Tortoise a road block for Marines

Twentynine Palms Marine Corps Air Ground Combat Center expansion area in Lucerne Valley.

By DAVID DANELSKI
Press-Enterprise

An adult desert tortoise weighs about 12 pounds and can take days to travel a mile, yet the reptiles have managed to get one of most formidable forces on earth – the United States Marine Corps – to reconsider a large training mission.

The Marines plan to conduct live ammunition training in August, using tanks and other heavy weaponry at their Air Ground Combat Center at Twentynine Palms.

To prevent harming about 1,400 tortoises living in this stretch of the Mojave Desert, the military now plans to limit operations in its combat center expansion area in the Johnson Valley northwest of Landers.

The Marines had hoped to airlift the reptiles this spring to federally managed habitat land near Barstow to get them safely out of the way.

But military officials and federal land mangers recently announced that the relocation can’t proceed until they analyze how the move would affect tortoises and other wildlife already living in the recipient areas.

The spring move was canceled shortly after an environmental group, the Center for Biological Diversity, filed a legal challenge to it. Desert Tortoises are protected by the Endangered Species Act because they are listed as threatened with extinction.

Marine Capt. Justin E. Smith, a spokesman for Twentynine Palms, said by email that the extend of the use of 88,000-acre Johnson Valley expansion has not been determined, but training “will not negatively impact the desert tortoise species.”

The Marines “will comply with all environmental management requirements.”

Brian Croft, a biologist with the U.S. Fish and Wildlife Services, said he expects to talk with the Marines about how to avoid harming tortoises. The Marines, for example, may keep tanks and other motorized vehicles on designated roadways when traveling through tortoise areas.

The August training will be a large-scale, live-ammunition operation involving three battalions operating in extreme desert heat in real world warfare conditions, said Smith’s email. Last year’s exercises included troops from Canada and the United Kingdom.

The Johnson Valley has traditionally been an off-road-vehicle recreation area managed by the federal Bureau of Land Manage. But in late 2013, Congress added the valley to the Air Ground Combat Center.

Marine and BLM officials will hold a public meeting to discuss the Johnson Valley situation from 10 a.m. to noon Saturday, April 2, at the Lucerne Valley Community Center in Lucerne.

2 supervisors oppose giant wind project

Lovingood, Ramos write letter to BLM

North Peak Wind Project map. Wind turbines and giant power poles of the renewable energy project could invade Apple Valley scenery.

By STAFF REPORTS
Victorville Daily Press

SAN BERNARDINO — Supervisors James Ramos and Robert A. Lovingood submitted a joint letter to the Bureau of Land Management on Thursday strongly opposing the North Peak Wind Project planned for 16.4 square miles of mountain ridges overlooking much of the Victor Valley.

In the letter to BLM Director Neil Kornze, Ramos and Lovingood cited the anticipated harm to property values, viewsheds, Native American cultural resources, interference with radar tracking of aircraft and environmental concerns.

“The anticipated impacts on plants and animals are devastating, including the regular and continuous killing of bald eagles, golden eagles, bats and numerous migratory bird species that use the avian corridor along the ridgelines in question,” the supervisors said in the letter.

The project is planned for mountain ridges overlooking Lucerne Valley, Apple Valley and Hesperia.

“San Bernardino County has already borne the brunt of renewable energy projects,” Lovingood said. “For a wide variety of reasons, this is the wrong location for this project, and I urge the BLM to reject the North Peak Wind Project.”

The project is proposed by E.ON Climate & Renewables North America and promises to deliver 120 megawatts of electricity, enough to power about 33,000 homes.

The 71-turbine project application is on hold until about November at BLM’s Barstow Field Office.

“Due to the damaging impact the North Peak Wind project would cause for the community, their property values and overall quality of life, I am opposing the development of this project,” Ramos said. “San Bernardino County has made great strides to become a leader in renewable energy projects. However, this project would have significant, detrimental effects (on) the environment and cultural resources that exist in this area. I ask that the BLM take these issues under consideration and reject this project.”

The letter from Lovingood and Ramos notes that while the project is on federal land, San Bernardino County retains authority over local roads, including necessary widening of roads for construction crews to access the project site.

