Use Variance to Expand Gravel Operation South of Lolo

I am against the variance for this project. It does not fit in any way into the zoning plan or current use of the surrounding area, and there is no excuse to amend it just to accommodate the profit seeking of the owner of the gravel pit

I am not in favor of expansion of the gravel pit. I has grown to the size it is currently at through underhanded tactics.

Commissioners:
I’m flabbergasted that the Western Materials Gravel Pit is not required to follow the zoning ordinances when the rest of us living in the county (voting for you and paying our taxes) MUST. We aren’t allowed to do whatever we want on our own property without proper permits, let alone affecting an entire community negatively IN EVERY WAY- pollution, noise, unsightliness, traffic, the road conditions not meant for tons of gravel trucks, the wildlife, water table, and property values! Why do they get to skirt the zoning ordinances for rural residential zoning? Why haven’t you already dismissed their approval to expand when they have no right to even exist? We would have let them be if they hadn’t gotten bold and greedy by trying to expand in a place that isn’t zoned for them.
Is it a money issue because we residents don’t have deep pockets? How many connections does the gravel pit owners have with you, the city, and future proposed projects?
It seems we weren’t informed of everything appropriately, but now it’s “oh well, the pit’s already there, we might as well drag our feet over it until the residents against the expansion give up or run out of money to fight it.”
Please vote AGAINST THE EXPANSION VARIANCE BECAUSE IT’S THE RIGHT, LAWFUL THING TO DO.
Sincerely,
RetiredTeacherinFlorence

Why has the county not corrected the factual error in their description? From above:

"The existing gravel operation pre-dates this zoning and so is permitted to continue as a legal nonconforming use."

At worst, this is negligent misrepresentation of the facts. When viewed in light most favorable to the applicant, there are facts which are in dispute regarding when the pit in its current iteration started. In order to avoid the appearance of favoritism, maybe the summary should be factually correct.

Re: USE VARIANCE TO EXPAND GRAVEL OPERATION SOUTH OF LOLO

Dear Commissions,

The partition "Use Variance to Expand Gravel Operation South of Lolo" located within MissoulaCountyVoice.com has had much down time which precluded anyone from adding comments.

On March 19, 2024, the first request for assistance was made to the "Help Desk" contact located at the bottom of the webpage, followed by Case numbers 06981970, 06981972, 06981976, and 06982797. The Help Desk continued to express that they do not find anything wrong with this section of the Missoula County web page; or they would write back asking "What department are you with?" It appears clearly that there is a misconnect somewhere along the line.

Citizens could comment on other projects on the MissoulaCountyVoice.com web page, take the Building Permit survey, but not add comments to "Use Variance to Expand Gravel Operation South of Lolo." I hope this note will help to ensure corrections have taken place to create a smooth path forward for commenters.

As I leave this comment, upon clicking on "submit" error msg 500 does appear on the screen; clicking the "back arrow" shows the comment is still resident in the "comments box", let's see if clicking submit again posts the comment.

Sincerely,
Liz Heaney

Re: USE VARIANCE TO EXPAND GRAVEL OPERATION SOUTH OF LOLO

Dear Commissions,

The partition "Use Variance to Expand Gravel Operation South of Lolo" located within MissoulaCountyVoice.com has had much down time which precluded anyone from adding comments.

On March 19, 2024, the first request for assistance was made to the "Help Desk" contact located at the bottom of the webpage, followed by Case numbers 06981970, 06981972, 06981976, and 06982797. The Help Desk continued to express that they do not find anything wrong with this section of the Missoula County web page; or they would write back asking "What department are you with?" It appears clearly that there is a misconnect somewhere along the line.

Citizens could comment on other projects on the MissoulaCountyVoice.com web page, take the Building Permit survey, but not add comments to "Use Variance to Expand Gravel Operation South of Lolo." I hope this note will help to ensure corrections have taken place to create a smooth path forward for commenters.

