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Covering the Bitterroot Valley – “Where Montana Begins!” – Established 1985 – Locally Owned & Independent
Find the latest updates and information on the COVID-19 pandemic at www.bitterrootstar.com Volume XXXVI, Number 16
In Dale’s memory
t s e B e h ‘T
’ ! l a c o L at
Bakery Opening
SOON! Stevensville . 529-3157
www.bitterrootstar.com
Wednesday, November 4, 2020
Bitterroot Forest Travel Plan ruling upheld on appeal By Michael Howell
Last Thursday the Friends of the Lee Metcalf National Wildlife Refuge gave a $2,000 donation to the Bitterroot Youth Expo in honor of recently deceased wilderness advocate, author and publisher Dale Burk. On hand for the donation ceremony were Karen Zumwalt, Education and Outreach Coordinator for the Teller Wildlife Refuge; Fred Upchurch, President of the Ravalli County Fish and Wildlife Association; Paul Hayes, President of the Friends of the Lee Metcalf Wildlife Refuge; Tom Powers, founder and coordinator of the Bitterroot Youth Expo; Rachel Burk, daughter of Dale Burk and owner of Stoneydale Press; and Dave Harlacher, past president of the RCFWA. Michael Howell photo.
Youth Expo receives memorial grant
Last Thursday at the Lee Metcalf National Wildlife Refuge, representatives of the Bitterroot Youth Conservation & Education Expo, a community sponsored program which introduces young people to the wonders of nature and the value of exploring the great outdoors, accepted a $2,000 donation from the Friends of the Lee Metcalf
National Wildlife Refuge. The gift was made in honor of recently deceased wilderness advocate, author and publisher Dale Burk. “My dad would be completely honored,” said Burk’s daughter Rachel Burk. “Anything that had to do with youth was extremely important to him, and for Tom [Powers] to keep this going and for Friends of the Lee Metcalf National Wildlife Refuge to make this donation would be
very important to him.” Paul Hayes, of the Friends of the Refuge, said it started about three years ago when Powers came to them and told them about the Youth Expo idea. “Dale was the first one to pipe up, saying, ‘We’ve got to help’,” said Friends president Paul Hayes. He said Burk made a motion to give them $2,000, not only that year, but every year. Started in 2013, this year’s
As the COVID-19 pandemic continues to cause fear and uncertainty, Samaritan’s Purse is calling on churches and families to pack more shoebox gifts than ever before for Operation Christmas Child—making sure millions of children experience the Good News and great joy of the holiday. Samaritan’s Purse is committed to its mission of reaching millions of children across the globe with hope. “Much of the world has been gripped with fear, and this is especially hard for children,” said Franklin Graham, president of Samaritan’s Purse. “Now more than ever, these boys and girls
need to know God loves them. Operation Christmas Child delivers the hope found only in Jesus Christ.” The Samaritan’s Purse project has been collecting and delivering shoebox gifts—filled with school supplies, hygiene items and fun toys—to children worldwide for more than two decades. This is a mission project that everyone can still be a part of, even with COVID-19 restrictions. Simply pack shoeboxes with school supplies, hygiene items and fun toys. Then, bring them to one of more than 4,000 Drop-Off Locations during National Collection Week Nov. 16-23. Drop-Off Locations
will be listed starting in early November at samaritanspurse.org and can be searched by city or ZIP code. Even if churches and groups are not yet meeting, families are encouraged to pack shoebox gifts at home. Through Operation Christmas Child’s network of thousands of churches around the world, God uses these simple gifts to make an eternal impact. The organization also offers an option to virtually pack a shoebox gift. Through this online tool, churches and groups can also set up a goal page to rally
Santa will lead a parade of decorated vehicles through the downtown on Friday, December 4, the traditional First Friday holiday event in Stevensville. Although there will be no personal visits with Santa this year, there will be extended hours with open houses and sales at local businesses. Decorated trees will be on display for ‘people’s choice’ voting. A2Z Personnel is sponsoring contests that will encourage residents to stay in Stevensville and to interact with businesses in a safe way. Participating businesses will be decorating Christmas trees and/or their windows. (Trees will be provided). These will be voted on by the public. Prizes will be awarded. Later in the season, the
trees will be available for sale in an online auction, with all proceeds going to the Civic Club. Residents can participate in a yard decorating contest which will also be voted on by the public and will have prizes awarded. An added event will be a food drive sponsored by the Bitterroot Star to benefit Pantry Partners food bank. Anyone interested in participating in the contests can contact A2Z Personnel, 7771662. Entry forms will also be printed in an upcoming edition of the Bitterroot Star. For parade information, contact Joan Prather, Civic Club President, 531-8401.
