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Opinion: Closing forest roads in El Dorado County is wrong


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Publisher’s note: On April 17 at the recommendation of Supervisors Ray Nutting and Ron Briggs, the El Dorado County Board of Supervisors adopted the following public statement regarding the case of Center for Sierra Nevada Conservation v. U.S. Forest Service (E.D. Cal No. S-09-2523).

El Dorado County is dismayed to learn that the plaintiffs in the U.S. District Court in the case of Center for Sierra Nevada Conservation v. U.S. Forest Service (E.D. Cal. No. S-09-2523) have asked the court to consider the blanket closure of 42 roads in the Eldorado National Forest because those roads happen to pass through very small meadow areas. The court has ordered those roads closed until a final order has been issued, which may cause the loss of a number of the most popular recreation trails in Eldorado County for this summer season.

These roads have been in use for recreation for decades (some for a century), and provide a unique and irreplaceable opportunity for citizens to enjoy the land which they own. The court’s decision on the merits of the litigation found that the U.S. Forest Service must supplement its analysis of whether the roads crossing meadows affects the hydrology of the meadow, a process that the Forest Service estimates will take a full year, mostly because of the various procedural time limits applicable to supplemental environmental impact statements under NEPA. The 42 roads total about 120 miles in length, of which less than 5 miles involve meadow areas, and 23 out of the 42 roads involve meadow crossings of less than 300 feet.

The court has extended the normal winter closure of all 42 roads into the summer recreation season, while it considers various alternative orders it might issue to be in effect during the period while the supplemental analysis is being done. The closure of all 42 roads for an entire summer recreation season just because they happen to pass through a meadow area for a short distance would be an unnecessarily blunt remedy that fails to maintain the status quo of many years of public use on those roads, and that fails to distinguish between different roads with different circumstances. For example, the Barrett Lake Trail has been in use for decades, and over the years has been upgraded and maintained by users so it is in a better condition to sustain its popularity without degradation of the environment than many other trails in the forest. It is considered a model of user-maintained road. It has several short sections involving meadows, but in many instances it has been re-routed around the meadow and in other sections it has been improved so that any hydrological problem has been eliminated. The Barrett Lake Trail ends at Barrett Lake, so that closing it at a short meadow section anywhere along its length effectively closes it entirely. The closure of this road for an entire recreation season is simply not justified by its particular circumstances. Furthermore, the closure of some of the most popular recreational roads in the Eldorado National Forest will divert users to other trails (such as the Rubicon Trail, a public road under R.S. 2477 and thus not involved in the current litigation), potentially overburdening these other trails which are not involved in the litigation.

Most important, a blanket closure of all 42 roads fails to take into account the enormous negative economic impact this will have on El Dorado County (and the other counties affected by the closure – Amador and Alpine counties). Closure of 42 roads will discourage citizens from coming here to recreate this summer, and the resulting confusion and uncertainty will no doubt discourage recreational use of the Eldorado National Forest for subsequent seasons also. It has been estimated that vehicular recreation in the Eldorado National Forest produces a net positive economic effect estimated to exceed $2 million per year to El Dorado County. An order carefully tailored to recognize the decades of prior use of the 42 routes, which recognizes the different circumstances of particular roads among the 42 at issue, can help alleviate unnecessary damage to the local economy.

The environmental and planning laws must be honored, but in a way that is both rational and realistic, without causing unnecessary damage to a fragile economy, and without unjustified restrictions on a citizen’s right to use federal land. El Dorado County believes that the roads should be kept open for this season while the remaining environmental analysis is being performed.

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Comments (30)
  1. Dogula says - Posted: April 23, 2012

    Absolutely. When dirt bike riders register their motorcycles, they pay a fee for access and maintenance in PUBLIC lands. Hikers, cyclist, horse people, pay no such fee. Yet access is being denied to moto riders in ever increasing swaths of land. There’s no place to ride in El Dorado County anymore. Why? Because the enviro-Nazi’s will never be satisfied until they keep everyone (themselves excepted) out of the forests. Why should we pay to register our bikes if we can’t even ride them? Are some of the public more equal than others? Apparently.

