Use Variance to Expand Gravel Operation South of Lolo
The Missoula County commissioners voted to approve this use variance request at a special public meeting on Aug. 6, 2024.
You can view the approved Record of Zoning Restriction here.
Missoula County has received a use variance request from Western Materials for property located west of Old Highway 93 South, just south of McClain Creek Road near Lolo. The variance request is to allow the existing 80-acre gravel operation on the east (shown outlined in green) to expand into the 70-acre area shown outlined in red and yellow. The expansion will nearly double the size of the operation.
All tracts are zoned Citizen Zoning District ZD#40, a residential zoning district the Missoula County Planning and Zoning Commission adopted in 1976. The existing gravel operation pre-dates this zoning and so is permitted to continue as a legal nonconforming use. However, since the zoning does not authorize resource extraction, the applicant must request, and be granted, a use variance to expand beyond the existing 80 acres. The application cover letter describes in depth why the applicant believes the western 70 acres qualifies for a use variance.
You can find the full application here.
We are not opposed to the variance of the recently acquired lots for the gravel pit, as long as the variance would apply only to those lots, specifically for the gravel pit and not for any other future land purchases in the current/historically zoned land in the area.
I oppose this proposed variance request. As stated, "the zoning does not authorize resource extraction" and it is incumbent upon the county to protect the health and safety of citizens, air quality, water quality, the environment and wildlife.
-It appears errors were made throughout the years by local government as sighted in the documentation; this doe not "make it okay" to make MORE errors by ignoring the existing ZD 40 zoning.
-ZD40 zoning was put in place to protect homeowners, yet here we are striving to protect ourselves, our neighborhood, our health, and our environment due to errors.
-This facility is located in a residential area and should not have expanded.
-Generally, when real estate transactions turn up a deficiency, it is incumbent upon the seller or buyer to determine who will be responsible to correct the deficiency. How do you propose to correct the over expansion of this mining operation and the errors made? Some of this operation needs to be reduced.
-I am confident you have access to the environmental data concerning carcinogens produced by concrete and asphalt production and wouldn't want your family submitted to these conditions either.
-We hope Missoula County will protect the Florence residents and environment by upholding ZD40 zoning. If the mining operation needs to be reduced to become compliant with requirements, so be it. I'm quite surprised the county hasn't implemented a fine for non-compliance when errors were brought to their attention.
I oppose this proposed variance request. As stated, "the zoning does not authorize resource extraction" and it is incumbent upon the county to protect the health and safety of citizens, air quality, water quality, the environment and wildlife.
-It appears errors were made throughout the years by local government as sighted in the documentation; this doe not "make it okay" to make MORE errors by ignoring the existing ZD 40 zoning.
-ZD40 zoning was put in place to protect homeowners, yet here we are striving to protect ourselves, our neighborhood, our health, and our environment due to errors.
-This facility is located in a residential area and should not have expanded.
-Generally, when real estate transactions turn up a deficiency, it is incumbent upon the seller or buyer to determine who will be responsible to correct the deficiency. How do you propose to correct the over expansion of this mining operation and the errors made? Some of this operation needs to be reduced.
-I am confident you have access to the environmental data concerning carcinogens produced by concrete and asphalt production and wouldn't want your family submitted to these conditions either.
-We hope Missoula County will protect the Florence residents and environment by upholding ZD40 zoning. If the mining operation needs to be reduced to become compliant with requirements, so be it. I'm quite surprised the county hasn't implemented a fine for non-compliance when errors were brought to their attention.
Hello, I am a direct neighbor to the current mine and I am writing you to uphold our current zoning regulations in Citizen Zoning District #40 and not allow the variance to be granted for the expansion of the Western Materials mine on Old US Highway 93 in Florence.
Elk
My first and foremost worry is for the elk herd that uses the proposed expansion properties for migration and protection. Every winter morning, a herd of cows and calves use my driveway, my neighbors fields, and the proposed mining site to access the higher west side of the valley. If this passage is taken from the Elk, they will be forced to travel down the old highway itself our the new highway, either of which can only result in more accidents and death.
