SELC Files Notice of Intent - Tellico OHV Area at Risk

[Bebe]

This is a repost from the land use section on PBB



SELC joins sportsmen, other conservationists in protecting native trout streams in Nantahala National Forest


Severe erosion of ORV trails in the Tellico Area of the Nantahala National Forest channels muddy water to nearby streams, threatening some of the last brook trout populations in the Southern Appalachians.

For generations of Southerners, the brook trout is a symbol of the region's natural bounty and plentiful outdoors recreation opportunities. The native species, which survives only in the cleanest, coldest water, is also a symbol of water quality in our mountains.

Decades of intensive logging, sprawl development and other impacts have polluted trout streams and extirpated brookies from much of their historical range. In the South, some of the last, best habitat for this fish is on public lands.

One of these areas is the upper Tellico River watershed, with headwaters in the Nantahala National Forest in Cherokee County, North Carolina; the watershed flows into the Cherokee National Forest in bordering Tennessee. For years, Tellico has been a popular destination for anglers.

It's also become one of the largest and most intensively used areas for off-road vehicle (ORV) users. The sport entails driving customized "monster" trucks, as well as smaller all-terrain vehicles through rugged terrain - the steeper the trails, the more challenging. And the more damaging to the forest floor and water quality.

Years of heavy use and erosion have turned trails in the Tellico area into massive ditches, some more than seven feet deep. In wet conditions, these ditches channel muddy water into nearby streams.

The US Forest Service has designated 40 miles of trails in the Tellico area for ORV use - twice the legal limit. This doesn't take into account the innumberable smaller illegal trails forged by ORV users. Further, in violation of federal and state law, many of these trails are within 100 feet of streams and creeks. The agency's own studies show that brook trout populations in the area and downstream in Tennessee have declined due to impacts from ORV use. Yet the agency has failed to take the necessary steps to protect and restore the trout streams.

On June 28, SELC filed a "notice of intent to sue" the agency for failing to enforce the law. We are representing Trout Unlimited, both the North Carolina and Tennessee Councils, as well as Public Employees for Environmental Responsibility and the Southern Appalachian Biodiversity Project. We are calling on the Forest Service to permanently close the most environmentally damaging trails, and seasonally close the entire system.

With ORV use growing rapidly in the South's national forests, our legal action aims to make clear to the Forest Service its responsibility to get on top of the problem now.

For additional information: http://southernstudies.org/facingsou...onists-sue.asp
__________________

[s10er8]

This sounds serious, is there a petition we can sign? What can be done?

[weedwacker]

This is scary! Please keep us posted and advise on what we can do to help our cause.
Thanks

[HANO]

x2

[BIG98XJ]

not tellico too. I like to fish but Id rather wheel:shaking:

[bigjerm]

it sounds like their biggest complaint is the dirt getting into the water either when we spin tires or it rains. Would putting up the black fencing (silt fence i think its called) along the areas where this is a problem help? I know it wouldnt be the greatest looking or most "natural" but it would keep both parties happy.

[Eventhough]

silt fence wont work - its for sheet flow, not channelized flow. Silt fence is also a temporary measure. What is needed is more help with trail maintenance - not just a few people doing all the work.

[Ken Carter / BRUISER]

This is the exact reason why 4x4 clubs and organizations like southern 4 wheel drive( www.sfwda.org ) together with the forest service work to keep the streams clean..

this is the reason why we build bridges over creeks and streams.. we also build culverts to direct run off rain water from going down the trails directly into the streams..

This has always been an ongoing fight with national forest

we have seen this before at Tellico at Uwharrie, and others..

So please remember this when wheeling..
IE: no need to haul ass threw a stream or spin your tires..we need to work together to fight this and keep these trails open..

[rob92xj]

It will always be a problem, the other side doesn't know the joy we have in wheeling they would rather just have there activities and the hell with ours.

