Clear Creek "ROD" (Record of Decision) is out

NorCalBusa

Member #294
Uh huh.

452506
 

Butch

poseur
Staff member
Still closed... We get a 30 day appeal period. Then that is thrown out, then we can actually initiate a lawsuit. I think.

Six years have elapsed. It is criminal. I hope we can hold someone accountable...
 

Butch

poseur
Staff member
With the ROD out, what do we do next?
The AMA and other clients has appointed the BlueRibbon Coalition / BRC to be the lead national group to regarding administrative, legal, and legislative remedies at Clear Creek.
CORVA and others are participating, but I believe they too are watching the BRC to avoid duplicating efforts. I see nothing on the Friends of CCMA website.
This is a big legal task that I do not think any of us would want to shoulder the time and cost of.
Some would suggest… those that have "standing" due to their previous participation submit comments that outline their specific concerns with the ROD. Specifically the lack of opportunities for motorcycle riders should be highlighted.
Some say… One thing EVERYBODY can do, is write your California Congressional Representative and express your 1.) Anger 2.)Frustration 3.) and anything else you want to say without using swear words, threats, etc……….4.) VOTE in the Mid-terms for those that support responsible OHV recreation… And if you can, donate to the TPAC Fund, via Quiet Warrior/Don Amador at address...
Some suggest… attacking the EPA, and demanding an investigation by the Inspector General into the EPA tactics and conclusions.

If we want Clear Creek back, we all have to participate, not just rant on the internet. We all have ideas about what the best thing to do is.
I think the best things to do are
1. Personally contact my congress person and express how the corruption and fraud of the EPA and BLM pisses me off and how she has failed to represent me.
2. Personally contact my congress person and demand an investigation by the Inspector General into the EPA tactics and conclusions.
3. Personally contact my congress person and ask her what her position on Sam Farr’s CCRA bill is and demand that she support it.
4. Email other politicians.
5. Give money to BRC
6. Ask CORVA what else I can do
7. Hassle you guys.
My congressperson know who I am. I intend to make more noise and use you guys (voters) as leverage.
What do you guys suggest, and what do you intend to do?
 

Butch

poseur
Staff member
If you can and how to file an appeal

From Trailgal at CORVA:

To appeal send letters to:

Hollister Field Office 20 Hamilton Court Hollister, CA 95023 Attn: CCMA ROD Appeal

There should be two documents included.

1. Notice of Appeal: State that you are appealing the CCMA ROD, and state very clearly why you have standing to appeal. Recount how you have been involved in the process, and/or how you are personally affected by the implementation decisions in the ROD.

2. Statement of Reasons for Appeal: this is the place to write your comments. Stick to implementation strategies as noted in the ROD.

Send snail mail, certified & return receipt. You can send by email, but follow up with hard copy.

Now (because of Terry's questioning) the Hollister Field Office will not be going through all the comments, they will send them on to the office of the IBLA for determination of standing. But just as 5 of the 21 protest comments were dismissed for being opinion and commentary, the IBLA will be just as harsh a critic.

The only thing they will be more lenient on is the who has standing. Local landowners or business owners can appeal, even if they didn't comment on the EIS, but only on the implementation decisions, NOT the land use decisions.

This has been cleared with Hollister and the State Office head of NEPA regulations. We're all on the same page. Deadline: March 13th (really March 14th, but setting a goal of a day early will make sure it's postmarked on time).

Implementation strategies consists of the following:

Manage CCMA public lands as a Special Recreation Management Area (SRMA)

Limit visitor use in the Serpentine ACEC to one half-hour before sunrise to one half-hour after sunset (i.e. day use only), except at Jade Mill Campground.

Improve access and enhance facilities (i.e. routes, trails, designated camp sites, staging areas, etc.) to support non-motorized recreation opportunities at destinations with unique biological, natural and geologic features within CCMA.

Provide motorized access on designated routes in the Serpentine ACEC for highway-licensed vehicles only. Authorize motorized access in the Serpentine ACEC by permits only, and limit visitor use to 5 days/year for motorized activities.

Limit use for non-motorized activities to 12 days/year. Manage the Tucker and Cantua Zones with an emphasis on enhancing hunting opportunity and providing access for other non-motorized recreation opportunities. Improve access and enhance facilities (i.e. trails, designated camp sites, staging areas) to support non-motorized recreation opportunities in the Cantua Zone.

Acquire public access to BLM lands in the Tucker and Cantua Zones. Improve access for motorized vehicles to Condon Peak.

Provide a limited number of recreation facilities in the Tucker, Condon, and Cantua zones to meet increased recreation demand while protecting natural and cultural values and providing for public safety.

Continue outreach and education program to create public and visitor awareness of human health risks from exposure to airborne asbestos fibers in CCMA.

Provide recreation information such as maps, brochures, and educational opportunities to enhance visitors’ experience on BLM public lands. Incorporate the best available information concerning: asbestos health hazards, OHV use designations, fire prevention, BLM regulations, and natural resources of the area into educational materials and on all maps, brochures, and kiosks.