Noise & Dust
The amount of noise and dust that is cerated by any mining operation is tremendous, we understood that when we chose to buy a home next to an active mine. We are able to manage our current air and noise pollution, however, if this mine was allowed to double in size and production, the air and noise pollution would increase to the detriment of our families and households.
During wind storms, the amount of dust the blows off the current mine and into the traffic on the 4 lane highway is wild. If even more land was turned up for gravel, even more dust would fly onto the already dangerous highway, causing serious traffic and safety concerns.
Traffic
If the mining operation were allowed to expand, the traffic on Old 93 would increase. Trucks already pull out onto the old highway with reckless abandon, frequently not seeming to check for oncoming traffic. A friendly orange caution sign tells vehicles on the old highway to watch for them, but a slow moving truck pulling out in to a 55mph highway is dangerous. The left hand turn onto highway 93 heading to Missoula will also become more congested than it already is with increased truck traffic.
Home Value & Visual Pollution
I also worry about the effects this expansion will have on the enjoyment and value of my home and property. The doubling of the mine will create a huge unsightly scar up a large stretch of land. It will interfere with our visual enjoyment of this beautiful setting we have intentionally chosen to build a life in, and cause visual pollution in the Bitterroot Valley.
Zoning
I hope that you chose to help us enforce our zoning and deny Western Materials the ability to expand their mining operation on Old US 93 in Florence. Our community chose to vote in the Citizen Initiated Zoning District #40 and created it “to provide for low-density residential development adjacent to critical resource area, such as aquifer recharge areas and critical wildlife habitats, such as winter game ranges, breeding and spawning areas, rare vegetation.” Section F states “Any existing non-conforming uses shall be limited to their present size and not allowed to expand in any form or nature.” The current gravel pit was grandfathered into this zoning, and should be required to uphold the regulations stated there. Please help us enforce this chosen Zoning for our community.
I am writing you to uphold our current zoning regulations in Citizen Zoning District #40 and not allow the variance to be granted for the expansion of the Western Materials mine on Old US Highway 93 in Florence.
Elk
My first and foremost worry is for the elk herd that uses the proposed expansion properties for migration and protection. Every winter morning, a herd of cows and calves use my driveway, my neighbors fields, and the proposed mining site to access the higher west side of the valley. If this passage is taken from the Elk, they will be forced to travel down the old highway itself our the new highway, either of which can only result in more accidents and death.
Noise & Dust
The amount of noise and dust that is cerated by any mining operation is tremendous, we understood that when we chose to buy a home next to an active mine. We are able to manage our current air and noise pollution, however, if this mine was allowed to double in size and production, the air and noise pollution would increase to the detriment of our families and households.
During wind storms, the amount of dust the blows off the current mine and into the traffic on the 4 lane highway is wild. If even more land was turned up for gravel, even more dust would fly onto the already dangerous highway, causing serious traffic and safety concerns.
Traffic
If the mining operation were allowed to expand, the traffic on Old 93 would increase. Trucks already pull out onto the old highway with reckless abandon, frequently not seeming to check for oncoming traffic. A friendly orange caution sign tells vehicles on the old highway to watch for them, but a slow moving truck pulling out in to a 55mph highway is dangerous. The left hand turn onto highway 93 heading to Missoula will also become more congested than it already is with increased truck traffic.
Home Value & Visual Pollution
I also worry about the effects this expansion will have on the enjoyment and value of my home and property. The doubling of the mine will create a huge unsightly scar up a large stretch of land. It will interfere with our visual enjoyment of this beautiful setting we have intentionally chosen to build a life in, and cause visual pollution in the Bitterroot Valley.
Zoning
I hope that you chose to help us enforce our zoning and deny Western Materials the ability to expand their mining operation on Old US 93 in Florence. Our community chose to vote in the Citizen Initiated Zoning District #40 and created it “to provide for low-density residential development adjacent to critical resource area, such as aquifer recharge areas and critical wildlife habitats, such as winter game ranges, breeding and spawning areas, rare vegetation.” Section F states “Any existing non-conforming uses shall be limited to their present size and not allowed to expand in any form or nature.” The current gravel pit was grandfathered into this zoning, and should be required to uphold the regulations stated there. Please help us enforce this chosen Zoning for our community.
