Situated approximately 30 miles north of Missoula on the Flathead Indian Reservation, ARLEE offers breathtaking vistas of snow-covered mountains and a refreshing escape from Missoula’s winter inversions. This region not only serves as a habitat for a diverse range of wildlife but also acts as a passageway for them. Nestled off White Coyote Road, the Garden of One Thousand Buddhas draws inspiration from the serene ambiance of the valley, establishing itself as a hub for Buddhist education and cultural events.
However, residents living near the Buddhas are worried about a newly enacted state law that has relaxed regulations and expedited the public input process for a proposed open-pit gravel mine and asphalt plant located nearby.
Jim Coefield, president of a newly formed nonprofit called Friends of the Jocko, expressed his fondness for the uncomplicated nature of life in this region, our agricultural lifestyle, and the privilege of residing in a place with pristine air quality. He firmly believes that if the proposed changes are implemented, all these cherished aspects would be irreversibly lost.
Riverside Contracting submitted an application for a 20-year open-cut mining permit to the Montana Department of Environmental Quality in the spring of 2022. The permit pertains to over 150 acres of land located off White Coyote Road in the Jocko Valley.
The permit would grant the company permission to establish an asphalt plant, a gravel pit, and a gravel-crushing operation within the center of the valley.
The permit is pending approval by the DEQ. On Jan. 25, the agency announced it will accept public comment on a draft environmental assessment for the mine until Feb. 24. Comments can be submitted on the DEQ website or by mail.
Dan Walsh, the mining bureau chief of DEQ, stated in a press release that the community has shown a significant level of interest in this site.
Concerns have been raised by local residents regarding the potential effects on various aspects such as the environment, air quality, road traffic, safety issues, noise levels, dust control, light pollution, property devaluation, and the welfare of local wildlife. This includes threatened species like grizzly bears and bull trout.
In response to the permit and a new state law that allowed open-cut mines and processing facilities to start without a public hearing, concerned residents came together and established Friends of the Jocko. This nonprofit organization is committed to safeguarding the rights guaranteed by the constitution, which include a clean and healthy environment as well as public participation.
Coefield expressed that the environmental assessment, accompanied by a 30-day comment period, was an unexpected but appreciated achievement for them.
Despite this, Coefield expressed dissatisfaction with the current DEQ analysis, describing it as “very weak.” He expressed his hope that the agency would take into account the concerns raised by Friends of the Jocko.
Expressing her deep disappointment, Shelly Fyant, the ex-chair of the Confederated Salish and Kootenai Tribal Council, voiced her strong disapproval of the DEQ assessment.
According to Fyant, if a project that has a reckless impact on water, air, wildlife, birds, fish, and human health is casually disregarded as only causing temporary inconvenience or having minimal to no effect, it exemplifies the clash between capitalism and subsistence economies.
Until DEQ announced it would take public comment on the draft environmental assessment, residents were unable to formally share those concerns with the DEQ due to House Bill 599, a state law that passed during the 2021 Montana legislative session.
The implementation of HB 599 brought significant changes to the permit process of DEQ, effectively removing the chance for public hearings on these proposals. The law now mandates that only residents within a half-mile radius of occupied dwellings be notified about these proposals. Additionally, DEQ is no longer obligated to hold a public hearing unless more than half of the notified residents request one within 30 days of receiving the notification.
The bill brought about alterations in regulations governing site operations, permitting nocturnal mining activities while reducing safeguards for water and wildlife. Moreover, it consolidated tribal lands held under a tribal trust as a single landowner, instead of notifying all tribal members who jointly possess the land title.
Fyant expressed her disbelief at the lack of notification to a larger portion of the community, as the impact of the situation extends beyond those living within a half-mile radius. She emphasized the significance of the issue by highlighting that the water flows into the Jocko River, which is approximately a mile away from the school, thus raising concerns about potential air-quality problems that could affect the students.
Open-cut mines often reach depths that can affect the groundwater’s quality and quantity in the surrounding area. Furthermore, the operation of the mine and asphalt plant would require the use of heavy machinery and trucks, resulting in increased traffic on narrow residential roads and the dispersion of dust. The dust emitted by asphalt plants may contain silica, a harmful pollutant linked to lung diseases, as stated by the Centers for Disease Control and Prevention. Additionally, studies conducted by the Environmental Protection Agency indicate that asphalt plants are known to produce toxic air pollutants such as arsenic, cadmium, benzene, and formaldehyde.
Millions of dollars have been invested by the CSKT to restore the habitat for threatened bull trout in the Jocko River, which is drained by an aquifer beneath the site.
Fyant expressed concern that HB 599 completely stripped away the environmental safeguards that Montanans possess, despite the Montana Constitution explicitly guaranteeing the right to a clean and sustainable environment.
In the press release, DEQ stated that it conducted a comprehensive assessment of the application to ensure compliance with state law. The agency emphasized that its decisions are not influenced by the number of comments in favor or against the project, nor the frequency of certain issues or alternatives being raised.
The DEQ further mentioned that it would not be suitable to reject the permit since the applicant has successfully demonstrated adherence to all the necessary rules and regulations for approval.
The draft assessment evaluates the project area and surrounding land within a 1,000-foot radius. It relies on data obtained from Riverside’s Contracting’s permit application, on-site inspections, aerial photography, and maps.