[broncomania79]

What is needed is more help with trail maintenance - not just a few people doing all the work.
true . i need to try and plan a weekend to go help out.


So please remember this when wheeling..
IE: no need to haul ass threw a stream or spin your tires..we need to work together to fight this and keep these trails open..

x2 and does anyone know of any good atv forums ? those guys need to know about all of this. maybe it would help our cause better if at least a handful of those guys knew about land issues and such. like dont litter and please stay on the trail .

[DSLTOY]

This is scary! Please keep us posted and advise on what we can do to help our cause.
Thanks

We are working on a work schedule and we do need help, especially during the week. We need people to run escort and spot for the dump truck.If you want to help PM me or Rob your phone number and what time frame you can work.
Thanks

[weedwacker]

Unfortunatly I live 300 miles from the trail, but I will be in the area july 2,3,4 if you need help.

[Ghost]

Same here. I'm 5.5 hours away. The NAXJA Crawl is going on the week after the 4th. IF I can help on Thursday or after that let me know. I will be at crawfords from Tuesday evening till SUnday.

[Family TJ]

As I was reading about the lawsuit I started to look at the pictures that they are using. The question I have is has someone gone north of the trails and taken pics or the water after a rain. That would showcase if it is truly a ORV problem or just a natural problem of the forest. If it gets to the point that the fish become endangered they will definitely shut the part down where it effects the water. There is a river in WV called the Kanawha or something like that and it flows in to the Ohio. Well after a real heavy rain that river gets super nasty with mud. I haven't seen a lawsuit there yet and it is the same case. I think they have a legit bitch if it is US causing the problem so that makes it OUR problem to fix. So the real question is what can we do to fix it. I leave about 8 hours away and have never been there but I am a wheeler and take it personal to help where I can. For those that are close let us know what we can do to help fix the problem.

[heepr]

Is this going to end up in court? Who is going to defend our side? Anybody a lawyer on here that can give us an idea? Where are they getting their number of 20 miles of trail as the legal limit?

In the meantime, the bridges are a step in the right direction. I'm thinking that Lower 2, Slickrock, and Peckerwood would be the ones that drain directly into the river and would be the first to get permanently closed if no water diversion structures/ silt stoppers are made..

[s10er8]

It sounds like propoganda to me... I agree, where is the proof to back it up?

[s10er8]

Read these

http://southernstudies.org/facingsouth/2007/06/southern-sportsmen-conservationists-sue.asp

http://www.selcga.org/cases/tellico_orv/index.htm

[s10er8]

http://www.dailycomet.com/article/20070628/APN/706280872

http://www.heraldtribune.com/article/20070628/APN/706280872

[s10er8]

the plaintiffs

http://sabp.net/

http://www.tu.org/site/pp.asp?c=7dJEKTNuFmG&b=275410

http://www.peer.org/

[s10er8]

http://www.peer.org/news/news_id.php?row_id=880

http://www.peer.org/news/news_id.php?row_id=879

[Trailworks]

So whats the forest services thoughts on this ?

[Rat~Man]

The rumor I heard was they wanted to turn the entire place over to a private party for "management". Which means closed to everyone except those who are in that 3rd party organasation. The same guy (who is into mt bikes pretty deep) tells me they want to shut down part if not all of URE as well to trucks and horses for mt bike trails. I kinda doubt it.

The erosion things is in part due to trail issues, in part due to upsteam issues and in part a natural byproduct of that kind of terrian. Maintaining the trails better would help but, short of spreader dams all over you simply can't stop land like that from moving around. Especially in 1/2" or better rains. However they are going to fail to mention that in the lawsuits. :shaking: I'm about 300 miles from Tellico as well so helping to maintain the trails is kinda out of the question.

Thing I dont get is the money. The OHV guys pay up and bring money to the area. How much money do a dozen or so trout fishermen bring in? Same deal at URE, the horse people dont bring in any money. Hell, they dont even want to pay to camp or pay trail use permit money. The OHV guys pay up. Think mt bike people are going to want to pay trail fees? I think not.

