Competing interests, different opinions
The Montana Department of Environmental Quality held two meetings last week regarding projects dealing with Mineral County’s natural resources. One was about the Flat Creek Iron Mountain, Mine and Mill Superfund site at Superior. The other was an application for an Opencut Mining Permit on Dry Creek for gravel, submitted by Riverside Contracting.
A public meeting regarding the permit was held on Thursday, May 19. It was held in the Commissioners meeting room in Superior to a room packed with local residents. Residents were able to ask questions and make public comments regarding the proposed gravel pit.
Meeting attendees include County Commissioners Roman Zylawy, and Laurie Johnston, representatives from Trout Unlimited, The Clark Fork Coalition, the Department of Transportation, and the Department of Natural Resources and Conservation. As well as the president, and an engineer with Riverside Contracting, and House District 14 candidate, Denley Loge.
Growing opposition
Most of the comments opposed the project, siting concerns over air and water quality, and wildlife issues, how it will “ruin” the aesthetics of a pristine area, and how it will effect property values, and local recreational businesses.
Jennifer Jessen, an environmental health specialists out of Seattle, implored the commissioners, DEQ officials, the president of Riverside Contracting, Dwayne Rehbein, and the community, to reconsider the permit because of the damage it would do to the area. This was a sentiment shared by several people in the room.
DEQ officials, Chris Cronin and Kelsey Stone, facilitated the meeting and said that the issues of air and water quality are managed by different departments. They explained that they only discuss issues regarding the mining permit, which includes zoning compliance, landowner consultations, boundaries, weed control, reclamation, and environmental assessments.
Stone said the comments received at this meeting will be investigated, and a deficiency letter will be written to the operator, Riverside Contracting. The operator will then have a year to address the deficiencies before the permit will be approved. Also, she said that if people have air quality issues they can call 444-0379.
Was permit filled with false information?
David Brook, with Trout Unlimited, asked if an environmental assessment would be done on the property. Stone said that it would be done in conjunction with the permitting process. She also stated this would be the only public comment period, which has a deadline of June 6, 2016.
Water quality issues are handled by the Montana Department of Natural Resources and Conservation (DNRC), and a representative from the department, Amy Gannon, was available to answer questions. Gannon said that at this point, Riverside Contracting is not violating any laws. However, once the gravel pit is in operation, if residents suspect violations, they need to report it to the DNRC, who will then investigate the complaint.
Resident, Lance Jasper, said Riverside submitted false information on its application for a permit, stating that there was not any wildlife on the property. He said there was wildlife on the property including geese, songbirds, rodents, and coyotes. Others in the room also commented that there were also wolves, moose, and waterfowl in the area.
Sewer sludge a problem?
Concerns were also sited about sludge from the Superior sewer plant which had been spread on the property several years ago as fertilizer. Superior is now a Superfund site, as a result of the Flatcreek Mining Operation. Questions were raised if contaminants from the mine had gotten into the sewer sludge and was now in the dirt on the property.
In addition to air and water quality issues, Jessen also said that there’s a possibility that land owners were not properly notified about the permit, questioned the economic impact on small recreational businesses in the area, and why alternative gravel resources were not being utilized.
Rehbein said there were no other sites in the vicinity that had that volume, or the quality of gravel, that this site has, “we have a contract with the state of Montana to do work on Interstate 90. The work we’re currently contracted to do is from St. Regis to Lookout Pass. He also said there was enough gravel in that area to do highway projects for ‘the rest of my life’.
Cale Fisher, an engineer with Riverside, stated that the pit would be in operation intermittently, depending on projects.
Issues concerning noise pollution, mosquitos, dust, quality of life, public safety, were also discussed. DEQ representative, Chris Cronin, said that the laws regarding Opencut Mining permits, “have very specific things we can do regarding the permits. Prior to 2009, there were no public comments taken, and residents were not notified of an operation being built. But citizens got together and made legislative changes to the Act”.
Consensus among participants agreed that legislation, and new zoning laws may help future generations, but it would not help this particular case.
Stone said that the public comment period would end on June 6, but they would appreciate input as soon as possible. People can visit their website at http://searchoencutpermits.mt.gov., email DEQOpencut@mt.gov, call fax (406) 444-4988, or write DEQ Opencut Program, PO Box 200901, Helena, MT 59620-0901.
Flat Creek Superfund Site
On Monday, May 16, there was a DEQ meeting with members of the Superior Technical Assistance Committee and the public regarding the Flat Creek, Iron Mountain, Mine and Mill Superfund site near Superior.
An Action Memorandum regarding removal activity to begin late this summer was signed off by the Forest Service on the day of the meeting. The confluence of Flat Creek with the Clark Fork River is located in Superior. The creek also parallels a recreational forest road and the area poses health risks because of contamination from elevated levels of arsenic, lead, iron, silver, and antimony.
The Flat Creek-Iron Mountain Mine has been a Superfund site since 2002. The tailings are a result of the former ASARCO Iron Mountain Mill which mined for silver, zinc, and lead. It had been an active mine since the turn of the late 1800’s. Funds for this project are from settlements from the ASARCO bankruptcy.
Joel Chavez, project manager with Montana DEQ, explained the Action Memorandum to the group. The current removal action will include the excavation and disposal of tailings and impacted soil. Which will be placed in the Wood Gulch Repository and capped with dirt. There is no threat to ground water at that location.
Pipeline a solution?
There was a discussion regarding replacing a pipeline for the city’s water intake, which should only take about a day, according to Chavez. There was also discussion over the risks associated with contaminated soil brought into Superior and used as fill, road base, and driveway material more than 40 years ago.
The EPA did a remediated clean-up of the site in 2002, and the majority of the mine tailings have been removed. However, there is still concern regarding tailings on property, for example if a building is torn down. It was determined that the contaminated soil would need to be removed and replaced with cleaner dirt, with all costs paid with settlement funds. The quality of the replacement soil was debated and specifications under EPA guidelines, were agreed upon.
Is public awareness a problem?
Steve Ackerlund, who is a consultant for the Superior Technical Assistance Committee, would also like to see more communication with real estate agents who sell houses in the area. Often times agents, especially those who are outside of the area, don’t know about the contamination. He would like to explore ways for the public to be better informed about the history of properties in the area.
Plans and specification for the next phase of the project will be completed in June and the early part of July. With excavation work to begin in late summer, or early fall.