Sincerely,
Liz Heaney

I am not a civil engineer or a hydraulic engineer, but there are few things I think I understand about soil. WGM however is a large engineering firm and I would appreciate if one of their engineers could correct me if I am mistaken.
Several neighbors have expressed their concerns about access to water and water quality, and I can only agree with them.
What I understand about soil and geological layers is that they act as a filter, as a sponge and as a sealant. As a filter in the sense that underground water is protected from contaminants which could seep into the ground. As a sponge in the sense that soil stores and slowly releases the water at the end of the rain/wet season. As a sealant to prevent direct contact with airborne pollutants and oxygen, which allows for noxious bacteria to develop.
On the other hand, opencut mining annihilates and irreversibly destroys all of the above.
The wetland along the Old Highway has dried out in recent years. It used to look more like a pond. Many neighbors have had to move their wells on their properties and drill deeper. Still the flow of water would be diminished.
The pit operation has not increased significantly in acreage in recent years but has gone significantly deeper into the geological layers. Both the filtering and storage characteristics of these layers have already been damaged if not permanently destroyed. The next phase is the sealant aspect. As long as this mining operation stays active on top of our aquifer, it is only a matter of time for a disaster to happen. The proposed expansion would only accelerate this process. And the addition of an asphalt plant would add carcinogenic particles to the mix.
Is the County and especially the Planning Office willing to take responsibility for the destruction of an entire neighborhood? Is the County going to address the damage that has already been done?
As a reminder and a response to the Planning Office who still tries to allege that there is some uncertainty as to the intent behind the establishment of ZD40 (see the 1970s news articles brought forth during the last hearing), I would like to quote the intent section of ZD40 statutes:
Intent:
This district is created to provide for low density residential development adjacent to critical resource areas, SUCH AS AQUIFER RECHARGE AREAS and critical wild habitats, etc.
The designers of our zoning knew very well how many people the aquifer could sustain and what kind of activity it could allow. Mining was not part of them and still is not today.
Again, please DENY the use variance.

I am not a civil engineer or a hydraulic engineer, but there are few things I think I understand about soil. WGM however is a large engineering firm and I would appreciate if one of their engineers could correct me if I am mistaken.
Several neighbors have expressed their concerns about access to water and water quality, and I can only agree with them.
What I understand about soil and geological layers is that they act as a filter, as a sponge and as a sealant. As a filter in the sense that underground water is protected from contaminants which could seep into the ground. As a sponge in the sense that soil stores and slowly releases the water at the end of the rain/wet season. As a sealant to prevent direct contact with airborne pollutants and oxygen, which allows for noxious bacteria to develop.
On the other hand, opencut mining annihilates and irreversibly destroys all of the above.
The wetland along the Old Highway has dried out in recent years. It used to look more like a pond. Many neighbors have had to move their wells on their properties and drill deeper. Still the flow of water would be diminished.
The pit operation has not increased significantly in acreage in recent years but has gone significantly deeper into the geological layers. Both the filtering and storage characteristics of these layers have already been damaged if not permanently destroyed. The next phase is the sealant aspect. As long as this mining operation stays active on top of our aquifer, it is only a matter of time for a disaster to happen. The proposed expansion would only accelerate this process. And the addition of an asphalt plant would add carcinogenic particles to the mix.
Is the County and especially the Planning Office willing to take responsibility for the destruction of an entire neighborhood? Is the County going to address the damage that has already been done?
As a reminder and a response to the Planning Office who still tries to allege that there is some uncertainty as to the intent behind the establishment of ZD40 (see the 1970s news articles brought forth during the last hearing), I would like to quote the intent section of ZD40 statutes:
Intent:
This district is created to provide for low density residential development adjacent to critical resource areas, SUCH AS AQUIFER RECHARGE AREAS and critical wild habitats, etc.
The designers of our zoning knew very well how many people the aquifer could sustain and what kind of activity it could allow. Mining was not part of them and still is not today.
Again, please DENY the use variance.

The county will tell you that zoning is the remedy neighborhoods have to protect their way of life. We have witnessed the county offering this. To be clear, however, they are demonstrably antagonistic to Citizen Initiated Zoning districts and would prefer they went away. Hence, they have ignored the zoning which has been in place since the 70s and prefer to compound their errors and reinforce their distain for CIZs.

It's disheartening to see the county's one-sided advocacy for the applicant. This reminds me of the boiling frog analogy. Maybe it was there hope that if the change was slow and imperceptible, the neighbors would be none the wiser. Western, however, couldn't toe the line and got too big for their britches.
From Wikipedia- The boiling frog is an apologue describing a frog being slowly boiled alive. The premise is that if a frog is put suddenly into boiling water, it will jump out, but if the frog is put in tepid water which is then brought to a boil slowly, it will not perceive the danger and will be cooked to death. The story is often used as a metaphor for the inability or unwillingness of people to react to or be aware of sinister threats that arise gradually rather than suddenly.

We feel the water temperature rising.

