Tutvedt gravel pit reopens

A West Valley gravel pit can reopen after a favorable ruling Tuesday by District Judge Kitty Curtis.

The ruling does not grant pit owner Bruce Tutvedt and the Tutvedt Family Partnership the ability to resume gravel mining - which requires a conditional use permit - but whatever previously was extracted may be hauled out of the pit.

Curtis wrote that the conditional use of gravel extraction under the West Valley Neighborhood Plan includes the hauling of gravel lying on the top of the ground at a previously authorized extraction site.

"There is no authority provided to the court for a determination that the hauling of a gravel or similar material from one's property requires a conditional use permit," the ruling states.

Tutvedt said that he has about 100,000 cubic yards of gravel - about a year's worth - ready for hauling.

"We always felt like if we got to a fair, honest venue that we'd prevail," Tutvedt said.

Gravel hauling likely will begin today. The pit is near the intersection of Farm to Market Road and Church Drive.

To resume gravel extraction, Tutvedt must go through another conditional use permit process. He is scheduled to go before the West Valley land use committee July 29 and before the county's Board of Adjustment on Aug. 5.

The pit had been operating since spring 2007 until the original permit granted by the county and the Montana Department of Environmental Quality was revoked after a Jan. 3 decision by the Montana Supreme Court that ruled the Board of Adjustment had abused its discretion in granting the permit.

The high court also found that because of a provision in Flathead County's zoning regulations, the West Valley Neighborhood Plan was regulatory. Ambiguous language in the plan concerning "extractive industries" led the court to rule that the permit was in violation of the plan.

Flathead County Planning and Zoning Director Jeff Harris, in response to the ruling, wrote a letter to Tutvedt on Feb. 5, saying that all activity at his pit must stop until a neiw permit is granted.

The state environmental agency also declared that the permit was void on March 11. A letter from DEQ to Tutvedt stated: "This means you do not have the legal right to conduct further mining or mining-related activities at this site under your DEQ Opencut Mining Permit."

Curtis, however, said there was significant question about whether or not Harris was correct in his determination that the conditional use permit was void.

Attorney Roger Sullivan, who represented the plaintiff, Flathead Citizens for Quality Growth, was not available for comment.

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com