remove the requested amount of material. This could jeopardize wells. It could add to nutrient loading in the streams compromising critical bull trout habitat and native cutthroat trout as well as add to the already taxed lakes. It could also negate the hundreds of thousands of dollars of restoration work invested in the watershed.
Others were concerned with the air quality should an asphalt plant be utilized. If the asphalt plant is brought it, the application does not address where water will come from or how it will be stored or discharged.
Several concerns were also voiced to DEQ regarding the noise pollution that would result from the gravel operation and how it will negatively affect wildlife and neighbors since it is located next to a residential area.
Others felt the gravel operation would negatively affect tourism and more safety measures must be employed for recreationalist traveling Cottonwood Lakes Road.
The permit application can be viewed at https://searchopencutpermits.mt.gov/ by entering “Cottonwood” in the “Site Name” box and clicking the “Submit” button.
Comments are due by Nov. 9. Email comments using the “Public Comment for Deer Creek Excavating, LLC – Cottonwood Site” link under “Opencut News” at http://deq.mt.gov/Land/opencut, or by U.S. mail addressed to the DEQ Opencut Mining Section, PO Box 200901, Helena, MT 59620-0901. DEQ will make their determination by Nov. 14.
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