Monday, June 20, 2016

USFS SET TO DESTROY SUGAR CREEK ROAD TO CINNABAR

Apparently,  the USFS is set to destroy Sugar Creek Road to Cinnabar, Idaho.
Between 1995 and 2008, the Forest Service unlawfully removed Sugar Creek Road from Motor Vehicle Use Maps with zero public input, violating federal laws including NEPA and the 2001 Roadless Rule in the process.

36 CRF, Section § 212.52 Public involvement.

(a)General. The public shall be allowed to participate in the designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands and revising those designations pursuant to this subpart. Advance notice shall be given to allow for public comment, consistent with agency procedures under the National Environmental Policy Act, on proposed designations and revisions.




Also: Forest Service uses endangered species as political tool:

http://tinyurl.com/USFS-RED-HERRING




If you want to stop the Forest Service from destroying the road to Cinnabar,  please write Senator Mike Crapo or submit your public comments to Anthony Botello, Krassel District Ranger for the Payette National Forest.

His email is:

abbotello@fs.fed.us
Or:
comments-intermtn-payette-krassel@fs.fed.us

Phone number:
Office: 208.634.0601
 Cellphone:     208-634-9286     
 Forest Office: 208.634.0700

 FOREST SERVICE BLOCKED SUGAR CREEK ROAD USING BOULDERS

 Cinnabar, Idaho is one of the most historical and intact ghost towns in America.
   Even though it is mostly on private land, the US Forest Service has unlawfully destroyed several buildings which were registered under the national list of historical places at Cinnabar, Stibnite, RooseveltChamberlain Basin, Cabin Creek   and the surrounding areas.

Which is a clear violation of the 1966 National Historical Preservation Act.

Among other things, the act requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties (buildings, archaeological sites, etc.) through a process known as Section 106 Review.

  It is believed by many that the Forest Service destroying the road to Cinnabar is just the first step in the Forest Service bulldozing the town. Afterall, they closed the road for a short while in 1992 then bulldozed three historical cabins behind locked gates, hoping the public and private landowners would not notice.

 Similar to what the Forest Service did to the entire town of Cabin Creek around the same time period.
 The Payette National Forest Management Team stated they "accidentally" burned five historical landmarks and over 35 once privately owned homes, businesses to the ground at Cabin Creek.

 
Read about the unlawful destruction of Cabin Creek here:  http://tinyurl.com/Forest-Service-Tiny-Brains

   To be clear, all 40 or more buildings were destroyed by fires intentionally set by current Payette National Forest Management Team members. Five of the buildings at Cabin Creek were on the National Register of Historical Places.

No Payette National Forest Management Team members were ever held accountable for their transgressions against the American people as the official report of the matter deemed it an "accident "(aka, "incompetence").

BOULDERS PLACED AT START OF SUGAR CREEK ROAD BY PAYETTE NATIONAL FOREST


UPPER ROAD IMPASSABLE ON 06/20/2016

*Forest Service has unlawfully placed giant boulders closing Cinnabar Road. Upper road is "open" by the Forest Service but is unsafe to travel or snowed shut for the majority of the year *



Below is the letter I recently wrote regarding the unlawful closing of Sugar Creek Road to Cinnabar: *RESPONSE *

Anthony,

For obvious reasons, there are many of us who feel that the Payette National Forest management team has been nothing but dishonest about their intentions to destroy Sugar Creek Road into Cinnabar. 

I would like some clarification,  and some reassurance that the rumors are not true? 
And if they are, what we as concerned members of the community can do to stop you from destroying one of the most historical routes in all of Idaho?

HISTORY OF MISLEADING 

Forgive my mistrust. 
You may remember how the PNF misled the public regarding unlawfully closing my driveway a few years ago,  violating NEPA by holding public comment sessions in Boise. 152 miles away. Instead of  "the nearest affected community "(Yellow Pine 1 mile, McCall 50 miles, Cascade 62 miles, Donnelly 82 miles, Clear Creek  84 miles, Smith's Ferry 95 miles, Horseshoe Bend 121 miles.....etc) as required by law. 

Nearly 400 people flooded your office with letters as a result of that breach of public trust by your office. In fact,  Krassel District Ranger  Joe Harper stated "if you don't like it then sue us" regarding the unlawful closing of my driveway and Sugar Creek Road by the Payette National Forest. He seemed to want a showdown between the public and what is now your office. 