Commissioner Slotnick and others,

I attended the April 4th public meeting where this use variance was first discussed. In that meeting you posed a question to residents who have moved to this area after the existing pit was in place, wondering “why we might be concerned now but were not concerned before?” I am one of those residents, my wife an I moved out of Missoula in 2016 and purchased a house here in Florence in advance of starting our family. At the time we were looking for three main things: a rural / rural-residential setting to raise our children in a manner similar to both of our rural upbringings; adequate land to raise fruit, vegetables, and livestock since we both came from organic farms and farming communities prior to our time in Missoula; and adequate water rights to sustain such farming activities.

When we purchased, we did know that the area was zoned rural-residential at 3ac. per unit, that was a specific selling point for us. We did also know of the pit’s existence by driving past it everyday. At that time the pit was near its full spatial acreage but it wasn’t a significant concern to us for two reasons:
1) as you’ve heard before, the general understanding of everyone in the area was that this was a small operation for which the singular owner was limited in scope by law and zoning (only through this variance and subsequent investigation have we learned otherwise). This was explained to us by multiple neighbors whom we met prior-to and after purchasing.
2) In 2016 when we purchased the Hendrix pit was still, truly a 1-man type operation with only a few excavators on site and 1 or 2 dump trucks that pulled a load down Old Hwy 93 a few times daily. As you’ve heard from many other residents, I believed that the existing zoning as well as some limits I assumed an overseer like DEQ would impose were a protection from any significant mining.

I still remember the day, post Covid, when I was traveling on HWY 93 (which provides more visibility than my typical route alongside the pit) that I saw what drastic change had occurred since the purchase by WM. It was truly eye popping! The spatial area might not have changed much but in the last three years the depth and pace of mining across the lot has expanded rapidly. The 1-man operation we all reluctantly acknowledged had shifted to include aggregate and concrete batching, so many more on-site machinery, and now tractor trailer sized loads passing over our small road throughout the day. Side-note, its already dangerous and hard enough to turn north onto HWY 93 near Trader Brothers, the slow crawl of 18-wheelers does not improve this for us locals.

WM say that the local residence will not feel an impact of increased mining, but out of the other side of their mouth they are also telling you that this pit is unique in that it has everything they need to make it their primary production facility. If they shift their primary mining and batching activities from the Mullan pit to Hendrix, how are we not expected to notice an even further increase in activity?

By and large, we made the decision to move near an existing pit because of what that pit was in 2016, and what it was supposed to become per everyone’s understanding of the zoning law. That 2016 iteration of the Hendrix pit is far and away different than the operation it has morphed into in just the last 3 years. I do hope you do not sign off on the variance to finally legitimize something that should never have been allowed in the first place.

Many Thanks,
Joe Fortier

M. Sherman spoke at the April 4 hearing and made a great point. Regulations do not create hardship on businesses, or in this case on use variance applicants. Regulations are implemented to protect a framework or context within which business, or any activity, is performed. Therefore, the fact that Western is seeking to expand their operation within the framework of ZD40 does not logically entail that Western would suffer hardship if they are denied the opportunity to expand on the grounds that their activity does not fit into the zoning ordinances. To the contrary, should this use variance be granted, the hardship would certainly be on the zoning as a framework within which our neighborhood was intended to develop. ZD40 statutes and ordinances have already been injured in the past when Zoning Compliance Permits were granted without due process. The parcels on which the gravel pit was established suffered hardship in regard to the zoning because the main use, which is residential, is now precluded, and could potentially be for another 50 years should this use variance be granted. On top of that, something the Planning Office is fully aware of, is that reclaimed mining land requires specific engineering standards for future housing construction due to looser soil and greater risk of settlement. Individual underground septic systems might also be precluded due to non-standard drainage characteristics of filled soil. This means that even if the land which has been disturbed would be returned to a residential use any time soon, the increased cost of construction and attached risks would fall on the new landowners.
Again, please DENY the use variance.

