Colorado Illegal Rd Closure Update

[dwagman]

In reference to illegal road closures, and by way of follow-up, I added the laws that were violated by the Forest Service for each road closure.

FSR 300; violations include and are not limited to 36 CFR 215.2, 215.5.b.ii, b.iii, b.iv, b.v, b.vi, b.viii, b.ix, b.x, 215.6.a., 261.50.c., 40 CFR 1503, 1506.10.

FSR 322A; violations include and are not limited to 36 CFR 215.2, 215.5.b.ii, b.iii, b.iv, b.v, b.vi, b.viii, b.ix, b.x, 2, 215.6.a., 261.50.c., 40 CFR 1501.7; 1508.4, 1508.13; FSH 1909.15 Chapters 31, 32, 33.3, 40.

FSR 371; violations include and are not limited to 36 CFR 220.4, 220.6.b.i.; 40 CFR 1501.7, 1507.3.e., 1508.4,1508.13; FSH 1909.15 Chapters 31, 32, 40.

This has been added to the following document as well: http://www.bodyintellect.com/forest_service/summary.doc

Specifically in this regard, the following letter has been sent to the Forest Service: http://www.bodyintellect.com/forest_service/rescind.doc

Please note that the meeting date with Congressman Lamborn has been changed to Friday, April 17, 2009 at 4pm, 1271 Kelly Johnson Blvd. Suite 110 in Colorado Springs. The Congressman has invited all concerned citizens (except the media) to attend.

[1sicbronconut]

Just wondering if you have posted this over at colorado4x4.org also?

[dwagman]

Originally Posted by 1sicbronconut

Just wondering if you have posted this over at colorado4x4.org also?

Yup. Posted there and on UFWDA and Mile High Jeep Club Forum.

[dwagman]

Please recall that the meeting date has changed to Friday, 4/17 at 4pm, 1271 Kelly Johnson Blvd. Suite 110, Colorado Springs, CO 80920
Phone: (719) 520-0055

I would appreciate any help from you guys in letting the rest know of the date change.

THANKS!

Also, after the meeting, dinner at Jack Quinns downtown, on Tejon street, just north of Colorado Ave.

[hexal]

How'd the meeting go?

[dwagman]

It was postponed due to a blizzard. I did post that. Sorry about the delayed reply, on the way to, you guessed it, Moab.

[dwagman]

A reminder that our meeting with Congressman Doug Lamborn is this Friday, the 19th at 4pm. The address is:

1271 Kelly Johnson Blvd., Suite 110.

After the meeting we are planning to go to Jack Quinn’s for dinner.

If you plan on attending, I'd ask that you send me an e-mail so that I can get in touch with you quickly in the event that there's another change. Send your e-mail to dan@bodyintellect.com

[dwagman]

From: "Gunderson, Abby" <Abby.Gunderson@mail.house.gov>
Date: Thu, 18 Jun 2009 13:46:57 -0400
To: "Dan Wagman"
Subject: Meeting with Congressman Lamborn

Mr. Wagman,

We have received word that the House will be in session tomorrow and voting. Therefore, Congressman Lamborn needs to be in DC tomorrow and cannot come back to the district. Consequently, we need to postpone your meeting. As I stated in my last email, these votes are a last-minute change in the legislative calendar given to us and so we could not anticipate this scheduling conflict.

Would you be available to meet with Congressman Lamborn on Monday, August 17th at 4pm? During the month of August, Congress is in recess and so a last-minute change in the voting calendar will not be an issue, as it was this week, and we can prevent this from happening again.

I apologize for any inconvenience that this may cause.

Abby Gunderson
Office of Congressman Doug Lamborn (CO-05)
437 Cannon House Office Building
Washington, DC 20515
202.225.4422 (phone)
202.226.2638 (fax)
abby.gunderson@mail.house.gov <mailto:abby.gunderson@mail.house.gov>

[dwagman]

On June 24 I submitted a FOIA along with several points that the Forest Service needs to address. You may review that letter via this link:

http://www.bodyintellect.com/forest_...371EA_DEIS.pdf

I received a very brief reply that indicated those records do not exist and none of the other points were addressed. Interestingly, the statement that "no such records exist" is proof that federal law was violated in closing these roads.

An appeal to this will be submitted to the new Forest Service Chief this week. Our meeting with Congressman Lamborn is critically important and as many of you as possible need to show up. By the way, I have yet to hear anything from Governor Ritter. I've called twice, yet no response in nearly three months. If you're interested, you may review that writing here:

http://www.bodyintellect.com/forest_...gov_ritter.pdf

The meeting with Lamborn is scheduled for Aug. 21 @ 2pm. Since getting a meeting date and time has been a pain in the rear (I've spared you those details), I'll make an official announcement once we get a bit closer.