Johnson Valley plan passes House

Johnson Valley OHV area is popular with off-road vehicle enthusiasts and hosts large off-road racing events throughout the year. (FILE PHOTO: DAILY PRESS)

Kris Reilly, City Editor
Victorville Daily Press

WASHINGTON • Paul Cook scored another victory Friday in his quest to save a popular off-roading area from a military takeover.

Cook, R-Yucca Valley, announced in a news release that his plan to create the Johnson Valley National Off-Highway Vehicle Area passed the U.S. House of Representatives as part of the National Defense Authorization Act.

The NDAA passed the House by a vote of 315-107 and will now move to the Senate. If passed by the Senate, the bill will reach the President’s desk for approval.

“... Johnson Valley is essential to the off-highway recreational vehicle community,” Cook said in the release. “The end goal is to ensure that the NDAA still has this Johnson Valley language in it when it reaches the President’s desk later this year. A lot can happen as the NDAA moves through the Senate, so it’s essential for supporters of my proposal to let Senators know how important it is to protect Johnson Valley for recreational use.”

The Johnson Valley OHV area is a vast expanse of desert east of Lucerne Valley. The site is popular with off-road vehicle enthusiasts and hosts large off-road racing events throughout the year.

The U.S. Marine Corps has its sights set on a westward expansion of its base in Twentynine Palms to establish a vast training area. The plan would permanently close a large portion of the OHV area and leave a small section for joint use by the Marines and the public.

Cook’s proposal would designate the Johnson Valley OHV area as a national recreation area, thereby severely limiting the Marines’ proposed expansion. Marine Corps activities would be permitted twice annually and could not include any explosives that could be left behind without detonating.

Cook is a former Marine who was awarded a Bronze Star and two Purple Hearts.

BLM may close Mojave Desert trails

9.3 million acres of the western Mojave Desert
may be permanently closed to off-road recreation
by environmentalists and the courts.

Kris Reilly, Staff Writer
Victor Valley Daily Press

LUCERNE VALLEY • The public will have a chance to comment Saturday on a Bureau of Land Management plan that could prohibit the use of off-road trails throughout the Mojave Desert.

Some of the estimated 5,000 miles of remote dirt roads and trails in the region could be permanently closed to public access.

The Desert Advisory Council (a volunteer citizens’ advisory group) will hold an open house from 8 a.m. to noon on Saturday at the Lucerne Valley Community Center and will provide maps of the local areas in question.

“Overwhelmingly, most citizens who come to our meetings are concerned that road closures are escalating” said Dinah Shumway, chair of a DAC task group holding the meeting. “(But) I suspect we’re going to have people on both sides, people for closing roads and people for keeping them open.”

The DAC is gathering community input about revisions to the West Mojave Plan, a BLM policy which aims to protect habitat for the desert tortoise and other wildlife on federal land. Environmental groups sued the BLM, alleging that the plan favored off-highway vehicle use over habitat conservation, and a judge ruled last year that the BLM would have to reevaluate the trail system.

Acting BLM Barstow Field Office Manager Mickey Quillman said meetings like Saturday’s will give the BLM a chance to get public input before making the revisions.

“The people have areas they like to go to for recreation, or areas that they are concerned about,” Quillman said. “This meeting will be mainly a fact-finding, informational meeting, and that information will come back to us.”

The West Mojave Plan affects 9.3 million acres in the western Mojave Desert, which includes the greater Victor Valley. The plan will not directly affect designated off-highway vehicle zones such as the Johnson Valley or Stoddard Wells OHV areas, but it could affect trails leading to and from those areas. Residential dirt roads will not be closed.

Quillman said this particular meeting would focus mainly on nearby areas — including Juniper Flats and Wonder Valley — but he said anyone is welcome to also submit information and opinions on trails outside of the immediate local area.

The Lucerne Valley Community Center is located at 33187 Old Woman Springs Road (Highway 247), just west of Pioneer Park.

San Bernardino County: Board considers new boundaries

Proposed San Bernardino County redistrict map. (San Bernardino County)

by Imran Ghori
Press-Enterprise

San Bernardino County -- Supervisors will take up a redistricting ordinance today but remain split on the plan, which has drawn criticism from some mountain and Latino residents.