To the Commissioners,

I read with interest an April 29th article in the Missoula Current that indicated you were searching for additional assurances from Western Materials that there would be an end date to this pit. I noted that you all seemed to be looking for some additional securities for the residents that there would be adequate funding for a reclamation bond and a defined date of reclamation, but I wonder what sureties and financial security is the company providing that they won't produce adverse effects on our local water supply? I see the issue 2-fold:
1) The climate is warming and the west is experiencing increasing heat and drought, which already puts our water supply at risk into the future. Allowing a water hogging industry that has indicated they will rely on near-constant water use to reduce dust and produce aggregate is a classic "tragedy of the commons" with favor going to a non-resident corporation. As local households we’re all assigned water-use limits defined by our water rights claims, many from the late 1800s; to what standard and limit will WM be held?
2) WM's application to DEQ indicates a deep groundwater source that they will avoid penetrating, at some 109+ feet. As far as I understand this process there is not an independent engineering assessment by DEQ of these applications, so whatever depth WM decides our local water is at will be taken as fact and they'll be allowed to dig down to their proposed 65' depth as permitted. Without insinuating that their own engineers would be incentivized to find a such a favorable water table depth, I will point out to you that every neighbor I have spoken with over the last month has their well dug to <70 feet, my own is at 45’ and is at the same elevational gradient as the prosed variance area. Exposure of our groundwater system through mining operations, even if unintentional, is a real concern to me and could be debilitating to the neighborhood. Exposure to air and/or foreign materials could potentially require significant financial investment in advanced water treatment systems inside every house. Who would be liable for such a cost? And is WM likely to inform us of a breach or will we only learn through slow, unnoticed-until-its-too-late health impacts of contaminated water? Are these potential issues covered in WM's bond? In order to, recoup such costs will we as residents have to sue the corporation first to prove negligence? Or can we count on the county going to step in and help, at that late stage, to stand up for its citizens?
As you appear to be seriously considering WM variance application and are looking for some further concessions, I hope you will take additional things into consideration beyond just a sunset date some 50-75 years in the future.

Many Thanks,
Joe Fortier

To the Commissioners,

I read with interest an April 29th article in the Missoula Current that indicated you were searching for additional assurances from Western Materials that there would be an end date to this pit. I noted that you all seemed to be looking for some additional securities for the residents that there would be adequate funding for a reclamation bond and a defined date of reclamation, but I wonder what sureties and financial security is the company providing that they won't produce adverse effects on our local water supply? I see the issue 2-fold:
1) The climate is warming and the west is experiencing increasing heat and drought, which already puts our water supply at risk into the future. Allowing a water hogging industry that has indicated they will rely on near-constant water use to reduce dust and produce aggregate is a classic "tragedy of the commons" with favor going to a non-resident corporation. As local households we’re all assigned water-use limits defined by our water rights claims, many from the late 1800s; to what standard and limit will WM be held?
2) WM's application to DEQ indicates a deep groundwater source that they will avoid penetrating, at some 109+ feet. As far as I understand this process there is not an independent engineering assessment by DEQ of these applications, so whatever depth WM decides our local water is at will be taken as fact and they'll be allowed to dig down to their proposed 65' depth as permitted. Without insinuating that their own engineers would be incentivized to find a such a favorable water table depth, I will point out to you that every neighbor I have spoken with over the last month has their well dug to <70 feet, my own is at 45’ and is at the same elevational gradient as the prosed variance area. Exposure of our groundwater system through mining operations, even if unintentional, is a real concern to me and could be debilitating to the neighborhood. Exposure to air and/or foreign materials could potentially require significant financial investment in advanced water treatment systems inside every house. Who would be liable for such a cost? And is WM likely to inform us of a breach or will we only learn through slow, unnoticed-until-its-too-late health impacts of contaminated water? Are these potential issues covered in WM's bond? In order to, recoup such costs will we as residents have to sue the corporation first to prove negligence? Or can we count on the county going to step in and help, at that late stage, to stand up for its citizens?
As you appear to be seriously considering WM variance application and are looking for some further concessions, I hope you will take additional things into consideration beyond just a sunset date some 50-75 years in the future.

Many Thanks,
Joe Fortier

The county agrees that a gravel pit does not comply with the zoning regulations for ZD40 as proven by the current request for a variance. Since 1993 (30 years), the DEQ has used Missoula County’s erroneous determination as a basis for granting permits. The county falsely stated that the use was in compliance in 1993, 2008, 2009, 2010, 2014, and 2015, then the DEQ continued by using previous compliance statements in 2016 and 2021. When are the County and DEQ going correct these errors?

Letter to Missoula County Commissioners

I am writing in hopes of appealing to your better senses as a body of elected officials who are seated to represent all constituents within the boundaries of Missoula County. I would like to see you deny the Western Materials variance request for expansion of the Hendrickson Pit south of Lolo and I will share with you another perspective. Many people have done an excellent job reviewing stats, evidence and legalities pertaining to this operation. These documents are obtainable on this site for anyone who wants to review our path thus far. I will only say that at the heart of this issue is upholding the spirit of law concerning Zoning Ordinances. These, by design, provide protection for residential areas to avoid prohibited activities which denigrate the value of properties and quality of life. This seems to have been totally ignored through the “permitting” processes from day one. We are trying to protect our neighborhood from degradation and devaluation in the future.

