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Silver Gate Association is a newly formed local non-profit organization with the purpose of sustaining Silver Gate’s distinctive qualities. Silver Gate sits at the remote and beautiful northeast entrance to Yellowstone and is a quiet, log-built town in a spectacular mountain valley. This remarkable historical and natural heritage is worth sustaining and protecting-- that is our group’s purpose.
Our most immediate goal is to keep the Highway through our town safe for wildlife, pets and people, particularly as it is widened and straightened in the coming months. Currently, speeding motorists present a problem for our town and the Siver Gate Association is working to find creative ways of slowing motorists as they approach our town.
Details of our progress on this goal can be found in the updates that follow (organized chronologically beginning with the most recent entries):
Saturday, October 28, 2006
Members of the Silver Gate Association, Jay Schifferdecker and Laurie Hinck, met with Park County Commissioner Dick Murphy and other valley residents yesterday. Among the discussion topics was our application for a portion of Park County resort funds to plan for speed mitigation devices along Highway 212 through Silver Gate. Silver Gate residents also attended and voiced concern about roadway hazard.
Addressing concerns about the timing of our application, we discussed our ongoing contact with both the Highway project's manager (Greg Gifford, whose contact information follows) and with Steve Albert (Director of the Western Transportation Institute). The Western Transportation Institute has experience planning exactly this sort of project. The timing for those plans would be perfect, should funds become available. Information on the Western Federal Institute's role in this project will be posted here as it is available. We also thanked all attendees for spending time on this imminent and vital community issue.
We provided Dick Murphy with additional copies of our Articles of Incorporation, with contact information for Steve Albert and with letters of support for our plans by residents of Silver Gate who are uniformly concerned with speeding motorists along the current and proposed Highway.
Questions about our proposal and be answered at (406) 838 2125 or jay@silvertipmountaincenter.com.
10/23/06:
Silvergate Association Update on HIGHWAY 212 construction project:
Below find Greg Gifford's reply to an email sent last week:
“Dear Greg:
I am a landowner along Highway 212 and understand you are in charge of the project to improve the Highway next year. I recently met with a number of Silver Gate residents and we realized that we lack some important information about the job. As your time permits, would you kindly provide answers to the following questions or provide resources where we might find them elsewhere? We certainly appreciate your time!
Questions:
What stage is the project in? :
The project is now in final design stage. We plan to have a complete contract package out early in 2007 for construction to begin in the summer of 2007. we are currently winding up our right-of-way acquisition for the project, as well. The project has also been “pre-advertised” for bidders to view the site before winter. The Pre-ad can be found at http://www.fbo.gov/spg/DOT/FHWA/WFL/DTFH70%2D07%2DB%2D00001/listing.html
Are the latest (last week’s) survey marks exact indications of the roadway’s boundaries? In particular, do the new yellow plastic survey markers embedded in the Highway represent the definite location of the new center line?: Yes, the yellow plastic survey markers represent the new centerline of the road. We are also slope staking for construction- red stakes, referencing the slope stakes- yellow stakes, setting clearing limits—blue stakes, and any right of way that is takes will have blue and white stakes. The clearing limits will define the extent of construction – which trees will be cut and the limits of topsoil removal.
Will the road be limited to 22 feet through the town of Silver Gate?: The road, as designed, has two 11-foot lanes for a 22-foot driving surface. It also has a 3 foot wide paved shoulders on each side. The total pavement width then is 28 feet.
How were landowners with property adjacent to the Highway compensated and on what basis? Right of way acquisition is a very complex subject. Here is the “short” version from MDT, who has been responsible for right of way acquisition for the project.
The acquisition function encompasses the process of buying private property and other lands. Simply stated the State appraises the parcels for fair market value. Compensation will be offered for a partial acquisition or a total acquisition depending on the need for additional right of way.
The following State and Federal Constitutional and Statutory provisions control the acquisition function:
1. State Law: The following State laws are applicable to the acquisition function:
a. Constitution of the State of Montana. Article II, Sections 17 and 29, address due process of law and eminent domain.
b. Montana Code Annotated (MCA). Title 60, Chapter 4, governs the Montana Department of Transportation’s (MDT’s) acquisition and disposition of Property; Title 70, Chapters 30 and 31, address the eminent domain code, relocation assistance and fair treatment of condemnees.
2. Federal Law. The following Federal laws are applicable to the acquisition function:
a. United State Constitution. The 4th and 5th Amendments address due process and the taking of private property for public use.
b. US Code Annotated. To ensure eligibility for Federal funding participation (Federal aid) in any phase of transportation project, property acquisition activities must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) (49 United States Code Part 24), as amended. The Act requires:
• a reasonable effort to expeditiously acquire property;
• an appraisal prior to acquisition, giving owners and opportunity to accompany the appraiser on inspection of the property;
• a written offer to the owner, with a summary of the basis of the determination of just compensation;
• a payment or deposit of just compensation prior to possession;
• no action to intentionally make in necessary for an owner to institute a legal action for compensation (inverse condemnation);
• an offer to acquire uneconomic remnants; and
• no duplication no payments.
