A private property owner plans to put a 20-acre subdivision on four old mining claims covering about 70 acres in the middle of Bureau of Land Management property west of Clancy.

Jack Frazier already has preliminary approval from the Jefferson County Commission for his subdivision, noted Mike Hoffman, assistant county planner and Joe Schmaus, Frazier's consultant. The only thing blocking the subdivision is approval from the BLM to widen and flatten a logging road that leads to the parcel.

The Sheep Mountain Road, which accesses the proposed subdivision, was created by the BLM for logging purposes. BLM officials say it's about 14 feet wide, with grades of 15 to 20 percent.

The county requires a 60-foot right of way, although the road itself would only be 24-feet wide, Hoffman said. Since fewer than 400 vehicle trips would use it to access the road, it doesn't need to be paved.

In addition, the county requires two ways in and out of a subdivision for safety purposes. But there are questions over the second proposed ingress/egress up Ohio Gulch, which ends at a locked gate on private property and is steeper and narrower than the Sheep Creek Road.

Schmaus said their engineers have looked over Sheep Creek Road, and think they can make it wider and drop the grades to the 11 percent maximum required by the county in hilly terrain. He added that the Ohio Gulch Road, which currently is little more than a jeep trail, would generally remain as it is and would only be used for emergency purposes.

Schmaus notes that Sheep Creek Road already is used by the public to access a nearby all-terrain vehicle play area on BLM property east of the subdivision.

"We are footing the bill for improving a road not only for the people in the subdivision but also for the others that use that public land," Schmaus said. "Right now the road is steep with a lot of blind corners, and we'll be making it safer."

Hoffman said it's up to the BLM to determine whether the road should be improved and widened. But as far as the width of that and Ohio Gulch Road are concerned, he's not sure if the Jefferson County Commission would allow for any deviations from county standards, especially in using Ohio Gulch only for emergency purposes.

"I doubt the county commission would entertain a variance on the road," Hoffman said. "We would want a second point of ingress and egress due to the subdivision density, location and the terrain. And whether or not the county accepts it as an emergency route only or not, I think they still would want the full-blown 60-foot right of way."

Since the proposed road involves public property, the BLM is putting together an Environmental Assessment to look at the potential impacts to wildlife and the surrounding lands in improving about 3 miles of road.

Rick Hotaling, BLM field manager in Butte, said that they'll either issue a "FONSI" -- a Finding of No Significant Impact -- or ask for a full-blown Environmental Impact Statement, which is a more in-depth study than the Environmental Assessment.

"It's definitely feasible, and we don't have a specific policy about whether we encourage or discourage it," Hotaling said. "It (Sheep Creek Road) is our road and we maintain it, but it's a recreation road and that's how we maintain it. Our assumption is you're not driving back there in a nice Lexus."

John Gatchell, conservation director for the Montana Wilderness Association, said that while federal agencies are required to provide access to private lands within public parcels, they're not obligated to provide two routes or a 60-foot right of way.

"The BLM doesn't have to grant two roads in just because a developer wants to do a subdivision," Gatchell said. "There's access in there now. The developer can't just demand whatever he wants out of public lands."

Mike Garrity, executive director for the Alliance for the Wild Rockies, adds that he has concerns over the impacts to wildlife if the road is improved and traffic increases.

"We want them to look at the cumulative affects of all this," Garrity said. "The next thing is the homeowners will complain about hunting next to the property, and that will get closed. It's one step after another.

"It's always real popular to sell private lands because they're next to public lands, and then those public lands become de facto private lands."

Hotaling said the BLM tried to purchase the four mining claims before the subdivision proposal was put forth, but never could put together a proposal in a timely manner.

Frazier added that people had the opportunity to comment on the proposed subdivision at public hearings held by Jefferson County and no one did.

"I'd say now that if anyone has heartburn over this, they should take some Maalox or whatever and just get over it," Frazier said. "It seems today as though a lot of people have a lot of things to say about something they really don't have anything to do with."

Submit comments, get more information

Written comments on the proposed improvements to Sheep Creek Road and Ohio Gulch should be submitted by April 13 to: BLM n Butte Field Office, ROW Application MTM-96439, 106 North Parkmont, Butte, MT 59701.

Comments also may be submitted electronically to kacree@blm.gov. Place ROW Application MTM-96439 in the subject line. To be considered, all comments must contain the name and address of the submitter.

More detailed information and a map is available by contacting Kelly Acree, Project Lead at the Butte Field Office, at 406/533-7621.

Reporter Eve Byron can be reached at 447-4076 or by e-mail at eve.byron@helenair.com.