  2. Robert (Bob) Fleischer says - Posted: April 23, 2012

    AND…diversion of off-road motorcyclist paid fees are often diverted by the various States, to the General Fund, etc.

  3. fromform says - Posted: April 23, 2012

    keep motorized vehicles out of the woods.

  4. DAVE says - Posted: April 23, 2012

    It is refreshing to read about the El Dorado County Board of Supervisors standing by ALL residents of the county they serve, and to write a public opinion piece that makes sense, and discusses the issue at hand and their stance on an issue important to thousands of Californians and their families.
    While the County was nice and politically correct in their wonderful submission, I don’t have to be nice.
    If the name Karen Schambach is known by you, then you know who is behind the lawsuit filed against the USFS. She and her band of radical environmentalists, with groups like Center for Biological Diversity file suit after suit, federal and state, USFS and BLM and California State Parks – and do this year after year, decade after decade. They love it when they win, because YOU and ME Mr.& Mrs. Taxpayer, get to pay for the legal fee’s the Plaintiff’s get from the Government to pay for THEIR legal fee’s from our tax dollars. As for FromForm and that comment, well, you get the mental picture of some hermit in a cave.
    I applaud this editorial from the Supervisors, and will forward it on to EVERY single California based United States Congress Representative, because they NEED to see what the local governments are up against in their counties when dealing with environmental extremist groups that think all of nature is THEIR personal playground. Dogula is correct in his statement. OHV Recreation is the USFS/Reg. 5 NUMBER ONE financial contributor to the USFS in Parnterships per their own documents. The California Department of State Parks, via the Off Highway Motor Vehicle Recreation Division, has given HUNDREDS of millions of dollars to the USFS that has forests in California for Law Enforcement, Trail Maintenance, Planning, Health and Safety, and other Grants. The Green community, nada. All they do is sue agencies of our government in the name of protecting something, and uses the Endangered Species Act to keep the public out of the public land.
    So will the public support this County that has told it like it is, and tell them YOU as a California support them.
    And, don’t forget to support these folks that that actually have a spine and are fighting for you come election time. To fix this, Californians MUST vote out those politicians that support the folks that file the suits that closes you out of YOUR public lands…….
    Can you say Barbara Boxer over and over again……..
    Dave

  5. Brian says - Posted: April 24, 2012

    If it wasn’t for the people that use these road for recreation doing normal maintenance, these roads, meadows, etc would no see any maintenance. If Karen, or the CBD cared at all about the forest, or these meadows, they would be thanking us for the work we do, not blocking us out.

    Make no mistake, Karen, and the CBD, don’t care anymore about Eldorado National Forest, than they do about interstate 50(which has a far greater enviromental impact that any forest road). They care about hurting people, and their families, because that is what they are doing.

  6. Sick in Maryland says - Posted: April 24, 2012

    This news makes me sick! Some of the closed trails like Barret Lake are the lead examples of excellent work and protection of the enviroment combined. All those old logging roads your dad took you on as a kid…gone. That favorite picnic area on a road rairly ever used gone. That favorite fishing hole that you used to get to on horseback and in that old willys Jeep …gone.

    YET we allow the total destruction of priceless lands and animal habitat to be throw out the window for the next “casino, shopping mall, condos, coffee shop”.

    Disgusting……

  7. Nick says - Posted: April 24, 2012

    Its good to see the El Dorado Board of Supervisors standing up for ALL their citizens in this matter. These closures don’t actually do anything for the environment, it is just one more step towards eliminating all public land from responsible use by Americans. Additionally, it only hurts rural and mountain communities, who depend on summer recreation to pay their bills and keep their economies going. Keep public land open to the public.

  8. Craig says - Posted: April 24, 2012

    It is a shame as my daughter who has CP loves going camping in remote places.
    We take our slightly modified 4×4 and drive these old logging routes. Find a nice place to camp with nobody around. It’s very peaceful and helps me to relax and get rid of the tension from working all the time. How is law enforcement going to get tips on illegal activities if law abiding citizens are not allow to drive on these routes. I guess its just more space for people to grow pot and make meth labs.

