A Missoula District Court Judge has stopped new work on a gravel pit three miles south of Salmon Lake after area residents filed multiple lawsuits over the validity of the project.
Protect the Clearwater, a nonprofit group of residents near the Clearwater River, successfully petitioned Missoula District Court Judge John Larson on July 17 for a temporary injunction, or hold, on LHC construction’s permit to crush gravel and create asphalt for road projects.
The temporary injunction means work on the project must stop immediately and cannot restart without the judge clearing the hold.
“A delay in restraining (the) defendant from further mining activities at the site will result in immediate and irreparable harm to (the) plaintiff and its members,” the order by Larson said.
The decision will be followed up by a hearing with both LHC Construction and the Montana Department of Environmental Quality on Friday, July 21, at 1:30 p.m. in Missoula County Courthouse. The hearing is open to the public.
Construction on the new gravel pit broke ground last month after LHC applied for a permit on Montana State Trust Lands in March. The company hopes to use the asphalt for infrastructure projects across the Seeley-Swan valley.
Residents strongly opposed the project, writing in its environmental assessment public comment that they have concerns about the impact to migrating wildlife, water quality on the Clearwater River and dust polluting residents’ air.
The gravel pit sits roughly 1,250 feet from the Clearwater River, and about 1,300 feet from privately-owned and state-leased cabins.
In its environmental assessment, the Montana Department of Natural Resources and Conservation ruled the gravel pit would be more environmentally friendly than trucking asphalt from Ovando, an additional 47-mile round trip.
The environmental assessment ruled there would be some potential impact to wildlife and the Clearwater River during the operation of the mine, but those impacts would end with the closing and restoration of the area.
The mine is permitted to operate for up to 17 years, pending regular reviews.
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