However, the problems the stupid OHV prople bring in, booze, trash, off trail etc..., might be the deciding factor in the place staying open.

[redneckengineered]

So whats the forest services thoughts on this ?

I guess this is for real, it already made the Saturday paper here in Chattanooga. The article doesn't really say anything more than what we already know but it does have a "quote" from the Forest Service.

Terry Seyden, a spokesman for the Forest Service, said the agency has recieved the letter but it doesn't comment on pending litigation. "We worked with the stakeholders for a number of years to try to identify and address any issues," Seyden said.

[Ghost]

Those of you doing the work and fighting the good fight keep us posted. THANK YOU! I'm about 300 miles away too so getting there for woork weekends is not going to happen too often. Is there a fund to fight it set up? Has tellico adapted the trail permit system that URE has? I was under the understanding that it really made a difference in stopping the non-paying illegal running rigs there.

[k9crazy]

SFWDA is in the process of preparing a statement to put on their website. Please keep an eye out for it and continue to read all you can about this pending action.

Oh, and yes, this is my first post on Pirate. I am usually over on MUD, but this is a cross forum interest so I thought I would join up and see what's cooking over here.

To introduce myself, I am an environmental consultant and I wheel. I have committed to SFWDA to help as much as I can with these and other land use issues.

Heather

[kbebs]

We have been using Tellico since the mid 90s. I don't post on PBB much but this topic is near and dear...... Just a thought- without pointing fingers but stating what we see each time we go to Tellico-enforcement is always a problem, ie there is only one ranger to "patrol" the OHVA. We rarely see any rangers when we are on the trails, regardless of the time of the year. EVERY time we are on the trails we see ATVs in undesignated areas and usually talk with them about staying on the trails and why their actions can get Tellico shut down. So to my point, through an organization such as Southern 4wda could we(everyone who wants to participate) not offer to donate the funds to hire another enforecment ranger to actually enforce the regulations about proper use. In past years our early bronco club usually raises and donates around $1000 at our "Fawl Krawl" event -this goes directly to S4wda. This money is from one weekend and one club. Seems like as many people who are on PBB and other clubs/groups that surf we could easily raise enough money to hire another enforcement ranger.....
Just an idea,

[s10er8]

SFWDA is in the process of preparing a statement to put on their website. Please keep an eye out for it and continue to read all you can about this pending action.

http://www.sfwda.org/

[BigGreenMonster]

taken from southern's site...


All,
We at SFWDA are working diligently to help resolve this law suit. Right now the best avenue for our membership and interested parties to do is to write a letter to the Forest Service (be very polite) telling them that you are aware of the pending lawsuit and that you want the forest service to be sure to stand up and support the Upper Tellico ORV area because of the area supplies a recreation needed and wanted for family recreation. Keep the letter short and to the point. Send the letter to the District office in Murphy, NC


Tusquitee Ranger District
123 Woodland Drive
Murphy, NC 28906
828-837-5152

David Borum
Dir. Legislative Affairs
SFWDA

[dan58]

Dropped a letter in the mail today.:grinpimp:

[navy-jeepster]

Here is a good template to use, and it is from Del Albrights site.
http://www.delalbright.com/Articles/letters.htm#Anchor-Th-47881

This letter can be modified as needed to get your point across. Remember to keep it professional at all times.