Which prompted more than 400 public 
Comments [more than 650 pages, 260 pages of which] you can see here:


ARE YOU CONTINUING JOE HARPER'S "SO SUE ME" MANNER OF DEALING WITH THE PUBLIC?


The Sugar Creek Road is far more important to the public than my driveway ever was. The only reason your office hasn't been flooded already is that very few people know about your plans for destroying Sugar Creek Road. 


FOREST SUPERVISOR DISRESPECTS ELDERLY HANDICAPPED COUPLE 

The environment that the Payette National Forest Management Team has created with the public is a very confrontational one.
I attended nearly every meeting during the public scoping period for the Big Creek and Yellow Pine Travel Plan. I was there when very teary eyed wheel chair bound elderly citizens were told by Suzanne Rainville "maybe you should live somewhere else if you can't hike the six miles into Cinnabar ". Incredibly insensitive words spoken by the Payette National Forest Supervisor Suzanne Rainville  to Jim and Viola Earl, who have been using Sugar Creek Road into Cinnabar since the mid 1930s.

I will never understand the level of disrespect high level Payette National Forest officials have shown upstanding citizens of the local community who also pay taxes which pay your wages.....but I digress.....

At the same time,  a representative from the regional office pointed his finger at the crowd (in condescending fashion) stating "you people think that you are more important than fish,  but that's not always the case".

IGNORING THE INTENT OF LAW

I have thoroughly read the 2001 Roadless Rule along with NEPA,  The Clean Water Act, the Wilderness Act.

Each one of those laws puts "socioeconomics" and "public opinion" in at least equal consideration with the environmental aspects of the subsequent laws. Your unlawful closing of Sugar Creek Road demonstrates you don't put much thought into thinking about what the public wants? 

USING FALSIFIED DATA TO FURTHER YOUR AGENDA

Clem Pope knowingly and willfully falsified the socioeconomic study he conducted on behalf of the Payette National Forest for the Big Creek and Yellow Pine Travel Plan,   stating  "one job" would be affected by the road closures you are enacting. 

It has been pointed out repeatedly that there are in fact 16 or more businesses based in and around Yellow Pine. Yet the Payette National Forest continues to knowingly and willfully use deliberately skewed information it knows works in the favor of the Forest Service agenda for closing roads.

YOUR EXCUSE "WE CAN'T BUILD IT" DOESN'T HOLD WATER

I and several members of the public have often volunteered to assist the Forest Service with my finances, blood, sweat and tears. To date, the Forest Service,  or at least the Payette National Forest,  seems unwilling or unable to work with a very large group of volunteers for the purpose of keeping roads the public overwhelmingly wants open. 

Scoping Meetings:

Former District Ranger Joe Harper stated (during scoping meetings) that "nobody uses Sugar Creek Road "  so "we can't justify spending the money " to "build a bridge " that  "nobody will use".

*Your own emails I recently obtained through FOIA show that an average of 43 or more vehicles per day (possibly hundreds of people per day) travel Sugar Creek Road to Cinnabar*

After the crowd finished erupting with dismay at Joe Harper's assertion "nobody uses the road ", several of us offered to  raise funding and volunteers to build the bridge. 

He of course dismissed our offers of help, seemingly already have made up his mind to destroy the road and to further anger and ever increasingly larger segment of the public. 
You seem to be continuing Joe Harper's "so sue me" attitude towards public outcry over closing Cinnabar Road?

I THOUGHT WE HAD AGREED TO DEAL WITH ROAD CLOSURES IN A PROFESSIONAL MANNER?

When you and I finally settled the differences over my driveway,  we agreed to work together on these types of issues. 

That's why I'm reaching out to you now with an olive branch. Before turning those 400 angry letters to your office into 4,000.

The public is not going to accept the destruction of Cinnabar Road just because Payette National Forest Management would like them to.

28 comments:

  1. Would it be possible to get the land owners involved because I believe the USFS has to provide access to private land. They should have a travel easement?

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    Replies
    1. The landowners are fighting under ANILCA but don't have the money to build the bridge the Forest Service wants.

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    2. Take a look at Idaho's laws regarding something called Right of Ingress/Egress. Meaning a road or entry to property adjoining other property that had previously been in use and recognized must remain open and maintained to accommodate property owners who would be blocked from entry to their property if that avenue is closed off.