Cooperate with adjacent private landowners on land management activities to the extent possible. Maintain existing visitor use facilities outside the Serpentine ACEC, and mitigate human health risk from asbestos emissions inside the Serpentine ACEC through evaluation of dust suppression or surface hardening techniques.

Anything outside of the issues listed above are outside the scope of the appeal. Thanks to Bruce Whitcher for the list above! We're all working together.
 
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Butch

poseur
Staff member
ROD is out, appeal time is over

There is a lot of good stuff here, stolen from SBR. Thanks Andy, Dirtflea, etc
http://www.southbayriders.com/forums/threads/138067/

On Feb. 11, the California state director of the federal Bureau of Land Management signed the Record of Decision for the Clear Creek Management Area. Though the plan becomes effective immediately, the appeal period began simultaneously. The AMA supports H.R. 1776, the Clear Creek National Recreation Area and Conservation Act.

Currently, the BLM is limiting vehicle touring to five days a year and pedestrian activity to 12 days a year. The BLM says it may “reassess its decisions on access and vehicle travel in the Serpentine Area of Critical Environmental Concern if significant new information becomes available on human health risks from exposure to airborne asbestos fibers.”

The American Motorcyclist Association supports H.R. 1776, the Clear Creek National Recreation Area and Conservation Act, introduced by U.S. Rep. Sam Farr (D-Calif.) in May 2013. The bill would reopen the Clear Creek Management Area for recreational use and designate about 21,000 acres of BLM land adjacent to Clear Creek as the Joaquin Rocks Wilderness.

The effect of this bill’s passage would be a significant boost for the economies of local communities and for off-highway vehicle riders across the West.

Please contact your representative right away and urge him or her to support H.R. 1776. Send a prewritten letter by following this link: Take Action, filling out the form at the bottom of the page and clicking the red “submit” button.

Now more than ever, it is crucial that you and your riding friends become members of the AMA to help us protect our riding freedoms. More members mean more clout against the opponents of motorcycling, and your support will help the AMA fight for your rights – on the road, trail, racetrack, and in the halls of government. To join, go to AmericanMotorcyclist.com/membership/join.

If you do send comments to the BLM, please email a copy of your comments to the AMA at grassroots@ama-cycle.org. Thank you.

Source: http://ama-d36.org/author/davepickett/
dirtflea, Feb 23, 2014 #1LikeReply


Andy
What exactly does it mean to "Appeal" the CCMA ROD? What happens if I fill out the form located here:

Appeal the Clear Creek ROD
Andy, Feb 23, 2014 #2LikeReply

Brewster
My problem with H.R. 1776 as written is that it puts the management of CCMA into the office of the Secretary of the Interior. Who do you think the Secretary will designate to make the decisions and manage the area? Very strong possibility that it would be the HFO BLM.

H. R. 1776
Sec. 4. Management
(a) In general.—
The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with—

(d) Permanent management plan.—
Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that—
(5) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act;

And how do you think that the just released ROD would affect a new management plan? With these loopholes in the bill, CCMA could be open for two years of OHV use and then closed again.

HR1776 has potential but needs some changes for OHV use protection and to get the HFO BLM out of the management.

Ride on
Brewster

Brewster
Andy said: ↑
What exactly does it mean to "Appeal" the CCMA ROD? What happens if I fill out the form located here:
Appeal the Clear Creek ROD
At this stage of the process, the appeal is presented to the Interior Board of Land Appeals. The IBLA is not in the management stream of the BLM. I'm not sure of why it has to go through the HFO BLM. Maybe to filter out unqualified appeal submissions?

Ride on
Brewster
CORVA

Andy
Thank you, Bruce.

However would you be so kind as to further explain what this means:

"the appeal is presented to the Interior Board of Land Appeals"

So what does appeal mean? Is it a formal notice that I as a citizen disagree with something? Or is is declaring that I want to take BLM to court?
Andy, Feb 23, 2014 #5LikeReply

Brewster
Andy said: ↑
"the appeal is presented to the Interior Board of Land Appeals"

So what does appeal mean? Is it a formal notice that I as a citizen disagree with something? Or is is declaring that I want to take BLM to court?
It is still part of the appeal process. This may help:
http://www.doi.gov/oha/ibla/index.cfm

Ride on
Brewster
CORVA
 

Butch

poseur
Staff member
More
About the Interior Board of Land Appeals

The Interior Board of Land Appeals (IBLA) is an appellate review body that exercises the delegated authority of the Secretary of the Interior to issue final decisions for the Department of the Interior. Its administrative judges decide appeals from bureau decisions relating to the use and disposition of public lands and their resources, mineral resources on the Outer Continental Shelf, and the conduct of surface coal mining operations under the Surface Mining Control and Reclamation Act. Located within the Department's Office of Hearings and Appeals, IBLA is separate and independent from the Bureaus and Offices whose decisions it reviews.