Dan

[hexal]

Thanks for the hard work and sticking with it!

[dwagman]

My letter to Gov. Ritter was received in his office on May 6, 2009 at 10:46 AM. I had to place two phone calls to the Governor’s office in order to receive a reply. Note that this reply has taken about 10 weeks.


From: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Date: Thu, 30 Jul 2009 13:36:06 -0600
To: "Dan Wagman"
Cc: <david.albrechta@state.co.us>
Subject: RE: Illegal Forest Service Road Closures

Dr. Wagman,

The Governor’s office has been working closely with both the Department of Natural Resources and USFS to respond to your concerns regarding road closures in Pike National Forest. We are committed to understanding the entirety of the issue. I apologize for the delay in our response but appreciate your patience as we finalize our research to ensure we can respond to your concerns from an informed vantage point.

Respectfully,
Heidi Van Huysen


Subject: Re: Illegal Forest Service Road Closures
Date: Friday, July 31, 2009 7:46 AM
From: Dan Wagman
To: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Dear Heidi,
Without more detail, such as the specific federal laws that have been violated, the Governor will be unable to research this matter accurately nor will a response by the USFS allow for proper evaluation. That is why we wanted to meet with the Governor (and relevant staff) to provide those specifics.

Also note that this issue has involved, literally, thousands of Coloradans that are looking to their Governor to proactively intervene. Collectively, these Coloradans have been dismayed at the lack of response in about 10 wks since the original writing. I’ve been asked to suggest that within the next 10 days you give us a meeting date so that we can provide the Governor, and perhaps you, with the specifics/evidence regarding this matter.

I am looking forward to hearing back from you soon,

Dan Wagman, PhD, CSCS

It is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence.
W.K. Clifford

[dwagman]

My letter to Gov. Ritter was received in his office on May 6, 2009 at 10:46 AM. I had to place two phone calls to the Governor’s office in order to receive a reply. Note that this reply has taken about 10 weeks.


From: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Date: Thu, 30 Jul 2009 13:36:06 -0600
To: "Dan Wagman"
Cc: <david.albrechta@state.co.us>
Subject: RE: Illegal Forest Service Road Closures

Dr. Wagman,

The Governor’s office has been working closely with both the Department of Natural Resources and USFS to respond to your concerns regarding road closures in Pike National Forest. We are committed to understanding the entirety of the issue. I apologize for the delay in our response but appreciate your patience as we finalize our research to ensure we can respond to your concerns from an informed vantage point.

Respectfully,
Heidi Van Huysen


Subject: Re: Illegal Forest Service Road Closures
Date: Friday, July 31, 2009 7:46 AM
From: Dan Wagman
To: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Dear Heidi,
Without more detail, such as the specific federal laws that have been violated, the Governor will be unable to research this matter accurately nor will a response by the USFS allow for proper evaluation. That is why we wanted to meet with the Governor (and relevant staff) to provide those specifics.

Also note that this issue has involved, literally, thousands of Coloradans that are looking to their Governor to proactively intervene. Collectively, these Coloradans have been dismayed at the lack of response in about 10 wks since the original writing. I’ve been asked to suggest that within the next 10 days you give us a meeting date so that we can provide the Governor, and perhaps you, with the specifics/evidence regarding this matter.

I am looking forward to hearing back from you soon,

Dan Wagman, PhD, CSCS

It is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence.
W.K. Clifford

[dwagman]

Earlier today I had an interesting conversation with two staffers from Governor Ritter’s office. They were Heidi Van Huysen, Policy Analyst; and Mike King, Deputy Director for the Dept. of Natural Resources.

They indicated to me that they had written the FS shortly after receiving my letter in early May and did receive a reply. Curiously, they seemed unwilling to detail the FS’s response, but I did not want to argue that point (public records, etc.) because we want their help. During the conversation, however, it became clear that the FS fed the Governor’s office the same sort of nonsense they had been feeding us. To that point, that FSR 371 is under Special Use Permit with Colo. Spgs. Utilities (but the Permit specifically forbids the utility company from prohibiting public access) and that they’ve extended the Order to close roads on the Rampart Range (but that Order was attained illegally because the public comment period is supposed to be 30 or 45 days, not the 2 wks we received, that Order is for “temporary” closures only yet FSR 322A has been closed for over 4 years, etc.).