Let’s look at the broad scope of this cycle. I never would have envisioned myself as being an environmentalist, but this issue is about the environment and its’ health which translates into human health.
I was raised on a ranch in the Bitterroot Valley. We had a Grade A milking facility as well as beef cattle. Taking care of the land and our herds for production, taught me many disciplines which are ingrained in my DNA. It was necessary to have clean water sources for irrigation and productive crop cycles. The ground had to be managed for optimal health to grow pasture for the herd. Trees and soil create a healthy, organic biome and are the lungs of the earth. When they are damaged an in disrepair, do you think mankind can survive well? I bring this up because there are several organic farms within our neighborhood and Lolo Ranch, LLC has expressed their intent to do organic farming. Refer to their attorneys’ letter which is posted on this page. You can not get certified organic with harmful pollutants so close to source. A stable food supply is a necessity and so many farms have been bought up by corporations and some closed. A healthy, organic food supply is necessary to human survival and fitness. I don’t see that need going away, only growing in demand.

The comments from people in industry is build more subdivisions, which is where a lot of this material goes. Many of these developments are built on top of some of the most fertile soil in areas that were typically agriculture. It has been said by some involved in the community, we cannot attract more businesses to this area without more housing. I find this farcical when the average price of housing since 2020 has skyrocketed to egregiously, overpriced valuations due to a major influx of very wealthy people paying prices substantially above the asking price, thus driving the market. People who have lived here all their life, paid taxes and been good citizens, can no longer afford the American Dream. That argument falls flat on its face. We need affordable housing, not mansions. A well-trained work force is the economic driver in a community. Montana has some of the best talent who understand mechanical processes and value a good, sustainable vocation.

Many decisions have been rendered by the counties and the court systems favoring monetary gain over the health and welfare of the populous. The question is, do we have to destroy neighborhoods and viable, arable lands by overzealous industrial complexes who will expand operations ad infinitum given the opportunity for economic riches? What puzzles me is the quest by Missoula County for zero carbon emissions by the year 2030, sustainability, clean air, water, and embraces one of the strictest policies in the state for pollution standards. How does this fit in with that plan?? Please explain how a concrete plant, asphalt plant and tearing the land up creating air pollution, water pollution and overuse of water, fits into your category of standards? The wildlife native to this area is being pressured by expansion of homes on the interface and traffic. The elk have changed their patterns considerably and are forced to traverse east to the river bottom, thus creating a hazard for commuters. I have lived here 36 years and have witnessed elk movement towards the neighborhood and calving right across the road which had never happened until the last several years. The wetlands, once a vibrant green with flourishing cattail, are now dried up due to encroachment on the westside of the drainage system which fed the larger pond on the eastside. It was a prime nesting area for geese and ducks in the flyway area. There were otters on the westside. The flow that sustained life has been severed and cut off by gravel operations extending over the boundary line and removing ditches that furnished the flow.
I understand the need for gravel and other extractions. I am not against benefitting the road maintenance and other development uses. There are lots of other resources within a short radius in Missoula County and no, we are not running out of gravel. Remember this area was carved out by a glacial lake and there are lots of rich deposits. What we want to see is accountability by the proper processes to uphold the rule of law and protect citizen rights. We may be the remote southern district in Missoula County, but we all pay taxes to support services and your salaries. We are peaceable, law-abiding citizens who value our homes, property, and families. If we don’t stand by the laws as designed to be equally protected, what kind of legacy do we leave for our children, grandchildren and beyond if we don’t stand up to protect their interests? Failure is not an option. We are all your constituents. I hope you will review these issues carefully with an eye to the future.

Respectfully,
Michelle Kuntz

Letter to Missoula County Commissioners

I am writing in hopes of appealing to your better senses as a body of elected officials who are seated to represent all constituents within the boundaries of Missoula County. I would like to see you deny the Western Materials variance request for expansion of the Hendrickson Pit south of Lolo and I will share with you another perspective. Many people have done an excellent job reviewing stats, evidence and legalities pertaining to this operation. These documents are obtainable on this site for anyone who wants to review our path thus far. I will only say that at the heart of this issue is upholding the spirit of law concerning Zoning Ordinances. These, by design, provide protection for residential areas to avoid prohibited activities which denigrate the value of properties and quality of life. This seems to have been totally ignored through the “permitting” processes from day one. We are trying to protect our neighborhood from degradation and devaluation in the future.