Based on the assessment, the mine and other activities are expected to have an effect on the air quality, specifically in terms of odor and pollutants emitted by the asphalt plant. The impact on air quality is deemed to be minor by the DEQ, considering the commitments and certifications provided by the applicant. The assessment also acknowledges that there could be further impacts if equipment malfunctions occur.
The evaluation outlines the anticipated rise in traffic related to construction, the effects on the quality of life for nearby residents and the Garden of One Thousand Buddhas in terms of noise and air pollution, as well as the impact on wildlife and their habitats.
According to the assessment, it is expected that the project will not generate a substantial amount of new jobs as Riverside Contracting plans to utilize their current employees to staff the site.
Marvin Rehbein, the current property owner, is also the owner of Riverside Contracting and several other gravel pits across the state. No response was received from Riverside regarding a comment for this story.
DEQ has been requested by Friends of the Jocko for several months to organize a public hearing and perform an environmental analysis regarding the potential effects of the gravel and asphalt operations.
Elizabeth Reinhardt, a resident who lives adjacent to the proposed project and is a member of Friends of the Jocko, expressed her disappointment with the Department of Environmental Quality. She criticized their perspective, stating that they appear to prioritize the interests of the permit applicant over those of the public citizens.
The Jocko’s friends have enlisted the services of a law firm and hired a contractor to conduct water and air quality assessments. However, Coefield emphasized that the responsibility of researching should not fall on the residents.
Coefield explained that the responsibility lies with DEQ to take action, emphasizing that their role is simply to highlight the tasks that DEQ must undertake.
According to Coefield, HB 599 has provided an opportunity for gravel mining permits throughout the entire state. Additionally, Coefield mentioned that Friends of the Jocko is actively leading the effort to ensure greater public participation in the decision-making process regarding these proposals.
Throughout the entire process, it has been disheartening to observe that the Department of Environmental Quality has consistently prioritized representing the permit applicant rather than advocating for the public citizens.
Friends of the Jocko member Elizabeth Reinhardt
Coefield stated that they were taking the lead in this fight due to their early establishment. They have a recognized position in a court of law and are committed to thoroughly addressing all these matters.
Lake County commissioners, Friends of the Jocko, the CSKT Tribal Council, and several neighbors made a joint request for a public hearing. However, they were informed by the DEQ that the number of requests did not meet the required threshold outlined in HB 599, which is necessary for the mandatory conduct of a hearing.
Coefield expressed concern, stating, “In our opinion, the state did not reach out to a sufficient number of individuals. Those who should have been contacted were overlooked.”
DEQ held a meeting with the CSKT Tribal Council and the public after receiving a letter from the council in September, requesting a comprehensive analysis of the Montana Environmental Policy Act (MEPA) and a public gathering.
During the meeting, Chris Dorrington, the DEQ Director, mentioned that the department did not have plans for a formal public hearing. However, he emphasized that the department would appreciate receiving comments from the public.
The residents of Jocko Valley expressed concerns regarding whether DEQ had reached out to all eligible residents for notification and if the department had accurately recorded all the responses it had received.
At least three individuals, according to Fyant and Coefield, had submitted comments that were not included in the public information request submitted by Friends of the Jocko to DEQ.
During the meeting, DEQ affirmed that it is the duty of the project applicant to inform the public and collect any feedback. However, the agency admitted that it does not verify if the concerned parties are actually contacted as mandated by state law. Dorrington also mentioned that the current legislation does not take into account water, air quality, or material storage.
The DEQ informed Friends of the Jocko that a comment was rejected due to the commenter not having a registered address. It was discovered that this individual had relocated to a property within the half-mile area and had started constructing a house a few months earlier.
According to the application materials provided by Riverside, the proposed permit boundary is surrounded by 29 residences within a half-mile radius.
Instead of notifying individual tribal members who collectively own the land, Fyant mentioned that DEQ sent a notice to the tribe as a whole.
Fyant objected, stating, “It is incorrect to perceive the tribe as a single individual. The land is leased, and it is collectively owned by all 7,900 of us. Therefore, it should be distributed to everyone.”
Although the property is located on the Flathead Reservation, DEQ will ultimately have the final decision on the permit.
Reinhardt expressed their belief that the presence of a non-tribal business on the reservation, which exploits the environment, is inappropriate. They highlighted that the tribe was granted these lands indefinitely through the Hellgate Treaty, but this agreement has been repeatedly violated. Reinhardt found it particularly ironic that the state, rather than the tribe, holds the permit for this situation on the reservation.
Dorrington mentioned in his concluding remarks during the September meeting that DEQ would take into account the comments shared on that evening. Following this, DEQ extended an invitation to provide feedback on the preliminary environmental assessment.
As a Salish woman, Fyant expressed that safeguarding the land and the environment is an essential aspect of her responsibility.
Fyant expressed that according to our creation stories, the animals dedicatedly prepared the Earth for the arrival of human beings. They proclaimed that humans would possess the power of speech from that point forward. Fyant emphasized that it is our duty to advocate for those who cannot speak, and as a Salish woman, she takes this responsibility extremely seriously.
If necessary, Coefield’s organization plans to take the constitutional issues at play to court, in addition to addressing the environmental concerns.
Coefield expressed that in the event of going to court, their objective is to connect with impacted communities and organizations across the state. They believe that the efforts put forth in both their work and legal proceedings will play a significant role in shaping and defining the law in question.
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