Todd
United Four Wheel Drive Association
Interim Director of Environmental Affairs

[n24wheel]

FOR IMMEDIATE RELEASE

CONTACT: Southern Four Wheel Drive Association
Heather Spivey
1483 N. Mt. Juliet Road
PMB # 222
Mt. Juliet, TN 37122
hspivey@bellsouth.net
678-463-7376


Southern Four Wheel Drive Association Protecting
Environmental Health of the Upper Tellico ORV Area

Southern Four Wheel Drive Association (SFWDA) is acting to address statements made against the U.S. Forest Service alleging violations of the Clean Water Act and other federal and state laws at the Upper Tellico Off-Road Vehicle (ORV) Area in the Tusquitee Ranger District in the Nantahala National Forest. The North Carolina Council of Trout Unlimited and Tennessee Council of Trout Unlimited accompanied by Public Employees for Environmental Responsibility (PEER) and the Southern Appalachian Biodiversity Project have threatened to sue the United States Forest Service on grounds that they have violated the Clean Water Act and other federal and state environmental regulations. The groups are demanding the Forest Service close a significant number of the designated ORV trails. This notice represents a formal threat of suit clearing the grievants' path to the courthouse should the agency refuse to capitulate to their demands.

Known as the Upper Tellico Off-Road Vehicle (ORV) Area, Tellico is one of the premiere facilities for four wheel drive enthusiasts in the country and offers a variety of experiences for different types of off-highway vehicles. The Tellico ORV Area also provides significant economic benefits to the tri-state region surrounding the area, including North Carolina, Tennessee, and Georgia

Commenting on the recently filed notice, Heather Spivey of the Southern Four Wheel Drive Association, said, “We are reviewing the notice of intent to sue and intend to provide more accurate information for the US Forest Service to consider.”

Southern Four Wheel Drive Association (SFWDA) provides extensive environmental stewardship in the area including restoration of trails and surrounding environment, installing silt screens and traps, building bridges to protect stream quality, and constructing trail head facilities such as parking lots, loading ramps, signs, bulletin boards, and restrooms.

Spivey, who has over a decade of water quality regulation experience, also stated, “It appears at first blush that the erosion issues recently publicized by the involved parties are inaccurate. They failed to account for the significant investment from Southern Four Wheel Drive Association (SFWDA) and their membership to improve erosion control measures and to remedy siltation issues within the Upper Tellico ORV Area.”

In 2005 and 2006 alone, SFWDA volunteers contributed thousands of hours of labor, equipment, and materials valued at over $100,000.

“Southern Four Wheel Drive Association is committed to preserving the Upper Tellico ORV Area while protecting the water quality and trout populations of the Tellico River. Our Association is made up of member clubs consisting of sportsmen that also hunt, fish, and believe that everyone should have the right to enjoy their public lands, including motorized family recreationists”, stated David Borum, nationally-known Director of Legislative Affairs for Southern Four Wheel Drive Association.

Southern Four Wheel Drive Association is working with the BlueRibbon Coalition and United Four Wheel Drive Associations and their attorneys to ensure that motorized recreation stakeholders interests are protected when legal proceedings are initiated by the involved parties.

# # #

Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. Since the formation of Southern Four Wheel Drive Association, the focus and mission is to promote responsible land use and to help keep public lands open for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit www.sfwda.org or contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122

United Four Wheel Drive Associations (UFWDA) is the global leader of all-brand four wheel drive enthusiasts. UFWDA is a group of individuals, clubs, state, regional, provincial and national associations and businesses in the United States and around the world with members spanning the globe from the U.S. and Canada, New Zealand, Australia, England, Japan, South Africa, and Iceland. If you would like more information on how you can be a part of this effort contact United Four Wheel Drive Associations today at 14525 SW Millikan Way #22622, Beaverton, OR 97005-2343, 1-800-448-3932 or visit www.ufwda.org.

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742 - http://www.sharetrails.org


David Borum
Southern Four Wheel Drive Association, www.sfwda.org
National Rifle Association (Life Member) www.nra.org
Blue Ribbon Coalition www.sharetrails.org
United Four Wheel Drive Association www.ufwda.org
United 4WD Environmental 4-Wheeler of the Year '98
International Practical Shooting Confederation www.uspsa.com
Tennessee Hunter Safety Education Course Instructor
Tennessee Handgun Carry Instructor
TN Firearms Assoc. Life Member www.tennesseefirearms.com
Trust in God, but keep your powder dry