By Michael Howell
Ravalli County Floodplain Administrator Brian Wilkinson has been investigating potential floodplain permitting violations at the Bitterroot River Lodge property south of Hamilton since late last summer.
Wilkinson wrote the property owners, TDJ Brothers No 2, LLC and Bensch Family, LLC, in August 2015 about potential floodplain permitting violations involving ponds, buildings and roads identified on aerial photos at the time and a violation notice was delivered to the manager of the lodge. After failing to get any response Wilkinson wrote a letter on October 30, 2015 to the attorney representing the property owners demanding a site visit.
Wilkinson said that a representative from the Army Corps of Engineers and DNRC accompanied him on the site visit in November where a number of potential violations of the floodplain regulations were observed. The list of potential violations included:
• Fill appears to have been placed within a channel.
• Several areas of built-up roadways, with fills in some areas approaching 10 feet of depth.
• Pond construction and expansion. Flow control structure at new walking bridge. Raised berm to construct pond.
• Addition to existing home located within floodway.
• Construction of new building in floodway (with new septic tanks).
• Construction of new home (outside of 2015 mapped floodplain). Appears that it may be constructed on unpermitted fill.
• Additions to existing barn.
Wilkinson refers to these as “potentially serious violations” that will require either obtaining “After the Fact” permits, which may include modifications; obtaining a variance; or removal of the offending elements. He asks the property owners to respond with a remediation plan that can meet the regulations or with a defense of their actions if they believe they are not offenses. He warned them that any actions taken to remove or remedy the possible violations would also require a Floodplain Permit.
Larry Schock of DNRC said that his office was currently working with the property owners over the issue of water rights for several ponds. According to Schock, back in 1992 the owner of the property did apply for water rights for several ponds. The permits were granted, but no notice of completion was ever filed. As a result, the water rights lapsed after a number of years. Schock said the lapse may have had to do with a change in ownership. He said the agency was working with the current owners to reinstate the water right for the ponds.
Wilkinson said that Floodplain Permits generally require all other permitting to be completed before they issue the Floodplain Permit. He said that he was willing to wait and see how the property owners deal with the Army Corps of Engineers’ and DNRC’s requirements before he acts.
“Things aren’t moving quickly,” said Wilkinson, “but they are moving. It will take some time, but the rules are what the rules are.”