Tellico lawsuit filed (1 Viewer)

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4WD School

4WD School

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TELLICO LAWSUIT FILED
May 18, 2010

The next chapter in the Save Tellico saga began today as suit was filed to stop agency efforts to eliminate long-existing routes at the Upper Tellico OHV System. The suit was filed by Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbon Coalition in U.S. District Court for the Western District of North Carolina.

“This is a logical and necessary action in our effort to restore some form of meaningful OHV access to the System,” said Roger Theurer, President of Southern Four Wheel Drive Association. “The entire premise behind this closure- that water quality is uniquely flawed in the Tellico River- is simply untrue. We hope through this suit for an opportunity to present the full story,” Theurer concluded.

On April 19, 2010, the Forest Service posted a solicitation for bids, seeking contractors to perform various tasks to rehabilitate, obliterate, or otherwise decommission the bulk of existing roads on the OHV System. According to the complaint, routes historically used for vehicle travel may be fundamental to other forms of recreation, and possible impacts on nonmotorized recreation activities have not been analyzed by the Forest.

“We prefer to work collaboratively with the Forest to provide appropriate vehicle-based recreation opportunities in the area,” observed Greg Mumm, BlueRibbon Executive Director. “We remain committed to such prospects, but faced little option short of filing suit to preserve reasonable alternatives involving the System. These roads are literally on the verge of being removed from the landscape,” Mumm concluded.

# # #​
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/

United Four Wheel Drive Associations is an international organization comprised of four wheel drive enthusiasts, clubs, associations, and businesses dedicated to providing community services around the world, education in responsible land use and safe vehicle operation, and protection of our natural resources through conservation practices. 1-800-448-3932. http://www.ufwda.org/


Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit http://www.sfwda.org/ or contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122
 
thought it was time to get you guys burning again. Here's a few comments from Pirate I've read recently including some eye witness accounts:

From Dave Logan:
"Yes, the contractor is in Tellico working on the trails.

Trails 4 and 6 are being smoothed for easy access, the remaining trails are being decommisioned."
​

And

from mxcr ( a local guy up there)​
"the steep set of switchbacks on #1 that they're going to re-route. It's pretty close to where the private road with the gate is.
I rode thru that road (#1) today, just looking around.
State Line (#6) is a gravel road now,, and there was a dozer parked a
little way up #4."​

The rest of it you can read here:Tellico - Pirate4x4.Com Bulletin Board

To be fair, SFWDA is indicating they are aware, not surprised, and acting accordingly with both short and long term goals...


Contracted to:
Contract Award Date: May 28, 2010
Contract Award Number: AG-4419-C-10-0432
Contract Award Dollar Amount: $1,041,851.00
Contractor Awarded Name: Williams Construction & Cabinetry, Inc.
Contractor Awarded Address: 7860 Yellow Creek RD, Robbinsville, North, Carolina 28771
 
Southern is actively engaged at a number of levels, locally and nationally with what's going on in Tellico.

I can't say anything further right now. When we have news, we will post it.

I will say that I have personally walked some of the trails recently... ;)
 
Dave Logan said:
Southern is actively engaged at a number of levels, locally and nationally with what's going on in Tellico.

I can't say anything further right now. When we have news, we will post it.

I will say that I have personally walked some of the trails recently... ;)
Click to expand...

passing along support to ya...

Is there anything you can report publicly in regards to on-site activities?
 
Wow, that actually gives me some hope. Looks like someone's hand has been in the cookie jar.
 
informationjunky said:
Wow, that actually gives me some hope. Looks like someone's hand has been in the cookie jar.
Click to expand...

I dug into it a little last night and the first 8 or so pages are a very intersting read. Clearly they've screwed up the "repairs" process: lack of proper permitting, wetlands issues by the contractor and sub., working beyond their scheduled SOW.

It will be interesting if this has teeth or it could just get swept away like the trails have been. Xing fingers!!
 
Oh, I def think this has teeth. It was very well written and supported with references to previous statements & regulations that contradicted what the FS did. The FS ignored their own rules and those of the Clean Water Act.
 
BMThiker said:
Oh, I def think this has teeth. It was very well written and supported with references to previous statements & regulations that contradicted what the FS did. The FS ignored their own rules and those of the Clean Water Act.
Click to expand...

Oh I agree on all accounts. BUT, as we've learned, the truth has little bearing in this argument. :bang: The contractor (& sub) will be probably be given a minor fine and the FS a little slap on the wrist. the question then becomes: Now what?

Beleive me, i hope I'm wrong and that you're right, but I know that bending rules and lack of a permit does not reverse the process or the ultimate outcome.
 
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I still think there were some back door deals done by some of those folks to close tellico for other purposes.
 
Like that's not going to stir up alot of dirt!!!!!
 
Very well written. It is also interesting that all of the "water quality" investigations based on macroinvertebrates demonstrates no effect. That alone should shoot down TU and the water quality issue. It would still be very interesting to have a season based sampling done for both macroinvertebrates and brook trout.
 
Water Quality was never the real issue. The FS was trying to sell the trees and couldn't do it with the ORV park open. TU became a pawn in the situation and were used as an excuse to remove the ORVs because they "caused runoff and damaged the river quality", which was never proven and dis-proven several times.
 
Mike,

It might not have been the real issue, but it is what the EIS and closure was based on. The work Caliber Engineering did, the NCDWQ, and the master student was all aimed at demonstrating a loss of water quality, loss of species diversity and resulting loss of the southern Appilachian brook trout. I remember the TU lead, Sticky, and the focus of Southern Law was water quality and brook trout. we all know the FS's only real job is to sell tree for far less then they are worth, but the focus of the TU law suit and FS EIS was water quality.

None of the research done supported that premise and should be the cornerstone for overturing the OHV closure. Just my 2-cents.
 
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