DEQ issues permit for gravel pit
By LARRY KLINE - Independent Record - 06/05/08
The state Department of Environmental Quality on Wednesday issued a permit allowing Helena Sand & Gravel to develop a 111-acre gravel pit north of East Helena, an operation that has sparked controversy and environmental concerns among nearby homeowners.
The permit was issued before an expected District Court order required DEQ to issue it and before Lewis and Clark County commissioners could take action on proposed citizen-initiated zoning regulations, which may have outlawed the operation.
“Obviously we are indeed pleased they got that out before the (zoning) hearing,” company Vice President Scott Olsen said.
“This has been an emotional issue,” he added. “There have been a lot of legitimate concerns raised,” but those have been addressed by the environmental assessment and the restrictions placed on the company’s permit, Olsen said. “Our intention going forward is to move out there and show the neighbors that we can be a good neighbor. We want to be part of the community for many years to come.”
Olsen said operations will begin soon, but didn’t have a start date. The company had planned to start digging this spring but was delayed by the permit process.
Rep. Jill Cohen our, D-East Helena, said residents’ opposition to the pit has been based on the environmental issues at the site, which is designated by the U.S. Environmental Protection Agency as a Superfund site and contains levels of lead, arsenic, cadmium and other contaminants. “I’m incredibly disappointed in the way that this has turned out,” Cohen our said. “(Residents) deserve a little bit better treatment than this.
“We have to change these regulations on behalf of the people. Their ability to work with their government … has been clearly damaged by this whole thing,” she added, promising in the 2009 legislative session to rework rules regarding the public decision-making process. Cohen our does face an opponent in the Nov. 4 general election.
“I want to make sure that we don’t leave messes, like we have done in the past, for future generations to clean up,” Cohen our said. “East Helena is already dealing with that.”
Helena Sand & Gravel eventually plans to excavate the entire site, which is larger than 400 acres, Olsen said. The DEQ permit only allows work on 111 acres at the center of the property. The company would have to apply for and receive an amended permit to expand the pit. Olsen said the 111-acre site likely will supply the company for 10 to 15 years, depending on economic factors.
DEQ spokeswoman Lisa Peterson said the pending judge’s order didn’t affect Dew’s issuance of the permit. The environmental assessment was completed Wednesday, so the permit was issued, she said. Peterson said final environmental studies and permits are often issued at the same time, and she noted the public had ability to comment on the draft study last winter. She defended the agency’s practice of not asking for public comment on final environmental assessments.
“If you keep it a running conversation, especially when something is really controversial, there’s never any resolution,” Peterson said. “It becomes an ongoing negotiation.”
She also defended a decision to use an outside engineering firm, which was paid by Helena Sand & Gravel to do the study. Though the company paid for the firm’s work, the results were sent to DEQ first. Peterson said there was a “wall of separation” between the firm and Helena Sand & Gravel.
“(The firm) is in essence working for us, even though Helena Sand & Gravel is paying for it,” she said.
According to the permit, Helena Sand & Gravel’s operations have been scaled back from the company’s original proposal. Company officials initially wanted to excavate gravel for 20 hours a day, seven days a week.
The permit limits Helena Sand & Gravel’s excavation operations to between the hours of 7 a.m. and 7 p.m. weekdays. No work will be conducted Sundays, and Saturday work will only be allowed from 10 a.m. to 6 p.m. when the company is facing contract deadlines or other special circumstances.
The company’s concrete and asphalt plants may only operate between 5 a.m. and 8 p.m. weekdays. When the company is facing contract deadlines, it may operate the concrete plant between 7 a.m. and 5 p.m. on Saturdays and its asphalt plant between 10 a.m. and 6 p.m. on Saturdays.
If the company wants to extend the pit’s hours of operation, it must ask DEQ officials for a variance and use collected noise-level data to prove it has kept operations below 65 decibels. DEQ would consult county commissioners before making a variance decision.
Residents have raised numerous concerns about the site’s soils, fearing Helena Valley winds will spread the contaminants to their homes.
All topsoil at the site will be piled into beams and planted in an effort to control dust.
