For the last three weeks, concerned neighbors of the gravel pit proposed by JTL Group Inc. have asked the county commissioners to enact interim zoning to halt the industrial operation two miles north of Lolo along U.S. Highway 93.
To do so, the commissioners would have had to declare an “emergency.” Wednesday's decision appears to have taken the option off the table.
Last week, the commissioners agreed to discuss whether the situation lended itself to an emergency declaration.
Interim zoning maintains the status quo for up to one year, allowing the county to come up with a permanent zoning plan.
Time was a factor in this case as the public comment period on the open-cut gravel and mining permit pending before the state Department of Environmental Quality expires Dec. 21.
People on both sides of the issue packed the hearing room in the Missoula County Courthouse Annex on Wednesday, so the commissioners set aside an overflow room on the third floor of the building equipped with TV monitors.
In order to determine whether the situation elevated to a crisis, the commissioners would have to find fault in the state and local agencies that regulate air and water quality and traffic, said Deputy County Attorney James McCubbin.
Air and water quality and traffic were among the neighbors' primary concerns.
“You would have to find that there is basically a failure in the regulatory scheme,” said McCubbin, who added that “there's no point in enacting interim zoning if it's not going to stick.”
Commissioner Bill Carey said he heard no testimony from anyone Wednesday that would lead him to believe the state is not doing its job. Commissioner Jean Curtiss agreed.
“I have trouble connecting the dots,” Curtiss said.
Commissioner Larry Anderson concurred. “People have been aware of this ... so to suddenly come forward now ... ,” he said, trailing off then adding, “There's still adequate opportunity for public comment.”
Opportunity to comment on the state permitting process, that is. Not on interim zoning.
And that's exactly the neighbors' plan.
“It's the only battle we have left,” said Steve Taft, a Lolo resident.
Myra Shults, a land-use attorney who lives next to the site of the proposed gravel pit and who helped spur the neighbors into action, persisted even after the commissioners adjourned the meeting, approaching them to read sections straight from the state code.
Shults said she thinks the government is passing the buck.
The Department of Environmental Quality is going to adopt the permit because the land is not zoned, she said. So residents go to the county to zone, and the commissioners say it's not in their hands - go see DEQ.
“Government doesn't like to make the tough decisions,” she said. “Someone else is always responsible. We feel like we are getting the runaround.”
JTL general manager Dave Zinke said after the meeting that he is pleased with the decision, but acknowledged the long public process that still lies ahead.
“We are in compliance with the law and there are measures in place to regulate what we do,” he said.
JTL's plan calls for a temporary gravel pit and asphalt plant, among other things, which is to remain in operation throughout the duration of a state highway repaving project between Missoula and Lolo slated to begin this spring. The Montana Department of Transportation awarded JTL the contract in October.
However, the company may occupy the property longer - for up to 20 years - because of a lease worked out with landowner Ken Allen, a local developer.
The pit eventually will become a lake, around which Allen proposes to build high-end homes and condos.
Allen, who was in attendance Wednesday, said he is satisfied with the decision, but wasn't overly confident going into the meeting.
“You're always concerned, but the law's the law,” he said. “If you have the facts, then pound the facts. But if you don't have the facts, pound the table. And that's what's happening here. They are pounding the table.”
Pat O'Herren, director of Missoula County's Rural Initiatives office, said he spoke with DEQ officials and a final decision on JTL's gravel and mining permit isn't expected until the end of January or the start of February.
Reporter Chelsi Moy can be reached at 523-5260 or at Chelsi.Moy@missoulian.com.
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