Payette Road Closure Appeal Meeting
From: Scott Amos
Regarding: USFS final decision closing backcountry roads near Yellow Pine and Big Creek.
Some folks from Yellow Pine are still not aware that they can appeal the USFS road closures. Therefore I’m trying to set up a meeting in town to help people file appeals.
The tentative date for the meeting in Yellow Pine is on Saturday, May 22. The location and time will be worked out as soon as I can strike a deal with the Silver Dollar Grill or obtain use of the community center. If all else fails I will invite the town to drive up the road to my property which currently has a USFS road closed sign and that would make a fitting setting for a road closure meeting.
In the discussion I will include a form and where any appeals need to be mailed or faxed. I will fax the appeals for individuals if they don’t have the means to do so.
If people are thinking of filing appeals on their own, I’ve found these rules the USFS has for them:
1) You had to submit comments during the allowed timeframe back in August or September and they had to be written comments.
2) You must be specific as to why you’re appealling the decision.
3) Appeals must be filed within 45 days of the posting of the final decision.
I’ve filed appeals based on:
1) No economic impact study was done for Yellow Pine and Big Creek, which violated the 2001 roadless rule.
2) Many of the roads which the USFS is closing are RS2477 roads, which are state and county property by federal law and which the USFS has no jurisdiction.
3) Additionally, the USFS is closing many roads which they did not hold public comment on, which further violates the 2001 roadless rule.
4) The USFS is enacting procedures they want to see that would be granted to them by the 2001 roadless rule. However, the 2001 roadless rule in its entireity has been declared illegal by US district court judge from Wyoming and therefore has not passed into law yet. Any actions under the 2001 roadless rule would currently be illegal.
People wishing to discuss these issues further can call or email me (contact Scott via W.I.S.E [here])
Sincerely,
Scott Amos
The Payette NF road closure final decision notice is [here]
Judge declares 2001 roadless rule illegal [here]
Update: the meeting will be held at the Silver Dollar Cafe on Saturday, May 22, 2010 at 4 pm.
Please post anywhere and everywhere or for anyone who can’t attend the meeting in Yellow Pine on May 22, here are the instructions on how to appeal.
Big Creek-Yellow Pine Travel Plan (Snow-free Season) Project Decision Notice/FONSI
Appeal Opportunities
This decision is subject to appeal pursuant to Forest Service regulations at 36 CFR 215. Appeals must meet the content requirements of 36 CFR 215.14. Only individuals or organizations who submitted comments or otherwise expressed interest in the project during the comment period may appeal. Appeals must be postmarked or received by the Appeal Deciding Officer within 45 days of the publication of this notice in The Star News. This date is the exclusive means for calculating the time to file an appeal. Timeframe information from other sources should not be relied on.
The Appeal Deciding Officer is Suzanne Rainville, Payette National Forest Supervisor.
Appeals must be sent to: Appeal Deciding Officer, Intermountain Region USFS, 324 25th Street, Ogden, Utah 84401; or by fax to 801-625-5277; or by email to: appeals-intermtn-regionaloffice@fs.fed.us. Emailed appeals must be submitted in rich text (rtf) or Word (doc) and must include the project name in the subject line. Appeals may also be hand delivered to the above address, during regular business hours of 8:00 a.m. to 4:30 p.m. Monday through Friday.
Implementation of the Decision If no appeals are filed within the 45-day time period, implementation of my decision may occur on, but not before, the 5th business day from the close of the appeal filing period. When appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition.
Contact Person, Signature, and Date For further information or a copy of the Big Creek Yellow Pine Travel Plan (Snow-free Season) and Big Creek Ford Project EA and the Big Creek Ford DN/FONSI, please contact Paul Klasner, Payette National Forest, 800 West Lakeside Avenue, McCall, ID 83638; Telephone: 208-6340630, Fax: 208-634-0641.
The link on the final rule is [here]