State OKs $ for natural resource work in county
State officials have made their decisions on how part of a multi-million dollar settlement between them and W.R. Grace will be used in Lincoln County.
The state of Montana and the bankrupt company agreed to an $18.5 million settlement for cleanup of the mine site and for natural resource damage claims in 2023.
The settlement between Grace and the state was negotiated by both the Natural Resource Damage Program (NRDP) and the Department of Environmental Quality (DEQ). There were many components in the settlement agreement, but the $18.5 million in natural resource damages was negotiated by NRDP and use of the funds will be overseen by NRDP.
The rest of the settlement had to do with the cleanup of the mine site, and that was negotiated by DEQ and will be overseen by them.
In a prior news release, Gov. Greg Gianforte’s office and the DEQ said the money will be used to restore, replace and rehabilitate affected areas in the county. The DEQ also said that the settlement would resolve Grace’s liabilities to the department regarding hazardous or harmful substances.
The Libby Superfund Site was established by the federal government in 2002.
Locally, state officials held a meeting in Libby earlier this summer and accepted written comments suggesting how the money should be spent.
Nov. 4, the State of Montana Natural Resource Damage Program, acting on behalf of Gianforte as trustee, finalized the Libby Asbestos Operable Unit 3 Interim Restoration Plan.
The plan specifies how the State of Montana will use natural resource damage funds obtained by the state for injuries to natural resources resulting from Operable Unit 3, also known as the Rainy Creek mine site, of the Libby Asbestos Superfund Site. This includes early restoration actions selected to restore, replace, rehabilitate or acquire the equivalent of the injured resources.
The Natural Resource Damage Program recommended seven of the eight projects put forward following public comment and the meeting in Libby.
The one that wasn’t recommended was the Balsam Street Pedestrian Pathway. The Libby Park District sought $650,000 to build a sidewalk, curb and gutter along 1,300 feet of the street between Cabinet Avenue and Gallatin Street.
State officials said the cost outweighed the expected benefits, access to recreational areas was not ideal, it believed the City of Libby should be responsible for such work and no entity was identified as being responsible for the long-term operations and maintenance of the project.
Here’s a look at the seven projects which were approved.
Kootenai River Recreation Management Plan
Project sponsor Lincoln County sought $250,000 to, “develop a sustainable management plan and designate a route along the river as a nationally recognized water trail.”
The second phase of the project, costing $78,000, would improve the Kootenai Vista boat ramp. County officials described the gravel ramp and parking area as providing an exit point for boaters who don’t want to navigate more difficult portions of the river downstream. It also seeks to install a vault toilet.
The first phase of the project, costing $172,040, would be spent on planning, which includes public outreach, river mapping and collection of river use data.
The county would be responsible for operations and maintenance, including the vault toilet.
Flower Creek Waste Gravel Pile Removal
The Libby Park District sought $250,000 to remove the pile and install a parking area. The city of Libby will lead the project, which officials say would improve access to the Nordic ski facility, biathlon shooting range and Norgard trail.
The first phase of the project will include a hydrology study and exam of the pile to learn its contents, which will determine if the lot can be built without causing unacceptable risk to human health and the environment. The next phase would include pile removal and parking lot construction.
Improve Norgard Trailhead
The Libby Park District sought $110,000 to connect the trailhead to state Department of Natural Resources and Conservation property, which would provide a direct connection from Libby to the Snowshoe trail system.
The work includes a 40-foot by 80-foot paved parking lot at the Norgard trailhead, a head gate and vault toilet. A head gate at the junction of DNRC property would prevent unauthorized motorized traffic.
An easement is required on the private property where the trail would run to allow public access and maintenance access to the parking lot and trail. The grant also said an easement must be in place before work begins.
According to the project summary, trees have been cleared for the parking lot and connector trail. The vault toilet has been engineered and the vault has been set.
Lincoln County Park Manager
The Libby Park District sought $240,000 to hire a full-time park manager for four years. The manager’s duties will include leading development of 10 miles of non-motorized trail, finalizing the creation of a local swim pond, furthering development of 200 acres of recreational property in the Libby Port Area as well as managing new and existing rec projects and facilities in the park district.
The Natural Resource Damage Program stipulated a number of contingencies for the project, including:
The funding is guaranteed for two years, then it will be re-evaluated by considering success of the first two years, including what has been achieved.
Long term funding for the position will be available from the Community Recreation restricted fun beginning in 2029.
The manager would be expected to spend two-thirds of the time on recreational assets and one-third on maintenance.
Redband Trout Broodstock Development
Montana Fish, Wildlife and Parks sought $750,000 to build additional raceways at the Libby Field Station for developing native redband trout broodstock development to produce fish for recreational fishing as well as conservation and restoration.
Columbia River redband trout are a subspecies of rainbow trout native to the Kootenai River drainage in northwest Montana. FWP officials want to develop a broodstock of redband trout that can be used as a source population.
Genetically pure wlld redband trout collected from three Kootenai drainage tributaries are housed in two raceways at the Libby Field Station. More raceways will improve the capacity and create isolation from the hatchery system, allowing FWP to get redband trout from the wild that will be grown and spawned at the site. Fertilized eggs would then be taken to a different hatchery to supplement broodfish that will be used to grow live fish.
This is done to prevent the risk of spreading disease.
Libby Creek Restoration Feasibility Study Project
A member of the public sought $700,000 to restore the riparian corridor of Libby Creek, which was straightened, resulting in the loss and degradation of habitat for aquatic and terrestrial species.
The grant was reduced to $315,000 and will pay for a preliminary investigation into the feasibility study to determine if reconnecting the creek to its historic flood plain is possible, considering the potential contamination and ongoing actions at the Libby Ground Water Superfund Site.
According to Natural Resource Damage Program project manager Sydney Stewart, NRDP will be the lead for the Libby Creek feasibility study and it is in the process of hiring a contractor to get started on the work.
Restoration would need to consider potential soil and sediment contamination from the ground water and Libby Asbestos Superfund Site that includes OU 3 and 4.
The preliminary investigation would include working with stakeholders and agencies, such as the Environmental Protection Agency, Department of Environmental Quality, Lincoln County, International Paper, county Port Authority, U.S. Fish and Wildlife Service, tribes and landowners adjacent to Libby Creek.
The preliminary investigation will be split into two phases. One will include a review of existing data and begin coordinating with stakeholders.
The Natural Resource Damage Program would then re-evaluate the project to see if it should continue. The second phase may include more collection of information, groundwater and surface water monitoring.
Officials say the benefits of restoring Libby Creek merit the cost.
Parmenter Creek Fish Screen and Ditch Efficiency Evaluation
Montana Fish, Wildlife and Parks sought $75,000 to reduce the loss of fish on Parmenter Creek by installing a fish screen.
The lower seven-tenths of the creek is dry during most summers and it is a tributary to the Kootenai River that provides habitat for Columbia River redband trout and westslope cutthroat trout.
There are numerous existing water rights on Parmenter Creek with a single diversion that draws water via a headgate and conveyance ditch while all other users pump water from the creek.
FWP would work with those drawing water to install a fish screen to prevent the loss of fish.
The project would also evaluate ditch loss and seek agreements with water users to keep additional water in Parmenter Creek, which would maintain connection with the river and give resident and migrating fish more habitat.