King Pin SOFA
August
2004
Subject: Prescott National
Forest continues to waste vast sums to close/open roads
Date: Fri,
6 Aug 2004 20:38:34 -0700
Dear President George Bush, Senator John McCain, Undersecretary Mark Rey, Congressman Rick Renzi, Chief Dale Bosworth, USDA FS OGC Jim Snow, USDA FS Civil Rights Lorna Y. Lewis, USDA FS WO Jack Craven, SWR3 Regional Forester Harv Forsgren, GAO staff,
Today's forest news:
I know you are all interested in the USDA/FS and "fairness" issues..including
public accountability, and local participation, as required in FS decisions.
I received the attached email today. As you may know from previous correspondence, from 2001 through today the PNF/USDA FS has spent an estimated $50,000 (and still counting) to conduct a full NEPA process, and to defend against the legal challenges of residents trying (so far unsuccessfully) to prevent any closure of our local residential access roads, 9404H and "trail 67", where they necessarily cross into PNF managed lands, minor segments of an historic (pre PNF) multi jurisdictional "public highway".
This month, the PNF announced it wants to use this road they just closed, 9404H, and the local collector roads, including trail 67, (my road), (according to the original 1994 permit) for the "ongoing mining operations" noted below. A minimum of 100 ten yard dump truck loads, 200 round trips, with all associated blasting, and groundwater disturbance through the middle of a residential community. No public comment offered. I asked the PNF staff if public comment is required, they are looking into it.
Today, while still claiming this road was closed April 2003 (and 1989), with that matter still in court, the PNF is preparing to simultaneously argue there is and has been, ongoing, (since 1994), via a SUP pertaining to this mine's operation, an open road serving the mine, 9404H.
It is mind boggling how much USDA FS funding is being diverted to closing and opening this same road segment (100 yards). Please look at the record. This is not counting other federal resources, or state, local and private resources. The FS manages about 400 yards of the disputed segments.
A newly discovered condition will add an interesting twist: Since the 2001-2003 closure, the area in question, and roads under permit, were included in a new PAC ("Wolf," Protected Activity Center, spotted owls). Presumably the drilling, blasting, and trucking will be curtailed during breeding season.
There was no consideration of this PNF authorized ongoing use of 9404H in the extensive NEPA process document (some 198 attachments), "The Blue John Proposed Action 2001-2003." The road was therefore closed, then abandoned unofficially by the county and officially by the FS. It is now private in important segments, with no legal access to the mine site possible.
If there was access, as the recent decisions stand now, the FS is forcing the liability for loaded ore trucks blindly lumbering down a one lane, 25% slope unimproved dirt road, from the US governments responsibility to..... a road association of modest home owners (currently, still prohibited from maintaining the road), and the county.....
I think PNF Supervisor Mike King is prepared to spend another $50,000 for a new NEPA and all subsequent legal challenges. It's taxpayer money, that's what it's there for, "plenty of money for litigation". I will let you know what happens, but we would all appreciate your direct intervention in preventing these arbitrary and capricious actions of the PNF. Please restore full access for residents across FS managed public lands. If it can be mined, we should be able to cross it to reach home without going to court every few years.
The PNF is creating seriously hazardous conditions, for unexplained reasons.
Marc Delany
5755 Kingpin Lane
on behalf of taxpayers
everywhere and
Walker Community
Prescott
AZ 86302
928 541-1883
Mr. Delany -
Based upon your e-mail request and our conversation on the telephone on Wednesday, August 4, I'd like to suggest we schedule a date and time when you could come into the office, review the King Pin folder and mark the specific documents you would like to receive. The first 100 pages will be free. Any pages over that will be charged at $0.20 per page and payment will be required in advance of you receiving the documents.
I understand you will be out of town for the next couple of weeks. I will expect you will want to come in shortly after your return.
To answer your other question in your e-mail. You will be placed on the list to receive a scoping letter that will outline the King Pin project.
The proposal is a continuation of underground exploratory drilling activities to remove approximately 1000 cubic yards of material from an existing adit. At this time, only one site is proposed for activity.
If you have any other requests please submit them in writing so that we may response appropriately.
It would be helpful to include the project name, such as, King Pin, in the subject line of e-mails.
Vicki A. Clay
Lands and Minerals Team
Prescott National Forest
344 S. Cortez St.
Prescott, AZ 86303
928.443.8013 desk phone
928.443.8008 FAX
Schedule
of Proposed Action
(SOPA)
01-JUL-04 to 30-SEP-04
SOPA: Prescott National Forest
Project Name
King Pin/Paystreak Mines DM
Project
Purpose
- Mineralsand
Geology
Planning
Status
In Progress: Scoping start 05/27/2004
Decision
Exptd:07/01/2004
Expected
Implementation:
07/01/2004
Project Contact
Vicki
Clay (928) 443-8013 vclay@fs.fed.us
Description:
Prospecting for mineral resources uunder the U.S. Mining Laws.
Location:
UNIT- Bradshaw Ranger District. STATE- Arizona. COUNTY- Yavapai. LEGAL-
T12.5N, R1W, Sec 19. About 1 mile west of the community of Walker, southeast
of Prescott, Arizona. Location: 07/01/2004 DM
