Bridge project still making waves

The Army Corps of Engineers has issued a cease and desist order over an access road built as part of the ongoing bridge construction to Dockstader Island in Flathead Lake.

The letter, dated May 11, refers to what appear to be platforms placed over part of the exposed lakebed over which the bridge is being built.

The bridge has generated controversy among residents living near Flathead Lake’s North Shore. Originally permitted by Flathead County in 2011, the bridge is being developed by landowners Jolene Dugan and Roger Sortino of Woodinville, Washington.

“Information we have indicates that earthen or gravel fill, and structural planking material acting as fill, was placed in Flathead Lake and adjacent wetlands,” the Corps letter states. “This action discharged dredged or fill material into jurisdictional waters of the United States.”

The letter does not specify any particular penalties for the unauthorized fill but notes that the developers could be “subject to substantial civil and criminal fines and penalties authorized under” the Clean Water Act.

The Corps said “a road approximately 15 feet wide to 30 feet wide and approximately 1,000 feet long was constructed in the waters of the U.S. without prior authorization.”

Todd Tillinger, the state program manager for the Corps, wrote the cease-and-desist letter.

Tillinger confirmed on May 7 that his office had sent staff to inspect the site but would not comment then on potential violations or associated actions against the developers. No permit has been granted by the Corps for the project.

“It’s a pretty high-profile site. We’ve been aware of various activities in that area for the last five, ten years,” Tillinger said at the time. “It seems like there’s been various plans to develop that part of the lakeshore for some time, and they’ve always been good with checking on what are the requirements of the regulations, what can we do that needs a permit and what can we do that doesn’t need a permit.”

Tillinger added that because the bridge itself is built on pilings, it may not require a wetlands permit, unlike the materials placed on the exposed lake bed.

Dave Hadden is the chairman of the Community Association for North Shore Protection and has been leading the fight against the bridge for years. He said he tipped off the federal agency to the violation but does not expect an immediate enforcement action.

“Unfortunately the Corps does not have the direct ability to cause him to cease and desist. So that means the developer can thumb his nose at everybody in the community and continue to build this offending bridge,” Hadden said Wednesday.

“All those tracks and deep ruts you see on the beach are not allowed, and the county is responsible for enforcing those kinds of actions. ... We contacted the county planning office yesterday and met with them, and protested that there was no enforcement.”

County planning technician George Farris said the county has not been contacted by the Corps and  he could not comment on the specifics of the project.

The bridge builders are required to provide a written response to the agency’s violation notice by May 26.

The response must include the location, dates, times and purpose of the unauthorized work, contractors and consultants that completed it, dimensions of the fill material and what measures and actions the developers took to mitigate the impacts of the construction on threatened bull trout and critical habitat, which includes Flathead Lake.

It also notes that “initial corrective measure should be implemented that include removal of all fill material placed without a permit and restoration of the affected areas to pre-project conditions.”

Reporter Samuel Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.