The board approved a draft proposal on a 3-2 vote last month at its fourth meeting since May on how to draw the county's supervisorial district boundaries.

The new map shifts parts of the San Bernardino Mountains -- from Lake Arrowhead to Running Springs -- from the 3rd District to the 2nd District.

The proposed map would also move Barstow, Lucerne Valley and Twentynine Palms from the 1st District to the 3rd District and half of Upland from the 2nd District to the 4th District.

The county's consultant, National Demographics Corp., recommended the option out of five maps considered as the best able to meet different county criteria.

Changing demographics from the 2010 census required the county to decrease the size of the High Desert 1st District, which saw the largest population increase, while adding to the 4th District, which needed to grow the most to ensure the districts are equally balanced, according to county spokesman David Wert.

Supervisor Neil Derry, who represents the 3rd District, voted against the plan along with 1st District Supervisor Brad Mitzelfelt. Both remain opposed.

Derry had proposed two alternatives that would move all of the San Bernardino Mountains into his district -- an option supported by a large group of mountain residents who spoke at the public hearings of wanting to unify the area under one district.

"The public has come out and spoken and been routinely ignored," Derry said of the plan favored by the board majority.

Board Chairwoman Josie Gonzales, who represents the 5th District, said she is satisfied that the plan is as fair as it can be given the different regulations governing redistricting.

"We go into the redistricting process knowing we're not going to make everybody happy; that includes ourselves, the supervisors," she said.

Gonzales said she believes the mountain area is better served by two representatives on the board instead of just one.

The plan also came under fire earlier this month from Rep. Joe Baca, D-Rialto, who joined a Latino advocacy group in accusing the county of refusing to create a second Latino majority district.

County numbers, however, show that Hispanics would have a majority in two districts in the proposed plan -- 57 percent in the 4th District and 69 percent in the 5th District.

The group, the League of United Latin American Citizens Inland Empire chapter, held a news conference to criticize the county plan but did not contact county officials, Wert and Gonzales said.

"I'm at a loss as to why they've not contacted me or the CEO," Gonzales said. "We'd be happy to listen to them."

Gonzales sent a letter last week to Joe Olague, president of the group's Inland Empire chapter, inviting him to submit the group's proposed maps. In his response, Olague reiterated the group's criticisms but did not offer its maps.

Wert said the figures cited by the group in criticizing the Latino population represented in the districts are false.

The board meets at noon at the County Government Center at 385 N. Arrowhead Ave. in San Bernardino.

SCE plans $750 million project to link solar plants to grid

Public input sought on new transmission corridor through Hesperia, Lucerne

Natasha Lindstrom
Victor Valley Daily Press

HESPERIA • Southern California Edison is planning a $750 million project to enable new renewable energy development in the Mojave Desert to connect to the power grid.

The proposed project would build a new substation near Newberry Springs and construct 67 miles of new transmission line between Edison’s Lugo and Pisgah substations — including 18 to 20 miles of a new transmission corridor that would border some 600 residents between Hesperia and Lucerne Valley.

Edison does not yet have estimates on the number of jobs the project would create.

While the project’s still in the early stages, Edison is turning to local residents for input on four possible routes for the line of large metal steel towers topping 100 feet, with a public workshop in Hesperia scheduled for March 3.

“Like most new transmission-type projects, a lot of people are concerned as to where it’s going to be located geographically as to where they live,” said Spear, adding that Edison has notified all the residents living along the potential transmission corridor routes. “We’re just wanting to be very up front with the public and go to them early and let them know what’s sort of on the preliminary drawing boards.”

An executive order signed by former Gov. Arnold Schwarzenegger requiring California utility companies to increase the percentage of renewable energy in the state’s electricity mix to 33 percent by 2020.

The next steps in the Lugo-Pisgah project will be for Edison to submit applications to the California Public Utilities Commission for approval, which Spear said will likely happen in the first quarter of 2012. It’ll take up to two years for the applications to be processed and the project’s build-out will taken another three. The tentative construction completion date is in 2017.

The public is invited to share their input and ask questions about the project at a public workshop 6 to 8 p.m. Thursday at the Percy Bakker Community Center, 9333 E Avenue in Hesperia.

