DEQ director 'frustrated' with Helena Sand & Gravel
By LARRY KLINE - Independent Record - 06/13/08
Montana Department of Environmental Quality Director Richard Opper said Helena Sand & Gravel’s actions Wednesday have made him lose trust in the company’s dealings with his department. The firm may be penalized with an administrative fine for moving forward with work at the site without permission from DEQ.
Senior DEQ officials on Thursday said they now believe the company knew it wasn’t supposed to use an access road off Valley Drive to restart work Wednesday on its new gravel pit north of East Helena.
The company, without asking for permission from the agency, had begun using the access to bring heavy equipment onto the site in order to build a permanent access road leading from the mine to Lake Helena Drive.
The company’s permit, issued last week, specifies it must use Lake Helena Drive to access the 111-acre pit. Helena Sand & Gravel Environmental Director Jerry Bowser told DEQ officials Tuesday evening he would suspend work at the site until the issue was resolved. Late Wednesday afternoon, he said the company had restarted work that day, believing they had permission from the agency.
Initially, DEQ officials and the company blamed a miscommunication for the decision to restart work. The company’s vice president, Scott Olsen, on Thursday reiterated his belief that a voicemail from a DEQ official Wednesday morning allowed the company to restart work. Opper disagreed.
“They used that as an excuse … but that voicemail was pretty clear,” Opper said. “We don’t think it was a miscommunication on our part. “We had directed the company to cease all mining-related activities. They violated that,” he added.
DEQ officials noted they had received two e-mails from the company Wednesday, asking if workers could resume operations at the site. DEQ didn’t respond to those e-mails until nearly 5 p.m., but the company had resumed work several hours earlier.
Opper said the department considers the company’s work Wednesday to be in violation of its permit. DEQ is still investigating the use of the Valley Drive access, and officials said any work done at the site prior to Thursday may be the subject of an administrative penalty of between $100 and $1,000 per day.
Olsen said he believes workers were at the site for three days.
“If they had held off, there would have been fewer irate neighbors and less damage to our relationship with them in terms of trust,” Opper said.
“It changes, quite frankly, my attitude toward the company. I’m frustrated with them,” he added.
Olsen said the company is doing the right thing, although it may have moved too quickly.
“Perhaps we should have consulted with DEQ earlier, but they’ve since given us permission to do exactly what we did yesterday,” he said. He declined to specifically address Opper’s comments about the company’s relationship with the agency.
“We’ve always been cooperative, and we’re going to continue being cooperative going forward,” Olsen added.
Opper said he still believes the department’s agreement with the company, allowing workers limited access to the site from Valley Drive, is a sound decision. The agreement allows the permanent access road leading from the mine to Lake Helena Drive to be constructed from the pit’s location to the road.
If the temporary access hadn’t been granted, Opper and Olsen said, the company would have had little room adjacent to Lake Helena Drive for the heavy equipment it needs to build the access road. Olsen also said the decision to use the Valley Drive access was for public and and employee safety.
The pit will eventually cover at least 111 acres of the 440-acre property, located south of Canyon Ferry Road between Lake Helena and Valley drives.
Opper said he expects a “relatively quick” decision from agency officials regarding the potential administrative penalty.
The department investigated the situation after receiving more than two dozen calls Tuesday regarding the company’s use of the Valley Drive access.
“We’re taking the neighbors’ calls seriously,” Opper said. “There are a lot of eyes and ears on this project right now,” which makes up for the department’s inability to have “boots on the ground” to monitor work, he said.
Reporter Larry Kline: 447-4075 or larry.kline@helenair.com
Senior DEQ officials on Thursday said they now believe the company knew it wasn’t supposed to use an access road off Valley Drive to restart work Wednesday on its new gravel pit north of East Helena.
The company, without asking for permission from the agency, had begun using the access to bring heavy equipment onto the site in order to build a permanent access road leading from the mine to Lake Helena Drive.
The company’s permit, issued last week, specifies it must use Lake Helena Drive to access the 111-acre pit. Helena Sand & Gravel Environmental Director Jerry Bowser told DEQ officials Tuesday evening he would suspend work at the site until the issue was resolved. Late Wednesday afternoon, he said the company had restarted work that day, believing they had permission from the agency.
Initially, DEQ officials and the company blamed a miscommunication for the decision to restart work. The company’s vice president, Scott Olsen, on Thursday reiterated his belief that a voicemail from a DEQ official Wednesday morning allowed the company to restart work. Opper disagreed.
