Cottonwood Pit Subjected to Extended Review

SEELEY LAKE – The Department of Environmental Quality subjected Deer Creek Excavating, LLC’s application for Opencut Mining Permit to extended review. They felt public comments received at the Nov. 2 public meeting indicated that substantial issues regarding groundwater and hours of operation were not adequately satisfied by the proposed Plan of Operation.

The proposed Cottonwood Pit is 26.5 acres located approximately four miles east of Seeley Lake in Powell County. Owner of Deer Creek Excavating Gary Lewis will be operating the pit.

DEQ’s notice of extended review outlined two substantial issues with the application:

1. Citizens identified that groundwater may be closer to the surface than identified in the permit application. The proposed plan does not appear to accurately or adequately identify or protect the quality and quantity of surface water and shallow ground water resources. Based on the proposed plan, it is unclear how the site will be mined without encountering groundwater.

2. Citizens identified that the hours of operation proposed in the Opencut permit do not coincide with the hours of operation required by the County Use Permit that was approved by Powell County.

Within 60 days DEQ will inspect the proposed site if the department determines an inspection is necessary and notify the applicant as to whether or not the application is acceptable. If the application is unacceptable, the notice must include a detailed explanation of deficiencies.

Within 30 days of receipt of the applicant’s response to identify the deficiencies, DEQ shall review the responses and notify the applicant as to whether or not the application is acceptable. If the application is unacceptable, the department shall notify the applicant in writing and include a detailed identification of the deficiencies.

DEQ may, for sufficient cause, extend either or both of the review periods for an additional 30 days if it notifies the applicant of the extension and gives the reason for extension prior to the end of the respective original period.

If the application is acceptable, DEQ shall issue a permit to the operator that entitles the operator to engage in the opencut operation on the land described in the application.