| 10/17/2006 9:17:00 AM | Email this article • Print this article | BLM expects an appeal on Over the
River decision
by Jason Starr
Mail Staff Writer
Whichever way the Bureau of Land Management rules on the Over the River project, the issue will likely end up in appeals court, BLM Field Manager Roy Masinton told Chaffee County Commissioners Monday.
Masinton, delivering a report on BLM issues affecting Chaffee County during a work session in Salida, said both the artists and the opposition group are prepared to appeal if the BLM decision doesn't go their way.
"I anticipate, no matter what decision is made, we'll go to court on it," Masinton said.
Artists Christo and Jeane Claude are attempting to gain approval to stretch fabric over the Arkansas River in sections from Salida to Caņon City in a public art display. A group centered in Howard called Rags Over the Arkansas River is leading the opposition.
Although the project would only affect about 500 feet of property in Chaffee County, representatives from the county participate as a cooperating agency when the BLM holds meetings on the issue.
At the artists' request, the BLM changed course earlier this year and went from an environmental assessment of the project to a more comprehensive environmental impact statement. However, the environmental impact statement has not yet been initiated.
Masinton said the BLM is awaiting more detailed plans about the set-up, display and deconstruction of the project before proceeding. He also needs to hire a third-party contractor to conduct the EIS, which the artists will pay for.
"I've made no commitment to the artist or anybody as to whether we are going to allow this or not," Masinton said.
Another controversial Arkansas River issue Masinton discussed Monday involves the New Salida Ditch Company's ditch maintenance work last year.
After the ditch company reconstructed its headgate to prevent washouts north of Salida, river managers from the Arkansas Headwaters Recreation Area, local fishing outfitters and BLM land managers alerted federal regulators that they believed the work was illegal and would damage the fishery.
The U.S. Army Corps of Engineers later issued a violation notice and the ditch company agreed to a mitigation plan involving re-vegetation of the river bank. But that did not take care of the BLM's charge that the ditch company trespassed on BLM property during the maintenance work.
Masinton said discussions with the ditch company officials have stalled and he is prepared to issue a fine and a bill for BLM administration costs related to the issue.
He said the ditch company could avoid the fine and bill, which he indicated would be significant, if it applies for a right of way to encompass the work area.
"I'm hoping they will come to their senses and come in and file for a right of way," Masinton said. "They're going to try to call my bluff and I don't think they'll be very happy with the outcome."
Masinton also touched on fire suppression strategies during his report to the commissioners.
He alerted commissioners that the BLM would be requesting in their next operating agreement pre-authorization to fly up to three air tanker suppression routes over the county in the event of a major forest fire.
The state would pick up the tab for the first flight but the county would be charged for the second and third, Masinton said. The cost of two flights could reach $5,000.
Masinton said the air tankers would only be called out when fire conditions were severe, adding that fighting a fire from the air is the most effective way to control its early spread.
"Ultimately, I believe it saves the county a lot of money," he said.
The Arkansas River Travel Management Plan was also a topic of discussion Monday.
As part of the plan, for which the BLM is currently preparing an environmental assessment that should be ready for public review in February, the county will be asked to vacate a portion of CR 103.
The BLM would ask for vacation of the portion that bisects BLM land for about a half mile. The half-mile section from U.S. 50 to the BLM border would remain with the county.
Masinton said the BLM would likely close the road before where it currently dead-ends and create a trailhead area and parking lot.
In an unrelated matter commissioners reviewed a drainage study for the CR 110 area by Joe DeLuca of the Crabtree Group.
DeLuca recommended creating retention ponds and ditches to control drainage and sediment during heavy rain events. The area, southwest of Salida, is prone to washouts because of its steepness, sparse vegetation and poor soil quality.
Also needed to improve the situation are bigger drainage easements - ones that run directly into the Arkansas River - from property owners or future developers in the area.
"What you can do is very limited without private cooperation," DeLuca told commissioners.
New houses should be built one or two feet above the grade, he added. Several property owners on CR 110 spoke about how the runoff affects their assets.
"We need to continue to work with the property owners and implement what we can where we do have the easements," Commissioner Tim Glenn said.
In other business commissioners:
• Reviewed a request for a boundary line adjustment and a road vacation from Larry Hughes for property on CR 102 near the townsite of Cleora.
• Reviewed a request for a liquor store license renewal from Antero Wine and Spirits.
• Heard a report from Laurie Batchelder Adams about a solid waste management plan.
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