“They used that as an excuse … but that voicemail was pretty clear,” Opper said. “We don’t think it was a miscommunication on our part. “We had directed the company to cease all mining-related activities. They violated that,” he added.
DEQ officials noted they had received two e-mails from the company Wednesday, asking if workers could resume operations at the site. DEQ didn’t respond to those e-mails until nearly 5 p.m., but the company had resumed work several hours earlier.
Opper said the department considers the company’s work Wednesday to be in violation of its permit. DEQ is still investigating the use of the Valley Drive access, and officials said any work done at the site prior to Thursday may be the subject of an administrative penalty of between $100 and $1,000 per day.
Olsen said he believes workers were at the site for three days.
“If they had held off, there would have been fewer irate neighbors and less damage to our relationship with them in terms of trust,” Opper said.
“It changes, quite frankly, my attitude toward the company. I’m frustrated with them,” he added.
Olsen said the company is doing the right thing, although it may have moved too quickly.
“Perhaps we should have consulted with DEQ earlier, but they’ve since given us permission to do exactly what we did yesterday,” he said. He declined to specifically address Opper’s comments about the company’s relationship with the agency.
“We’ve always been cooperative, and we’re going to continue being cooperative going forward,” Olsen added.
Opper said he still believes the department’s agreement with the company, allowing workers limited access to the site from Valley Drive, is a sound decision. The agreement allows the permanent access road leading from the mine to Lake Helena Drive to be constructed from the pit’s location to the road.
If the temporary access hadn’t been granted, Opper and Olsen said, the company would have had little room adjacent to Lake Helena Drive for the heavy equipment it needs to build the access road. Olsen also said the decision to use the Valley Drive access was for public and and employee safety.
The pit will eventually cover at least 111 acres of the 440-acre property, located south of Canyon Ferry Road between Lake Helena and Valley drives.
Opper said he expects a “relatively quick” decision from agency officials regarding the potential administrative penalty.
The department investigated the situation after receiving more than two dozen calls Tuesday regarding the company’s use of the Valley Drive access.
“We’re taking the neighbors’ calls seriously,” Opper said. “There are a lot of eyes and ears on this project right now,” which makes up for the department’s inability to have “boots on the ground” to monitor work, he said.
Reporter Larry Kline: 447-4075 or larry.kline@helenair.com
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Reader Comments:
helenative wrote on Jun 16, 2008 7:40 AM:
" I don't think "purple" gets this yet. The land that was permitted about a decade ago, that has had the signs posted, is not the same site these stories are about. HSG decided not to mine that site right now (my understanding is cause it's currently being farmed), the controversial site at the center of the debate is located south/west of the one that was posted. If I'm wrong, somebody please correct me.
That said, I still need to reiterate my support for Helena Sand. "
That said, I still need to reiterate my support for Helena Sand. "
purple wrote on Jun 14, 2008 10:04 PM:
" "100741" - This whole thing sounds an awful lot like how communist regimes operate, where certain folks living in every block are spying on their neighbors and then turning them in to the secret police if that neighbor isn't doing what is in the best interest of the party. "
purple wrote on Jun 13, 2008 7:31 PM:
" It takes more than ONE party to be good neighbors.
I notice nothing of how other property owners are even making an attempt to meet Helena Sand and Gravel part way -they want it their way or no way.
As Larry Kline stated, the property was "permitted about a decade ago and has a sign there for several years" which means Helena Sand and Gravel has owned the property that long, so it should have come as NO SURPRISE to anyone that they owned the property and what the property would be used for.
If property owners purchased their land "after" Helena Sand and Gravel purchased those 400 acres, then they and the person they purchased their land from have nothing to complain about.
As I stated already, the Director of DEQ was probably injecting his personal agenda into the matter. I believe he was one of those against allowing Helena Sand and Gravel from opening a pit on its own property. If anything, because of his personal agenda, he should have recused himself from the whole matter because it involves a CONFLICT OF INTEREST.
As to those whom are going to look elsewhere for their concrete products, go for it, but be prepared to pay a much higher price for that product since it will have to be trucked to your site from a greater distance, so you will be paying a higher transportation cost on top of the cost for the product - more of the "cutting of ones nose to spite their face". "
I notice nothing of how other property owners are even making an attempt to meet Helena Sand and Gravel part way -they want it their way or no way.
As Larry Kline stated, the property was "permitted about a decade ago and has a sign there for several years" which means Helena Sand and Gravel has owned the property that long, so it should have come as NO SURPRISE to anyone that they owned the property and what the property would be used for.
