surpip
07-25-2008, 09:09 AM
COUNTY OF NEVADA
STATF OF CA! JFORNIA
Ted S. Owens
BOARD OF SUPERVISORS Supervisor, 5
th District
e-mail: ted.owens@co.nevada.ca.us
http://mynevadacounty.comlboardofsupervisors
Eric Rood Administrative Center Truckee Office
950 Maidu Avenue 10183 Truckee Airport Road, Suite 213
Nevada City, California 95959-8617 Truckee, California 96161
Ph. (530) 265-1480 • FAX: (530) 265-9836 Toll Free: (888) 785-1480 or (530) 582-7826 • FAX: 582-7882
July 24, 2008
Dear Concerned Off-Highway Vehicle Enthusiast:
Thank you for your e-mail of concern regarding recent closures in the Greenhorn Creek area.
As Supervisor for District 5, which encompasses this area, I will respond.
The Greenhorn Creek area is a patchwork of private land, BLM and Forest Service land. It is
important to know whose land you are on, or being denied access to. We believe the area of
present concern to OHV riders is generally the area where Red Dog Road crosses Greenhorn
Creek. The adjacent property is owned by Hansen Brothers Enterprises (HBE) and it is NOT
public land.
Some of the e-mails I have received allege that HBE is “violating their land use permit which
requires HBE to ‘Provide Access for Lawful Recreation’ under the Navigable Waterways rule.”
The use permit that allows HBE to mine the gravels within the Greenhorn Creek river channel
does have a condition that requires the operator to allow access to lawful recreation within
Greenhorn Creek. The reasoning behind this condition is to ensure that lawful access is
maintained to the Waters of the United States (generally in the context of boating and waterways
access to fishing and recreation), in this specific case, Greenhorn Creek and portions of Rollins
Reservoir. Thus, HBE cannot prevent someone from fishing or playing in the water within
Greenhorn Creek (generally defined as the area within the historic highwater mark ofthe river).
However, HBE does have every right to prohibit OHV use on the adjacent river channel. It is not
the intent of this condition to allow the general public free use of all ofthe HBE property for other
forms of recreation. The purpose and intent of the boating and waterways access provisions (as
we understand it) is for fishing and swimming rights. It is not clear that this was also intended to
allow OHVuse on all ofthe adjacent lands near a waterway.
Over the years HBE has not actively prohibited OHV use in Greenhorn Creek, although they have
had to deal with cleaning up the results of many ofthe extra-curricular events that have occurred
there during the summer months. In recent years, the off-road community has held advertised
special events down at Greenhorn Creek without the property owner’s permission. As a result of
those activities, many people from outside the area now regularly flock to Greenhorn Creek to go
four-wheeling. Many of those events extended onto adjacent private properties and the owners
have been demanding increased law enforcement to deal with trespassers. Property owners in the
area have also complained to the County about trash dumping, noise, dust, drug and alcohol use,
late night parties, and other illegal activities in the area.
Letter regarding Greenhorn Creek OHV
July 24, 2008
Page 2 of 3
HBE eventually checked with the County to see if it could bar trespassing and non-water-based
recreational activities beyond the high water mark of the creek. The County agreed with HBE’s
interpretation of the recreation access condition. As a result, the Sheriff has started to send a
patrol down to the Greenhorn Creek crossing.
In summary, the Hansen Bros mining permit property runs along the creek. They are only legally
required to provide access to the high water mark along the creek for water-based recreation
(fishing, swimming & boating). Crossing private property is allowed within the river channel.
However, crossing private property to get to the river channel is not covered under this law. The
only two legal access points to Greenhorn Creek are the Red Dog Road crossing and Rollins
Reservoir. So if you’re outside the river channel and not along Red Dog Road or within Rollins
Reservoir, you could very well be trespassing. Since access is not being prevented from the legal
access points, no public notification is necessary.
BLM LAND
The BLM parcel in the Greenhorn Creek area is relatively small compared to the surrounding
private property. The closure of this parcel to OHV riding was part of the Sierra Resource
Management Plan (RMP) that was finalized in February 2008. The RMP was developed over a
period ofseveral years with extensive public participation.
Legal Notification:
The BLM states that it performed legal notification ofthe RMP by submitting a scoping notice to
Federal and state agencies, the heads of county boards, other local government units, Tribal
chairman and any other entities/individuals who have requested such notice. It would not be
possible for BLM to know the names of all special interest groups that might be concerned with
particular aspects ofthe Plan.
