Martin Taylor

Center for Biological Diversity

PO Box 710

Tucson AZ 85702

(520) 623 5252 x 307

 

Steve Chambers

Ventana Wilderness Alliance

PO Box 506

Santa Cruz, CA 95061

(831) 425 1787

 

BEFORE THE REGIONAL FORESTER

OF THE PACIFIC SOUTHWEST REGION

OF THE UNITED STATES FOREST SERVICE



In Re: Appeal of the Decision Notices and

Findings of No Significant Impact for the

Alder Creek, Buckeye, Cozy Cove, Gorda,

Salmon Creek, San Carpoforo, Twitchell

and Torre Canyon grazing allotments in the

Monterey R.D., Los Padres National Forest.



APPELLANTS’ NOTICE OF APPEAL,

STATEMENT OF REASONS

AND REQUEST FOR RELIEF



Dated this 21st day of December, 2001


NOTICE OF APPEAL. 3

Timeliness of Appeal 3

Standing of Appellants. 3

BACKGROUND.. 4

CLAIMS AND STATEMENT OF REASONS. 5

Endangered Species Act 5

National Environmental Policy Act 10

NEPA’s “rigorously explore” & ensure scientific quality and accuracy. 15

Multiple Use Sustained Yield Act 22

National Forest Management Act (NFMA) 22

Wilderness Act 27

Clean Water Act (CWA) 28

National Historic Preservation Act (NHPA) 29

The FONSI is "arbitrary , capricious" 29

CONCLUSION.. 32

REQUEST FOR RELIEF. 32

DOCUMENTS CITED.. 33

 


 

NOTICE OF APPEAL

This appeal is brought by the Center for Biological Diversity (CBD) and the Ventana Wilderness Alliance (VWA).  Notice is hereby given pursuant to 36 CFR 215.7 that the CBD and the VWA appeal the Decision Notices (DN) and Findings of No Significant Impact (FONSI) issued on November 1, 2001 by the Responsible Officials (RO) Acting Monterey District Ranger John Bradford and Forest Supervisor Jeanine Derby and which reauthorize continued livestock grazing on the ALDER CREEK, COZY COVE, GORDA, SALMON CREEK, SAN CARPOFORO allotment and to cancel grazing on the BUCKEYE,TWITCHELL and TORRE CANYON grazing allotments.  Appellants request a remand of the DNs, and a stay of all livestock grazing until a valid final Environmental Impact Statement for all allotments is prepared that is in conformity with existing law.

Timeliness of Appeal

This appeal is filed in a timely manner. Under 36 CFR 215.13 this appeal must be filed within 45 days of the date of publication of legal notice.  The DNs notify the public of an appeal deadline of December 22, 2001.

Standing of Appellants

Appellant Center for Biological Diversity (CBD) is a non-profit conservation group with over 6000 members dedicated to protecting and restoring the deserts, rivers, forests and wildlife of the Western United States. CBD claims standing per 36 CFR 215.11 to participate in the Forest Service decision-making process based on its ongoing involvement with Los Padres forest management, and based on its involvement as an "interested public" in the National Environmental Policy Act (NEPA) process on these allotments.  The CBD submitted comments on the Environmental Assessments for these grazing allotments on April 16, 2001.  Many of CBD's members and staff regularly use this allotment for work, recreation, wildlife observation, scientific research, and other forest and grassland related activities.

Appellant Ventana Wilderness Alliance (VWA) is a non-profit conservation group composed of more than 160 dues paying members from all walks of life, a board of advisors and several corporate supporters.  The VWA mission is to protect, preserve, enhance and restore the wilderness qualities and biodiversity of the public lands within the northern Santa Lucia Mountains.  VWA claims standing per 36 CFR 215.11 to participate in the Forest Service decision making process based on its ongoing involvement with Los Padres forest management, and based on its involvement as an "interested public" in the NEPA process on these allotments.  The VWA submitted scoping comments to these eight proposals on August 23, 1999.  Comments on the eight Environmental Assessments for these grazing allotments were submitted on April 12, 2001, with an Addendum sent on April 16, 2001.  Many VWA members regularly use these allotments for volunteer work, recreation, wildlife observation, scientific research, and other forest and grassland related activities.

Appellants’ members and staff are all U.S. taxpayers who have unwillingly borne the monetary and ecological cost of the taxpayer-subsidized federal grazing program on our public lands.  Appellants find that livestock grazing is a land use that degrades and harms values and interests held by appellants.  These decisions, by allowing this degrading activity to continue, significantly and negatively affect appellants’ interests and values by permitting livestock grazing in areas used and valued by members of the appellants’ organization.  These decisions furthermore involve effects not analyzed in the project records that also directly and significantly degrade and harm public land uses and values for the appellants.

BACKGROUND

Table 1 summarizes the essential features of these allotments:-

Allotment

Acres

Special areas

Present

use

Proposed

use

Other actions

Alder Ck

2525

Wilderness

MA 42, 48

5 horses yearlong

8

horses, yearlong

none

Buckeye

2,829

Wilderness, MA48 (Recreation)

vacant

20 feb-jun

Actual decision to maintain vacant

Cozy Cove

256

MA 42 (Recreation)

vacant

25 jan-apr

Add to MA 42,

2 spring exclosures

Gorda- Mill Ck

17,112

Wilderness in Mill Unit

25 apr-aug

35 feb-jun

 

Gorda-Pacific V.

 

 

50 apr-oct

40 apr-aug

1/4 mile + 450 ft of new fences, move corrals, protect Native Amer. site

Gorda-Plaskett

 

 

30 apr-oct

35 feb-jul

 

Gorda-Prewitt

 

 

20 apr-oct

45 feb-jul

Divide into 2 past

Salmon Ck

360

MA 42 (Recreation)

vacant

4 yearlong

none

San Carpoforo

3,570

(5696)

Wilderness,

MA 42, 48

118 yearlings Nov-May