Let’s look at the broad scope of this cycle. I never would have envisioned myself as being an environmentalist, but this issue is about the environment and its’ health which translates into human health.
I was raised on a ranch in the Bitterroot Valley. We had a Grade A milking facility as well as beef cattle. Taking care of the land and our herds for production, taught me many disciplines which are ingrained in my DNA. It was necessary to have clean water sources for irrigation and productive crop cycles. The ground had to be managed for optimal health to grow pasture for the herd. Trees and soil create a healthy, organic biome and are the lungs of the earth. When they are damaged an in disrepair, do you think mankind can survive well? I bring this up because there are several organic farms within our neighborhood and Lolo Ranch, LLC has expressed their intent to do organic farming. Refer to their attorneys’ letter which is posted on this page. You can not get certified organic with harmful pollutants so close to source. A stable food supply is a necessity and so many farms have been bought up by corporations and some closed. A healthy, organic food supply is necessary to human survival and fitness. I don’t see that need going away, only growing in demand.

The comments from people in industry is build more subdivisions, which is where a lot of this material goes. Many of these developments are built on top of some of the most fertile soil in areas that were typically agriculture. It has been said by some involved in the community, we cannot attract more businesses to this area without more housing. I find this farcical when the average price of housing since 2020 has skyrocketed to egregiously, overpriced valuations due to a major influx of very wealthy people paying prices substantially above the asking price, thus driving the market. People who have lived here all their life, paid taxes and been good citizens, can no longer afford the American Dream. That argument falls flat on its face. We need affordable housing, not mansions. A well-trained work force is the economic driver in a community. Montana has some of the best talent who understand mechanical processes and value a good, sustainable vocation.

Many decisions have been rendered by the counties and the court systems favoring monetary gain over the health and welfare of the populous. The question is, do we have to destroy neighborhoods and viable, arable lands by overzealous industrial complexes who will expand operations ad infinitum given the opportunity for economic riches? What puzzles me is the quest by Missoula County for zero carbon emissions by the year 2030, sustainability, clean air, water, and embraces one of the strictest policies in the state for pollution standards. How does this fit in with that plan?? Please explain how a concrete plant, asphalt plant and tearing the land up creating air pollution, water pollution and overuse of water, fits into your category of standards? The wildlife native to this area is being pressured by expansion of homes on the interface and traffic. The elk have changed their patterns considerably and are forced to traverse east to the river bottom, thus creating a hazard for commuters. I have lived here 36 years and have witnessed elk movement towards the neighborhood and calving right across the road which had never happened until the last several years. The wetlands, once a vibrant green with flourishing cattail, are now dried up due to encroachment on the westside of the drainage system which fed the larger pond on the eastside. It was a prime nesting area for geese and ducks in the flyway area. There were otters on the westside. The flow that sustained life has been severed and cut off by gravel operations extending over the boundary line and removing ditches that furnished the flow.
I understand the need for gravel and other extractions. I am not against benefitting the road maintenance and other development uses. There are lots of other resources within a short radius in Missoula County and no, we are not running out of gravel. Remember this area was carved out by a glacial lake and there are lots of rich deposits. What we want to see is accountability by the proper processes to uphold the rule of law and protect citizen rights. We may be the remote southern district in Missoula County, but we all pay taxes to support services and your salaries. We are peaceable, law-abiding citizens who value our homes, property, and families. If we don’t stand by the laws as designed to be equally protected, what kind of legacy do we leave for our children, grandchildren and beyond if we don’t stand up to protect their interests? Failure is not an option. We are all your constituents. I hope you will review these issues carefully with an eye to the future.

Respectfully,
Michelle Kuntz

Letter to Missoula County Commissioners

I am writing in hopes of appealing to your better senses as a body of elected officials who are seated to represent all constituents within the boundaries of Missoula County. I would like to see you deny the Western Materials variance request for expansion of the Hendrickson Pit south of Lolo and I will share with you another perspective. Many people have done an excellent job reviewing stats, evidence and legalities pertaining to this operation. These documents are obtainable on this site for anyone who wants to review our path thus far. I will only say that at the heart of this issue is upholding the spirit of law concerning Zoning Ordinances. These, by design, provide protection for residential areas to avoid prohibited activities which denigrate the value of properties and quality of life. This seems to have been totally ignored through the “permitting” processes from day one. We are trying to protect our neighborhood from degradation and devaluation in the future.