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    3. if they really want to close the road/destroy it.. maybe make the USFS pay for flights in and out of the area instead of building a bridge (yeah I know highly impractical, but hey why not Alaska is like that in many small rural communities but this isn't Alaska)

      They should have thought about the implications of messing with land they had no business touching

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    4. The USFS (any landowner actually)has to permit access to in-holdings, but not to provide access. I am not familiar with this case so I am only speaking generally. Also, if there is access to an in-holding from another road or another direction that provides more latitude to close roads. There is no guarantee of the most convenient access. In this case, it may be possible to for the private landowners to retain access on this road, but they would have to assume maintenance responsibilities. All this assumes that there is no formal, memorialized easement that spells out the requirements for both parties.

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  2. Two words (Agenda 21)

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    Replies
    1. Exactly. But most people who work for the Forest Service are what Vladimir Lenin would call "useful idiots ". Too ignorant to see the bigger picture. Fully willing to drink the Kool Aid and mindlessly follow the other lemmings off of the cliff without ever wondering why the leadership wants them to jump off of cliffs in the first place.

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    2. They only see as far as their next paycheck.

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  3. Its time to abolish the Forest service

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    Replies
    1. Write your congressman and tell him that. Also, Congressman Raul Labrador has a proposal for turning control of federal lands over to the states. To better comply with Article I, Section 8, Clause 17 of the US Constitution, since the land belongs to the states. NOT the federal government.

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  4. There is a law, RS2477 that prevents the Forest Service from closing roads that predate the Forest. There has to be a clear historical record of the roads existence. One way to do that was record the right of way with the appropriate county. I believe another way to prove "quiet title" for roads that predated the Forest is to provide historical photos or other documentation of the road.
    https://en.wikipedia.org/wiki/Revised_statute_2477

    ReplyDelete
    Replies
    1. Thank you for your input. The problem with RS-2477 jurisdiction assertions is that they are generally difficult to prove. Even when you do submit overwhelming proof, such as exists in this case, the Forest Service simply ignores it. And counties or other local governments don't have the gargantuan budgets the Forest Service has that they can devote to lengthy court battles. It's time to write your senators to reduce the Forest Service budgets that get used to bulldoze over the top of local communities.

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  5. What the hell is wrong with these people, ( the forest service ) don't they live in this community

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  6. Agenda 21, 2030, 2050. Idiots have to keep moving the date up because they can't accomplish thier agenda.

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  7. I think they need to reopen the road and tell USFS to leave it alone and follow the RS2477 LAW!!!!

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  8. Perhaps it would help to distribute a petition via the internet in order to make others, such as myself, aware of the issue. Thatprovidse us the opportunity to sign it so it can be delivered to those who can prevent these illegal and unethical road closures. Here is a link to one, for example, from which I receive petitions.

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  9. I agree with everything i have read so far. I was raised in McCall and spent many of my summers stomping around in the same areas you folks are discussing. But I will tell you this jumping on the internet to distribute a petition is about as useful as hitting yourself in the face with a brick. ( it will feel good when you stop doing it.) I say this because no petition ever produced on the internet has any merit or legal standing because there is no signature verification as in 1 person can sign it under 30 different names. If you want to do a petition do it right. Make up the petition, get it out to the people , get it signed, then get it in front of the people that need to see it. Not easy. Nobody said it would be easy. But the social network is not going yo solve this problem it is just ging to make more people aware. I no longer live in idaho but Idaho still lives in me. Keep fighting the good fight and i hope you Kick the forest sevices ass.

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    Replies
    1. You have a valid point Don. My question is if I can sign legal docs by e sign why is it so hard to do a petition via internet, It would just require a registration process right?

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  10. If there was ever a mail route there. They cannot legally come this road.

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  11. Trump cannot fix it, if he does not know whats going on, TELL HIM WHATS GOING ON.

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  12. Stop closing roads, usfs, stop burning private buildings, follow the law. My signature will be on any petition against this and the closing of roads or destruction of peivate prooerty or historic towns in idaho

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  13. That is what (they) do. Take our cattle. Take our land put us in jail for building a pond,for setting a back burn. Telling up what to do with our on property. They are getting to big. And we all need to come together and stop them

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  14. Sick of federal government confiscation our land to shut it off to we the people. The power of unelected officials is ridiculous in a Republic. Congress has surrender it's power to these government beuracrats.

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  15. Contact DC white house threw reps. I bet rangers or government employees involved can be fired. One of trumps pet promises was to end government land grabs and access shut downs.

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  16. I was at Cinnabar in October. The road has been destroyed. They erected a gate at the head of the road. Where the bridge used to be they cut down trees and laid them down for around 50 feet on either side of the creek. Preventing anyone who made it past the gate from getting any farther.

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  17. Is there any updates on this since the first brought to light?

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