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Acquistion of 3.74 acres along the Stillwater River north of Absarokee for a Fishing Access Site (FAS).
This is downstream from Absarokee just below Red Barn or Riverside bridge. PLAAI and PLAAI officers have been leading advocates for this project from it inception.
Funding for this acquisition has been completed through the Access Montana appropriations of the 2007 legislature and the Montana Fish and Wildlife Trust . A decision to move ahead with this project has been made by Gary Hammond, Rgional Supervisor of Fish Wildlife and Parks in Billings. The text of that approval letter follows:
NOTICE OF DECISION
Riverside Inn Fishing Access Site
June 24, 2008:
A Draft Environmental Assessment (EA) was prepared for acquisition of the Riverside Inn property on the Stillwater River for the purposes of a Fishing Access Site. The draft EA was circulated for 30 days and legal notices were published in the Billings Gazette, the Helena Independent Record, and the MFWP Website. Over 30 individuals attended a public meeting held in Columbus, Montana on May 12, 2008. A synopsis of public comment and our response is attached. Complete public comment is available from FWP upon request.
The property is proposed to be purchased through a combination of funding sources, including Access Montana ($410,000) and the Montana Fish and Wildlife Conservation Trust ($50,000).
Purchase of the Riverside Inn property will preserve a traditional, but contentious, access location at the old county bridge directly adjacent to the property, while providing for and helping to spread out public use of the Stillwater River. Further, acquisition of the property will help mitigate a long-standing problem of parking along the North Stillwater Road by river recreationists, which has created problems for local agricultural interests and other residents. If this property is not purchased by FWP, it will be difficult to find a replacement location that provides access that is below the mouth of Rosebud Creek, which contributes to late summer flows, and that is ideally located relative to adjacent upstream and downstream Fishing Access Sites.
After review of the wide range of public comments this proposal has generated, and considering our resources and ability to address concerns raised by both landowners and recreationists, as well as considering the significant public and local government support for this project, it is my recommendation to accept Alternative ‘B’ the preferred alternative, which is to acquire the property known as the Riverside Inn property from the Thompson family subject to final approval by the FWP Commission and the Land Board. The acquisition of the acreage adjacent to the Stillwater River will provide the public with an additional recreational site under the management of FWP along this popular river. The site is strategically located below the mouth of Rosebud Creek and between the Absaroka FAS (2.4 miles upstream) and the Whitebird FAS (6.1 miles downstream). This site will provide anglers additional opportunity for bank fishing and an additional put-in or take-out area on the river. The development component of this project is subject to appeal, which must be submitted to the FWP Director in writing, and postmarked within 30 days of the date on this decision notice. The appeal must specifically describe the basis for the appeal, explain how the appellant has previously commented to the department or participated in the decision-making process, and lay out how FWP might address the concerns in the appeal.
We will immediately demonstrate our commitment to provide for public use and consideration of local impacts through communication by: 1) meeting with neighbors to consider their concerns in finalizing our development plans; and 2) convene a working group of recreationists, landowners, commercial interests and other stakeholders to create a regular and open dialog about Stillwater River recreation issues.
If you have questions regarding this decision notice, please address them to me at ghammond@mt.gov or call me at 247-2951.
Sincerely,
Gary Hammond
Regional Supervisor
RIVERSIDE INN FAS ACQUISTION & DEVELOPMENT PROPOSAL
EA PUBLIC COMMENT SUMMARY
Public comment period: 4/30-5/30/2008
Public notices placed on state website, published in the Helena Independent Record (5/9/08) and the Billings Gazette (5/4/08, 5/11/08).
Article regarding proposal and meeting; Billings Gazette 5/13/08
Public meeting held; 5/12/08, Columbus, MT 7:00 – 9:00 pm
Ø 26 individuals signed in at the meeting
Ø 23 spoke including 5 identifying themselves as landowners, 3 outfitters/guides, 1 local businessperson, 6 groups, 2 public officials
Ø 14 spoke in favor, 6 of these were representing groups, 3 made suggestions
Ø 6 spoke in opposition, 3 made suggestions
Numerous telephone calls discussing proposal, primarily with neighbors and Roadhouse Ditch users.