As part of the scoping process, over the period from 2004-2006 the BLM conducted numerous
meetings at the Love Building in Condon Park for residents in Western Nevada County. The
RMP process and the scoping meetings were promoted regularly in The Union, the main
newspaper serving western Nevada County.
The County, as a local government agency, cannot “direct” State or Federal agencies on how to
conduct their business. In the case of the RMP, the County was duly notified and able to provide
comments and input into the Plan, so we have no reason to raise objections with the BLM
regarding notification on the Greenhorn access issue.
In closing, while I understand clearly the position of various OHV user groups, I also clearly
understand the position of many of my constituents who are becoming increasingly concerned
about such uses on public lands. Complaints of noise, environmental damage, incompatible use
and public safety are escalating.
Here in the eastern portion of Nevada County heavy use and environmental damage is more than
apparent and growing at exponential rates each season. At a recent meeting with the US Forest
Service, mapping evidence demonstrating the proliferation of new “unofficial” trails within the
Tahoe National Forest was alarming to say the least. While many ofthe user groups have proven
more than responsible for appropriate and respectable etiquette, they have become the exception
and no longer the rule.
Letter regarding Greenhorn Creek OHV
July 24, 2008
Page 3 of3
My fear for the OHV recreationist is that the unchecked situation that exists today will bring
draconian measures from the State and/or Federal government. In my judgment, it is a matter of
when that happens rather than if it will happen.
I would support the development of legislation that supports OHV use on public lands that is
appropriately managed and respects the issues I have raised. I will not support OHV use that fails
to meet a much higher standard than currently exists or that fails to satisfy reasonableness with
other shared and more traditional users such as fisherman, hunters and hikers.
Should you like to discuss the matter further, I would welcome the opportunity.
Si~eJ~,
Ted S. wens
Supervisor, 5th District
cc: Board ofSupervisors
Keith Royal, Nevada County Sheriff
Jory Stewart, Nevada County Planning Director
William Haigh, Folsolm Field Office Director, BLM
Tom Quinn, Tahoe National Forest Supervisor
Orson Hansen, President, Hansen Bros. Enterprises
STATF OF CA! JFORNIA
Ted S. Owens
BOARD OF SUPERVISORS Supervisor, 5
th District
e-mail: ted.owens@co.nevada.ca.us
http://mynevadacounty.comlboardofsupervisors
Eric Rood Administrative Center Truckee Office
950 Maidu Avenue 10183 Truckee Airport Road, Suite 213
Nevada City, California 95959-8617 Truckee, California 96161
Ph. (530) 265-1480 • FAX: (530) 265-9836 Toll Free: (888) 785-1480 or (530) 582-7826 • FAX: 582-7882
July 24, 2008
Dear Concerned Off-Highway Vehicle Enthusiast:
Thank you for your e-mail of concern regarding recent closures in the Greenhorn Creek area.
As Supervisor for District 5, which encompasses this area, I will respond.
The Greenhorn Creek area is a patchwork of private land, BLM and Forest Service land. It is
important to know whose land you are on, or being denied access to. We believe the area of
present concern to OHV riders is generally the area where Red Dog Road crosses Greenhorn
Creek. The adjacent property is owned by Hansen Brothers Enterprises (HBE) and it is NOT
public land.
Some of the e-mails I have received allege that HBE is “violating their land use permit which
requires HBE to ‘Provide Access for Lawful Recreation’ under the Navigable Waterways rule.”
The use permit that allows HBE to mine the gravels within the Greenhorn Creek river channel
does have a condition that requires the operator to allow access to lawful recreation within
Greenhorn Creek. The reasoning behind this condition is to ensure that lawful access is
maintained to the Waters of the United States (generally in the context of boating and waterways
access to fishing and recreation), in this specific case, Greenhorn Creek and portions of Rollins
Reservoir. Thus, HBE cannot prevent someone from fishing or playing in the water within
Greenhorn Creek (generally defined as the area within the historic highwater mark ofthe river).
However, HBE does have every right to prohibit OHV use on the adjacent river channel. It is not
the intent of this condition to allow the general public free use of all ofthe HBE property for other
forms of recreation. The purpose and intent of the boating and waterways access provisions (as
we understand it) is for fishing and swimming rights. It is not clear that this was also intended to
allow OHVuse on all ofthe adjacent lands near a waterway.
