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Mr. Jenkins confirmed that he had spoken with Mr. McGrail about his request for a scenic easement, but said that he and his brother, who also has an interest in the land, had not gotten together to speak again about the easement. He said that Mr. McGrail’s suggestion was the first he had heard of the idea, adding that he already has a right-of-way to the property.
Mr. Jenkins also disagreed with Mr. McGrail’s characterization of the crossing as a ford. He said that following heavy rains last year, parts of Route 632 were washed out, and a portion of the river diverted naturally and began flowing down through his road, creating a double channel and encroaching on his property.
He said that he had not been up to see the property since the logging began, “but if what I think happened, they just corrected the course from the storm.” The road had sunk from years of use, making it a low spot in relation to the river. “I guess they just built it up.”
He added that he plans to visit the property this weekend, and hoped that would give him a better idea of what had happened.
“What it comes down to,” Mr. McGrail concluded, “is that I’ve protected it when I’ve owned it; the state passed legislation and they should protect it.”
The motive is not money, Mr. McGrail stressed. “I’ve got no axe to grind with Tom Jenkins. I just want what I took care of for 20 years to be taken care of by someone else — and it’s not happening.”
He added that the state officials “have gone out of their way” to assist with the problem, and assured him that they will monitor the situation to be sure it is corrected. “I just don’t think they have any authority.”
For his part, Mr. McGrail concluded, he has decided that litigation against Mr. Jenkins may be the only way to stop the operation. “I just don’t think that putting it back is going to solve the problem; or continuing to drive trucks up and down, especially if they just put all this loose (dirt) back in here again. I think that the thing for me to do is to try and attempt to stop it.”
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