Let’s look at the broad scope of this cycle. I never would have envisioned myself as being an environmentalist, but this issue is about the environment and its’ health which translates into human health.
I was raised on a ranch in the Bitterroot Valley. We had a Grade A milking facility as well as beef cattle. Taking care of the land and our herds for production, taught me many disciplines which are ingrained in my DNA. It was necessary to have clean water sources for irrigation and productive crop cycles. The ground had to be managed for optimal health to grow pasture for the herd. Trees and soil create a healthy, organic biome and are the lungs of the earth. When they are damaged an in disrepair, do you think mankind can survive well? I bring this up because there are several organic farms within our neighborhood and Lolo Ranch, LLC has expressed their intent to do organic farming. Refer to their attorneys’ letter which is posted on this page. You can not get certified organic with harmful pollutants so close to source. A stable food supply is a necessity and so many farms have been bought up by corporations and some closed. A healthy, organic food supply is necessary to human survival and fitness. I don’t see that need going away, only growing in demand.

The comments from people in industry is build more subdivisions, which is where a lot of this material goes. Many of these developments are built on top of some of the most fertile soil in areas that were typically agriculture. It has been said by some involved in the community, we cannot attract more businesses to this area without more housing. I find this farcical when the average price of housing since 2020 has skyrocketed to egregiously, overpriced valuations due to a major influx of very wealthy people paying prices substantially above the asking price, thus driving the market. People who have lived here all their life, paid taxes and been good citizens, can no longer afford the American Dream. That argument falls flat on its face. We need affordable housing, not mansions. A well-trained work force is the economic driver in a community. Montana has some of the best talent who understand mechanical processes and value a good, sustainable vocation.

Many decisions have been rendered by the counties and the court systems favoring monetary gain over the health and welfare of the populous. The question is, do we have to destroy neighborhoods and viable, arable lands by overzealous industrial complexes who will expand operations ad infinitum given the opportunity for economic riches? What puzzles me is the quest by Missoula County for zero carbon emissions by the year 2030, sustainability, clean air, water, and embraces one of the strictest policies in the state for pollution standards. How does this fit in with that plan?? Please explain how a concrete plant, asphalt plant and tearing the land up creating air pollution, water pollution and overuse of water, fits into your category of standards? The wildlife native to this area is being pressured by expansion of homes on the interface and traffic. The elk have changed their patterns considerably and are forced to traverse east to the river bottom, thus creating a hazard for commuters. I have lived here 36 years and have witnessed elk movement towards the neighborhood and calving right across the road which had never happened until the last several years. The wetlands, once a vibrant green with flourishing cattail, are now dried up due to encroachment on the westside of the drainage system which fed the larger pond on the eastside. It was a prime nesting area for geese and ducks in the flyway area. There were otters on the westside. The flow that sustained life has been severed and cut off by gravel operations extending over the boundary line and removing ditches that furnished the flow.
I understand the need for gravel and other extractions. I am not against benefitting the road maintenance and other development uses. There are lots of other resources within a short radius in Missoula County and no, we are not running out of gravel. Remember this area was carved out by a glacial lake and there are lots of rich deposits. What we want to see is accountability by the proper processes to uphold the rule of law and protect citizen rights. We may be the remote southern district in Missoula County, but we all pay taxes to support services and your salaries. We are peaceable, law-abiding citizens who value our homes, property, and families. If we don’t stand by the laws as designed to be equally protected, what kind of legacy do we leave for our children, grandchildren and beyond if we don’t stand up to protect their interests? Failure is not an option. We are all your constituents. I hope you will review these issues carefully with an eye to the future.

Respectfully,
Michelle Kuntz

Does Missoula County have oversight, follow up, and enforcement over the departments under their care? I ask this because in my opinion, it appears Missoula County did not.  I ask this because The Washington Company had a permitted gravel pit (#00266) between Old Hwy 93 and the new US Hiwy 93 and it appears the requirements, rules and regulations of all of their permits were adhered to, including reclamation. 

So why didn't this happen with the Hendricksen gravel pit?    Zoning was implemented in 1976; the "Zoning Compliance Form" was completed by and signed by Missoula County employee A.M. Hettich on 6/4/93 stating: "I/We, hereby declare that Stan Hendricksen (applicant) has notified me/us that Applicant is proposing to conduct opencut sand and gravel mining operations in the SE 1/4 SW 1/4, Section 23, Township 11N, Range 20W, Missoula County. The proposed operation complies with Missoula County/City's approved zoning regulations, and is not located within an area zoned as residential. Signed: A.M.Hettich 6/4/93."

