OUR STORY
We hope to provide quality campsites to backcountry enthusiasts with access to high lakes for fishing and small and large game for hunting. We would also like to accomodate amatuer prospectors in their quest for valuable minerals. The following statement explains a part of the struggle which has led to the delay in our plans...
Dear Editor, Washington Trails Association, Backcountry Horsemen of Washington, and the general public interested in using South Creek trail #401,
I understand your frustration with FS trail #401 being closed, through our family property, the past couple years. The decision to close the trail was not made lightly, with malice, or on a whim. The decision was mostly made due to theft, vandalism, and lack of privacy arising from the Crescent Fire.
Another reason for closing the trail was the Forest Service’s reaction to the proposal of establishing a campground resort on our property. They claimed that no commercial activity can occur because all guests would be required to access the property via the trail they built and maintain. THIS IS NOT THE CASE. Although they have maintained the trail, they did not build it. The Forest Service was created by Congress in 1905 and they have stated that they believe the trail to have been there prior to 1899. The survey notes filed, between 1899 and 1903, with the original mineral patents, clearly show two separate pathways entering the property. One of which is a footpath for through travel and the other being a Wagon Road as the right-of-way by necessity for the property. This Wagon Road is recognized on the maps found on the U.S.G.S. GIS website dated as far back as 1903.
We have documentation of the FS requesting permission to cross the property in 1962. That request was denied by my grandfather for his reasons. We have no knowledge of any other request being made at any time to cross the property for public use. The current route of trail #401 follows the path of the Wagon Road as it enters the property. Near the end of the Road, the trail was blazed, illegally, across the property to rejoin the original trail to the west of the property. The Fifth Amendment to the Constitution states clearly that no private property shall be taken for public use without just compensation, however exactly that is what has happened in this situation.
The proposal for the easement is to return public passage to the original footpath and not along the Wagon Road associated with accessing the property. The rerouting of trail #401 is essential in correcting a legal error.
Many efforts have been made by many parties to resolve this issue. With the help of the Backcountry Horsemen, negotiations were opened to find a solution. Intent to allow for an easement was established. Negotiations for just compensation were discussed. A survey of the land was conducted. Unfortunately, when I contacted the District Ranger for an update on the progress of necessary filings, I was told that it was low on the list of priorities.
I feel that it is important for me to make these things known because the closure of the trail has not decreased theft and vandalism, but has increased hostility towards myself and my family. There have been numerous and constant derogatory statements made in the voluntary registration box at the trailhead. These statements have made me realize there is still misguided bias established in the mindset of frustrated individuals.
I therefore call upon all of you reading this to make your opinion known regarding the level of priority that should be given to reopening trail #401.
If you feel that recreational opportunities should supersede Constitutional protections of private property, then let your voice be heard.
If you think private rights as protected by the Constitution are important, then let your voice be heard.
If you would like trail #401 to be given a higher level of priority, then let your voice be heard.
Here is a list of public servants that have authority to prioritize the reopening of trail #401:
Chris Furr, District Ranger, Methow Valley Ranger District (509) 996-4000
Karen Schroyer, Director, Forest Service region 6 (503) 808-2468
Randy Moore, Chief, National Forest service (202) 205-8439
Tom Vilsack, Secretary of Agriculture (202) 720-2791
Dan Newhouse, State Representative (202) 225-5816
Joe Biden, President of the USA (202) 456-1414
Sincerely,
____________________________________
Jack Cramer