Montana Contractors Association - Sand & Gravel Division - Frequently Asked Questions

Frequently Asked Questions

• Why are sand and gravel operations so important?

  Used for nearly every road and building in the world, aggregate–sand, gravel and crushed stone–is a critical component of our society and economy. Gravel is the foundation of growth and development, and a crucial resource in nearly all construction. Gravel is the base material under roads, buildings and parking lots, and the main ingredient in asphalt and concrete. Sand and gravel operations provide the material for infrastructure construction. To build and sustain a society, we simply must have sand and gravel resources.

• Where is gravel found?

  Gravel, as an extracted resource, is simply not found everywhere. In general, gravel is typically found in river valleys where the water table is high, and in alluvial floodplains along streams and in glacial deposits. Like any important resource it must be extracted where it is found, not "somewhere else" where people wish it was. Montana is no different.

• How much does local gravel cost?

  The cost of local gravel in Montana is normally about $4 to $5 per cubic yard, while imported gravel in some parts of the U.S. can cost up to $75 a yard. The cost of gravel, asphalt and concrete increases with every additional mile it must be transported. As more fuel is consumed and the price of diesel fuel continues to rise, substantial increases in costs can be expected if gravel operations are pushed further and further away from the communities they serve.

• Why must a gravel operation be located close to construction?

  It is important that sand and gravel sources be located close to where construction activity occurs. Longer haul distances to transport asphalt, concrete and base gravel result in dramatically higher prices to consumers/taxpayers which translates into additional heavy truck traffic that burns thousand of gallons of additional fuel, creating additional air pollution. Other negative effects include unnecessary wear and tear on taxpayer-funded roads and additional traffic disturbances in already congested communities.

• How much gravel is produced worldwide every year?

  Over 16 billion tons of aggregate are produced worldwide every year. Sand and gravel operations represent a major component of mining today.

• What are the environmental impacts of gravel operations?

  While opponents often allege gravel operations in populated areas are an environmental threat, the actual environmental impacts are more pronounced when we don't use the natural resources where they are found. The further hauling distances are, the more diesel fuel is consumed, and the more air pollution is created. Trucks and tires wear out faster, adding to the "carbon footprint" in the manufacture of replacements.
  
  In addition, greater hauling distances lead to faster deterioration of taxpayer funded public roads and bridges, which must be repaired/replaced more often, consuming even more resources. With the concerns over climate change, haul distance should be considered when weighing the politics, community impact and environmental impact of locating new gravel operations.

• How do gravel operations affect water quality?

  Opponents also cite water quality issues, which are in fact rare. The Montana Department of Environmental Quality performs thorough environmental reviews prior to issuing permits for gravel operations, assuring citizens of both the quality and quantity of water.

• In Montana, how much gravel do construction projects consume?

  Construction projects around Montana consume about 18 million cubic yards of gravel annually (more than one large truckload for every resident!), which must be extracted and processed in communities throughout the state. Gravel is the foundation of growth and development, and a crucial resource in all construction. Building and sustaining growth without cost effective means of obtaining this resource is extremely difficult.

• What are the rules regarding reclamation?

  Montana law requires gravel pit operators to reclaim mine sites within one year after mining activities have ceased. In addition, owners and operators are required to provide and maintain financial assurance in the form of a surety bond, to ensure that the reclamation activities will be accomplished after mining stops.

• Why is gravel important to Montana's growth?

  Communities throughout Montana are grappling with the emotional issue of where to site sand and gravel operations and the associated facilities that process asphalt and concrete. Until recently, gravel was simply a ubiquitous commodity that most people didn't give much thought to. But many Montana communities have experienced significant, rapid growth, resulting in consumption of massive quantities of sand and gravel. And because they are finite resources, there is a pressing need for additional sources of these critical building materials.

• What are the issues concerning gravel operations in the state?

  There are obvious opponents and proponents to sand and gravel operations. The intricacies of the issues are vast. Everything from zoning regulations, private property rights, reclamation standards, environmental impact assessments, growth policies, good neighbor practices, rising costs, sustainable development programs and others add to the complexity of the issue.
  