Missoula County approved a zoning compliance permit without regard to the zoning laws, regulations, policies, procedures, the legal rights of the citizens, or the will of the people. And in my  opinion, continued to do so by approving 3 additional Zoning Compliance Permit with reckless regard.

Based on records requested from government agencies and public records, I ask the County Commissioners to DENY the Variance request.

Commissioners,

As time passes, problems and questions seem to compound regarding both the existing gravel pit operation on the Hendricksen site and Western’s use variance application. Since no answer is brought forward by the applicant or by the County, I cannot see how this Board can possibly approve this use variance. The mitigations Western agreed to add to their proposal, solely in reaction to public and agency comments, will not do.
The following is a non-exhaustive list of questions the public, and the neighboring residents in particular, have raised and still have not been answered:
- How could the Planning Office agree to review WGM’s application when the potential non-compliance with the law of Western’s current operation was never addressed?
- Why wouldn’t the Planning Office, in their Staff Report, rebuke some clear misrepresentations stated by WGM in their application? All the information is publicly available.
- Why would the Planning Office repeat some of these misrepresentations in their Staff Report?
- Why did the County’s legal Counsel not advise the Planning Office to adopt a more careful approach?
- Why doesn’t the County’s legal Counsel express any opinion at all on the legal issues at hand?
- When EXACTLY did the Planning Office start working with WGM on Western’s expansion project?
During Western’s neighborhood meeting in the Fall of 2023, the public was told that this project was brought to the attention of the Planning Office in September 2023. During the April 4 hearing, the Planning Office mentioned that the department was made aware of the project sometime in the Summer of 2023. Public records show that meetings were held in February 2023 regarding this expansion project. So what date was it?
- What EXACTLY is the alternative project to Western’s expansion on the Leibenguths’ property?
On several occasions, the threat of a potential housing development of a massive 14 houses on 70 acres was waved at the neighboring property owners. However, on April 4, the public learned that the actual project on the 70acres was for the Leibenguth family to start their own gravel pit. So which is it?
- At what point are Western and the County going to have the decency to bring some numbers to the conversation on exactly how much gravel is needed in the County?
The applicant and the County is asking this neighborhood as a whole, and in particular my family and my 3 young sons, all under the age of 7, to sacrifice the quality of our air, the quality and availability of our water, the hard-earned investment we placed in our property, the enjoyment of the beautiful Bitterroot Valley and its wildlife, to endure impacts to our health, deterioration of our roads, deterioration of our safety on the same roads, etc., and yet we do not deserve to be given exact numbers on why we should agree to such sacrifice? Instead, this neighborhood is being shamed for refusing to allow Missoula County to access convenient gravel.
- Why is the County willing to bend the rules and laws to such extreme to allow the expansion of this specific pit?
- Does the County plan on requesting environmental impact assessments, especially in regard to water quality and access, before this Board comes to a decision?
- Is this Board of Commissioners aware that had this neighborhood not rallied and provided critical information on the history of this gravel pit, this use variance would have been approved in December 2023 with total disregard to local zoning laws?
- Does this Board understand that for the past 30 years, local residents were stripped of their right to be included in the decision-making process in regard to uses within ZD40, as is recognized in Part 1 zoning statutes in the Constitution of the State of Montana?
- How can the County justify that Stan Hendricksen was given a pass every time he wanted to expand his operation and yet use variance procedures were strictly enforced on all the other residents of ZD40?
- How can the County justify granting a use variance to Western when it did not follow nor enforce its own Counsel’s recommendation issued in 2008 to have this operation shut down in 2020?
- Why was this condition to granting the zoning permit in 2009 not enforced in 2020?
- In light of the complete disregard for the environmental degradation of our wetland, the elimination of crucial easement ditches (that were never supposed to be removed), repeated infringements on DEQ permit boundaries, illegal asphalt operation, illegal disposable of septic waste, lack of dust mitigation, increased truck traffic on a poorly maintained road, increased traffic of double loader trucks at an uncontrolled intersection, disregard for hours of operation, all of which issues were brought forth by either the DEQ or local residents, after all these years of infringements, why should the public trust that the County will hold any operator of this pit accountable?

I urge this Board of Commissioners to DENY the use variance on the ground that these issues were raised on numerous occasions by the public but were never addressed by the applicant or the Planning Office.