Between a Rock and a Hard Place

The debate over “gravel pits” in the 2007 legislative session barely scratched the surface over the interests of two immovable forces: property-owners who want to develop (rock) and property-owners (hard place) who want things as they are.

Each group is ready for a fight.

Everyone agrees: We must have sand, gravel and aggregate.

Industry deserves certainty in the regulatory framework. But while Michael Kakuk has enjoyed a string of successes in court, industry cannot [and should not] count on the crap shoot called the judicial system.

Industry must meet tight timetables specified in the contracts it successfully bids a project. It bids each job on the basis of where it will mine and process the needed materials. A key variable is transportation costs and securing sand, gravel aggregate as close to the project.

For smaller projects, like foundations for homes and businesses, bids are based on the materials coming from existing “gravel pits.” For larger projects, such as highway construction and reconstruction, it depends on the math.

The Montana and United States Departments of Transportation are unforgiving in their contractual requirements. The contractor must perform at the price it bids, no if’s, and’s or but’s. In the case of Knife River and the reconstruction project of US 93 south of Missoula it secured, transportation costs were calculated on mining and processing the materials at a site owned by Ken Allen just north of Lolo.

Responding to the well-organized opposition of adjacent property-owners, the Missoula County Commission imposed interim zoning disallowing the “gravel pit.” Knife River was forced to provide the materials needed for the project from its location near the north end of Reserve Street in Missoula and was stuck with “eating” significantly more miles (and costs) for transportation. Knife River says it absorbed $500,000 in costs. Because of deadlines imposed, coupled with the time required to process an open cut permit, it did not have the option of securing materials from another site.

At the time, Knife River had a permit pending with the DEQ for the Lolo location. As in every other permit it had filed previously, Knife River had every confidence it would receive the permit for the preferred location. The only thing that stopped it was the intervention of the county commission.

The county commission really forced a statute to fit the circumstance and acted to safeguard the rights, interests, health of property-owners and the environment. And, as in so many instances, there was a “loser.” To the tune of $500,000. No company can absorb costs of that magnitude and remain profitable. And, remember, this is only one example.

Obviously, there must be certainty in the process, but for everyone.

The industry really would prefer to focus on what it does best: Make money by supplying materials essential to build Montana. Property-owners would just as soon they do the same. In far too many other cases, property-owners, public health and safety and the environment have absorbed the “costs.”

Unfortunately, their futures are inextricably linked.

So what types of property owners are affected?

Suburbanites, the ones located fairly close to cities, where the permitted expansions of “gravel pits” are encroaching on the backyards and front yard views and placing heavy truck traffic on access routes. In most cases, homeowners mistakenly felt they were “far enough away.” In many of these cases, it’s ‘the buyer beware.’

Rural property-owners in thought to be remote, pristine areas, most often along rivers, a mix of old-timers and newcomers. Here, the issue is one of either the permitting and opening of new “gravel pits” or (2) the and re-opening of others that stood dormant for years or only operated sporadically (or both).

Property-owners just sort of get used to the eyesore that dormant “gravel pits” are. But, when they suddenly re-open, watch out! [This process reminds me of the cicada in the Midwest. This locust-type insect appears only in 2-to-3-year or 13-to-17-year cycles. They appear, make a lot of noise and a hell of a mess and then recede; but, everyone knows they will return – eventually.]

“When will you make an end of it?”

That was the question reportedly posed each day by Pope Julius II of Michelangelo, who was painting the Sistine Chapel.

A “gravel pit” is certainly no masterpiece, far from it.

But, the question is applicable and fair.

Just how long is the jagged scar to remain until restored and reclaimed? The permit covering each “gravel pit” specifies reclamation requirements, but hundreds of pits remain unreclaimed. Why?

The existing regulatory framework doesn’t work. Each side is not lacking for an opinion about how to “fix” it. But, they aren’t talking to one another.

So, the Legislature is rightfully expected to fix this and attempt to balance the competing values and conflicting priorities. In other words, it will occupy the place between that rock and the hard place. So much to know and so little time.
Legislators are elected by voters who not work for industry, but by just as many who lives and lifestyle may be destroyed. Hopefully, they will listen to both points of view. [Reminder: Property-owners do not have lobbyists.]

If you expect a resolution that protects propert-owners, don’t hold your breath.

In 2009, it will be entertaining to watch two legislators, both Republicans, in particular.

Garry Perry, a holdover senator from Manhattan, who reportedly lives near a proposed “gravel pit,” has filed a bushel-load (six to be exact) bill draft requests to revise the open cut laws.

Bill Nooney, a state representative from Missoula, whose election is anything but guaranteed if Bill Vaughn (darkacres.com) has his way.

http://www.darkacres.com/

Nooney, you see, is trying to play both sides. He has accepted money from MCA, but supported the Missoula County Commission interim zoning that stopped the Lolo “gravel pit” dead in its tracks. The race will be close.

If he does manage to win, he may feel he is joining 149 others in the squeeze. It is more likely that Rep. Nooney will be fed into legislative crusher or batch plant.