  9. Colby says - Posted: April 24, 2012

    Its terrible that all these tax dollars are being wasted in court, over mountain roads that have existed for hundreds of years. Hwy 50 has more of an impact on the run-off that ends up in our watersheds. Yet I have never seen a study done on that. The economic impact on the people who live and depend on the recreation season will be detrimental. We need to keep public lands open to the public. All the State parks closing, and now the forest is closed- I think Ill just go slam my head in the car door- maybe Ill feel better.

  10. Angie Knoll says - Posted: April 24, 2012

    When these roads get closed, the “environmentalists” are excluding the elderly, young, and handicapped from using their lands. Why must the hikers and bicyclists be so exclusionary? Why are only the physically fit allowed to enjoy the great outdoors in their small-minded world? What gives them the right to say “I can use it, but you can’t, unless you are as healthy as me”? The only way for the elderly, young children and handicapped to enjoy the forest and other lands is by vehicle. Thank you El Dorado County Supervisors for being a voice of reason.

  11. Oliver Klosov says - Posted: April 24, 2012

    It sure is sad to see our public lands being stolen from the public. These roads and trails were public rights-of-way before the creation of Eldorado National Forest; they were well-known before we created the U.S. Forest Service; they were stagecoach and horseback trails before California’s induction into the Union; they were Indian trails for thousands of years before the New World was discovered.

    And now we have a handful of “holier than though” recreation elitists and faux environmentalists who want to take the last few remaining square feet of the forest floor upon which the rest of the taxpaying public can drive a Prius, an SUV, or a motorcycle to their favorite campsite, lake, river, or vista.

    If the anti-access crowd’s real agenda was environmental protection, they wouldn’t waste their (and the government’s taxpayer-funded) money in courts of law – they would build a simple log bridge or a water break or a culvert. But everyone knows that’s not what they want; they simply want the entire forest closed to everyone but their select group of friends.

    The argument for “solitude” or “quiet” from motorized vehicles carries no weight, because hikers already have access to the ENTIRE forest (not to mention the 1/3 of it that’s already locked up from everyone else in Desolation and Mokolumne Wilderness Areas. Conversely, mechanized recreationists aren’t allowed to set a tire off the side of these narrow trails. The actual square footage of the forest floor that’s left for mechanized recreation is a tiny fraction of 1 percent, yet even that miniscule amount is more than these elitists are willing to share with the rest of the public.

    My family’s elders sure aren’t going to like being told by the public servant land managers that they aren’t welcome in their forests anymore. And my children sure aren’t going to get to see the wonders of the forest to which my Jeep can take them.

    With all the other problems in the world, why must people focus on internal battles against their fellow Americans like this? Public lands should be preserved FOR the public, instead of FROM the public.

  12. snoheather says - Posted: April 24, 2012

    This is horrible. I love the environment but feel there are way to many regulations that are unnecessary. People need to back off a little bit and allow the public the use of our land.

    I also would like to note that the term “Nazi” is thrown around way to freely and just shows the ignorance of the person using it. The Nazis committed mass genocide. To compare anyone who disagrees with you to the Nazis is wrong and needs to stop.

  13. Hangs Ups From Way Back says - Posted: April 24, 2012

    Don’t open a another can worms!

    I think it’s used as slang,maybe you got a oven to pick?

  14. Rory says - Posted: April 25, 2012

    Don’t be silly snoheather, “The Nazis committed mass genocide”, your statement solidifies our usage of the term “Enviro Nazi” because that is exactly what the anti-access crowd wants to do to motorized access and subsequently the economy generated by motorized access.

    These closures are ridiculous! I’m in a club that has adopted one of the 42 trails. We maintain this trail and while on it, educate motorized users on proper usage and the Tread Lightly principle.

    Myself and an entirely different user group hunts the Hwy50/88/4 corridors and use our vehicles to get to our spots.

    Looks like this year and who knows how much longer, our dollars will have to be spent in other forests. That’s really to bad because there are many nice people in Eldorado that I’ve enjoyed supporting over the years.

    The selfish anti-access crowed could care less about the human impact of their actions, they have already made their monies and are sitting cushy.

