Tellico Law Suit

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Joined
Sep 21, 2005
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Location
Manchester.TN
The Southern Environmental Law Center on behalf of Trout Unlimited has notified the USFS that if all the violations of the clean water act are not fixed in 60 days they will file a suit to shutdown the area. I will post more info when it is available.:mad:
 
In a nutshell, alleged violations include:

Section 402 of the Clean Water Act (National Polllution Elimination Discharge System)
Section 301 and 404 of the Clean Water Act (Dredge and Fill of Waters of the United States)
Section 401 of the Clean Water Act (State Clean Water Act Certification)
National Environmental Policy Act
Tennessee Water Quality law and standards
North Carolina Water Quality law and standards
Forest Service regulations
 
Honestly right now, I don't know. I would say that Sections 404, 401, 402, and 313 are not appropriate. This is not an industrial facility nor is it a construction site, so I don't think these should apply.

I don't know the Forest Service Rules, so I am looking into that.
I also am not as familiar with NC and TN water quality laws and standards, but I suspect they are similar to Section 402 of the CWA.
The NEPA allegation is also something I am gathering information on. I haven't been involved with actions the FS has undertaken at Tellico, so I don't know if they are NEPA compliant.

Basically, this is a platform for them to sue the USFS and try to force trail closures. That's my take. We have to remember, we are not the ones being sued, it's the USFS, so they have to respond. All we can do is help them with their response and continue to be respectful to the environment and help Roger and Rob with the fantastic work they are doing on the trails. I hope I have the chance to meet with them and SFWDA to see what their take is and if they have a plan.
 
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SFWDA will be releasing a statement and news release eventually. It takes time to get it together and have the land use guy, the PR guy and the lawyer all approve it. I am sure the other side had theirs ready before they sent the letter.
 
From SFWDA:

All,
We at SFWDA are working diligently to help resolve this law suit. Right now the best avenue for our membership and interested parties to do is to write a letter to the Forest Service (be very polite) telling them that you are aware of the pending lawsuit and that you want the forest service to be sure to stand up and support the Upper Tellico ORV area because of the area supplies a recreation needed and wanted for family recreation. Keep the letter short and to the point. Send the letter to the District office in Murphy, NC


Tusquitee Ranger District
123 Woodland Drive
Murphy, NC 28906
828-837-5152

David Borum
Dir. Legislative Affairs
SFWDA
 
Just put out the "call to arms" if you guys need help getting the trails into shape. I assume that is the problem. There are plenty of people that love Tellico that will be willing to come up on a weekend to help Rob. (Oh, Rob, I've got a 5 ton on my military drivers liscense).

Later,
 
The majority of the work is done with a equipment so we don't need a lot of hand labor. What we need are people with real off road experience driving a 5 Ton and someone to run escort. The 5 ton has a 168" wheel base, 98" track width and weighs 30,000 pounds loaded, Tellico is not a great place to learn to drive one off road. We currently have two running trucks, if you are interested in helping please PM Rob and me.
Here is our work schedule, we try to get started around 8 AM:
13-18 July
28-29 July
10-14 Aug.
25-27 Aug.
We are having the most difficulty scheduling help for the week days.
Thanks
 
Here is the news release:
FOR IMMEDIATE RELEASE

CONTACT: Southern Four Wheel Drive Association
Heather Spivey
1483 N. Mt. Juliet Road
PMB # 222
Mt. Juliet, TN 37122
hspivey@bellsouth.net
678-463-7376


Southern Four Wheel Drive Association Protecting
Environmental Health of the Upper Tellico ORV Area

Southern Four Wheel Drive Association (SFWDA) is acting to address statements made against the U.S. Forest Service alleging violations of the Clean Water Act and other federal and state laws at the Upper Tellico Off-Road Vehicle (ORV) Area in the Tusquitee Ranger District in the Nantahala National Forest. The North Carolina Council of Trout Unlimited and Tennessee Council of Trout Unlimited accompanied by Public Employees for Environmental Responsibility (PEER) and the Southern Appalachian Biodiversity Project have threatened to sue the United States Forest Service on grounds that they have violated the Clean Water Act and other federal and state environmental regulations. The groups are demanding the Forest Service close a significant number of the designated ORV trails. This notice represents a formal threat of suit clearing the grievants' path to the courthouse should the agency refuse to capitulate to their demands.

Known as the Upper Tellico Off-Road Vehicle (ORV) Area, Tellico is one of the premiere facilities for four wheel drive enthusiasts in the country and offers a variety of experiences for different types of off-highway vehicles. The Tellico ORV Area also provides significant economic benefits to the tri-state region surrounding the area, including North Carolina, Tennessee, and Georgia

Commenting on the recently filed notice, Heather Spivey of the Southern Four Wheel Drive Association, said, “We are reviewing the notice of intent to sue and intend to provide more accurate information for the US Forest Service to consider.”

Southern Four Wheel Drive Association (SFWDA) provides extensive environmental stewardship in the area including restoration of trails and surrounding environment, installing silt screens and traps, building bridges to protect stream quality, and constructing trail head facilities such as parking lots, loading ramps, signs, bulletin boards, and restrooms.

Spivey, who has over a decade of water quality regulation experience, also stated, “It appears at first blush that the erosion issues recently publicized by the involved parties are inaccurate. They failed to account for the significant investment from Southern Four Wheel Drive Association (SFWDA) and their membership to improve erosion control measures and to remedy siltation issues within the Upper Tellico ORV Area.”

In 2005 and 2006 alone, SFWDA volunteers contributed thousands of hours of labor, equipment, and materials valued at over $100,000.

“Southern Four Wheel Drive Association is committed to preserving the Upper Tellico ORV Area while protecting the water quality and trout populations of the Tellico River. Our Association is made up of member clubs consisting of sportsmen that also hunt, fish, and believe that everyone should have the right to enjoy their public lands, including motorized family recreationists”, stated David Borum, nationally-known Director of Legislative Affairs for Southern Four Wheel Drive Association.

Southern Four Wheel Drive Association is working with the BlueRibbon Coalition and United Four Wheel Drive Associations and their attorneys to ensure that motorized recreation stakeholders interests are protected when legal proceedings are initiated by the involved parties.

# # #

Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. Since the formation of Southern Four Wheel Drive Association, the focus and mission is to promote responsible land use and to help keep public lands open for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit www.sfwda.org or contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122

United Four Wheel Drive Associations (UFWDA) is the global leader of all-brand four wheel drive enthusiasts. UFWDA is a group of individuals, clubs, state, regional, provincial and national associations and businesses in the United States and around the world with members spanning the globe from the U.S. and Canada, New Zealand, Australia, England, Japan, South Africa, and Iceland. If you would like more information on how you can be a part of this effort contact United Four Wheel Drive Associations today at 14525 SW Millikan Way #22622, Beaverton, OR 97005-2343, 1-800-448-3932 or visit www.ufwda.org.

The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742 - http://www.sharetrails.org
 
I've followed along with a few of the threads on this problem. I might be able to help.. maybe.. I am in the consulting business also. Is there a digital copy of the allegations?
 
I've followed along with a few of the threads on this problem. I might be able to help.. maybe.. I am in the consulting business also. Is there a digital copy of the allegations?

Send me a PM with your info and I'll get one to you.
 

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