Friday, January 27, 2012

Bear Canyon skirmishes unresolved

Governmental skirmishes in Bear Canyon over an obliterated road and an ensuing new trail has been ongoing for about five years and the issue still remains unresolved. Gallatin National Forest Supervisor Mary Erickson and Montana Department of Natural Resources and Conservation Director Mary Sexton sent the county a Jan. 4 letter seeking a solution to the issue. In 2006, the Forest Service “obliterated” the road and replaced it with a trail, the county has said. The trail runs through state land before entering federal ground and took the place of what the county says was its road. The state Department of Environmental Quality had called for the removal of a portion of the road, which the agency identified as a main cause of sediments entering Bear Creek. County officials have argued the feds had no legal right to remove the road, Chief Deputy County Attorney Chris Gray has said. The county has fielded numerous complaints that the new trail is too steep and too narrow for cross-country skiing, motorized use and moving cattle to summer pasture. The feds, the state and the county entered an agreement in May 2010 that called for meeting seven points that included the state granting an easement to U.S. Forest Service who would maintain the trail. The Forest Service would in turn grant an easement to the county for the entire trail to the Park County line as long as the county abandoned any “legal statues of any prior county road in Bear Canyon.” The feds and the state gave the county a Jan. 20 deadline to reply. In a Jan. 20 letter, the county basically said, thanks for calling, but no thanks...more

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