Anyway, after about 40-45 minutes I could tell that Heidi, who next to me did most of the talking, seemed pressed for time. The way we left it is that they would contact the FS asking specifically for the legal authority they believe to have for closing these roads. Then, depending on their response, we would investigate whether attaining that legal authority followed the requirements set under federal law. Well, we already know the answer to that. It will be interesting to see how the Governor’s office works through this.

Heidi told me that she’d be making calls today and that she expected to get back with me next week. I’ll give her 2 wks though.

Don't forget, Congressman Lamborn, 2pm, 21 Aug., 1271 Kelly Johnson Blvd. Suite 110.

[hexal]

Good work, and progress! Have you thought about calling the news and seeing if they would pick up on it? If the Gov's office is getting run around too it might get their interest?

I got the # for a couple 9 news reporters.

just a thought

[dwagman]

Yup, absolutely thought about the media. Contacted all of the local media, newspaper and TV. Problem is that the Gazette already did 2 articles a few years back and don't seem to have anymore interest. Regarding the TV stations, they don't seem to have an interest at all because to them, "this doesn't impact a lot of people." No, seriously, that's what a bunch of them told me. And when I explained that this impacts EVERYBODY who wants to visit the national forest, i don't get any replies.

So, if you think your contact might be more sensitive, by all means pass their name on to me. In case you're not aware, this is Colorado Springs, CO area.

Dan

[dwagman]

OK guys, next Friday, Aug 21 at 2pm, wheel over to Congressman Lamborn's office and let him know how serious you, we all are, about these illegal road closures.

1271 Kelly Johnson Blvd. Suite 110

See you there!

[dwagman]

OK guys, this is it. 2 more days till the Lamborn meeting.

Let me be frank; unless we show up in numbers, I really don't see anything happening here. The Congressman has already proven ineffective in the meetings I've already had with him and to date the Governor's office seems less than enthused about holding the Forest Service accountable to the law. But if they see a bunch of citizens involved, then they're going to wonder about election day. I'd much rather work on getting them, the Congressman and Governor, to step up to the plate than commence work on retiring them from office.

So, Friday, 2pm, 1271 Kelly Johnson Blvd. Suite 110, Colorado Springs, CO.

Be there!

[dwagman]

Everybody, please review what I just received from the Governor’s office, to include my reply. I believe that it is abundantly obvious that the Governor’s response is unsatisfactory. I am urging you in the strongest way possible to write the Governor’s staffer (Heidi.VanHuysen@state.co.us) and the Governor directly (http://www.colorado.gov/apps/oit/gov...ty/welcome.jsf) why you feel that their response is unsatisfactory and what you expect from them. I frankly think that considering the preponderance of evidence against the FS (see my reply), the conclusion the Governor’s office has reached is an outrage.


From: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Date: Wed, 19 Aug 2009 16:21:48 -0600
To: "Dan Wagman"
Subject: RE: Forest Service Update

Dan,

The conclusion we reached is that areas which you find to be improper road closures have never been designated public roads and thus the requirements you discussed as being necessary to close a USFS road are not required. Instead, the access points in dispute are provided only through a special use permit that were provided to the Colorado Springs Utility and the USFS has regulated those access points accordingly. I understand you dispute this point but based on the information we have received, we are in agreement with the action taken by the USFS with regard to regulating these access points.

Respectfully,
Heidi Van Huysen
office: 303-866-3311 x8664


Dear Heidi,

Thank you for getting back to me. I appreciate your time and efforts.

Unfortunately the explanation offered by the Forest Service (FS), and the conclusion you reached, is not supported by fact or law. To reiterate, please recall that the main issue at hand is that the FS has illegally kept the public out of the decision making process as mandated by law. Now kindly consider the following facts and references to the law which highlight these errors.

Regarding FSR 371, the only road to which your e-mail would apply, where you should recall this is not the only issue at hand:

1. The 1984 Land and Resource Management Plan map clearly and unequivocally identifies the road in question as a public access road, as Forest System Road (FSR) 371. (Of note, new Land Management Plan Revisions that may have changed this map have been halted as of June 30, 2009 by the 9th District Court due to, you guessed it, FS NEPA violations.) Moreover, of the 32 Amendments to this map, none of them address this road as being mislabeled or falsely identified. This is an important consideration as the FS has claimed in the past, and perhaps to the Governor’s office too, that this map is wrong.

