Feds order developer to remove road to construction site

A road built to the construction site of the Dockstader Island bridge must be removed in 60 days.

The U.S. Army Corps of Engineers recently sent a letter to developer Roger Sortino imposing a 60-day time line for the removal of the road, which was placed across wetlands on the north shore of Flathead Lake in Bigfork.  

The road in the Eagle Cove development on Holt Drive was built without a permit and was used to move heavy equipment and deliver concrete across the wetlands to the bridge construction site near Dockstader Island, according to Dave Hadden of the Community Association for North Shore Conservation.

The conservation organization has sued the Flathead County commissioners over the project, alleging that the commissioners did not abide by Montana’s lakeshore protection regulations in granting the permit to Sortino to build the bridge.

The 491-foot bridge spans from Sortino’s property on the north shore, out to his island.

Sortino and daughter Jolene Dugan were issued a permit to build and bridge and a dock on their property Holt Drive in Bigfork in March 2011.

The project has been cited with three violations. Two violations were from the Army Corps of Engineers for constructing a road that put fill in the lakeshore protection zone without a permit, and for placing fill in the wetlands without a permit. The Corps issued a cease and desist order until the situation was remedied.

Flathead County issued a violation for the “rutting, gouging, and slicing of the lakebed” that was caused by construction machinery, which violated their existing permit. The bridge originally exceeded its permitted length by about 100 feet, when during construction the developer determined that the bridge would not reach from the north shore to the island.

The Community Association for North Shore Conservation will argue its case in district court against the Flathead County commissioners next May.

Dave Hadden, of the organization, said no part of the road was ever permitted, and the gravel section remains, despite an earlier order by the Corps to “cease and desist” using the road and ordering its removal.

“It’s clear that the developer knew the road required a permit and appears to have chosen not to get one,” he said. “Again and again, this developer has flaunted the rules with which everyone else in Flathead County must comply. We look forward to the Corps enforcing the rules and ensuring the road is removed and the wetlands restored to their critical function of keeping Flathead Lake waters clean and providing habitat for wildlife.”

“We’re looking forward to our day in court,” said Don Murray, attorney for organization, said. “Flathead County violated Montana’s Lakeshore Protection Act and its own lakeshore protection rules. We think that CANSC, acting on behalf of the people of this state, is entitled to summary judgment.” CANSC seeks to have the March 2011 permit declared invalid and have the bridge removed. The Montana Lakeshore Protection Act provides for restoration of Montana’s lakeshores damaged by inappropriate and unlawful development, according to Murray.