FRIENDS OF INDEPENDENCE LAKE ASK SIERRA COUNTY TO CLAIM ROAD
FRIENDS OF INDEPENDENCE
LAKE (FOIL) came in good numbers to the Sierra County Board of Supervisors meeting in Loyalton on Tuesday, July 16th to show new information about the road to Independence Lake. Spokesperson Kenny Osburn addressed the Board and talked about some misconceptions like, Independence Lake is NOT private; violating private property rights is NOT FOIL's intent; quiet recreation isn't for everyone; maintained road mileage is accurate; and new road alignment mileage is accurate.
Osburn introduced GIS (Geographic Information Systems) expert, Kyle Felker of Kyle Felker Consulting who was hired by FOIL to accurately map the Independence Lake Road based on Sierra County's documents. The project was used with a resource grade GPS (Global Positioning System) which is a mapping grade. GIS uses the GPS data and makes an analysis with it. The road is 4.6 miles long, with the Tahoe National Forest Boundary the only fixed point to go on which was made clear once Felker and Osburn found the USGS survey monuments and blaze marks where the bark had been shaved off of trees in the 1800's to mark the boundary.
According to Osburn and Felker, using these tools and the county's documents, show the road ends 18 inches west of the dam. The gate should be right on the dam.
In 1973 the County lost .05 of a mile on the road and no document shows where or why it was taken out. Osburn said he wanted to meet with Planning Director Tim Beals to go over the new data, and hoped to come to the meeting "holding hands" in agreement. But unfortunately that didn't happen and said it was frustrating Beals won't meet with him.
Osburn stated FOIL does care about the fish and AIS. Multiple members have been doing the inspections and received training. Osburn felt he had brought a pile of information and hoped the board would make a decision on this matter.
Board member, Jim Beard didn't want to continue to keep the road locked if the road ends past the gate and was willing to make a motion to this effect. Board member, Lee Adams argued the County has no idea if this is accurate, adding the Board needed time to look at the information and confirm its accuracy.
Chris Fichtel from the Nature Conservancy found the presentation "very interesting information." He stated, this information requires time for everybody and the gate is there due to County research, adding they haven't had the time to review the information.
Beals said he has had no time to process the information and compare it to what was presented two years ago. He said to take a motion today or a staff opinion is troubling. Beals had a number of questions including the progressive maintained mileage over time. He said a lot needs to be explained. Beals continued stating maintained mileage started in the 40's and 50's and all changes make a difference. Beals stated if this is a priority he'll have to put other things on hold as he doesn't have a "twin brother" and needs to have the resources or the time to look at this new information. County Counsel Jim Curtis added whatever is going to happen we need to get it right, stating the next step in this is likely to be litigation and the County does not have a deed to this road. Curtis further stated they are ascertaining this by historical use, but this is not the sole fact in the evidence.
He stated two outcomes: It is criminal to block a public road, but we also may have civil litigation. Curtis asked the Board its priorities in the county and is it worth the investment? Adams echoed County Counsel's sentiments calling it a complicated issue where neither side is right and neither side is wrong. He added some things can't be open all the time to be protected and Independence Lake may not be a priority to the majority of Sierra County when there are more pressing items to take precedence, like Sierra Brooks' water system. Adams concluded by stating he was getting to not like this lake, calling it "trouble," and "their middle east."
Supervisor Peter Huebner made the motion to have the issue go to the Public Works, Roads, and Solid Waste Committee which was approved unanimously.