2. All signs on the road, to this date, identify this road as FSR 371.

3. All writings by the FS refer to this road as FSR 371.

4. Now consider that EVEN IF THIS ROAD WAS NOT A FSR, National Environmental Policy Act (NEPA) procedures, which mandate public involvement, still apply. 36 CFR 220.4.a indicates that NEPA processes apply and must be followed if:

A. The Forest Service has a goal and is actively preparing to make a decision on one or more alternative means of accomplishing that goal and the effects can be meaningfully evaluated;
B. The proposed action is subject to Forest Service control and responsibility;
C. The proposed action would cause effects on the natural and physical environment and the relationship of people with that environment;
D. The proposed action is not statutorily exempt from the requirements of this section. [The action of closing FSR 371 is not categorically excluded under FSH 1909.15.31, 36 CFR 220.6 et seq., and 7 CFR part 1.b.3.]

5. In addition, and irrespective of whether FSR 371 is or is not a FSR, in many writings, most recently on July 2, 2008, the FS has claimed the closure of this road is due to the protection of a Forester Sensitive Species. This in and of itself triggers NEPA and therefore public involvement. I refer you to 36 CFR 220.6.b.1

6. In a writing dated September 21, 2001 the FS acknowledges that NEPA procedures need to be followed.

All of the above apply and thus the FS’s explanation to the Governor is completely false, without any foundation in law, and hence your conclusion flawed. Moreover, the issue of a Special Use Permit is irrelevant as the area of said permit is under FS control and as per 36 CFR 213.3 does not preclude the application of all other applicable laws such as NEPA. In addition to which, the permit clearly and unequivocally states that the permit holder may NOT keep the public from accessing the permit area.

Please consider that what you mention in your note does not address the issue of FSR 322A and the Order that expired on April 29, 2009 governing the South Platte Ranger District of the Pike National Forest. As you hopefully recall from our phone conversation, you were to ascertain by what legal authority the FS keeps this beautiful area from the public. What did you learn in that regard? If the FS simply extended this Order, they extended an Order that was illegally obtained (the law requires a minimum of 30-day public notice, Coloradans received 2 wks; appeal rights were denied based on a nonexistent law). In addition, this Order calls with specificity for “temporary closure of roads and trails,” that by law are not to exceed one year (36 CFR 220.6.d.8; 36 CFR 220.6.e.8), yet this road/area has been closed to the public for over four years.

Beyond addressing the above, the Governor ought to consider asking the FS to indicate, with specificity, based on what exemption under the law, applying NEPA (36 CFR 220 et seq.) does not apply to the closure of FSR 371, under what legal authority they extended the illegally obtained Order governing the temporary closure of roads in the South Platte Ranger District, and under what legal authority they have kept FSR 322A closed for over four years (an Action that would require the application of NEPA procedures).

I’m afraid that this issue has not been properly resolved and we collectively ask that the Governor’s office hold the FS accountable to the law and has the Agency reopen these roads until such time that it has attained the legal authority to close it.

We are looking forward to hearing back from the Governor. This issue presents him with an absolutely wonderful opportunity to work at the grassroots level and right what is clearly wrong on behalf of Colorado’s citizens. With that said, what can we expect the Governor’s next steps to be and what sort of time-frame may we anticipate the execution of these steps?

Dan

P.S. Please note that our communications are being considered public record and are being shared with thousands of interested and affected citizens and all local media outlets via e-mail and Forums.

--
Dan Wagman, PhD, CSCS

Patriotism is supporting your country all of the time,
and your government when it deserves it.
Mark Twain

[dwagman]

I am very grateful for those who showed up for the meeting with Lamborn. Indeed, all of you should be grateful because these guys and gals stepped up to the plate. In reality, this is NOT about 4-wheeling and the FS closing roads, it’s about an agency in our government contravening the laws of the land. And that incenses me, as I believe it should every American, whether he/she accesses the national forest or not. Of the nearly 2,000 individuals that have expressed an interest in this matter, sadly, only about 10 showed up and gave their country 60 minutes to fight for that which is right. You know what they say; you get the government you deserve.

On that note, all local media had been informed about this meeting, too, and here the turnout was even worse – 0. I suppose to them having a federal agency breaking the law doesn’t rank very high. I’m wondering if they understand what journalism means and what responsibility comes in a nation that believes in freedom of the press.

The way the thing went is that I presented Lamborn with the facts. Basically, I read through this, which was also sent to Governor Ritter:

http://www.bodyintellect.com/forest_...orn_ritter.pdf

You can see that it’s very matter of fact; this is what the FS claims, this is what the law states, this is what the FS needs to explain. Plain and simple. And where you see FS Requirement, the way I put it to Lamborn is to ask him, if HE, for US, would step up and get the FS to address each point with specificity. He agreed to do so via a letter and personal call.

