Gravel Pit and SMA Dominate Discussion at Council Meeting

SEELEY LAKE - The Seeley Lake Community Council’s (SLCC) April 10 meeting covered a wide range of topics including the proposed gravel pit on Cottonwood Lakes Road and the Special Management Area (SMA) for septic systems in Seeley Lake.

Presentations on housing and economic growth as well as the Seeley Lake Trails Project were also heard. Missoula County’s newest Commissioner Dave Strohmaier shared what he has been working on the last few months and took questions from the public.

Cottonwood Gravel Pit

Gary Lewis presented on the gravel pit he has proposed on Cottonwood Lakes Road. The pit had originally been proposed by LHC inc. to provide gravel for this summer’s Highway 83 project.

Lewis said that the Conditional Use Permit (CUP) issued by Powell County has already been transferred to his company, Deer Creek Excavating. The Department of Environmental Quality (DEQ) permit is in the process of being resubmitted.

The United States Forest Service (USFS) and Lewis have been working on a road maintenance agreement on Cottonwood Lakes Road. There is an existing easement that allows for Lewis to use the road.

The maintenance agreement includes some improvements to Cottonwood Lakes Road. There will be a couple of turnouts constructed, site clearing to increase visibility around corners, dust control near houses and additional signage. In addition, funds will be collected to do bridge repairs and other maintenance.

Lewis was asked if his easement from the USFS was year round. Lewis said that winter access is possible if he obtains a permit from the USFS but he isn’t planning on attempting to at this time. USFS Lands Realty Specialist Ron Ewart said it would be a public process to open the road in the winter because it is currently under a seasonal closure.

Lewis later added that in the history of his pit near the north end of Boy Scout Road he has never operated during the winter months.

It was then asked if Lewis had access through another property onto North Canyon Drive. He said that he did purchase an easement that would give him access.

Lewis was asked if he would use Evergreen Drive to deliver gravel to customers on Double Arrow Ranch. There was some debate as to if Evergreen was a public road or private road and who could regulate it. Strohmaier said that Missoula County recommended to Powell County that it be limited to deliveries to Double Arrow Ranch and all other gravel be taken down Cottonwood Lakes Road.

Ewart noted that in the CUP, condition number three addressed the issue. The CUP that was issued to LHC says Evergreen Drive is only to be used for emergency vehicles. The CUP goes on to say, “Gravel trucks and vehicles for gravel product operations within the Double Arrow Ranch are restricted to accessing the Double Arrow Ranch development via Highway 83, south of Seeley Lake.”

In the original CUP application by LHC, an asphalt plant was included. Lewis was asked if he would be also doing that. He said that he left it in the permit but at this time he has no plans to do asphalt.

Lewis was asked what he was going to do to protect the environment around the pit. Lewis said his permit application from the DEQ could be found online for full details. The plan includes mitigating weeds and there are strict rules for dust control and asphalt plants. He doesn’t feel the pit will have a large impact on wildlife.

A resident on Evergreen expressed concerns that the pit was going to have a negative impact on their land value, water and the environment. Lewis said he didn’t think the pit is going to affect property values. He said the other gravel pit on the south side of Double Arrow hasn’t impacted land value around it.

Lewis said the water the pit uses will be handled internally and won’t pollute anyone’s water. He pointed to the history of the land saying that it had been “logged to death when Plum Creek owned it and it’s come back.”

Lewis is hoping to have the new gravel pit opened by mid summer.

Councilman Jack Greenwood said that the council would not be taking a stance on the pit because it is in Powell County.

Special Management Area (SMA)

Shannon Therriault and Jim Erven from the Missoula City-County Health Department came to explain the SMA dealing with Seeley’s septic systems.

Therriault said that in late 2010 or early 2011 the health department became aware that the Seeley Lake Sewer District test wells were at or near the standard (limits) for nitrates. One of the wells was above the standard.

“There was an existing state law that immediately was in effect once we knew that there was a groundwater violation or a violation of the groundwater standard for nitrate,” said Therriault. “That law required that we not permit any new or increased use in septic systems that would affect groundwater in that area.”

As soon as the health department found out about the nitrates, the law came into effect.

The health department started enforcing the law in 2011 but it wasn’t a written policy. They created the written policy as a SMA in the updated wastewater regulations in 2015.

The area of the SMA was drawn based on section lines according to Therriault. The county understands that there may be some area that was included that is not impacting the contaminated wells. It just means that they must consider it before issuing a septic permit.

The health department did not see the creation of the SMA as any change to the policy because it had been enforced since 2011.

Therriault explained that this does not mean someone cannot build inside the area, it just means that the landowner would have to show evidence that they would not contribute to the nitrate violations in the groundwater. Therriault acknowledged that there are some lots in town that cannot be built on until the groundwater problem is addressed.