For more information, Hesperia residents can call (760) 951-3281. Apple Valley and Lucerne Valley residents can call (760) 951-3237. Or visit sce.com/lugopisgah.

Historical marker restored to former glory

Chimney Rock historical marker prior to being vandalized in 2008.

By KATHERINE ROSENBERG, Editor
Lucerne Valley Leader

LUCERNE VALLEY - Thanks to the efforts of anonymous good Samaritans, the historical maker signifying the Battle of Chimney Rock has been restored to its former glory.

Ravaged by vandals nearly a year ago, the site has sat in ruins as local organizations tried to come up with the means to replace the stolen metal.
Since it was never established which group was the site’s “caretaker” it became difficult to proceed.

Chamber of Commerce representatives Lorane Abercrombie and Susan Waldron were interested in doing what they could in order to replicate the plaque, until they found out it had been taken care of for them.

“I got a call and they said it was done,” Abercrombie said. “I thought they meant they had gotten the plaque polished, but they said ‘no, it’s completely finished.’”

She said that the donation was meant to be a gift to the community of Lucerne Valley, and that the people who gave it wished to remain anonymous.

And while more than 10,000 people pass by the monument each day, few know the significance behind it.

“In the early days, natural springs in what is now Lucerne Valley provided good camping grounds for Indians on their way into the San Bernardino Mountains to gather pinon nuts. The Indians resented white pioneers settling in the territory and committed some violent acts against them. Instead of discouraging the settlers, it caused them to marshall forces and attack the Indians. (On) Feb. 1 1867, a decisive battle at Chimney Rock caused the Indians to retreat and leave the territory to the white pioneers,” according to http://www.lucernevalley.net/.

Heat, heavy coverage hurt bird hunting

Jim Matthews, Outdoor Writer
Inland Empire Daily Bulletin

APPLE VALLEY - Upland bird hunters reported seeing good numbers of quail and chukar throughout most of Southern California's deserts and foothill regions, but rain just before the opener, then heat and heavy hunting pressure over the weekend, made for difficult conditions and low hunter success.

"At Goat Springs, there was approximately the same number of vehicles you'd find at a large car dealership," said Rick Bean of Hesperia about a popular chukar hunting spot in the West Mojave off Highway 247 between Barstow and Lucerne Valley on opening day. While Bean and his hunting partners, Matt and Debbie Gangola of Glendora, didn't bag a bird - in spite of seeing a covey with 60 or more birds - two young hunters they met near a guzzler north of Goat Springs managed to get seven chukar between them.

Chris Coston of Orange was hunting near Ord Mountain, another popular chukar spot in the West Mojave, and said there were hunters everywhere, but that most guys he spoke with had "one or two birds each."

"There were a lot of birds, a lot of birds," said Coston, who managed to bag two chukar on opening Saturday and then another pair in the same area on Sunday.

Farther north, chukar hunters in the Southern Sierra Nevada, White and Inyo mountains, along with the popular Red Mountain region, all had similar reports: lots of birds but tough hunting conditions. Several hunters complained of chukar flushing well out of range in the Rand Mountains, but the hunting pressure was very high in that area, like the West Mojave, and it was warm.

The Mojave National Preserve had an excellent hatch of quail and chukar this year, but rain apparently scattered the birds and then warm weather made hunting difficult. Most hunters reported seeing birds, but success seemed to be about only a quail per hunter, with the chukar even tougher, flushing out of range.

Ed Tolman, along with his son Andreas and father DeLoy, and Dave Hancock and Ted Werner, all of the Chino Hills area, were out in the preserve Friday and saw good numbers of quail scouting for the opener. But opening day they managed to bag only five quail between them. Werner and Andreas Tolman wore themselves out chasing chukar over some nasty terrain, seeing 120 or so birds but unable to bag a single one.

Jack Ingram of Chino managed to get six Gambel's quail in two days of hunting in the Mid Hills region of the preserve.

"The birds were hard to locate, but I did get into a couple small coveys," said Ingram on Monday.

"I had my shots and I could have taken a limit for the weekend if I were on my game. As it was, I will be grilling six up tomorrow for dinner."