Over the years HBE has not actively prohibited OHV use in Greenhorn Creek, although they have
had to deal with cleaning up the results of many ofthe extra-curricular events that have occurred
there during the summer months. In recent years, the off-road community has held advertised
special events down at Greenhorn Creek without the property owner’s permission. As a result of
those activities, many people from outside the area now regularly flock to Greenhorn Creek to go
four-wheeling. Many of those events extended onto adjacent private properties and the owners
have been demanding increased law enforcement to deal with trespassers. Property owners in the
area have also complained to the County about trash dumping, noise, dust, drug and alcohol use,
late night parties, and other illegal activities in the area.
Letter regarding Greenhorn Creek OHV
July 24, 2008
Page 2 of 3
HBE eventually checked with the County to see if it could bar trespassing and non-water-based
recreational activities beyond the high water mark of the creek. The County agreed with HBE’s
interpretation of the recreation access condition. As a result, the Sheriff has started to send a
patrol down to the Greenhorn Creek crossing.
In summary, the Hansen Bros mining permit property runs along the creek. They are only legally
required to provide access to the high water mark along the creek for water-based recreation
(fishing, swimming & boating). Crossing private property is allowed within the river channel.
However, crossing private property to get to the river channel is not covered under this law. The
only two legal access points to Greenhorn Creek are the Red Dog Road crossing and Rollins
Reservoir. So if you’re outside the river channel and not along Red Dog Road or within Rollins
Reservoir, you could very well be trespassing. Since access is not being prevented from the legal
access points, no public notification is necessary.
BLM LAND
The BLM parcel in the Greenhorn Creek area is relatively small compared to the surrounding
private property. The closure of this parcel to OHV riding was part of the Sierra Resource
Management Plan (RMP) that was finalized in February 2008. The RMP was developed over a
period ofseveral years with extensive public participation.
Legal Notification:
The BLM states that it performed legal notification ofthe RMP by submitting a scoping notice to
Federal and state agencies, the heads of county boards, other local government units, Tribal
chairman and any other entities/individuals who have requested such notice. It would not be
possible for BLM to know the names of all special interest groups that might be concerned with
particular aspects ofthe Plan.
As part of the scoping process, over the period from 2004-2006 the BLM conducted numerous
meetings at the Love Building in Condon Park for residents in Western Nevada County. The
RMP process and the scoping meetings were promoted regularly in The Union, the main
newspaper serving western Nevada County.
The County, as a local government agency, cannot “direct” State or Federal agencies on how to
conduct their business. In the case of the RMP, the County was duly notified and able to provide
comments and input into the Plan, so we have no reason to raise objections with the BLM
regarding notification on the Greenhorn access issue.
In closing, while I understand clearly the position of various OHV user groups, I also clearly
understand the position of many of my constituents who are becoming increasingly concerned
about such uses on public lands. Complaints of noise, environmental damage, incompatible use
and public safety are escalating.
Here in the eastern portion of Nevada County heavy use and environmental damage is more than
apparent and growing at exponential rates each season. At a recent meeting with the US Forest
Service, mapping evidence demonstrating the proliferation of new “unofficial” trails within the
Tahoe National Forest was alarming to say the least. While many ofthe user groups have proven
more than responsible for appropriate and respectable etiquette, they have become the exception
and no longer the rule.
Letter regarding Greenhorn Creek OHV
July 24, 2008
Page 3 of3
My fear for the OHV recreationist is that the unchecked situation that exists today will bring
draconian measures from the State and/or Federal government. In my judgment, it is a matter of
when that happens rather than if it will happen.
I would support the development of legislation that supports OHV use on public lands that is
appropriately managed and respects the issues I have raised. I will not support OHV use that fails
to meet a much higher standard than currently exists or that fails to satisfy reasonableness with
other shared and more traditional users such as fisherman, hunters and hikers.
Should you like to discuss the matter further, I would welcome the opportunity.
Si~eJ~,
Ted S. wens
Supervisor, 5th District
cc: Board ofSupervisors
Keith Royal, Nevada County Sheriff
Jory Stewart, Nevada County Planning Director
William Haigh, Folsolm Field Office Director, BLM
Tom Quinn, Tahoe National Forest Supervisor
Orson Hansen, President, Hansen Bros. Enterprises