Gravel pit expansion denied

The Flathead County commissioners unanimously and emphatically denied the proposed expansion of a West Glacier gravel pit Tuesday.

In fact, the commissioners' decision was so comprehensive that - barring a legal challenge or an amendment to the Middle Canyon zoning regulations - it prohibits any gravel extraction on the property, even from the small operation that's been there for several decades.

The mine and adjacent work area covers about eight acres, though it's only been permitted for two acres by the state. It's located at 1252 Belton Stage Road, just across the Middle Fork from Glacier National Park.

Testimony provided at previous public hearings indicates that the expansion from two to eight acres took place before current owner Robert Spoklie acquired the property in 2004.

Nevertheless, the expansion never was approved by the state or county. Consequently, the Flathead County Planning Office issued a zoning violation against the operation last year.

In response, Spoklie requested a major land-use permit that would allow the mine to expand to 24 acres.

The commissioners denied that application Tuesday, prompting loud applause from most of the 70 to 80 opponents who packed the hearing room.

During a public comment period immediately prior to the decision, three people spoke in favor of Spoklie's application, and more than 20 spoke against it.

Opponents raised a variety of concerns, but focused most of their comments on the pit's grandfathered status.

Given that the mine was in place before the Middle Canyon zoning was adopted in the early 1990s, it was able to operate as a grandfathered use, meaning it wasn't subject to the new regulations (though any expansion would have to comply with the zoning).

However, the mine only qualified as a nonconforming use as long as it stayed open. If it shut down for a construction season, it would lose its grandfathered status - it no longer would be a permitted use at this location and couldn't even resume operation, much less expand.

The former mine owners initially submitted paperwork to the state indicating that no mining activity had taken place there from 1995 to 2004. Spoklie, though, subsequently submitted amended reports - supported by affidavits from the previous owners and gravel haulers - that suggested some minimal gravel sales had continued every year.

Jack Tuholske, a Missoula attorney representing some of the opponents, urged the commissioners to "use common sense" when deciding which reports were more believable.

"The original reports were submitted by owners who had no agenda other than filing accurate reports," he said during Tuesday's public comment period. "The amended reports were filed by someone who had an agenda [to maintain the pit's grandfathered status]. Which are more credible?"

The Flathead County Zoning administrator and the Montana Department of Environmental Quality, which handles gravel mine permits for the state, both avoided addressing that question.

The commissioners, though, tackled it head-on and based their decision largely on this issue.

"We have annual reports from [the previous owner] where they took the trouble to hand-write, 'We've done nothing with this pit in the past year,'" noted Commissioner Joe Brenneman. "I think there's insignificant evidence that grandfathering exists."

Commissioner Gary Hall said he had a number of issues with the application, as well as "major heartburn with the fact that the Department of Environmental Quality admitted it issued its permit in error."

"We have to consider the health, safety and welfare of county residents, as well as the fact that this is at the entrance to Glacier National Park," he said. "But the grandfathering issue by itself is enough for me to deny this request."

The commissioners amended the findings of fact to say that "there is no basis for grandfathering" the existing gravel pit. They also denied the requested expansion.

In addition, they indicated that they want the state to start the reclamation process on this mine, and to do an environmental assessment of the property, because of questions about the type of materials that may have been dumped there over the years.

Ken Kalvig, Spoklie's attorney, could not be reached for comment regarding the likelihood of a legal challenge to the decision.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com.