Forest Service Letter
Closing Trail 67File Code: 2730-3-2
Date: APR 18 2003Mr. Marc Delany
P.O. Box 570
Prescott, AZ 86302Dear Mr. Delany:
On February 3, 2003, the Regional Forester upheld the Decision the Prescott National Forest Supervisor made for the Blue John Private Road Easement Project.
The Prescott National Forest is now in the process of implementing the Decision for the Blue John Private Road Easement Project. Implementation of the project involves: 1) issuing a permit to the Walker Fire Protection Association and, 2) issuing a FLPMA easement for use of the National Forest System lands.
A November 13, 2001 letter from this office to you authorized your motorized use of Trail 67. Your use of Trail 67 was allowed "...pending the completion of the roads analysis and NEPA assessment." That NEPA assessment and roads analysis is now complete. A Special Use Authorization is in the process of being issued to the Walker Fire Protection Association for emergency use only of the portion of Trail 67 above your property. Your motorized use of the portion of Trail 67 above your property is no longer authorized except under emergency conditions.
An August 23, 2001 letter from Bradshaw District Ranger Ernest Del Rio to you gives you permission to use the portion of Trail 67 below your property while a users association is formed to receive a FLPMA easement to use NFS lands. That association is currently being formed. I hope you will work with other property owners to assist in the formation of that users association to apply for the FLPMA easement that will provide legal access to you and your neighbors.
Should you have any questions concerning the implementation of the Blue John Private Road Easement Project or this letter, please contact Ken Simeral at 928.443.8010.
Sincerely,
MICHAEL R. KING
Forest Supervisorcc: Ernest Del Rio
RESPONSE
cc: mking01@fs.fed.us
From: MLDelany@aol.com
To: ksimeral@fs.fed.us,
gmanning@fs.fed.us,
rragos@fs.fed.us,
John_McCain@McCain.senate.gov,
rick.renzi@mail.house.gov,
phxjeff@hposoft.com,
DandS1378660@aol.com,
billydkidd@vcmails.comSubject: Motorized "Trail 67"
Date: Thu, 24 Apr 2003 11:43:16 -0700April 24, 2003
Dear Ken Simeral,
I see you've been assigned to this matter. Thank you for your letter number 7002 3150 003 9091 7065 stating that FS permission to use the road accessing my property is no longer authorized. The FS has reviewed the matter and concluded that it is in the best interest of the community and public to install two new gates, block motorized use of the 500' of road north of my property (or all use?) and require me to obtain a SUP to access my property purchased in 1977 for use of the sole existing FS road (now designated trail 67) that originally provided access, contrary to FS policy and CFR 212.
As you know the Blue John Decision is to install several new gates blocking only my access on this road. The April 18th letter I just received seems to indicate I no longer have legal or physical access to my home. The letter would also prevent emergency use of the road and eventually lead to obliteration of the long used road.
It also seems to state that a SUP is required to use the existing FS road providing sole access contrary to FS policy and law.
Pending Fitzgerald vs United States, or Delany vs United States I will continue to use the road without a SUP. If the FS blocks my only access I will initiate a new suit.
Early on in the process Forest Supervisor Mike King and I met to discuss the problem, which was a small problem at the time. He agreed not to close the road north, particularly for emergency use and assured me it would all work out. At that time I told him that if the FS closes the road, I will obliterate the private portions until the FS decides otherwise and removes any barriers gates, fences, berms, boulders. As long as the FS does not interfere with use of the road I will allow use through my property as needed. I am not sure what the FS expects us to do. Many people hike the road too, it is the oldest road in the neighborhood.
As recent history and extensive FS review shows, the road existed before the PNF, is used administratively by the FS, my neighbors, and the public; it is needed locally; it is an emergency corridor; it is in no way different from the road below my property; there are no resource issues differentiating any segment of the route from any other segment. If the FS continues to target me specifically I will take further legal action as needed. As you are aware this decision affects primarily my access. The decision allows use of the same road for my neighbors and the Walker fire Protection Association, just not me.
If the courts decide the issue I will review the options with the FS then, for the best interest of the public.
Please send me a copy of any draft or current SUP with the WFPA. Please send me a copy of any proposed SUP with a road association affecting my access. Please note that the FS is still holding my application for a SUP to use both segments north and south. Doug "suspended" processing these for unknowable reasons.
Meetings with WO staff including, Gloria Manning Associate Deputy Chief NFS, indicated that the PNF can allow private use of the road and that any individual can apply for a SUP, a road association is not needed. FS Authorization to use a road for emergency purposes is not necessary, it is a statutory right.
A more reasonable agreement that could satisfy all concerns and issues without extensive litigation is readily achievable, the FS refuses to consider these solutions, preferring to litigate all matters. If you would like to discuss reasonable accommodation I am at your service.
Please do not block the road, or impede maintenance of this critical route in the WUI, it will endanger the lives of community members including the elderly, women and children and others unfit to outrun forest fires. Other emergencies have required use of the road. Roads need to be maintained to be of use.
I estimate the FS has spent $37,000 or more to bar my use of this existing road, and to cover up improper actions leading to this. Delany vs United States will cost thousands more. No one understands why the FS is still closing this road, originally the FS said it was a mistake.
The FS has never responded to the question, "Why does this particular segment of trail 67 need to be closed?"
Thank you for your concern. I and the community will appreciate your keeping the road open to the extent possible.
Sincerely,
Marc Delany
PO Box 570
Prescott AZ 86302cc: Gloria Manning Associate Deputy Chief
Senator John McCain attn: Nick Matillia Congressman
Rick Renzi Rick Ragos WOFS
Walker Fire Protection Association