    Closure is no way to manage the forest!

  15. terry b says - Posted: April 25, 2012

    April 25, 2012 at 1:16 pm

    I believe it is time for the counties that are losing revenue because of these lawsuits to return the favor, and start filing suit against the individuals,organizations, and companies that are responsible for them!

  16. Ken Hower says - Posted: April 25, 2012

    Bravo to the Supervisors of El Dorado County.

    Shame on the 3 individuals behind this….Rich Platt, Monte Hendrix and Karen Schambach and the Center for Bio Diversity. These 3 individuals aren’t preserving nature. Be clear. Their agenda is litigation (at our expense), and generating “wins” to garner more donations from the uninformed that believe they are doing good. These Eco-Warriors, have never gone on any of these trails, never done maintenance, never lifted a shovel, never actually saved anything for real. It’s all in court, and in their mind the “great” ecological work they are doing.

    I challenge any of the 3, to come to work party weekend, come out and lift a shovel, throw a rock or two and provide ACTUAL WORK in the forest, to make it better for future generations.

    But we know that won’t happen. They eco-exclusionists. Shame on Judge Karlton for listening to these frauds of the environment. Bravo, to the representatives of El Dorado County that understand public lands, and balancing responsible OHV use is how to properly manage our forest.

    Ken

  17. LK says - Posted: April 25, 2012

    Many thanks to Supervisors Ray Nutting, Ron Briggs and the El Dorado County Board of Supervisors for having the intestinal fortitude to speak up with their views on this issue.

    The public has lost so much access to congressionally designated land set aside for our multiple-use sustained-yield purposes it is ridiculous!

    Congress intended that access to and use of these lands would provide recreational and economic opportunities for ALL Americans and the communities surrounding them that depend upon both for their very existence.

    The time for rational thinking like that displayed by this group of community leaders is long overdue!

    It is time to take back our public lands for the enjoyment and economic benefit of everyone, not just litigious groups with enough money, Lobbyists and Lawyers to throw select groups of citizens off lands their taxes fund who are merely perusing their chosen valid form of recreation with family and friends.

  18. Sunriser2 says - Posted: April 25, 2012

    Don’t feed the green pigs!!

    Lawsuits and surveys, remember it’s not about the environment it’s about early retirement.

  19. Nora Lee says - Posted: April 25, 2012

    Bravo El Dorado County Supervisors!!

    Yes, your communities will bear the brunt of these unnecessary road closures! Keep PUBLIC lands open to the PUBLIC!! As well stated by earlier comments many of these roads and trails have Historical Significance in the development of the West!

    It is not just mototrized recreation that will be affected but horseback riders, mountain bikes, snowmobiles, hunters and fishermen that will be denied access.

    As an aging American with a disability I use my 4×4 to enjoy our incredibly scenic PUBLIC Lands. I support responsible 4×4 including “Tread Lightly” and helping maintain our Trails for access for the next generation. To deny access is unfair, irresponsible and in my book age discrimination!!

    I too am tired of the abuse of these so called “Environmentalists” using MY tax dollars for lawsuit after frivolous lawsuit. They need to put up their own funds not mine! Together we can put a stop to this nonsense and waste of our limited and precious tax dollars!

    I Offroad and I Vote too!

  20. Jeeper and Off-Road Citizen of El Dorado County says - Posted: April 25, 2012

    Thank you to Ray Nutting, Pirate4x4 and all of the people and groups who care about keeping PUBLIC LANDS OPEN TO THE PUBLIC and are doing their best to fight this absurd closure.

    The ecosystems have all adapted to the trail systems that have been in place for many years. We have had strict trail adherence for a long time. There is no danger to the environment in these areas. However, Karen Shambitch and her eco Nazi group CNSC contends there is danger to a rare red legged frog. Give me a break lady. Don’t you think the frog, if it really exists in this area, would have moved on by now to another area?? Here’s an idea, why don’t you give yourself a new hobby and breed the frogs, then turn them loose somewhere in the 85% of the forest lands that you have already been partially successful in closing off to the public. Or maybe you could give them a safe habit up your A$$!!!