I formally oppose the request for a Use Variance by Western Materials LLC to expand the Hendricksen Gravel Pit.
The ZD 40 citizen initiated zoning was passed by 60% of the citizens in 1976. The gravel pit was grandfathered in as a nonconforming use, and the Resolution clearly states that any nonconforming use must not expand in size.This is a mining operation located in the middle of a neighborhood.
There is already virtually no space between it and the neighborhood. An expansion would only exacerbate this undesirable situation. I am very concerned about the air quality of the neighborhood. The dust and other activities have already deteriorated our air quality. I understand that the DEQ permit allows for an asphalt plant to be installed as well. This is absolutely unacceptable. Asphalt plants are known to emit carcinogenic particles in the air which would blow right in my backyard where my 6, 4 and 11 month old play daily.
The Use Variance which would allow the operation to double in size would be detrimental to our enjoyment of land, water, air and limited noise. This gravel pit, its expansion and subsequent activities are causing unnecessary harm to me and my family.
This expansion is not in our public interest. We would receive no benefit from it while enduring a deteriorated quality of our land usage. This would become a major mining operation carving a giant hole out of our mountain. Western’s only harm would be a loss of profit. Why should they get to profit at the expense of the people of this neighborhood?
Hello, I live in Florence and as with any additional business or subdivision or home into the area there is some kind of impact on the local community. As you know there is an ongoing study and planning going on for highway 93 from Florence and Lolo. We also have air quality concerns with our inversion zone. We also have ground and surface water concerns as the Bitterroot River is not far from the proposed site. We also have concerns about the impact on residents. With these things in mind I ask the following questions.
1. **Water Management:**
- How will you prevent and manage water runoff from the concrete and asphalt operation to ensure it doesn't impact the Bitterroot River?
- What measures are in place to protect groundwater quality during and after the operation?
2. **Air Quality Controls:**
- What specific air quality control measures will be implemented to minimize emissions and particulate matter from the facility?
- How frequently will air quality monitoring be conducted, and what actions will be taken if limits are exceeded?
3. **Noise Mitigation:**
- How will the operation address potential noise disturbances to the surrounding neighborhoods, and what decibel levels are expected during different phases of operation?
- Are there designated quiet hours, and what steps will be taken to minimize noise during those times?
4. **Traffic Impact Studies:**
- Can you provide details from the traffic impact studies, including anticipated changes in traffic patterns, peak hours of operation, and potential congestion points?
- What measures are planned to mitigate any adverse impacts on local traffic flow and safety?
5. **Environmental Assessments:**
- Have comprehensive environmental impact assessments been conducted, and can you share the findings and any proposed mitigation strategies?
- How will the project address potential impacts on local flora and fauna?
6. **Community Consultation:**
- What efforts have been made to engage with the local community, and how have concerns raised during these consultations been addressed in the project plans other than this site?
- Is there an ongoing community engagement plan for the duration of the operation?
Thank you
JR
I am opposed to the variance to expand the Gravel pit into a residential neighborhood. We do not need to be breathing their dust and especially not cement dust. ZD #40 was put into place to protect homeowners and families from this gravel pit from expanding past it's original 15 acres. It was somehow allowed to expand.
I am extremely concerned that Western is proposing to put in a cement batch plant and asphalt plant. Cement is a known carcinogen and can effect areas in a 5 mile radius. My husband and I would like to live out the rest of our natural lives in our home without worrying about what is in the dust we are already breathing.
The expanded gravel pit is going to devalue our property to the point that we will not be able to sell and afford to buy another property at our age.
There is a reason that Zoning was established and it was to protect homeowners from being chased from their homes. Please keep ZD#40 in place.
As a resident of southern Missoula County in the "Carlton" community, I request that the Commissioners reject / not approve the zoning variance and NOT allow the Western Hendrickson gravel pit to expand. While it is a great resource in it's current foot print, the expansion impacts to traffic, roads, noise, air quality, scenic quality and wildlife would really degrade our area.