In the Imperial Valley and near the Salton Sea, quail numbers were reported to be well up from the past couple seasons, but the heat made the birds difficult to hunt, especially after the coveys were scattered opening morning.

Along the lower Colorado River, there were generally pretty good reports of quail numbers from Yuma to Needles. Robert Pierce, who managed Walter's Camp south of Palo Verde, said there were a lot of birds in the desert washes this year, and he and his brother-in-law managed to get 11 birds between them on Sunday of opening weekend, after being skunked the day before.

"There were a lot of birds out there, but there are too many guys with quads who chase them on those things and then jump off and shoot them," he said.

"I'm from Texas, where you get out and walk and hunting quail behind dogs, and it's just a shame that quail season was so badly abused.

"On Sunday the quads were gone, the jeeps were gone, and we got 11 birds in four hours of hunting. All the coveys were big, massive, with 20 to 30 birds."

A number of hunters complained about unethical hunters sitting on desert water sources (you can't stay on a water source for more than 30 minutes, so wildlife can come to water) and people on quads who didn't use normal hunter etiquette.

With another warm weekend forecast, it doesn't look like the next weekend of the season will be any better than the first.

BLM tackles plethora of solar, wind project applications

Staff sequestered in Desert Discovery Center



By JESSICA CEJNAR, staff writer
Barstow Desert Dispatch



BARSTOW • Biologists, realty specialists and air and water experts with the Bureau of Land Management shut themselves in the Desert Discovery Center for 10 full working days wading through a plethora of solar and wind energy applications.

Out of more than 25 solar and 20 wind project applications proposed for the Barstow area, staff at the local field office were able review 17, said Mickey Quillman, chief of resources at the BLM’s Barstow office. Some of these projects were submitted almost a year ago, Quillman said, and have languished while staff have focused on other BLM business. He sent his staff to the Desert Discovery Center two weeks ago, he said, to get away from the telephones and focus solely on the project applications.

“There are so many other things that are going on in the office, we don’t have the staff to work on these things full time,” he said.

According to Quillman, BLM staff review a project’s design as well as the number of acres needed to build the project. If an application doesn’t include all the necessary documents, the BLM sends the company a letter stating what it needs to do to move its project forward, Quillman said.

Companies are given between 30 and 60 days to respond to those letters depending on how much information is needed, said Greg Miller, renewable energy program manager for the BLM’s California Desert District. If it receives no response another letter is sent, he said. After 15 to 20 days of no response from a company, the BLM may reject or deny its application, Miller said.

Solar and wind projects are scattered throughout the 3.1 million acres of land the Barstow Field Office oversees, Quillman said. Even though he didn’t want to say which companies are further along in the application process than others, Quillman said Granite Wind, a wind project between Apple Valley and Lucerne Valley has progressed into the notice of intent to do an environmental impact study phase.

“There’s another solar plant we’re looking at that’s getting close to there,” he said.

Even though his staff was shut up for 10 days, focusing only on renewable energy projects, Quillman says he gets more applications on a regular basis. He may even order his staff to be sequestered again, he said.

“When the alternative energy projects came in it was added work load and we couldn’t focus on those as we needed to,” he said. “We had 25 solar and almost as many wind and as those (applications) come in we’ll review those as well. It’s an ongoing process.”

Residents plead: "Please fo east"

Marines present expansion proposal: Residents fill the community center at MAC meeting

Lucerne Valley Leader

LUCERNE VALLEY - Nearly a year after the Marine Corps announced its intention to expand the base at Twentynine Palms the Municipal Advisory Council hosted project representatives Colonel Wes Weston and Joe Ross, BLM Project Manager at their most recent meeting.

Lucerne Valley residents, off-roaders, miners and other stakeholders filled the Lucerne Valley Community Center to hear about the proposed Twentynine Palms Marine Base Expansion and to express their concerns.

Back in April 2008 the Bureau of Land Management and U.S. Marine Corps officials confirmed that permits had been issued to look into expanding the facility at Twentynine Palms possibly by as much as 100,000 acres into Johnson Valley. Since that time the Marine Base has proposed a total of six expansion alternatives.

