Missoula County holds off on controversial gravel pit decision

Missoula County officials held off Thursday on determining whether the expansion of a gravel pit north of Florence could move forward but directed the company and neighborhood group to discuss an effort to find a solution agreeable to both sides. 

In October, Western Materials requested a variance to expand its 80-acre gravel operation off Old Highway 93, as required by the Carlton-area neighborhood’s zoning. Nearby residents have opposed the expansion because of potential effects on the quality of life and the environment, as well as questions about the legality of the gravel mine’s existence in the district.

The area surrounding the property has been zoned for low-density residential use since 1976, allowing only single-family residences, accessory buildings and parks. Although the gravel pit has been treated as a legal use that predates the residential zoning, neighbors uncovered gaps in the permitting history they say brings that status into question. 

Although the county Planning and Zoning Commission — which includes the Board of Commissioners —  acknowledged the historical uncertainties, Thursday’s discussion focused on whether Western Material’s proposal met the criteria for approval and if additional conditions could alleviate the negative effects of the mine. 

“I understand the county’s frustration, you could tell they were getting frustrated with us asking the same questions [on Thursday]. But they have to understand they’re unpacking 30 years of frustration, 30 years of feelings of strong injustice.”

Stephane Fort, Carlton resident

“If we’re just saying, ‘no,’ they just continue on as they have been going, and that’s terrible for the neighborhood,” Commissioner Josh Slotnick said. “If we were to say, ‘yes, and,’ … it could be better.” 

Western Materials and the neighborhood’s Carlton Protection Trust agreed to meet and discuss potential conditions that would address the residents’ concerns before coming back to the county. 

Thursday’s three-hour public hearing was the third meeting on the request, following lengthy discussions on Feb. 22 and April 4. 

In its initial application, Western Materials stated the expansion would provide gravel and sand for local construction and road projects, keep jobs in the county and reduce the mileage and cost of transporting materials from another pit. 

The existing pit has about 20 years left and expansion will add about 30 to 40 years of sand and gravel extraction from the 70 acres to the west, according to Western. Although the operation area would increase from 66 acres to 96, the land won’t all be mined at once, said John Kappes, Western Materials president, during the meeting on April 4. 

The company proposed measures to address concerns from neighbors and Montana Fish, Wildlife and Parks, including constructing berms around the perimeter, keeping stockpiles lower than berms, taking dust reduction measures, changing operating hours, creating wildlife buffers, installing traffic signs and prohibiting mining within 10 feet of the groundwater level. 

County staff incorporated the suggestions into the conditions of approval with additional requirements, including an attempt to limit the lifespan of the mine. The new condition would require the site to be reclaimed once extraction is complete and not used for processing materials from another location.

Dozens of neighbors voiced their opposition to the expansion during the public meetings, in written comments and through petitions. Many were concerned about the noise and dust, increased truck traffic on Old Highway 93, reduction of property values and water quality. 

Since learning about the project in early November, Carlton residents Stephane and Tori Fort requested public records about the property’s history, showing permitting gaps and lack of any previous variance requests, the couple told Montana Free Press. 

“The entire neighborhood was absolutely shocked at what was happening. They’d never been consulted in the past,” Stephane Fort said. “We realized a lot was being misrepresented as to the history and legality of this pit.” 

A 1993 permit to mine on two acres of the site issued to former owner Stanley Hendricksen is the earliest on record for the Carlton-area pit, according to DEQ documents acquired by Fort. 

Aerial photographs from 1955 and 1966 show what may have been a small-scale gravel pit on the site under previous owners, according to a letter from Ferguson and Coppes, the law firm representing the Carlton Land Trust. Public records regarding the 1976 residential zoning petition do not mention any gravel mining operation, the letter states. Photos from the early 1980s show the site covered in vegetation. Hendricksen bought the land in 1991. 

A 1993 county zoning compliance form filled out as part of Hendricksen’s mining permit application states the area is not in an area zoned as residential. As a nonconforming use, Hendricksen’s proposal to mine the site should have been reviewed as a variance request, according to Ferguson and Coppes. 

In 2001, Hendricksen applied to expand the mine to 72 acres. DEQ never issued the permit, but the expansion continued and the agency treated the site as a 72-acre operation in subsequent reports, according to a 2008 letter from a deputy county attorney at the time. In 2009, the Office of Planning and Grants retroactively granted a zoning permit. Western Materials purchased the site in 2015. 

