Dear Members of the Community:
The DNRC, on behalf of the citizens of the State of Montana, has recently issued a draft Environmental Assessment (EA) supporting the installation and operation of an Asphalt Plant on state land on the banks of the Madison River Ecosystem on HWY 287 between Ennis and McAllister - beginning April 1, 2024.
A link to the EA supporting the Asphalt Plant can be found here Draft Environmental Assessment - DSL Temporary Asphalt Plant. Riverside Contracting (“Riverside”) will be the operator of the Asphalt Plant.
The DNRC is now accepting public comments on the EA supporting the Asphalt Plant on state land via the following forums:
Participation in a Zoom hearing at 6:00 March 18, 2024. To participate, the public must pre-register at:
https://mt-gov.zoom.us/webinar/register/WN_acJQLWB8Q-625IiD9U_jNQ#/registration, or;
Submit a written email to Zackary.winfield@mt.gov from 6 p.m. March 18, 2024 until 5 p.m. March 19, 2024 - in subject line note: Written Testimony, DSL Asphalt Plant Proposal. NOTE the short 23-hour window to comment.
Even though you may have commented during the previous scoping period, now that the EA has been issued, you must comment again to ensure your voice is heard. The risks are just too great to be silent on the permitting of an Asphalt Plant on state land on the banks of the Madison, its tributaries, Ennis Lake and the surrounding ecosystem. Please speak up.
We encourage everyone to review the EA and submit your own detailed and substantive comments. In addition to your comments, you should also be aware of the following:
DNRC PROCESS IS DESIGNED TO DISCOURAGE MEANINGFUL PUBLIC PARTICIPATION
· Fast Track - The DNRC has known of this application since November 1, 2023, yet failed to notify the public until January 25, 2024 (sitting on the application for 3 months). Given the commencement date of April 1, 2024, the DNRC has prepared a hurried “desktop” EA and is now only giving the public 10 days to review and comment on a 30-page assessment – providing only 2 minutes at a hearing to voice concerns and/or an extremely limited 23-hour window to submit written comments. This process is inadequate and against the law under the Montana Environmental Protection Act (MEPA) – which assures its citizens the inalienable right to a “clean and healthful environment” and a “reasonable opportunity for citizen participation” and a right to participate - Article II, Sections 3 and 8.
· Years of Concern - Since 2022, the public (both local and national) has expressed its concerns about this asphalt plant. Now that the DNRC has alerted the public to the asphalt plant, its process for public notification and review has been inadequate, confusing and unnecessarily fast-tracked.
· Highly Technical - The EA is highly technical and the public should have the right to engage 3rd party experts to provide thoughtful expert commentary. Unfortunately in this case, there is an impractical window for a comprehensive review. Since the EA was released 5 days after the close of the scoping period, it is presumed that the DNRC prepared the EA in advance based on technical input from the applicant.
Locate the Asphalt plant at an alternate location not on the banks of the Madison.
· The EA identifies, but does not evaluate, an alternate location for the Asphalt Plant outside of Alder, MT. A site in Alder may be more private, remote, rural land, away from residential communities and importantly is not on the banks of a “blue-ribbon” river or its associated ecosystems.
· By locating the plant in a “high and dry” area – the risk of any environmental impact to the wildlife, birdlife, aquatic life and human wellbeing is negligible.
THE STATE IS NOT BEING COMPENSATED FOR THE USE OF ITS LAND
· The State of Montana and its trust beneficiaries are NOT receiving any compensation for the use of its land for the asphalt plant. It appears that the State is allowing a third party to use state land without collecting additional revenue which is not permitted under state law and deprives Montana’s schools and universities of much needed revenue. This is simply not appropriate. The significant impacts and potential long-term environmental harm to the State Land on the Banks of the Madison River Ecosystem certainly merit appropriate and market consideration to reflect these impacts and long-term environmental harm.
