As was their option, with the issuance of a decision from Department of Environmental Quality (DEQ) last July, that their plan had deficiencies, Riverside Contracting has submitted a response to the DEQ’s Deficiency Notice dated July 25, 2019. The company has proposed the development of a gravel mine near Shepherd, to which there was broad community objection last spring.
There will be no public hearing regarding the revised application, but citizens may submit comments about the proposal until May 22, at which time DEQ must either extend the review period another 30 days, issue another deficiency notice, or approve the permit. DEQ will accept public comment throughout the process.
Riverside Contracting proposed an open-cut gravel mine at the Donnes site, located a mile east of Shepherd Schools on Shepherd Rd. East, with access to the site directly across from the intersection with Frey Road.
Riverside Contracting, Inc. plans to run the mine 24/7 until 2035 if they were to be given a permit.
After some four months of consideration, public hearings and public comment, the DEQ rejected the proposal citing a number of deficiencies. It is not unusual for such permitting applications to receive a notice of deficiencies following their first submittal. DEQ determined that Riverside’s application inadequately addressed concerns about the effect the gravel pit would have on the area’s water supply and wildlife.
Kristianne Wilson, one of the many residents in the area concerned about the impacts of the proposed mine, is urging public participation and comment.
Wilson said that since last fall, “there have been significant concerns by local neighbors about trenches Mr. Donnes started to dig on his property . .. and the dewatering that has occurred.” Water is draining from Donnes’ property and flowing across the adjacent property owned by Chris and Rosanne Flann and ultimately flowing into Crooked Creek.
This was one of the concerns raised in the original application by neighbors through the public comment process and by DEQ in their deficiency notice. The revised application indicates this continues to be the plan for the gravel pit,” said Wilson.
On April 23, Christopher and Rosanne Flann filed for and the district court granted a restraining order against Frank Donnes, Cindy Donnes, Jamie Hass, Lisa Vansetten and others, to cease a dewatering process that was contaminating their property. The court set a hearing date to show cause for May 26, 9 am.
During the public hearing, last April, citizens voiced concerns about their way of life being disrupted by permitting an open-cut mine (gravel pit) in a rural residential area. They also were concerned about traffic safety and environmental impacts.
Drainage across Flann’s property was the first issue taken up by DEQ in its deficiency letter to Riverside. The 5.5-acre non-bonded area included within the proposed boundary was identified by a DEQ archaeologist as maybe having cultural resources within it, “… and they cannot be mined or disturbed.”. In addition, the Army Corps of Engineers said that wetlands are located within this area and public comments “have indicated that the northeast corner was formerly used as a garbage dump and contaminants may be unearthed if disturbed.”
The largest deficiencies, though, according to DEQ, had to do with the effects on water in the area. Other concerns were raised about access and wildlife impacts and objections to their proposed plans of operation.
Comments may be sent by email to DEQOpencut@mt.gov (include “Riverside Contracting Inc – Donnes – 3077” in the subject line), or faxed to 406-444-4988 or mailed to: DEQ Opencut Mining Section, PO Box 200901, Helena, MT 59620-0901.