    Yes, I am pissed off. The best Jeeping trails within 50 fricken miles of my home are now closed even though the winter seasonal closure was lifted yesterday.

  21. J Williams says - Posted: April 26, 2012

    I am a concerned citizen that moved to the El Dorado county area in 1960, as a child of 6 years, and fell in love with the land. As an adult my wife and I have been using the national forests in this area for Forty Years. I Backpack, ride Dirt Bikes, ride Mountain Bikes, drive Jeeps, Hunt, Fish, am a rock climber, down hill/back country Skier and in the past have had Horses. My three children grew up here and have been involved in all of these activity’s. I am proud that this outdoor life gave them a love of the earth. They went to school and now as adults are involved in earth sciences for the good of the land.

    I have had time to see trees grow and the land heal from logging, and forest fires. Which are larger events, over larger areas than the hiking and motorized trails we now have. (Tahoe was deforested 140 years ago.)

    I recently traveled the southwest participating in many of my favorite outdoor activity’s. When I returned to see the Tahoe Basin I realized what a great place this is and how lucky I am to have access to public lands for such a wide variety of outdoor activity.

    Imagine my shock when I heard about this law suit, I had planned on taking my Grandsons from Washington State on many of these 42 trails this summer. Just as I had with their parents.

    We as citizens Can Not let this kind of tactics be used to close public lands to responsible users of any kind.

    Most people that love and use the land want to take care of it. Most people are not driven by Selfishness or are Drunk on the power they have over others.
    SOME ARE!

    We as citizens Can Not let this kind of lawsuit tactics be used to close public lands to responsible users of any kind.
    We have over the years come up with a somewhat balanced use in this county, but more and more of the trails have been closed to motorized travel. Let us stop these tactics now.

    Please speak up and get involved.

    J Williams
    Concerned longtime local multi user of the land.

  22. Jim d says - Posted: April 26, 2012

    Having been a campground manager in the Eldorado Forest for many years it comes as no suprise to me that these trails are being closed as I have seen many of these enviromental groups comming to me and telling me that the OHV people need to be kicked out.They come to the campgrounds for dayuse just to spy on the offroaders,take pictures and then go back to their leaders to tell them how bad the area is being torn up.—-This whole thing about closing trails makes me sick.

  23. BOR says - Posted: April 26, 2012

    The federal government and we will do whatever we please. We will let logging trucks in whenever it’s good for the feds. We will flood your house with a levee breach and not pay for it. Public we don’t care about you and you’re all on your own.

  24. banorvs says - Posted: April 30, 2012

    MOTORS DON’T BELONG IN THE FOREST.

  25. Allen Bach says - Posted: May 3, 2012

    I’m sorry, I do believe that motors belong in the forest. I think that environmentalists have an image of a horsepower crazed redneck tearing up our forests. My friends and I , motorcycle riders, go there because we love the woods. We do different rides because at the end of the trail is a new, beautiful destination. We are riding our motors on decades old ROADS. I believe that is appropriate. Riders and wheelers actually go out there, adopt a trail, and maintain it. With their own labor. I don’t know of an evironmental group that has put in an ounce of sweat helping the forest. I don’t think that cash and lawsuits show a commitment to the forest. I think they prove a bias against riders, not a love of the forest. If you really love this area go out and do something about it. In the forest, not in a court.

  26. Mike says - Posted: May 3, 2012

    X2 Allen.

  27. STP says - Posted: May 3, 2012

    For all the greenies that think we should not be allowed to ride dirt bikes in the forest. You know what these bans will do? They will just enrage me and others to the point we will ignore the signs and start riding where ever we please. You take a trail, I make 10 more, next one will be in your front yard! You or nobody else has a right to say who or what can use our public lands. Enough is enough!

  28. Jeff Campbell says - Posted: May 24, 2012

    This is ridiculous. These people don’t care about the environment, they just want to stir things up. This is the fear based society we live in now. And it’s people that don’t even use the land. We had to cancel a trip that would have brought about 20 people into the county. How much revenue was lost to this county from this. Quite a bit. Really sad.