  Meeting construction needs while addressing concerns about human relations in the community is the goal. Proper reclamation of gravel sites for future use is also paramount. A delicate balancing act must occur. Regulation measures should be undertaken with a clear understanding of real impacts to public health and safety.

• How does growth and gravel factor together?

  Citizens expect and demand better roads, streets and highways. They want new freeway interchanges and ample parking. They want bike paths, swimming pools and skateboard parks. They want attractive subdivisions and affordable homes. All require huge volumes of gravel. If public officials deny gravel operations anywhere they are unwanted by neighbors, it stands to reason that gravel sources will no longer be located close to where the gravel, concrete and asphalt are actually needed. Therein is the crux of the issue.

• How do property rights weigh in on this issue?

  Landowners have rights to extract the value of resources on their property. Adjacent landowners also have rights to the peaceful enjoyment of their property. Balancing property rights of both is a constant challenge and the MCA works diligently to assist decision makers in developing appropriate policies.

• What about notices to the public about gravel operations?

  Adequate notice of proposed sand and gravel operations will allow local government and the public to comment on proposed sites and discuss the issues. Our Good Neighbor policy promoted this and we support laws that require it.

• Who has authority for regulation, the State DEQ or local governments?

  The State DEQ and local governments need clear lines of authority for regulation regarding land use. The rights and authority to impose conditions on and restrict gravel operations need to be clearly defined. Currently, the State DEQ has jurisdiction over environmental quality, permitting processes and compliance oversight. Local governments have jurisdiction over zoning and land use planning and can place additional restrictions on operations. It is imperative that these roles be clear and that they are not in conflict or duplicative.

• Who has zoning authority?

  Local government should have the authority for land use zoning and should have the right to zone appropriate locations for sand and gravel operations, now and in the future. In addition, landowners should have reasonable rights to protect their future right to mine and process gravel. Full disclosure of zoning would alert neighbors, potential buyers and residents that the land is zoned to allow for sand and gravel operations. MCA urges local governments to assist landowners in protecting their land rights and taking a proactive approach to land use planning.

• Who issues gravel operation permits?

  The Montana Department of Environmental Quality. In order to meet the growing needs for permitting of sand and gravel operations, the MDEQ needs adequate funding to perform environmental analysis and enforcement of on-site inspections. MCA supports time tables for processing permit applications that allow for adequate analysis and discussion, while addressing the critical time constraints of some construction projects.

• What are some of the end uses of reclaimed gravel operations?

  In Montana, sand and gravel operations are increasingly viewed as a temporary use to be followed by another land use that is compatible with the surrounding landscape. There are a variety of appropriate end uses for sand and gravel operations ranging from agricultural and forestry uses, fish and wildlife habitat, recreation areas, urban building sites to industrial development. In some cases, reclamation has been so successful that the sites are no longer recognizable as former gravel operations. Other sites can be found where unassisted, natural revegetation has successfully occurred. Most permit applicants provide a reclamation plan and in fact, some former gravel sites have been turned into community assets; Beavertail State Park on the Clark Fork River is one example.

• What is a Good Neighbor Policy?

  The Montana Contractors' Association, which represents most of the larger gravel producers in the state, has developed a Good Neighbor Policy that addresses the concerns most often expressed by local residents. We intend to raise the bar of performance by encouraging gravel operators to implement these policies and incorporate them into their legal permits. The Good Neighbor Policy deals with issues such as:
  
  - Dust
  - Noise
  - Visual impacts
  - Traffic safety
  - Hours of operation
  - Weed management
  - Notices to neighboring residents

• What Montana Laws govern sand and gravel operations?

  - Montana open cut mining laws regulate sand and gravel operations (MCA Title 82-Ch 4) and require guidelines for reclamation procedures (ARM Title 17-Ch 24).
  
  - Gravel operations are subject to the Montana Environmental Policy Act, which requires Montana Department of Environmental Quality to conduct environmental assessments on every proposed operation. The MDEQ also issues permits for all gravel operations which specify "conditions" under which they operate.
  
  - Local governments approve and oversee zoning and land use regulations that often result in additional "conditions" on gravel operations.