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
CLAIMS
AND STATEMENT OF REASONS
National Environmental Policy Act
NEPA’s “rigorously explore” & ensure
scientific quality and accuracy
Multiple Use Sustained Yield Act
National Forest Management Act (NFMA)
National Historic Preservation Act (NHPA)
The FONSI is "arbitrary ,
capricious"
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.
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.
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.
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 |
|