SEELEY LAKE – On Jan. 25, the Montana Department of Environmental Quality (DEQ) issued Opencut Mining Permit #2864 to Deer Creek Excavating, LLC for a 20-acre sand and gravel pit on 26.5 acres located approximately four miles east of Seeley Lake in Powell County. Owner of Deer Creek Excavating, LLC Gary Lewis looks forward to beginning operations at the Cottonwood Site this summer.
“We are pleased that the permit has been approved and we look forward to serving the community of Seeley Lake with our own gravel products,” said Lewis and his wife Cheryl.
On Nov. 9, 2016 Frank Tabish of LHC, Inc submitted a Conditional Use Permit (CUP) for the Cottonwood Site to the Powell County Planning Board. The Planning Board approved the CUP, with conditions, Feb. 9, 2017. On Aug. 17, 2017 the Planning Board approved the change of recipient and operator to Deer Creek Excavating, LLC.
On Nov. 2, 2017, the Department of Environmental Quality held its first public meeting to provide information and hear comments regarding the Opencut Mining Permit submitted by Deer Creek Excavating, LLC for the Cottonwood Site. After considering public comments submitted before, during and after the public meeting and in response to seven subsequent Deficiency Notices, DEQ issued the Opencut Mining Permit after they determined the revised application submitted Dec. 23, 2020 met all the requirements.
According to the permit, all permitted activities are allowed to operate Monday – Friday from 7 a.m. – 7 p.m. Mining will only be operational when the haul route, Cottonwood Lakes Road, is open and access to the pit is available. Cottonwood Lake Road, National Forest Service Road 477, is generally open to wheeled vehicles from May 1 – Dec. 1. However, this is dependent on road conditions and the Seeley Lake Ranger District Ranger determines exact dates.
The permit notes that active mining will not occur every year. When active mining occurs, material stockpiles will be created and material will be hauled from the stockpiles as needed when the pit is accessible.
The final reclamation date for the Cottonwood Site is December 2035.
The entire Opencut Mining Permit #2864 can be viewed at http://www.deq.mt.gov/Mining/opencut. Under the “Search Opencut Permits” tab, users should type “2864” into the “Opencut #” text field and click “Search.”
The Opencut Mining Act provides an option to appeal this decision. Specifically, Section 82-4-427(1), MCA indicates that:
• A person whose interests are, or may be, adversely affected by a final decision of the Department to approve a permit application and accompanying material is entitled to a hearing before the Board of Environmental Review (http://deq.mt.gov/DEQAdmin/ber).
• To do so, the person must submit to the board a written request stating the reasons for the appeal within 30 days of the Department’s decision.
• To be eligible to file for an appeal of a permit application that was noticed publicly, a person must have either: a) submitted comments to the Department on the application, or b) submitted comments at the public meeting.
“Although the permitting process has been rigorous, to say the least, we appreciate all of the support have received from the community,” the Lewises said. “We plan to operate the pit within all of the requirements set forth by the permit.”
For questions regarding the issuance of this permit, please contact the Opencut Mining Section at 406-444-4970 or DEQOpencut@mt.gov. If anyone is interested in discussing the specifics, they are welcome to contact Lewis at 406-677-4072.
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