The DEQ permit also requires the company to separately stockpile soil with lead levels above 500 parts per million.
As Helena Sand & Gravel excavates the site, it will be required to conduct soil sampling and analysis before breaking any new ground.
Before the company disposes of those soils or uses them to reclaim the area, it must obtain approval from DEQ and the U.S. Environmental Protection Agency. The company will essentially be required to remediate the contaminated soils, Peterson said.
“We didn’t put (the contaminated soils) there, but we’re going to help clean them up,” Olsen said.
He said some of the soil samples showed lead levels of 1300 ppm, well above the EPA’s regulatory action level, but he said those samples were taken from “worst case” sites on the property. Other samples showed levels below 500 ppm, he said.
Residents also worried about their water supplies.
The company only will be able to excavate to within five feet of groundwater, with the depth-to-water level being determined by ongoing well tests. Workers will only dig to a depth of 15 to 20 feet in the next few years, Olsen said, and monthly well tests will have established groundwater levels by the time the company begins to dig deeper.
Most of the water used in the operations will come from the Helena Valley Irrigation Canal. The company will be able to use groundwater between October 15 and April 15 or on a temporary basis if water from the canal is unavailable. The company will use 5.5 million gallons of groundwater per year, and flows will be monitored and reported to DEQ.
DEQ and the company also attempted to mitigate other resident concerns. Trucks will not be allowed to idle more than 15 minutes at a time, reducing noise and air pollution. Delivery trucks will not pass through nearby school zones between 7:45 and 9 a.m. and 3 and 4 p.m.
The company will install equipment at the asphalt plant to remove oil droplets from emissions, cutting down on odors.
In the environmental assessment, DEQ officials said the restrictions placed on the company fulfill the Montana Constitution’s guarantee of a clean and healthful environment.
This story was first posted on helenair.com at 3:12 p.m.
Reporter Larry Kline: 447-4075 or larry.kline@helenair.com
The permit was issued before an expected District Court order required DEQ to issue it and before Lewis and Clark County commissioners could take action on proposed citizen-initiated zoning regulations, which may have outlawed the operation.
“Obviously we are indeed pleased they got that out before the (zoning) hearing,” company Vice President Scott Olsen said.
“This has been an emotional issue,” he added. “There have been a lot of legitimate concerns raised,” but those have been addressed by the environmental assessment and the restrictions placed on the company’s permit, Olsen said. “Our intention going forward is to move out there and show the neighbors that we can be a good neighbor. We want to be part of the community for many years to come.”
Olsen said operations will begin soon, but didn’t have a start date. The company had planned to start digging this spring but was delayed by the permit process.
Rep. Jill Cohen our, D-East Helena, said residents’ opposition to the pit has been based on the environmental issues at the site, which is designated by the U.S. Environmental Protection Agency as a Superfund site and contains levels of lead, arsenic, cadmium and other contaminants. “I’m incredibly disappointed in the way that this has turned out,” Cohen our said. “(Residents) deserve a little bit better treatment than this.
“We have to change these regulations on behalf of the people. Their ability to work with their government … has been clearly damaged by this whole thing,” she added, promising in the 2009 legislative session to rework rules regarding the public decision-making process. Cohen our does face an opponent in the Nov. 4 general election.
“I want to make sure that we don’t leave messes, like we have done in the past, for future generations to clean up,” Cohen our said. “East Helena is already dealing with that.”
Helena Sand & Gravel eventually plans to excavate the entire site, which is larger than 400 acres, Olsen said. The DEQ permit only allows work on 111 acres at the center of the property. The company would have to apply for and receive an amended permit to expand the pit. Olsen said the 111-acre site likely will supply the company for 10 to 15 years, depending on economic factors.
DEQ spokeswoman Lisa Peterson said the pending judge’s order didn’t affect Dew’s issuance of the permit. The environmental assessment was completed Wednesday, so the permit was issued, she said. Peterson said final environmental studies and permits are often issued at the same time, and she noted the public had ability to comment on the draft study last winter. She defended the agency’s practice of not asking for public comment on final environmental assessments.