Comments received in writing or via email included;
Ø 14 identified themselves as landowners including group of 6 Roadhouse ditch water users, 5 groups, 2 local businesspersons, 1 outfitter/guide, 2 public officials
Ø 15 wrote in support of the project
Ø 6 wrote in opposition (including ditch group)
Ø 1 was neutral to project but had suggestion for improving design
RESPONSE TO PUBLIC COMMENTS
IN SUPPORT OF PREFERRED ALTERNATIVE
Significant public comment on this proposal expressed support for FWP selecting the preferred alternative (Alternative ‘B’) because of:
· the existing parking problems on the north Stillwater road;
· it’s strategic location below the mouth of Rosebud Creek;
· it’s contribution to the local economy of adjacent communities;
· it’s ability to alleviate pressure on other FAS on the Stillwater River;
· the problems created for local ranchers and other local residents who use the road on a daily basis, and find parking along the county road to be obstructive at various times during the peak of the recreation season;
· Bathroom facilities provided at the site would help alleviate trespass issues and reduce “potty stops” in front of cabins and homes.
FWP agrees that the Riverside Inn FAS would represent a significant net benefit for many of the above-cited reasons submitted by the public at the Columbus public meeting and through written comments.
FUTURE OF THE PROPERTY IF NO ACTION ALTERNATIVE IS CHOSEN
If the no action alternative is selected, the property will likely be sold to a private individual, with a low likelihood for the public to enjoy access to the river at this location. Stillwater County, FWP, local ranchers and other local residents will continue to struggle with parking issues along the nearby North Stillwater Road. The conflicts will continue which will have a negative effect on relationships between the aforementioned, and will continue to challenge existing FAS in the area. Additionally, the presence of a FAS at this location will concentrate usage on a specific site that will receive regular maintenance as part of our existing region 5 FAS operation and maintenance responsibilities.
SITE MANAGEMENT
Public use will create litter, noise, and late night partying.
Our management goal will be a safe, clean site and to minimize impacts on neighbors. If issues arise or persist, we can use progressively more development or management to reach our goal. The site will be added to our regular maintenance schedule for the Stillwater that includes two visits per week during high use periods. The majority of FWP fishing access sites are managed on a pack it out/leave no trace approach without any garbage service provided. This places the responsibility on recreationists and prevents household garbage from being placed in garbage cans.
The site will be managed under the existing FWP public use regulations. Overnight camping will be prohibited. Vehicles will be restricted to developed roads and parking areas.
DEVELOPMENT SUGGESTIONS
There were a number of development suggestions made during the public comment period.
We will go with a 24-foot road to meet county road standards wherever possible. Our intention is to retain as much of the existing vegetation to provide noise and dust control. We will consider either a paved surface or to utilize dust control on the roads and parking area. Dust control can be applied after construction as has been done on the North Stillwater Road. The suggestion of a berm planted with fir trees and location of the ramp will also be considered in the final design.
FWP will consult with both neighbors and MDOT on a final design including access following reconstruction of Highway 87. We will request MDOT consider the level of public use at this site in their final design including a level paved pull off and a turning lane.
ENFORCEMENT ISSUES
How will FWP ensure that public and / or private properties are not subjected to crime and vandalism?
FWP wardens have law enforcement responsibilities on a broad landscape; however, FWP lands receive an increased department and law enforcement presence. The Region 5 Enforcement Division has 9 field wardens, 9 ex-officio wardens, two warden sergeants, and a warden captain that proactively patrol and are available for call-out. The law enforcement officers from the Region 5 Enforcement Division staff regularly communicate and work with the Stillwater County Sheriff’s Office (SCSO). The SCSO has historically been responsive to Fish, Wildlife, and Parks enforcement concerns; both proactively and when immediate warden response is unavailable. FWP and SCSO have worked cooperatively on traffic and parking issues on the nearby north Stillwater Road. Damage to private or public property will be subject to penalties as per criminal statute MCA 45-6-101. Criminal mischief (1) A person commits the offense of criminal mischief if the person knowingly or purposely: (a) injures, damages, or destroys any property of another or public property without consent; or (b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use.
WEED MANAGEMENT
How does FWP plan to address management of weeds to ensure that weeds are not spread to neighboring properties?
Weeds will be managed under the auspices of the FWP Statewide Integrated Noxious Weed Management Plan. The plan guides the agency’s annual $600,000 noxious weed management program including $34,168.64 in Region Five. FWP’s noxious weed management efforts target exotic plant species capable of harming native plant communities and making land unfit for agriculture, forestry, livestock, wildlife, and other beneficial uses. We have a long sucessful partnership with Stillwater County in weed management on our sites utilizing a combination of contracted chemical spraying and in house resources for integrated weed management. We would continue that on this property.