By Michael Howell
Youth Expo would have been the 8th annual Youth Expo, but the event was cancelled due to the COVID-19 pandemic. Paul said when the Expo was cancelled this year, they thought it would still be nice to give them the donation and the board agreed to do it in memory of Burk. Tom Powers, who was instrumental in getting the Expo See MEMORIAL, page 8
In a memorandum filed on October 27, the 9th Circuit Court of Appeals affirmed the 2018 decision by U.S. District Court Judge Dana Christianson upholding the Bitterroot National Forest Travel Plan against a challenge from the Bitterroot Ridge Runners Snowmobile Club and other motorized and mechanized users. The six recreation groups argued in their lawsuit that the prohibition against the use of motorized mechanized vehicles in two Wilderness Study Areas (WSAs) and two Recommended Wilderness Areas (RWAs) was arbitrary and capricious under the Administrative Procedures Act and in violation of various organic statutes. “The district court granted summary judgment in favor of the Forest Service except for a narrow remand concerning restrictions on bicycles in the WSAs. We affirm,” wrote the Appellate Court. The Court made a strong statement about the “deferential” status it gives the Forest Service, in light of the Service’s expertise and discretion under the law. “We are particularly deferential when agency determinations involve a ‘high level of expertise’,” the Court wrote. The recreationists claimed in their suit that the decision was irrational because there was insufficient evidence in the record that
wilderness character in the WSAs and the RWAs has declined or is likely to decline. They point to limited data about past vehicle use and dispute the estimates of past use produced by economist Keith Stockman. They also point to three field studies that suggest wilderness character in the WSAs has not diminished. Finally, they argue that, even if vehicle use has increased, the Service incorrectly concluded that these uses have “impacts on the social and biotic environment.” The Court of Appeals, on the contrary, found “the agency rationally concluded that vehicle uses in WSAs and RWAs ‘impacted the social and biotic environment’. The agency’s decision was reasonable and based on objective evidence.” The Court notes that the Final Environmental Impact Statement included almost 80 pages of analysis of the impacts of motorized, mechanized, and non-motorized recreation, and over 160 pages of analysis of their impacts on wildlife and stated, “Where the Service lacked data, ‘it [did] the best it [could] with the data it [had]’, exactly as this court has instructed.” The court also found the Forest Service justified in finding Stockman’s models of historical vehicle uses more reliable than the three field studies. The appellants claimed as See FOREST, page 4
Operation Christmas Child Stevi town council examines aims to reach millions this year council president’s conduct
See CHRISTMAS, page 8
By Michael Howell
The Stevensville Town Council held a “workshop” at its regular council meeting on October 22 in which it considered Council President Bob Michalson’s conduct in relation to the Town Council’s Code of Conduct. Mayor Brandon Dewey produced a memorandum for the Town Council in September outlining “a pattern of unprofessional and disruptive behavior” by Michalson, in his capacity as a Town Council member that has occurred since his return to the Council in January 2020.
The Mayor’s report is based on his investigation into allegations made against Michalson by Council members Jamie Devlin and Dempsey Vick. The charges, including code of conduct violations, ex-parte communications, and improper influence over an elected official, were first made against Michalson at a July 9, 2020 Town Council meeting in accordance with Robert’s Rules of Order. The report contains a timeline that includes dozens of emails, Facebook entries and other incidents, including a letter from a citizen and a resignation letter from a previous Town Clerk.
The summary of the report states that the above collection of interactions and statements by Michalson “at the least confirms that a culture of bullying and harassment exists because of Councilmember Michalson’s actions and behavior.” The Mayor found the volume of violations in just 6 to 7 months “significant” and that they “undoubtedly occurred based on the evidence submitted by the witnesses in each incident.” “At the most, this timeline reveals a pattern of behavior that is harmful to those both inside
citizens at the public meeting conducted on December 12, 2017.” The agency is asking specifically for information required to evaluate concerns that the proposed Plan of Operation does not adequately prove protection of the quality and quantity of the shallow groundwater resources that local residents use for drinking water and domestic needs. According to DEQ, the proposed plan does not adequately convey the interrelation of the pit hydrology to the neighboring Big Creek watershed. Nor does the proposed plan adequately address maintaining the conveyance of irrigation water through the ditches contained within the site or the interrelation of pit hydrology to the ditches.
The agency also notes that public comment identified cultural resources as potentially being impacted, as did the State Historic Preservation Office, and the DEQ archeologist. The agency also states that the proposed plan does not make adequate provision for noise impacts on nearby residential areas. Townsend was sent notice of these deficiencies on October 2 and given 30 days to respond. This additional extension provides an additional 30 days for a total deficiency review time of 60 days, meaning the information being requested is due by December 6, 2020 or DEQ will issue a Deficiency Notice on the application.
See STEVI, page 5
Stevensville holiday celebration Townsend gravel pit permit to look different this year process extended How to have a community celebration during a pandemic. That’s the challenge being addressed by the Stevensville Civic Club, and the executive committee has come up with a unique solution to address social distancing but still create a festive environment for citizens and encourage them to shop locally. First, rather than the traditional Parade of Lights and Living Nativity, which required folks to walk closely together and to gather in one group on Main Street, there will be a Vehicle Parade of Lights that will kick off some fun decorating contests of windows, yards, and trees and will culminate with an online benefit auction.
By Michael Howell
The Department of Environmental Quality has granted an additional 30-day extension to its review of Todd Townsend’s application for a gravel mining permit on property located near the intersection of Highway 93 and Bell Crossing Road in the Big Creek area. Townsend seeks a permit that will allow him to take out about 400,000 yards of gravel off of about 10 acres of land. It has been almost three years since the public meeting on this controversial proposal was held. DEQ is asking Townsend to provide further information about the project in order “to assess substantial issues identified by