“If you keep it a running conversation, especially when something is really controversial, there’s never any resolution,” Peterson said. “It becomes an ongoing negotiation.”
She also defended a decision to use an outside engineering firm, which was paid by Helena Sand & Gravel to do the study. Though the company paid for the firm’s work, the results were sent to DEQ first. Peterson said there was a “wall of separation” between the firm and Helena Sand & Gravel.
“(The firm) is in essence working for us, even though Helena Sand & Gravel is paying for it,” she said.
According to the permit, Helena Sand & Gravel’s operations have been scaled back from the company’s original proposal. Company officials initially wanted to excavate gravel for 20 hours a day, seven days a week.
The permit limits Helena Sand & Gravel’s excavation operations to between the hours of 7 a.m. and 7 p.m. weekdays. No work will be conducted Sundays, and Saturday work will only be allowed from 10 a.m. to 6 p.m. when the company is facing contract deadlines or other special circumstances.
The company’s concrete and asphalt plants may only operate between 5 a.m. and 8 p.m. weekdays. When the company is facing contract deadlines, it may operate the concrete plant between 7 a.m. and 5 p.m. on Saturdays and its asphalt plant between 10 a.m. and 6 p.m. on Saturdays.
If the company wants to extend the pit’s hours of operation, it must ask DEQ officials for a variance and use collected noise-level data to prove it has kept operations below 65 decibels. DEQ would consult county commissioners before making a variance decision.
Residents have raised numerous concerns about the site’s soils, fearing Helena Valley winds will spread the contaminants to their homes.
All topsoil at the site will be piled into beams and planted in an effort to control dust.
The DEQ permit also requires the company to separately stockpile soil with lead levels above 500 parts per million.
As Helena Sand & Gravel excavates the site, it will be required to conduct soil sampling and analysis before breaking any new ground.
Before the company disposes of those soils or uses them to reclaim the area, it must obtain approval from DEQ and the U.S. Environmental Protection Agency. The company will essentially be required to remediate the contaminated soils, Peterson said.
“We didn’t put (the contaminated soils) there, but we’re going to help clean them up,” Olsen said.
He said some of the soil samples showed lead levels of 1300 ppm, well above the EPA’s regulatory action level, but he said those samples were taken from “worst case” sites on the property. Other samples showed levels below 500 ppm, he said.
Residents also worried about their water supplies.
The company only will be able to excavate to within five feet of groundwater, with the depth-to-water level being determined by ongoing well tests. Workers will only dig to a depth of 15 to 20 feet in the next few years, Olsen said, and monthly well tests will have established groundwater levels by the time the company begins to dig deeper.
Most of the water used in the operations will come from the Helena Valley Irrigation Canal. The company will be able to use groundwater between October 15 and April 15 or on a temporary basis if water from the canal is unavailable. The company will use 5.5 million gallons of groundwater per year, and flows will be monitored and reported to DEQ.
DEQ and the company also attempted to mitigate other resident concerns. Trucks will not be allowed to idle more than 15 minutes at a time, reducing noise and air pollution. Delivery trucks will not pass through nearby school zones between 7:45 and 9 a.m. and 3 and 4 p.m.
The company will install equipment at the asphalt plant to remove oil droplets from emissions, cutting down on odors.
In the environmental assessment, DEQ officials said the restrictions placed on the company fulfill the Montana Constitution’s guarantee of a clean and healthful environment.
This story was first posted on helenair.com at 3:12 p.m.
Reporter Larry Kline: 447-4075 or larry.kline@helenair.com
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Reader Comments:
helenative wrote on Jun 8, 2008 4:14 PM:
" There are more factors than a gravel pit to effect property values in East Helena. This area of the valley has historically had lower values than other areas of Helena for several reasons.
I'm sure HSG will pay there share of property taxes. "
I'm sure HSG will pay there share of property taxes. "
1828 wrote on Jun 5, 2008 4:03 PM:
" I wonder if the person who wrote "my kids" has a crystal ball? I for one believe in Helena Sand and Gravel and not simply because I am an employee. They have done everything required of them regarding the permiting process and beyond. You talk about trying to "sneak in", DEQ was required to inform the public of the intent to permit, not HSG, there was no sneaking.