The current pit size has 20 years of material left and I think that's fine. I'd add that the current pit is well run by good people so I don't mean to criticize them or the operation but I request we leave it as is sine it has 20 years worth of material left. If/when it runs out, we can revisit expansion at that time. It's OK as it is, but please do not expand it.
Thank you for the opportunity to comment.
My property is located within ZD40 which clearly states that non-conforming uses shall not expand. The zoning was implemented in the first place to prevent the original gravel pit from expanding. If all the rest of the neighborhood had to follow the zoning rules for decades to protect our current quality of life then there should be no question that Western should have to do the same. My family and I are located well within the range of nuisance generated by the current gravel pit, and the expansion will greatly increase this nuisance and harm the quality of life I currently enjoy on my property. Hours of operation usually start at 5am, according to Western’s president own words, and mining happens even on Sundays. However, coincidentally since the Nov 15th meeting, trucks, excavators, and crushers are no longer operated outside of permitted hours (See DEQ permit: 7am-7pm M-Sat). The very first tract of land that will be mined if the use variance were to be granted will be the one to the South, closest to the neighboring houses, again in Western’s president own words. It would first be used to move dirt from the bottom of the pit to the higher plateau to make room for machinery to operate in the current pit. If this is the plan Western follows, this means trucks and excavators will be unloading mountains of dirt right along and in front of the neighboring properties (including my own), adding to the noise, dust, and blocking the view of the Bitterroot Valley. There is no space between the neighborhood and this gravel pit expansion. Western mentioned they had 20 years of material left to mine in the current pit, and I personally think they should spend these 20 years trying to find an alternative location for their expansion which would not be located literally within a neighborhood and within its PROTECTED zoning. The land Western is seeking to purchase and get a use variance for is known to be lacking in water resources. The zoning restrictions and the lack of water makes it highly unlikely that any housing development could ever happen. A gravel pit that doubles in size though, will become a massive mining operation, carving out the side of the mountain creating an eyesore for not only my neighborhood but the entire valley, increasing traffic, noise, dust and decreasing the quality of life of those in proximity. This gravel pit will be an unnecessary harm to me, my family and my enjoyment of my property. I oppose the use variance and the expansion of the Hendrickson Pit.
As the owner and resident of one of only 3 properties that will share a property line with the planned expansion of the western excavating site, I would hope that my opinion will be weighed appropriately in scale to the direct impact to me and my family as compared to those whom do not border the planned project. I stand firmly in full support of the proposed expansion. The current operation has been well run, tidy, and has caused no nuisance whatsoever over the past years. Western excavating is a reputable well run local company operated by folks who live in the area. There has never been any noise or dust nuisance and they have been great neighbors. They operate only during normal business hours on weekdays and the trucks load early and are gone early in the day. The impact of this operation is much more desirable to me, my family, and our livestock than any other type of development would be. I especially do not want additional residential development on any of these tracts of land. That would be devastating in every regard. If you look you will see that I will share more property boundary with this proposed expansion than any other property owner and I give my full support to western excavating in their proposed expansion. Much of what has been stated in opposition to this project is outright lies and would welcome any of the county commissioners to walk my property with me and see the truth firsthand. Thank you kindly for your thoughtful consideration in this matter.
As a local business owner I rely very heavily on this pit that is already at peak operating capacity. Having the incredible material available in the area allows us to keep our prices down for every excavation job we do. Including but not limited to driveways, patios, footings and pads for outbuildings like MQS. People are not fully considering how everything they want like better roads and infrastructure requires the exact material coming out of there. The expansion will not increase the amount of truck traffic at all. Not One Bit. Nobody is going to go out and buy more $250k trucks because they are still making material at the same rate as before. They will continue to mine and crush exactly as they have been for years with the only change being they will be able to continue after 8 years. There is already a pit in full operation and this will only benefit the community needs as well as the many small family businesses like my own. This needs to move forward to keep everybody’s projects moving at a reasonable cost.