After I was done with my presentation the meeting went to Lamborn and the other citizens. In short, Lamborn explained that there’s only so much he can do. He gave an example of how the District of Columbia is seeking to violate the Constitution by gaining representation in Congress (only states can have representation; DC isn’t a state). Then he illustrated to everyone what he’s already done for us in this particular matter. He went through his folder and told everybody the dates of the letters that he wrote to the FS and the hearing that he asked for from the Committee on Natural Resources (a committee he sits on). It came across to me as if he wanted to make sure that people knew that he was doing something. Sadly, he couldn’t attach any form of resolution to his efforts. THAT, to me, is what it’s about. Trying to get a touchdown, but not making it, doesn’t score any points.

Then several of the other attendees chimed in and raised some good points regarding their views on the topic and illustrated to Lamborn why they believed this to be an important issue. He’s a likeable guy, he was attentive, took notes, etc., but at the same time I got the feeling that he also set us up for not expecting too much from his end – that there’s only so much he can do. He did state that the next step for us might have to be litigation. I can’t help but wonder that if he can’t bring positive resolution to something so cut and dry, what’s his purpose other than pushing a Yea/Nea button in Congress.

Next stop – Ritter…

[ramv]

Good read, I wish I had have seen it earlier.

I am sending my email to the gov's office shortly.

I agree the big picture is agencies breaking the law.

[treepolice]

Good luck.

Option A)
Drive the road. Get caught. Go to trial. Let the court decide. If you are right in your information collection the judge will throw out your citation and the road will have to be opened. If you are wrong you will have a class b misdemeanor on your record.

Option B)
Meet with the district ranger. Most DR's were oligist and don't know alot about the law and make decisions based on an oligist mindset. If you are correct you might be able to point out why you are right and reverse the decision. You might also find out more about why the FS is taking that particular stance.

That's about all I can think to do. If you have already been there sorry I can't think of anything else, that's about all I got.

[dwagman]

Hello All,

So since I didn't hear anything in about 2wks from the Governor's office, I decided to give my contact there a call. Remember Heidi? Well, turns out that she moved on. I suppose that means she's in a different job somewhere else. Nice of her to let me know, eh?

Anyway, the person who's taking over for her is Mike King. It would be great if as many of you as possible could drop him a line via e-mail (mike.king@state.co.us) or give him a ring at 303-866-3311x8655. Without telling you what to do, I'd suggest you simply ask him if he's followed up on the Governor's Worksheet http://www.bodyintellect.com/forest_...orn_ritter.pdf that was sent to Heidi on 8/31.

Thanks for your help,

Dan

[ramv]

Forwarded my message to Mr. King.

[hexal]

Me too

[dwagman]

UPDATE

OK, there’s something pretty humorous here, but let’s get to the serious part first.

I haven’t been in contact because unfortunately there hasn’t been much to share with you. In other words, I haven’t heard anything from Congressman Lamborn nor the Governor’s office. I’m giving Lamborn more time because history shows that he does follow through with what he promises, in this case a letter requesting more detail from the FS. But 6 wks since our meeting with him have passed...

Regarding Ritter, however, as you hopefully recall, this matter was passed on to the Dept. of Natural Resources. The point of contact, Heidi, moved on to a different job so I’ve been trying to get a hold of Mike King, who’s actually the “second in command” over there. He’s outright ignored all of my calls and e-mails. Today I got a hold of him on his cell. He was dismissive, bordering on rude, and could not tell me anything about anything - literally. He suggested I talk to the Governor’s Ombudsmen’s office instead. What a jerk. But he’s got a nice smile (http://dnr.state.co.us/Leadership/De...y+Director.htm). Two calls to his boss, DNR Executive Dir. Harris Sherman have yielded no return calls (http://dnr.state.co.us/Leadership/Executive+Director/). I called again today and left a message...

I called the Ombudsmen’s office and they provided me with one of Ritter’s attorney’s contact info. Placed the call and left a message today. Also, today, I finally broke down and contacted several CO-based attorneys. Meetings next week...

Now here’s something pretty funny. I submitted a FOIA and the FS reply was “no records.” I appealed that in DC and got a letter back from the Deputy Director of the FS. In his writing he confirmed that NEPA needs to be followed in closing this road. But he claims that it’s not a Forest Service Road and includes a map (this is FSR371, Emerald Valley). And guess what, the map identifies this road as FSR 371. How is it that people with such lack of attention to detail can hold down a job????

Will have more as it becomes available...