Details about each requirement, including procedures, are contained in Title 23, Part 710 and in Title 79, Part 24 of the Code of Federal Regulations (CFR).
What agency will be in charge of the budget for signs?: I assume you mena the typical roadway signs such as speed limit and curve signs. If so, these are all part of the construction contract the Western Federal Lands Highway Division (WFLHD) will administer.
Where can we access the environmental review study and/or EIS?: An Environmental Assessment (EA) was prepared for this project back in the late 1990s. I am working on having the full text loaded to the project web site at http://www.wfl.fhwa.dot.gov/projects/beartooth/. This likely will not happen until later next week. If anything changes I’ll let you know.
Where is the construction site going to be? The project limits are the Yellowstone Entrance Station on the west and the east end of Cooke City where our last project began. If you are looking at stagin areas for the contractor, we have three—Woody Creek site located near the Cooke City Waste Transfer Station, the Old Pit on the south side of the road just east of Cooke City, and the Forest Service Adminsitartive site located near the quarry east of Cooke City.
When will Cooke City’s road be resurfaced? This contract is only addressing the Beartooth Highway. I suggest you contact Ed Hillman, the Park county Road Foreman at 406 222 4182 (road@parkcounty.org) for further information.
Thank you very much!
Laurie Hinck”
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SILVERGATE ASSOCIATION MEETING: 10/8/06:
MINUTES:
ATTENDEES:
Henry Finkbeiner
Pat Froleich
Don Froleich
Laurie Hinck
Laurie Lyman
Drew Morell
Jay Schifferdecker
Celene Wendt
Anne Whitbeck
GENERAL DISCUSSION TOPIC:
Silvergate Association has applied for a Park County grant to study and plan for streetscaping and/or pedestrian zones in the town of Silver Gate to accompany Highway 212 construction 2007-2008. Meeting was a brainstorming session for ideas to present a planner in order to prepare bid.
CONSENSUS AMONG ATTENDEES:
Slowing traffic through town will be desirable. Pedestrian zones would be beneficial. Entire group was unanimous that planning for safety and speed would be a valuable use of Park County Resort Tax Funds.
PRIORITY IDEALS for PLANNER to consider for bid:
* Path system (might start at NE gate go as far as Cooke City?)
* 25 speed limit adherence through town is crucial
* Keep Silvergate’s “cozy little town” character
Other ideas:
Keep road as small as possible?
Definitely limit to 22 feet wide or less
Sculpture
Formalize discussions and commitments from Highway Department
Build bridge-rise over trout stream to protect both sides of Highway
Moose and trout habitat need protection
Pull outs
Kiosk
Safe crossing plans for pedestrians (both direction traffic hazardous)
Crosswalk
Boardwalk
Trees lining highway
Landscaping
All planning must be snow plow/winter use friendly
Preserve habitat for all animals, respect vegetation and wet lands
Respect Residential areas between S.G. and Cooke City
Respect non-road/non-car ways of knowing, learning and experiencing S.G./surroundings (photography, wildlife watching, walking, access to services in addition to windshield tourism)
Work with all departments involved, we have united vision
Include Fish/Game, YNP, Feds and Forest Service?
Respect history of town as first planned community in MT since 30s
Respect smallness of town
Create sustainable economy out of highway for many generations
Solar lights?
Recognize S.G.’s role as gateway to BEARTOOTHS, respect greater regional qualities
SIGNS:
Must be visually positive (not “keep out” sort of signs)
no passing zone signs?
experimental highway line (European) differentiates space somehow in painted stripe
POSITIVES of the project:
Slow down traffic/safety
Make the town look nice with a nice impression for tourists
Improve look of entire area with united aesthetic vision
Protect beautiful area
Increase revenue tax dollars
IMPORTANT INFORMATION:
Project Manager: Greg Gifford, U.S. Department of Transportation, Federal Highway Administration, Western Federal Lands, Vancouver Washington, 98661, PHONE: 360 619 7622, FAX: 360 619 7846
Email: Greg.Gifford@fhwa.dot.gov
EMAIL SENT TO HIGHWAY PROJECT SUPERVISOR 10/8/06:
Newsletter information circulated
Paper copies of foregoing text available at STMC in Silvergate
“Dear Greg:
I am a landowner along Highway 212 and understand you are in charge of the project to improve the Highway next year. I recently met with a number of Silver Gate residents and we realized that we lack some important information about the job. As your time permits, would you kindly provide answers to the following questions or provide resources where we might find them elsewhere? We certainly appreciate your time!
Questions:
What stage is the project in?
Are the latest (last week’s) survey marks exact indications of the roadway’s boundaries? In particular, do the new yellow plastic survey markers embedded in the Highway represent the definite location of the new center line?
Will the road be limited to 22 feet through the town of Silver Gate?
How were landowners with property adjacent to the Highway compensated and on what basis?
What agency will be in charge of the budget for signs?
Where can we access the environmental review study and/or EIS?
Where is the construction site going to be?
When will Cooke City’s road be resurfaced?
Thank you very much!
Laurie Hinck”
Reply to this email to be posted to this web page
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