It is so sad to see people put their emotions ahead of the facts and let their emptions cloud them from sseing the bigger picture. HSG's new pit WILL bring more jobs, I don't need a crystal ball to know that WILL happen. Will re-zoning help the Helena/East Helena Economy grow as much as HSG does, will re-zoning provide the support to the community that HSG does? Stop and think, who paves the pot holes and provides the gravel for your driveway? It is time to stop casting stones and have a little faith. In a society that has become un-willing to take responsibility for it's own actions. HSG has stepped up and vowed to make this property better than it was and I believe they WILL keep every promise made to East Helena residents. "
It is so sad to see people put their emotions ahead of the facts and let their emptions cloud them from sseing the bigger picture. HSG's new pit WILL bring more jobs, I don't need a crystal ball to know that WILL happen. Will re-zoning help the Helena/East Helena Economy grow as much as HSG does, will re-zoning provide the support to the community that HSG does? Stop and think, who paves the pot holes and provides the gravel for your driveway? It is time to stop casting stones and have a little faith. In a society that has become un-willing to take responsibility for it's own actions. HSG has stepped up and vowed to make this property better than it was and I believe they WILL keep every promise made to East Helena residents. "
enu22 wrote on Jun 5, 2008 12:48 PM:
" What a shame it is when our own Mt. Dept of Environmental Quality CAVES IN on a very obvious environmental issue! A whole community of East Helenans LIVE where Sand & Gravel will dig a BIG, dusty, pit using very noisy equipment and trucks. Land values will decrease and Sand & Gravel construction will add "no value" to the community. They will only add -at the very least-noise, dust, traffic and eyesore. The DEQ Administrators responsible for this decision have no spine. They have not served the people of Montana and therefore they have not done the right thing. I would like to see them resign as I have no confidence in their moral courage, intergrity or loyalty to the people which they serve. "
mykids wrote on Jun 5, 2008 11:58 AM:
" What a sad day it is when our own government rolls over it's citizens for Big Business. Helena Sand and Gravel has NOT been a "good neighbor" from the beginning of this entire process. They tried to sneak this permit in and got caught. They have not been willing to negotiate with the residents here, but have said they have. They have come to the table with nothing but what they were going to do. We were told that this is "Not a democracy," by a (then) representative of DEQ. Facing many lawsuits, the DEQ has decided to lie about asking for more staff and rolled over for big business. They are a sad and very poor functioning part of our State Government. I would not be too forward in saying that Neil Harrington and Chris Cronin clearly did not do their jobs. As a tax payer, I will not waste any time asking for their resignations. We, as residents got one chance to comment, and they did not even address all the comments. The ones they did, they misquoted and cannot even determine who did the comments. Many were repeats with different names. They do not deserve their positions in our government. The residents now have to live with this pit. It will spread the contaminates in our air, water and soil. This will affect the entire Helena Valley. The only problem is that the current statutes say the people have to determine who did it. There is more burden to the tax payers of MT. We are going to end up paying for all of this with our health, the health of our children, and our money to clean it up. I strongly encourage all the residents out here to go to the county and ask for a AB26 form. This pit will lower your property value. This is a form that you can get that will re-asses the taxes you pay. Let's let Helena Sand and Gravel pay more for their property while they are destroying the value of ours. "
swiftv wrote on Jun 5, 2008 7:08 AM:
" Just where is this pit going to be? The story says north of East Helena. Great Falls is north of East Helena. So it is somewhere between East Helena and Great Falls? "North of East Helena" does not give anyone a picture of where this is going to be.
Is it going to be north or south of Canyon Ferry Road? South of York Road? Somewhere along Lake Helena Drive? On Canyon Ferry Road? "
Is it going to be north or south of Canyon Ferry Road? South of York Road? Somewhere along Lake Helena Drive? On Canyon Ferry Road? "
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purple wrote on Jun 14, 2008 9:56 PM:
"enu22" So, DEQ is spineless for, in your opinion, caving in. That state agency is bound to follow state and federal law, not be a rubber stamp for those who are do not want the new gravel pit in their area. "