After compiling a half-inch stack of bureaucracy, filled with
double-sided reports, documents and comments, coupled with hours of
testimony, the Gallatin County Commission unanimously approved a
conditional use permit for a gravel pit in the Gallatin Gateway
area on Wednesday.
The Morgan pit, proposed by TMC, Inc., is the first operation to
go through the newly minted county rules adopted as part of an
emergency interim zoning ordinance approved in May. Gallatin County
stands beside Flathead County as the only local governments in the
state to adopt regulations governing gravel pits, County Planning
Director Greg Sullivan said.
The permitting process was adopted after residents expressed
concerns over new and amended pits that cropped up around the
county. The regulations are similar to requirements asked of
housing developers and, in the end, the county is attempting to
mitigate neighbors’ concerns by developing “good neighbor”
policies, County Commissioner Joe Skinner said.
“I think we are doing our intent here,” he said. “There is going
to be some effect, but I think we have come up with some very good
mitigations.”
TMC must adhere to 46 conditions that cover a host of concerns,
from ground water issues to dust, along with noise and vegetative
buffers, among others, according to county documents. The spirit of
the permitting process is to address residents’ concerns that may
not be addressed under Montana Department of Environmental Quality
regulations.
One sticking point for nearly everyone involved is the issue of
devalued property. Around a dozen people spoke during the public
comment process, with the bulk of those expressing concerns over
reduced land values. But no one really had a solid answer to the
concern.
“I really don’t know anything that needs approval by the County
Commission where there is always some sort of impact to neighboring
property,” Commissioner Steve White said.
In the staff report, county planner Tom Rogers said house values
decrease due to proximity of gravel pits, but the loss is
temporary. And the regulations may shore up lost value.
“It is also important to note that many of the mitigation
measures required in the conditions of approval related to (adverse
effects) may help to alleviate impacts to property values if
properly installed and maintained,” Rogers said.
The permit mandates a three-year review to determine if TMC is
adhering to the rules. Violations at any time could result in the
county pulling the permit.
As of yet, TMC, Inc., doesn’t have a permit from DEQ,
reclamation specialist Jo Stephen said. The agency is currently
working through the comments given on the draft Environmental
Assessment to produce a final document used for the final
ruling.
Even with a bevy of permits in hand, TMC general manager Jerry
Rice said the company is going to have to pencil out the cost of
all of the requirements to see if opening the Morgan pit is even
worth it.
“Some of the conditions are stringent and are going to keep us
on our toes,” he said. “It’s going to cost a considerable amount of
money to adopt some of the conditions.”
