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Headlight Herald

TUESDAY, MARCH 28, 2023

TILLAMOOK, OREGON • WWW.TILLAMOOKHEADLIGHTHERALD.COM

VOL. 135, NO. 13 • $1.50

ODF reaches settlement in salmon suit Will Chappell Headlight Reporter

A

long running lawsuit against the Oregon Department of Forestry for the incidental take of coho Salmon in the Tillamook and Clatsop State Forests has been settled, with the department agreeing to increase buffers around streams in the forests and complete a road inventory. The lawsuit, brought by the Center for Biological Diversity, Cascadia Wildlands and the Native Fish Society, said that logging on steep slopes and road building activities had been harming coho salmon in the forests for years. “For too long the timber industry has treated our state forests like cash cows, without enough protection for fish or water quality,” said Amy Atwood, senior counsel at the Center for Biological Diversity. “The protections provided by the agreement aren’t everything we want, but they’ll go a long way toward recovering coho salmon on Oregon’s North Coast.” The settlement is part of the ongoing and contentious development of a habitat conservation plan (HCP) that is currently being undertaken

by ODF. The settlement’s requirements are included in the draft of the plan submitted to federal regulators for review and the settlement would be superseded by that document upon its passage. However, the HCP’s future remains murky after the January release of new harvest projections for a transitional implementation plan set to start in July came in well below current levels. Stakeholders with an economic interest in the forest believed that those figures would closely mirror those of the new HCP and have begun lobbying the board of forestry to reject the HCP and restart the process. The new settlement complicates that by immediately implementing several measures from the proposed HCP while simultaneously underscoring the legal jeopardy ODF faces without the document. HCPs allow entities like ODF to craft federally approved plans to protect endangered species under their purview, without which they are open to lawsuits like the one just settled. “This is an example of the kind of litigation that is a risk as long as we don’t have an

n See SALMON, Page A3

A series of landslides above the Kilchis River in the Star White Timber Sale resulted in the lawsuit brought by the Center for Biological Diversity and others. The suit claimed that forestry activities had contributed to slides like these and debris flows throughout the Tillamook and Clatsop State Forests, harming coho salmon. Headlight photo by Will Chappell

Neighborhood tire storage ‘feud’ on East Beaver Creek settled by county commissioner action n East Beaver Creek Road in Cloverdale, a dispute between neighbors over excess tires, an illegal road approach and property access required intervention by the county government, incurring a five-figure bill and prompting threats of litigation. Scott Hunter, who lives with his mother at a property she owns on the road, ran afoul of his neighbors when he tried to reuse tires in several ways and installed an unpermitted road approach, all of which has now been removed by the county at a cost of more than $20,000. “It’s just a feud because of the neighbor, he wants that piece of land,” Hunter said, “he’s been harassing my mom for years over it.” Hunter’s mother Judith DeBrey has owned the picturesque 5.5-acre piece of property in south Tillamook County since 1981. The property is bisected by East Beaver Creek, with the 4 acres on which DeBrey’s house and Hunter’s trailer sit lying across the creek from the road, only accessible by a long, shared, dirt driveway. Hunter said that he has always been interested in building something on the 1.5-acre piece of the property that abuts the road across the creek from his mother’s house. In earlier years he had envisioned building a house, but more recently had set his sights on building a barn or workshop. The problem for Hunter is that the 1.5-acre parcel had no road approach and sits at the bottom of a steep bank below the roadway, making access difficult. When road crews were installing a bridge on East Beaver Creek Road in 2019, Hunter asked if they could give him the material from the old bridge to build a driveway for his property. Although that debris was spoken for, they agreed to give him

the material from a similar project the next year and work began on the road approach in 2020. Hunter did not have the permit required by the county to build the road approach and said that he was unaware of the need for such a permit. Hunter says that the contracted road crew stopped installing his driveway about halfway through the work and instead used the rest of the material to build a driveway for his neighbor. His neighbor, Jim Mahannah, has been the source of much consternation for Hunter since he purchased a property neighboring Hunter’s on East Beaver Creek Road in the late 2010s. Prior to the aborted construction of the road approach, Mahannah and Hunter had butted heads over the property access and Hunter’s use of

tires on his property. In September 2018, Hunter accessed his road-adjacent parcel through Mahannah’s property, believing that he had an easement to do so. While doing some work on the property, Hunter said that Mahannah called the sheriff and posted no-trespassing signs facing his property. Hunter waited for the sheriff’s deputy who responded to depart and claims that Mahannah’s wife gave him permission to leave via their property. However, a week later Hunter received a ticket for criminal trespass in the mail, which he eventually pleaded down to a misdemeanor, receiving 24 months on bench probation. In January of the next year,

A County Public Works crew removes tires from Scott Hunter’s property after the county found Hunter in noncompliance for tire storage and issues with a road approach to his property. Photo by Will Chappell

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Will Chappell Headlight Reporter

AUG. 27 & 28, 2016 AUG. 27 & 28, 20 Hillsboro AUG. 27 & 28, 2016 AUG. 27 & 28, 20 AUG. 27 & 28, 2016 AUG. 27 & 28, 2016 AUG. 27 & 28, 20 H21748


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