IBLA has the authority to consider the following types of cases:
Appeals from a variety of decisions of the Bureau of Land Management, including but not limited to decisions regarding mining, grazing, energy development, royalty management, timber harvesting, wildfire management, recreation, wild horse and burro management, cadastral surveys, Alaska land conveyances, rights of way, land exchanges, and trespass actions;
 

Butch

poseur
Staff member
One guy's description:
Blauert on Outdoors: Clear Creek Management Area soon to be open to the public
February 25, 2014

Read more here: http://www.mercedsunstar.com/2014/02/25/3517245/blauert-on-outdoors-clear-creek.html#storylink=cpy

Blauert on Outdoors: Clear Creek Management Area soon to be open to the public
February 25, 2014

The western boundary of our San Joaquin Valley is formed by the Diablo Range. Together with the Gabilan Range and the Santa Lucia Range, it forms a major part of the Coast Ranges.

The largest units of publically owned recreational lands in the Diablo Range are the 81,000-acre Henry Coe State Park in the north and the 61,000-acre Clear Creek Management Area in the south. I’ve written about Henry Coe several times, but I’ve never featured Clear Creek because it has been closed to the public since 2008.

Asbestos-containing serpentine soils are found within about 31,000 acres of the Clear Creek Management Area and concern about the negative effects of exposure to this carcinogen led to the closure. Since that time, the Bureau of Land Management has evaluated the risks and prepared a management plan for the area. The draft of the plan was released in 2012 and a period of public comment was opened. The final plan was released on Feb. 11. The official appeal period for the plan lasts until March 14.

The management plan will result in some major changes from the pre-closure days. Within serpentine zone (officially designated as the Serpentine Area of Critical Environmental Concern), access will be by permit and will be limited to 5 days per person per year by vehicle and 12 days by foot. The scientists who have studied the area have determined that this amount of annual visitation does not pose a serious health risk.

ATV use, previously one of the most popular activities at Clear Creek, will be prohibited within the Serpentine ACEC. It will continue to be allowed in some areas of Clear Creek outside of the ACEC and the management plan calls for the eventual construction of additional ATV routes. Within the ACEC, a 32-mile vehicle touring route will be established to give visitors an opportunity to enjoy the area’s unique landscape and to provide access to hiking destinations.

Two of these destinations are ones that I’ve been looking forward to visiting for quite some time. The first is “Joaquin Rocks” or “Three Rocks,” a striking sandstone formation that is easily seen by drivers on Interstate 5. According to legend it was a hideout of the bandit Joaquin Murietta. Once the area reopens, it will be a 6-mile round trip hike from the designated driving route. Joaquin Rocks is actually outside the ACEC, but can only be accessed by driving through it.

San Benito Mountain, the 5,241 foot high point of the Diablo Range is the other destination I hope to visit. A short hiking trail from the driving route will provide access to the summit.Clear Creek is one of the most remote and generally unknown areas adjacent to the San Joaquin Valley. It is home to California condors and several other rare species. It’s also one of the most highly mineralized areas in the state. This makes it a popular collecting site for semi-precious minerals and gemstones, an activity that will continue, along with hunting, camping, hiking, vehicle touring and wildlife observation.

Clear Creek’s interesting history includes thousands of years of Native American habitation, settlement by early Spanish immigrants and mining. Just outside the western entrance on New Idria Road is the ghost town of New Idria, a mercury mine that closed in the 1970s. Although the remains of the town are on private property, you can drive through on your way to Clear Creek.

Murietta was supposedly killed at Cantua Creek, just outside of the CCMA. Although it is difficult to prove any of the multitudinous stories about Murietta, there is certainly a longstanding association of him with the Clear Creek area.

Camping is available at three sites outside the ACEC: Condon Peak, Oak Flat and Jade Mill. Roads currently are being constructed to connect the Condon Peak Campground with nearby roads for both street-legal vehicles and ATVs, including access to the top of 4,970-foot Condon Peak.

Additional recreation information, health recommendations, and maps will be released closer to the reopening date. It will be available through the BLM Field Office in Hollister. The website is www.blm.gov/ca/st/en/fo/hollister.html and the phone number is (831) 630-5000. Entry permits will also be issued through this office.

Adam Blauert is a Sun-Star correspondent. He is an avid outdoorsman who enjoys fishing, backpacking and exploring the western states. He can be reached at adamblauert@yahoo.com

Read more here: http://www.mercedsunstar.com/2014/02/25/3517245/blauert-on-outdoors-clear-creek.html#storylink=cpy
 
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Butch

poseur
Staff member
Summary: H.R.1776 — 113th Congress (2013-2014)

There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in House (04/26/2013)

Clear Creek National Recreation Area and Conservation Act - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources.

Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area.

Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act.

Requires landowners to be provided with adequate access to inholdings within the Recreation Area.

Permits livestock grazing to be allowed to continue in areas in which it is allowed.

Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness and as a component of the National Wilderness Preservation System.

Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System.
 
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