Neighbors not happy with subdivision, but DEQ says developer following law

By CHRIS PETERSON

Hungry Horse News

Members of a rural Columbia Falls homeowners association are raising concerns about a subdivision near Meadow Lake Resort, but the developer says it’s following state law and the state Department of Environmental Quality agrees.

At issue is open space and drainage ponds associated with the Tamarack Meadows subdivision which is just east of Garnier Creek. Along Garnier Creek or adjacent to it, are several homes, all on large lots in the woods.

The homeowners say the drainage ponds for Tamarack Meadows are too close to Garnier Creek and what they assumed would stay a treed open space has now been cleared to make way for the ponds.

But Nathan Malmin, vice president of operations for Schellinger Construction, which is building the subdivision, said the ponds are well away from the creek. The closest is 28 feet away from the high bank  of the creek, the other is 37 feet from the high bank and the third pond is even farther than that.

He said he sympathizes with the neighbors, but the subdivision is in compliance.

But Garnier Creek Estates resident and homeowners association president Paul Kruger, who has been spearheading an effort to oppose the ponds being close to the creek, said neighbors are unhappy.

For one, many objected to the subdivision when it was first approved by the city of Columbia Falls in 2022.

The subdivision calls for 103 units on 47 acres. By contrast, Garnier Creek Estates, where Kruger and his neighbors live, has homes on lots that are three acres or more apiece.

In addition, when the subdivision was approved there were conditions on the open space, Kruger notes.

To wit: “...The open space is dedicated in perpetuity; that the space is available for use by the general public, and that said space shall be owned and maintained by the Homeowners Association.  No vegetation can be removed in open space areas without approval by the Homeowners Assocation; and the buffer areas adjacent to Garnier Creek shall remain undeveloped and in a natural state.  Changes to the use and/or management of the common open space shall be approved by the Homeowners Association.”

Kruger, as well as his neighbors, interpreted that condition to mean no trees would be removed.

“We feel kind of duped by the process,” he said.

There has been quite a bit of clearing east of the creek, but none to the creek banks.

The state Department of Environmental Quality recently informed Kruger that Schellinger had complied with the law concerning the holding ponds.

“Based on my findings, I am closing this complaint as no violations of statute or rule under the regulatory authority of DEQ have been violated,” Susan Bawden a Environmental Enforcement Specialist for DEQ wrote to Kruger in an email on Nov. 4.

She also noted that the “undisturbed” portion of the pond area means after the development is completed. Currently, there are no homes at Tamarack Meadows, and thus, no homeowner’s association.

But Kruger and other neighbors have also filed a complaint with the City of Columbia Falls, Flathead County and the Flathead Conservation District.

The Conservation District oversees what’s known as the 310 law, which pertains to protection of streams and stream banks. That board is expected to examine this case at its Nov. 12 meeting. The meetings are open to the public.

Complicating matters is one of jurisdiction. While the City of Columbia Falls council approved the subdivision, it has since transferred jurisdiction of any development outside of its boundaries to the county, to comply with the Montana Land Use Planning Act.

So now the county has jurisdiction of the subdivision under the law.

Neither the county planning office or the city’s planning office returned calls seeking comment on the ponds.

The subdivision is actually an old one. It was first approved in 2006 and back then, few people lived near it. But the original developer dropped the plans and the land sat dormant for decades.