Decisions of State

The State of Montana, through the Department of Natural Resources (DNRC) and Department of Environmental Quality (DEQ) approved the Elbow Lake Gravel Pit and Asphalt Plant in 2023. The 20 acre site of the gravel pit on Highway 83 is part of the critical wildlife corridor to and from the Blackfoot-Clearwater Wildlife Management Area (BCWMA). The rationale for the decision by the state to approve the pit was that it needed funding to support education. The decision was made despite overwhelming opposition to the gravel pit from the citizens of Montana.

The approval by DNRC and DEQ to use this land for a gravel pit is completely contradictory and undermines a monumental decision made by the state in 2009, through Montana Fish, Wildlife and Parks (MFWP) and the Montana Department of Transportation (MDOT) to preserve 53 acres of land directly north and adjacent to the 20 acre parcel approved for the gravel pit.

This 53 acres was purchased by the state from a private owner and had an appraised value of 1.6 million dollars in 2009. FWP worked with the private developers of the River Watch subdivision, just north of this 53 acres, to preserve acreage for the same purpose.

This land acquisition and preservation was intended to extend the wildlife corridor from the adjacent 20 acres approved for the pit. The state has the obligation of protecting the value of our land. What would be the appraised value of this parcel now with a gravel pit and asphalt plant next to it?

If the 53 acres had been developed into a subdivision, the revenues generated for public education from taxation would have far exceeded any revenue to the state generated by the gravel pit. Folks from the FWP and DOT realized that any monetary compensation to the state i.e., property tax revenue from the subdivision to fund public education or for any other purpose, paled in comparison to the lifetime preservation of critical wildlife habitat.

Unlike individuals from DNRC and DEQ who made the illogical decision to approve the gravel pit, the people who made the decision to protect that critical habitat in 2009 had the foresight, conviction and perseverance to preserve this land — our land for future

generations — forever.

Another example of flawed decision making from DNRC relates to the justification of approving the gravel pit based on wind patterns.

Within the first two weeks of the operation of the gravel pit before it was shut down, dust covered cabin sites, and was found in Elbow Lake and the Clearwater River. Fortunately, Judge Larson granted a preliminary injunction stopping all operations of the Elbow Lake Gravel Pit. This decision is currently under appeal to the Montana Supreme Court.

Protect the Clearwater, a nonprofit organization, has been at the forefront of the legal effort to protect our land and preserve it for future generations. Please support Protect the Clearwater by contributing to their legal fund at https://protecttheclearwatermt.org/.