General Info

What are residents concerned about?

One of our primary concerns is the impact this operation will have on our water. The permit has approved the operators to dig into the water table. According to the information provided by the operator on their permit, seasonal high water levels are as shallow as 9-10 feet below surface. The water levels fluctuate, but the high levels are present for a majority of the year. The issued permit allows the operators to dig at a depth of 40 feet. Without the top protective surface soil layer, our groundwater will be exposed to contaminants from not only heavy equipment operating in the water and potential dumping but from nearby agriculture and farming operations as well. The boundaries of the pit are adjacent to a large poultry operation and right across the road from a cattle feed operation; while the area is not located in a flood plain, our long time residents have records of historical flooding on and around the area of the proposed site. The DEQ does not require monitoring wells to make sure our water is not contaminated. The residents in our community are on wells and we are all at risk if and when contamination occurs. Additionally, we have concerns including dewatering, the alteration of flood water into homes and basements, and a greater concern for the quantity of water as the whole Gallatin Valley faces a shortage. These issues have not been fully addressed and we ask that the DEQ take measures to ensure that the mine will not impact the groundwater that our families rely on. 

Dust control for pollution coming from the pit is not monitored and resident concerns were not addressed throughout the permitting process. The dust generated from these gravel pit mines contains silica, a microscopic mineral that when inhaled remains permanently in the lungs. Respirable crystalline silica is a known carcinogen that causes a number of irreversible diseases including silicosis and cancer. In April 2024 the Mine Safety and Health Administration updated federal safety measures to better represent the threat silica presents on workers near and in mines in the US. These regulations reflect a new understanding of the seriousness of silica and dust with respect to respiratory health. In the state of Montana mine operators are required to use control methods to keep dust to a minimum including spraying water on their equipment/materials; they are also mandated to cease operations during extreme winds until the dust can be controlled. This is the extent of the requirements for dust control. There are over 1,600 gravel pits in the state, and there is one single representative for the DEQ who is responsible for investigating resident complaints on site. This is inadequate and reflects a lack of concern for the health of Montanans. The GCCC wants to advocate for more precautions and for air monitoring to protect our health. 

Why is a lawyer needed?

Public participation has been limited throughout the process, and now the only way the public can submit concerns is through an appeal process that requires legal counsel to file. In forming the non-profit we aim to create a unified way for local residents to navigate this process with us, and a way to give our neighbors an opportunity to have their voices heard on this (and other) issues.  

What is the purpose of the appeal?

By filing an appeal, we are asking the Board of Environmental Review to review the application and the processes the DEQ went through in approving the permit. This is the first step of our approach to protect and conserve our resources and public health against the impact of the gravel pit. Throughout the application process, resident concerns were not fully investigated. This appeal asks that the DEQ perform a more thorough investigation into the permitting process that will lead to recognition of the need to implement appropriate measures to maintain safety for the community and the environment.

What is the hopeful outcome?

GCCC is asking that the impact to the environment and to human health is fully reviewed to assess the safety of any operation on this land. In presenting our concerns we hope the DEQ will mandate protections that will keep us healthy and safe. If monitoring and regulations will not provide a safe environment, no operation should be permitted to occur.

What is the legal process?

The appeal must be filed from legal counsel. The appeal reviews the actions performed by the DEQ throughout the permitting process including abiding by federal and state laws, as well as ensuring safety and assessment of impact throughout the application process. The review is completed by the Board of Environmental Review, which is a special board of members appointed directly by the Governor. If the board determines that steps were missed/the process was not sufficient, then the case is escalated to a district judge. A district judge will determine the next course of action.

Has anyone filed this appeal before?

Yes. In 2021 House Bill 599 was passed in Montana. It changed the process of permitting opencut gravel mines. This change resulted in a significant decrease in public participation during the process, even though public participation is mandated through the laws of the state and country. The Bill also stripped away many of the assessments necessary to maintain a healthy environment. The Bill in its own title provides “less stringent applications” for opencut mines and is vague in wording. This has resulted in multiple interpretations from the DEQ and legislatures with no group taking accountability to ensure the laws are upheld. Since the Bill passed in 2021, there have been multiple appeals and lawsuits surrounding the opencut permitting process. There are to date at least four different nonprofit organizations that have assembled around the state doing exactly what we are doing. Each situation is slightly different but encompasses the same concerns for health, safety, and process compliance. None of the appeals/lawsuits have been completed.

In 2023 an organization called Protect the Clearwater filed appeals/lawsuits against the DEQ for lack of assessment of impact to the waterways and environment of having a gravel pit near the Clearwater River and Elbow Lake north of Missoula. The Board of Environmental Review determined that there was “insufficient information” to vote that the process performed by the DEQ was complete. This is a win for the public and has resulted in the appeal/lawsuit moving forward and eventually going to the Supreme Court. The proceedings are still underway, but as a result of this case mining operations have been halted at that location and measures are being taken to ensure the health and safety around this project. 

In July of 2024, a district court judge for Gallatin Valley, Judge Andrew Breuner, wrote a temporary injunction against a wastewater project in West Yellowstone that has encountered many of the same issues as the opencut gravel pit processes including notably the DEQ not following state law or the Constitution. This helps set a precedent for the continued concern regarding the DEQ's role in adequately ensuring a healthful environment for a thriving Montana, as stated in the DEQ mission statement.

Who are the lawyers filing the appeal for GCCC?

Graham Coppes of Ferguson & Coppes, PLLC out of Missoula is the point lawyer working with GCCC. Ferguson & Coppes is a natural resource law firm. Graham is currently representing several other public groups in the appeal and lawsuit process regarding issues with the opencut mining application and Montana DEQ.

What will my donation go towards?

All of the money raised at this time will be used for legal fees associated with the current focus of improving safety and public health surrounding the gravel pit. The GCCC's board members are not paid and are volunteers from the community.