The EA inadequately addresses environmental impacts
· Fish and Wildlife: The EA fails to appropriately analyze the impacts of the asphalt plant emissions, waste, water quality, noise and dust on fish (grayling, brown and rainbow trout) and wildlife populations such as neotropical songbirds, Tundra Swans, Trumpeter Swans, Sandhill Cranes, Curlew, Ducks, Waterfowl, Golden and Bald Eagles that frequent, roost and nest in the wetland areas immediately adjacent to the asphalt plant. This area is home to whitetail deer, elk and pronghorn antelope (with antelope birthing in the area). Further, the fisheries analysis understates the impacts to water quality by characterizing the waterway within 1,000 feet of the mine and asphalt plant as an “unnamed irrigation ditch” instead of a “jurisdictional” spring-fed tributary of Ennis Lake and minimizes the cumulative effects on the already degraded watershed. Finally, the activities proposed in the EA will exacerbate the existing 303(d) listed conditions of the adjacent Moore Creek watershed that are undergoing extensive local, state, federal and private efforts to restore the watershed and wetland complexes.
· Water Quality: The Montana Department of Environmental Quality (DEQ), in its permit to AM Welles specifically states that “Asphalt is considered to have the potential to impact water quality”. Asphalt plants can pose potential water quality issues if not managed properly. These contaminants include semi-volatile organic compounds (SVOCs), volatile organic compounds (VOCs) polycyclic aromatic hydrocarbons (PAHs) and metals (CHEJ 2019). Chemicals and heated thermal water may accidentally be discharged into the surrounding watershed. The location of the asphalt plant on the DSL site poses an unacceptable risk in an area that is already an impaired water body and is home to sensitive species.
Clay soils referenced in the EA do not provide an adequate barrier for runoff and dispersion of contaminants.
· Water Quantity (unpermitted, unknown usage): Asphalt plants consume water. There is a right to use water ONLY beginning May 1 and ONLY for sand and gravel washing. What is the projected annual water consumption of the asphalt plant? Will the flow and volume of the water be measured, noting that for decades the gravel mine operator has historically consumed water without a permit?
· Air Quality: Asphalt plants produce toxic air pollutants including polycyclic aromatic compounds, volatile organic compounds, metal and hydrogen sulfide. Extracts of certain asphalts have been shown to cause cancer in wildlife and animals. In addition, asphalt fumes can irritate the nose, throat and lungs, cause headaches, dizziness, nausea and vomiting. Longer term effects can occur for some time after exposure and can last for months or years.
· Noise and Visual Impacts: The asphalt plant poses unacceptable impacts to the Madison River Valley. The EA fails to properly evaluate visibility of the asphalt plant and mining operation from the communities of Ennis and McAllister. The asphalt plant will be visible and impact over 17 miles of the Madison River, its tributaries and Ennis Lake, as well as the Madison Meadows Golf Course area, Troutdale and the Lee Metcalf wilderness. When the eastern bench headwall of the mine is removed, the mine expansion will significantly increase its viewshed impact, permanently scarring the scenic and natural beauty which anchors the area’s significant outdoor recreation economy. See the attached Viewshed Analysis.
the Asphalt plant on the dsl site should be denied as the underlying DEQ and DNRC PErmits are under three separate legal challenges
· Three Challenges - The mining permit where this asphalt plant is to be located is the subject of three separate legal challenges: the DEQ permit is under challenge at the Board of Environmental Review and Madison County District Court; the legality of the existing DNRC permit is under challenge; as well as the constitutionality of the DNRC process. A hearing on the constitutional challenge is scheduled for April 1, 2024 - the same day the proposed Asphalt Plant will be issued a permit and commence operation.
· Longstanding Violations— The DNRC has elected not to enforce many of the provisions of the existing permit with the gravel mine operator – why not? Given its lack of desire to enforce its permits, how can the public be assured that the DNRC will enforce the significant Federal and State requirements in the asphalt permit? The DNRC must resolve the legal issues with the existing permit before the new asphalt permit is issued.
Please voice your concerns and spread the word encouraging others to voice their own concerns about an Asphalt Plant in this environmentally sensitive area of Southwest Montana – our own backyard.
Together - We Can Protect the Madison Valley!