Fort said the neighborhood’s zoning requires that variance decisions be brought to the Board of County Commissioners, which was not done despite several expansions of the gravel pit over the last 30 years. Meanwhile, other projects in the area were held to zoning standards, he said. 

“I understand the county’s frustration, you could tell they were getting frustrated with us asking the same questions [on Thursday],” Fort said. “But they have to understand they’re unpacking 30 years of frustration, 30 years of feelings of strong injustice.”

Montana code allows for county commissioners to approve variances in a citizen zoning district if it “will not be contrary to the public interest where, owing to special conditions, literal enforcement of the zoning regulations would result in unnecessary hardship.” 

On Thursday, Kappes, the Western Materials president, argued the proposal meets the criteria for approval because of the site’s unique conditions and ability to provide an in-demand resource for the region. 

The gravel and sand available on site can be used for all types of construction, which is not the case for many other pits, Kappes said. The expansion won’t mine into the groundwater — something DEQ allows — and will use existing equipment and plants, he said. 

Expanding the operation would reduce the need for additional pits, cutting down on travel time and costs to truck gravel in from farther away, Kappes said. The zoning allows for variances, and the company proposed mitigations to address neighbors’ concerns and has begun implementing some of the measures, he said. 

Western’s variance application argues literal enforcement of the zoning by not allowing expansion would create hardship for the company and the county because of the need for construction materials. 

“This area has proven to provide an incredible resource to this community for decades,” Kappes said during the meeting. “Being able to extract west will continue access to this resource.” 

The Carlton Protection Trust’s attorneys Graham Coppes and Taylor Heggen reiterated concerns about the mining operation expanding without permitting or zoning compliance under its former owner. Further expansion goes against the intent of the zoning district, created to “provide for low-density residential development adjacent to critical resource areas,” Heggen said. 

The proposed variance is not in the public’s interest, does not have special conditions inherent in the site and the hardship is of the applicant’s own making, Coppes argued. 

Western has not shown that a gravel mine outside the residential zoning district’s boundaries would not have the same abundance of materials, Coppes said. Approving the variance would set a bad environmental precedent by allowing an industry that causes pollution and negative health effects in a residential neighborhood, he said. The mine decreases nearby property values, impacting the county’s tax revenue, Coppes said. 

During the meeting, 10 area residents spoke against the expansion and one spoke in favor.  

Neighborhood resident Kevin Sherman said if the expansion goes forward, he’s skeptical Western, or a potential future owner, would adhere to the conditions. 

County planner Jennie Dixon clarified that if the variance is approved, a development agreement would bind Western and any future owners to follow the conditions and the county could enforce compliance. 

Members of the Planning and Zoning Commission — the three county commissioners, Clerk/Treasurer Tyler Gernant and Public Works Director Shane Stack — questioned both parties. 

Commissioner Josh Slotnick asked Coppes why denying the variance and allowing the mine to continue without required mitigation measures would be better for neighbors than “a very highly conditioned yes.” 

Coppes said while hypothetically, stringent conditions could lead to a better outcome, the company is unlikely to agree. 

“To me, the best thing you can do is deny this and let us fight about the legality of the underlying site in court,” he said. 

Slotnick asked if both parties would meet and discuss further mitigation measures because, without approving the variance with conditions, the county doesn’t have the leverage to enforce new behavior. 

“I’m hoping the parties could agree on those measures so we could actually make things better for neighbors now,” he said. “I get we need gravel, … gravel production is not going to end tomorrow, it’s going on for next 20 years, as will the horrible effects. It seems we could make things better for neighbors by making a very highly conditioned yes.” 

Kappes said Western Materials’ actions so far, including a public meeting in November and agreeing to several mitigation measures, show the company is open to further conditions. 

Public Works Director Stack said he would be more comfortable making a decision if Western could evaluate groundwater and determine the long-term impacts. 

The company is required to contain fuel and deal with stormwater so it doesn’t impact groundwater, Kappes said. The proposed mitigations include not digging into the groundwater, but Western would be open to additional studies, he said. 

The county set a special meeting for June 20, following a meeting between Western and the Carlton Protection Trust. 

“I hope that folks recognize that we are not being hasty here,” Commissioner Dave Strohmaier said. “We hear your concerns and are trying to do our due diligence to make sure the situation works for as many parties as possible.”

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