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Zoning district would stymie gravel pit

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Residents north of East Helena have banded together to push for a citizen-initiated zoning district, which could outlaw a proposed gravel pit in the area.

The vice president of Helena Sand & Gravel, which is waiting for a state agency to decide whether to issue a permit for its proposed 111-acre gravel operation, in a public meeting Tuesday called the zoning district illegal and poor policy.

Company VP Scott Olson said he expects the state Department of Environmental Quality to issue a permit before April 30, the earliest the zoning regulations could take effect -- meaning the pit would be grandfathered in and be allowed to operate.

The proposed district covers about 1.6 square miles, generally south of Canyon Ferry Road, east of Valley Drive, north of Lewis Street and west of Lake Helena Drive. The La Casa Grande subdivision, on the east side of Valley Drive, isn't included. Land owned by the Eastgate Water and Sewer Association east of Lake Helena Drive is included.

If the district is approved, the rules would allow residential and small-business development but outlaw all mining and industrial activities.

If commissioners agree to create the district on April 1, state law requires a 30-day protest period before the regulations can take effect. If more than 50 percent of the property owners in the district protest the regulations, the district won't be created. That development would be unlikely -- about 70 percent of property owners in the area signed a petition backing the district.

Olson said the company has worked hard to mitigate neighbors' concerns -- residents worry the operation will spew dust contaminated with lead, arsenic and cadmium into the air, compromise groundwater quality, devalue their property and keep them up with all-night operations.

He accused the district's backers of gerrymandering the boundaries to get needed support and said the push amounts to "spot zoning" because it only excludes one use.

He also noted the company's materials are a needed commodity in the area.

"Every person in this room needs the gravel materials that we supply," Olson said. "We feel this is a not-in-my-backyard attitude."

He also offered to negotiate with residents to come up with regulations that could work for everyone involved.

Residents responded by saying they don't want any industrial operation in the area that could stir up contaminated soil. The property is part of a federal Superfund site related to the old Asarco smelter.

They also said it doesn't make sense to include some of the surrounding areas, which include subdivisions and agricultural land.

Resident Jennifer Nye said she doesn't see how the company can work to ease property-value concerns. Buyers won't want to purchase homes near a gravel pit, she said.

Olson, in a public meeting in January, admitted the company could do little to address falling property values.

"The people of East Helena are concerned," Nye said. "Just because Helena Sand & Gravel has the lawyers and the money does not mean that they get to ruin our quality of life."

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com

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