State: 3 subdivisions broke the law

Department of Environmental Quality says Kalispell areas violated water-quality standards

Montana has cited three western Kalispell subdivisions for allowing soil to erode into the nearby Bowser and Spring creeks.

Subdivision representatives are tackling fix-it measures, the state said.

In early March, the state Department of Environmental Quality sent letters to the Bowser Creek Estates, Blue Heron and Cottonwood Park subdivisions, saying they violated the state's water-quality law.

February snow and rain washed a significant amount of topsoil from those subdivisions into the creeks and an unnamed tributary of Bowser Creek, said Edward Coleman, complaint management section chief at the department.

The silty soil settles to the creek bottoms or is flushed downstream into Ashley Creek, then into the Flathead River and Flathead Lake - carrying nutrients such as nitrogen and phosphorus that help algae grow.

The creeks are fall spawning-grounds for eastern brook trout, which nest in the gravel creek bottoms.

The silt plugs up the water-filled opening in the gravel, cutting off oxygen and food to the eggs and newly hatched fish. The silt prevents wastes from being carried away, and the baby fish cannot escape from the gravel surrounding their nests if silt blocks all the passages.

A permanent way to block this erosion is to plant vegetation. The grass and leaves dissipate the energy from rain striking the ground, and the roots help hold the topsoil in place.

Temporary measures in unplanted fields include setting up finely meshed plastic fences - "silt fences" - to trap dirt while allowing water through, or building a barrier of straw bales. Berms can be used to direct the flow of water along the surface.

Subdivisions served with notices have 30 days to begin fixing the problems. The fixes can include obtaining stormwater discharge permits for construction and setting up the appropriate barriers.

Coleman said the Bowser Creek subdivision has applied for the appropriate permits, and the other two subdivisions are taking other remedial measures.

If violations continue, the state can take action through administrative or judicial courts. Maximum fines are $10,000 per violation per day in administrative courts, and $25,000 per violation per day in judicial courts.

The state tries to help builders handle the problems before considering penalties, Coleman said.

"The goal is to better the environment and to educate the public," he said.

Meanwhile, the city of Kalispell is reviewing its stormwater management planning and working on a new plan to address that issue.

Reporter John Stang may be reached at 758-4429 or by e-mail at jstang@dailyinterlake.com