If property owners purchased their land "after" Helena Sand and Gravel purchased those 400 acres, then they and the person they purchased their land from have nothing to complain about.
As I stated already, the Director of DEQ was probably injecting his personal agenda into the matter. I believe he was one of those against allowing Helena Sand and Gravel from opening a pit on its own property. If anything, because of his personal agenda, he should have recused himself from the whole matter because it involves a CONFLICT OF INTEREST.
As to those whom are going to look elsewhere for their concrete products, go for it, but be prepared to pay a much higher price for that product since it will have to be trucked to your site from a greater distance, so you will be paying a higher transportation cost on top of the cost for the product - more of the "cutting of ones nose to spite their face". "
100741 wrote on Jun 13, 2008 5:05 PM:
" You know, I wish I had the time to sit around all day long and do nothing but spy on people from my back window, waiting for the chance to pounce on the phone and call the DEQ to report on some bogus incident that I supposedly witnessed. Unfortunately, I have to work for a living, just like Helena Sand does. In my opinion it's Helena Sand's land and they can do with it whatever they want. Maybe the next time you nosey know-it-alls buy property, you'll be smart enough to check the local records to see who your future neighbors will be before you buy it. It's public record, there for anyone to research. That's what a smart buyer would do. "
neighbor2 wrote on Jun 13, 2008 4:47 PM:
" I live next to the new pit, and as far as I'm concerned I respect HS&G for all that they have done to be good neighbors, I have seen the permit and I believe they have gone above and beyond in order to be good neighbors. I fully expected HS&G to have to use the Valley Drive road as a temporary access point. Pretty much the only traffic in and out of that access point are the employees that are working on building the new road. I really don't think people want them blocking Lake Helena Drive while they are building the new road. I think some of my neighbors are being absurd, give them a chance! I know I have a lot more important things to do with my life than to watch every move HS&G does. HS&G has owned the land for 6 years, let them do what they want with it. I chose to live out there, I knew who my neighbors would be when I moved in, property ownership data is public record. "
enu22 wrote on Jun 13, 2008 10:56 AM:
" I ask where concrete products are made before I purchase now. I won't buy S&G products. How can Sand & Gravel be "good neighbors" when they can't even honor their committments? "
helenative wrote on Jun 13, 2008 10:53 AM:
" Sounds to me like somebody just wants to be important. Saying it's ok to use the access, you just need to ask for my permission first. They ok'd it anyways, they just needed to feel important or maybe wanted to flex their muscle a little bit, you know, show em' whose boss. "
Paper Clip wrote on Jun 13, 2008 10:04 AM:
" DEQ has officially suffered from foot in mouth syndrome. "
Larry.Kline wrote on Jun 13, 2008 9:48 AM:
" Hey folks. I'm the reporter who has been writing these stories and I just want to clarify the location of the gravel pit -- I finally understand that the confusion brought up in other forums stems from the location of the company's other permitted gravel pit. A property north of Canyon Ferry Road (and, I believe, east of Lake Helena Drive) was permitted about a decade ago and has had a sign there for several years. This site is south of Canyon Ferry, located between Valley and Lake Helena drives. The Helena Valley Irrigation Canal forms the northern border of the parcel. Hope that helps. Keep reading. "
skosena wrote on Jun 13, 2008 8:07 AM:
" How unfortunate that this company does not seem to care about their neighbors or the agencies that govern us all. It is amazing what a large company will sacrifice in character and reputation for the almighty dollar. When my family needs the kinds of services that Helena Sand and Gravel provides we will be finding someone else to do business with. "
helena_man wrote on Jun 13, 2008 7:54 AM:
" Way to air your dirty laundry in the media, classy move from the DEQ. "
purple wrote on Jun 13, 2008 1:50 AM:
" I'm sure he is frustrated, but I doubt his word as to why.
It's more like he, personally, didn't want to issue the permit, but when he did [under legal pressure] he included provisions which limited Helena Sand and Gravel's ability to access THEIR property.
Nothing like abusing his authority. The director of DEQ doesn't just work for the state, he works for everyone, including those whom he'd rather not have to deal with. "
It's more like he, personally, didn't want to issue the permit, but when he did [under legal pressure] he included provisions which limited Helena Sand and Gravel's ability to access THEIR property.
Nothing like abusing his authority. The director of DEQ doesn't just work for the state, he works for everyone, including those whom he'd rather not have to deal with. "
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Larry.Kline wrote on Jun 18, 2008 4:34 PM: