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DEQ Issues Permit for Opencut Gravel Pit in Yellowstone County

Permitted Under the pre- HB 599 Opencut Law

  • Moira Davin
  • March 23 2023

HELENA—The Montana Department of Environmental Quality (DEQ) has issued an opencut mining permit for the Donnes site in Yellowstone County operated by Riverside Contracting, Inc. DEQ first received a permit application for the site in February of 2019 and held a public meeting in April of 2019. The opencut permitting process requires the applicant to provide more information or update the application if DEQ finds deficiencies. All deficiencies have now been addressed and the required reclamation bond has been posted. The applicant has satisfied the requirements to be issued a permit by DEQ.

The permit application process began prior to House Bill 599 taking effect in 2021 and the operator chose to have the permit remain under the prior law. House Bill 599 made changes to the public engagement process and removed DEQ’s authority under the Opencut Mining Act to require noise mitigation, place restrictions on hours of operation, and assess nearby water resources. Since the permit was reviewed under prior law, a water resources assessment for this site was completed to review potential impacts on hydrology, which included nearby streams, ditches, wetlands, groundwater and water rights.

Public comment was accepted and reviewed throughout the permitting process. As a result of public comments, issues related to water, wildlife, noise, visual impacts and hours of operation were revised in the permit. For example, if the Donnes pit temporarily operates outside of the typical hours stated in the permit, temporary extended hours would have to be published in the local newspaper, and the operator would be required to provide written notification to Yellowstone County Commissioners and residents within a half-mile of the site. Additional measures would also be implemented during night operations such as lights focused downward to minimize light pollution and reverse-activated strobe lights rather than beeping to minimize noise pollution. 

DEQ reviews opencut mining applications in accordance with the law. If the application meets the requirements of state law, a permit is issued. To view the permit, type #3077 into the ‘opencut #’ field on: https://searchopencutpermits.mt.gov/


Tags: Press Release and Opencut