Currently, the property has limited Canadian thistle distributed on portions of the property. If the Proposed Action is selected, and a successful sale completed, FWP would assess the property for weeds, and initiate an integrated weed management plan. Weed management will involve using techniques that will have minimal impacts to fish and wildlife habitat.
PROPERTY VALUE
The asking price for this property is exceedingly high, and is not a good investment for FWP.
When FWP began to work on this acquisition in 2007, the property was listed for sale at a price of $675,000. In the summer 2007, FWP hired The Appraisal Group of Billings to research and provide a compilation of recent riverfront sales in Stillwater County. The resulting report listed a number of sales of properties with similar characteristics to the Thompson property. Four properties in the size range of 1 to 5 acres on the Stillwater River sold for between $177,500 (no house) and $610,000 (high quality house/improvements). All of these sales occurred between August 2006 to June 2007.
FWP also confirmed a nearby sale on the Stillwater River a few miles north of the subject property where a one-acre riverfront property, including a house valued at about $100,000, sold for $385,000 in August 2007. This sale seemed to be the most comparable to the Thompson property, except for the additional acreage at the Thompson property (3.7 acres versus 1 acre). This property’s list price was $429,000.
Based on these sales, FWP negotiated a purchase agreement with the Thompson family to buy their land, excluding the house and a 1-acre lot, for the price of $335,000. When the family subsequently decided not to keep the house, FWP determined that owning the entire property would have significant management benefits, as well as allowing future FWP administrative use of the house itself. As a result, FWP negotiated to purchase the entire property, including the house, for the amount of $460,000. We believe this purchase price represents a fair market value for the Thompson property, and note that the sale price is 32% below the property’s original listed price.
EASEMENT
The access road to the property is a county road. In addition, an exchange of right of way with the adjoining neighbor will remain attached to the property.
TAXES
FWP makes payment in lieu of taxes for Fishing Access Sites.
UNLIMITED PUBLIC USE
The Stillwater cannot handle the extra pressure this site would allow.
The addition of this FAS will initially result in a redistribution of existing usage that occurs on this portion of the Stillwater River. Public usage in the future will likely continue to increase regardless of this purchase and development. Recreational use of the Stillwater River will present challenges relative to crowding, resource damage, and a potential change in the quality of the experience on this river. There will be continuing discussions relative to user conflicts and resource issues, and a working group involving local residents, agriculturalists, recreational users, and state and local government will provide input into future management decisions on the river. Fish, Wildlife and Parks does have the authority to manage level of river use and the working group will consider this.
Additionally, overnight camping will not be allowed on the site, which should alleviate some pressure on the site. Additionally, there will be a limited number of parking sites that will be available at the site; thereby limiting some of the crowding that could otherwise occur.
THE ROADHOUSE DITCH IS A LIABILITY TO USERS AND ACQUISTION OF THE PROPERTY CREATES LIABILITY FOR THE DITCH OWNERS
There is always some potential risk associated with recreation near a watercourse. Appropriate signage will be placed to alert site users to some of the potential hazards that may be present at the site. Signage will be placed at designated intervals along the Roadhouse Ditch alerting users that the ditch is off-limits to public use. Additionally, FWP will work with a ditch representative to discuss methods to prevent trash and litter from leaving the site via the existing ditch.
FISHERIES
Recent estimates indicate that fish populations are improving in the Stillwater River near Absarokee. To quote from a recent report: “… the total trout population in the Absarokee Section increased from 2003 to 2005 (3371/mi to 4483/mi). Brown trout numbers remained relatively constant from 2003-2004, with slight shifts in the abundance of different age classes, while rainbows, particularly age-1 and age-2 fish, increased substantially. Total trout biomass for the site is the greatest it has been since sampling was initiated in 1992.”
If continued monitoring indicates that fish populations are decreasing and that fishing pressure is responsible, we will recommend that regulations be made more restrictive. The current regulations are already restricted for trout, allowing only 2 fish, one over 13 inches, in the entire Stillwater River drainage.
Need and Benefits
The Stillwater River has been a popular destination for years for anglers, floaters and other recreationists due to its beautiful whitewater, good fishery and its proximity to the population center of Billings. It also has been developed for summer cabins along many parts of its length, starting in the 1960’s. Recently, the pace of development has increased with not just seasonal cabins but also numerous sub-divisions and expansion of the small communities of Absarokee, Fishtail, Luther and Columbus. This change in both land use and recreation demand has increased the need for public access and recreation management along the Stillwater River. Conflicts have occurred between recreationists and residents, with increased pressure on traditional access points with little developed facilities, such as roadsides and bridge crossings.
