DEER LODGE – At their public hearing July 12, the Powell County Planning Board denied Deer Creek Excavating, LLC’s request to revise Condition #3 in the Conditional Use Permit to allow the use of Evergreen Drive as a haul route for Double Arrow Ranch projects. The haul route for the Cottonwood Gravel Pit remains limited to Cottonwood Lakes Road and Evergreen Drive can only be used for emergency access.
Powell County Planner Carl Hamming said most of the same points were made. The Double Arrow Landowners Association Board voted 6-1 to enter into a road use agreement to use Evergreen Drive for Double Arrow Ranch projects. He said that the Planning Board approved the request to use Evergreen Drive as a haul route for Double Arrow Ranch projects in January 2018 with the stipulation that Missoula County, Double Arrow Land Owners Association and Deer Creek Excavating enter into a Road Use Agreement.
Hamming said the hope was something could be worked out between the DARLOA, Evergreen Drive residents and the Missoula County Commissioners where Powell County Planning Board and Planning Department didn’t have to be the ones stuck in the middle.
Following a public hearing May 10, the Missoula County Commissioners voted unanimously to not sign the Road Use Agreement on the recommendation of legal counsel. The commission was advised to not enter into a road use agreement because they don’t have the authority to restrict a private party from using a public road.
“This deal between two private parties about limiting the use of a public road didn’t seem legal to them so they put it back to Powell County,” said Hamming. “They also restated their position from 2017 that they wanted to see Evergreen Drive remain restricted to emergency access only.”
Hamming said the planning board was frustrated that the decision involving Missoula County residents, Missoula County landowners association and enforcement within Missoula County was back to them since they only have jurisdiction up to the Powell County border.
“The planning board members frankly said no matter what we do there are going to be unhappy people,” said Hamming. “It doesn’t look like there is going to be an compromise in this situation and why are we the ones deciding a Missoula County issue.”
The motion to deny the revision to Condition #3 passed with a 5-4 vote. The Planning Board president broke the tie.
“If something changes between the parties, the board, DARLOA, the residents up there, we are open for business if Deer Creek Excavating brings another request to revise,” said Hamming who added that it would have to go through the formal hearing process again if a request was made. “But as it states right now, the only haul route is Cottonwood Lakes Road.”
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