Erven said they recently reviewed a proposed 30-lot subdivision on the north end of town, inside the SMA and the developer was able to prove they wouldn’t contribute to the groundwater problem.

Erven added that existing uses are still permitted and if a system fails, it can be replaced unless the county sees evidence that it was an illegal use to begin with.

This SMA is the minimum the health department must do.

“Frankly this whole time, Seeley was talking about sewer and sewer has solved the problem in a number of places in Missoula County that have nitrate issues,” said Therriault.

As long as Seeley Lake is working toward a sewer, the county is not taking any actions to fix the groundwater violation. Therriault is concerned that the sewer may not be coming

“If sewer isn’t the solution then we do have to look at how can we address the violations that exist,” said Therriault.

Council member Carrie Sokoloski said that when the county put the current septic permits online she noticed that a large part of town shows no permits. Permits started being issued in 1967 so in theory those systems are old and most likely to be a problem. She asked if the county has looked at addressing those systems.

Therriault said that issue is sometimes addressed when properties are sold and the county has discussed taking a more holistic and fair way to address those systems.

A member of the public asked why their neighbor was permitted to install rings instead of a drain field like she has.

Therriault explained that sometimes ring systems are the only solution but rarely does the county allow them now. That was not the case in the 1990s. She added that the ring systems don’t treat the water as well as standard drain fields.

Therriault said there are a number of ways to address the groundwater issue if not with a central sewer. If Seeley Lake does not get a sewer, there needs to be a community discussion on how to solve the problem.

“There are creative solutions out there. [If] you take an existing house that is putting 50mg/L [nitrate] into the ground from their septic system, you more than half that [with a system that treats nitrates], you can have two homes,” said Therriault.

Therriault said they will be looking at the status of the sewer later this year and would like to find some volunteers to brainstorm solutions. In the future the health department might do more assessment to see how large of an area the problem actually is.

Housing & Workforce Study

James Grunke from the Missoula Economic Partnership presented on two studies they are starting dealing with attainable housing and workforce in Missoula County. Grunke explained that “attainable housing” is different than “affordable housing.” “Attainable housing” looks at housing across the full price range, not just the lower price range.

The workforce study will look at availability of jobs and the economic conditions that exist for businesses to create jobs. The study will be two pronged with one looking at hard numbers such as unemployment while the other will involve talking to local people and businesses.

One of the biggest things area employers have regularly said is that there is a lack of workers. The study will examine if it is a lack of workers, lack of skills or some other underlying issue.

The goal of the workforce study is to document the current conditions and provide a tool for planning the future.

On the attainable housing side, they will examine what barriers are keeping the supply of housing from meeting the demand in the county. One member of the public pointed out that some builders refuse to work in Missoula County due to overregulation by the county.

The limited amount of private land in the Seeley Lake valley and the lack of a central sewer were also pointed out by citizens.

Seeley Lake Trails Survey

Jenny Rohrer and Dave Sharbono reminded people to fill out the Seeley Lake Trails Project survey. They have started to see the data come in from the survey and they are getting a lot of really useful comments and input.

All types of users, both motorized and non-motorized are encouraged to fill out the survey. The surveys can be found at a number of local businesses and online at crcmt.org/trails-project.

Commissioner Strohmaier

Missoula County Commissioner Strohmaier took office after winning the election last November. He said it is a goal of his to get around to all the community councils at least once and maybe twice a year.

Strohmaier is serving on several Missoula County boards and committees including the Parks and Trails Advisory Board, the bipartisan Elections Advisory Committee and the Local Emergency Planning Committee.

Strohmaier has been working on a few other projects since taking office as well. One project was to find a way to make replacing state cabin lease’s septic systems easier. Current state law requires cabin lease lots that are sold to go though a state septic review and a county septic review.

A simple change to the law would eliminate the bureaucracy. Senator Sue Malek carried the bill. It has passed the Senate and the House and is waiting for the governor to sign.

One issue that the commissioners are concerned with is failing infrastructure. With the loss of federal funding a few years ago they are trying to find ways to fund some of the worst issues. Spring runoff is damaging roads and bridges so the county is looking at what needs fixed first. He added that the bridge over the Clearwater on the south end of Boy Scout Road is showing its age and needs to be addressed sometime in the near future.

The commissioners are also looking at updating the zoning and building permitting process along with the county’s Community Wildfire Protection Plan.

Strohmaier was asked if there is any bond issues the commissioners are looking to put to voters. He said he thinks people are suffering a little bit of bond fatigue but that the only thing there is any talk of is another “open space” bond. He said the commissioners have not discussed it yet.

The next SLCC meeting is scheduled for May 8, 6 p.m. at the Seeley Lake Historical Museum & Visitors Center. Pizza and beverages will be provided starting at 5:30 p.m.