The location of this proposed action, called Riverside Inn in recognition of the old Riverside Inn, is approximately 1.5 miles north of the City of Absarokee. At this point, the North Stillwater Road leaves State Highway 78, crosses and then parallels the Stillwater River on the north (or west) side upstream to the Johnson and Spring Creek Bridges. The Absaroka FAS, at Johnson Bridge, serves as a popular access point. In 2007, an agreement between FWP, Stillwater County, the Stillwater County Conservation District and a private landowner improved parking and reduced conflicts near Johnson Bridge. Below Johnson Bridge, Rosebud Creek enters the Stillwater, adding substantially to its flows. During a normal water year, floating above the Rosebud is difficult and restricts the ability to enjoy fishing and floating down to the next public access at Whitebird FAS, 7.2 miles below the mouth of the Rosebud and approximately 8.5 miles below Absaroka FAS.
The Montana Department of Transportation (MDOT) replaced the Riverside Bridge in 2004. The location of the new bridge is a short distance upstream from the original bridge’s location in order to improve line of sight distances and to widen the county road. (See Appendix A for location map.)
The new bridge affected a traditional location for access to the river. At the location of the original bridge, the general public could access the Stillwater River via land next to the bridge’s embankments. The design of the new bridge limits access to the river with no parking along the road’s margins and difficult physical access along the restricted right-of-way. The old bridge right of way on the north side was abandoned and the south side, although still part of the county road system, now ends at the river. Currently, the general public wanting to fish or float has very limited parking options that can at times cause safety hazards and conflicts with adjacent homeowners when driveways are blocked.
The proposed project by Montana Fish, Wildlife & Parks (FWP) to acquire 3.74 acres adjoining the old county road and develop a graveled parking area and vault latrine will eliminate the congestion and safety hazards produced by recreationalists accessing the Stillwater River at the old bridge site. Additionally, the site will provide an intermediate access between FWP Absaroka and Whitebird Fishing Access Sites (FAS), 2.4 miles upstream and 6.1 miles downstream, respectively. The location of the proposed new FAS would accommodate those floaters who want to enjoy a shorter float than traveling the entire distance between the two existing FWP FAS’s as well as provide other fishing and floating options up or downstream.
Based on annual visitor statistics for similar fishing access sites along the Stillwater River (i.e. Fireman’s Point FAS), it is possible the new Riverside FAS could receive 20,000 visits a year.
Existing Environment
The acreage identified for the new FAS is the former Riverside Inn property, located approximately 1.5 miles north of Absarokee on the river side of Hwy 87. The parcel is primarily a grass field with cottonwood trees of various ages along its’ northern, eastern, and western borders. The Roadhouse irrigation ditch, which cuts through the southern third of the property, is active in the spring and summer seasons. It too has some cottonwoods along its edges.
Initially, the current owners desired to retain the home and a small portion of the land surrounding for a seasonal residence. They have subsequently decided to sell the entire parcel including the residence, which includes the house, garage, concrete storage building and yard area.
Proposed Development
The anticipated development of the FAS by FWP would include construction of a graveled access road, a parking area with approxomately 16 single-vehicle and 15 double-vehicle parking spaces, as well as a designated launch area and installation of a vault toilet and signage. See Appendix A for a Concept Plan. Funding is available to complete the majority of these improvements during 2008.
Initial development would retain the house. The house was originally a portion of the Riverside Inn. According to the State Historic Preservation Office, although the building is over 50 years old and has historic elements, the integrity of the structure has been altered to the point where it no longer represents the historic events which it is associated with.Options for the house include removal, utilization for administrative purposes such as housing for the area fisheries biologist or seasonal staff, the potential for a rental cabin for recreationists or a combination of these.
The preliminary design locates the access road to the recreation area as entering the property from the old county road instead of Hwy 87. MDOT is in final planning stages to reconstruct the portion of Hwy 87 next to the proposed FAS which will substantially change the alignment and raise the roadbed approximately ten feet. FWP is working with MDOT on both pre- and post-construction designs to best fit with the exisiting and new roadways and will consult with adjoining neighbors on the same. The highway construction is tentatively planned for 2010, depending on funding, resolving ROW issues and other road priorities.
Maintenance
The new FAS is expected to require routine maintance for the vault toilet, litter removal, and weed control. The regional office located in Billings would provide management and required maintenance of this site. Maintenance of the house, garage and other exisiting developments would depend on their retention and purpose. Use as a rental would provide opportunities for revenue to assist in maintenance. |