The Johnson Valley alternative is the one that has the residents of Johnson Valley, Lucerne Valley and Yucca Valley the most concerned. More than 30 of those in attendance stood to express their views.

“I moved here because I am an off-roader,” said Robert Kleber, who currently lives on the boarder of the existing Marine Base. “I want my children to enjoy the desert as I have. If (the base) moves closer, we won’t be able to live here.”

Many residents who are not off-roaders noted that without the weekly influx of off-road dollars the town would be in serious economic trouble.

“Each weekend our economy gets a little boost,” said Bill Lembright of Lucerne Valley Market. “If that gets shut off, we’re done. Please go east.”

During a 30-minute PowerPoint presentation, Ross explained the government’s Title 10 requirement that Marines be trained to operate a combined arms force in three dimensions: land, air and sea. This training will require an area that would hold an entire Expeditionary Brigade of anywhere from 3,000 to 20,000 personnel and equipment. This training would take place for 48 to 72 hours of sustained offensive operations, twice a year.

“That is less than a week twice a year,” said MAC Chairman Tony Malone. “That doesn’t seem like very good use of our natural resources.”

Of those presenting views, most were very positive toward the Marine Base objective to provide soldiers with the best training possible, but asked that the expansion planners please consider the impacts that coming west into Johnson Valley will have on the Lucerne Valley way of life, as well as many others who use or will that area for recreation, mining, filming and possible future alternative energy sources.

“I respect what you are doing, but I choose to live here instead of Los Angeles so that my children do not have to listen to gun fire,” said a controlled, but emotional Robin Lopez. “If you expand toward Lucerne Valley, we will have to leave.”

Several young men in their late teens and early twenties spoke on the positive impact that Johnson Valley has had on their lives.

“Since I was just a little guy, I was in one of those motor-homes driving through Lucerne Valley every weekend. Spending quality time with my family riding motorcycles out here kept me from getting involved with drugs and gangs,” said Jensen Kime of Pasadena.

“I represent several mining interests,” said Doug Shumway of TerraMins Inc., Apple Valley. “There are many valuable mineral sites in that area that will be completely blocked off if the Johnson Valley area is closed. “This will cause negative economical impacts with San Bernardino County.”

The group “Partnership for Johnson Valley” also had representatives at the meeting from Encino.

Out of the 32 people who made comments only two were disruptive: one who wouldn’t stop when his time was up, and one who wheeled, under wraps, an old rusty World War II practice bomb up to the front of the room and dramatically whipped away the cover in front of the Colonel Weston to demonstrate her fear that her “children” might stumble upon whatever the Marines might leave behind.

She then began to verbally assault the Colonel, calling him a liar for telling the group that there would be no live ammunition used. The MAC board reminded her that in the PowerPoint presentation, Ross had stated specifically that the Marines would use live fire. As she started to get aggressive again, several people in the audience told her to stop and she eventually relented.

“I am very proud of Lucerne Valley!” stated MAC Chairman Tony Malone after the close of public comments. “And I am very proud of all of you for treating these people with respect, and for treating yourselves with respect.”

The meeting was then adjourned and those in attendance had the opportunity to speak with the Marine Base representatives and to view the maps of the six expansion alternatives.

County Files Action to Preserve Public's Access to Camp Rock Road

By David Zook
Submitted by Dan Wilson
Best Syndication News

SAN BERNARDINO CA - Nearly six years after San Bernardino County first sought to establish its authority over a critical High Desert road that crosses federal land, the Board of Supervisors Tuesday authorized a court order seeking to compel the federal government to process the County's application.

"We made a good faith effort under existing laws and regulations to establish that Camp Rock Road is a vital route across federal land and that it should be permanently under County control," said First District Supervisor Brad Mitzelfelt, who represents the High Desert. "We regret having to take this action to force the government to comply with its own rules and honor our rights under the Administrative Procedures Act."

On April 29, 2003, the County filed an application with the U.S. Bureau of Land Management for a recordable disclaimer granting the County's right of way on Camp Rock Road, which stretches about 42 miles between Lucerne Valley and Daggett. A recordable disclaimer is similar to a quitclaim deed, which would give the County a legal record of its ownership of the road.

The recordable disclaimer process was established to allow rights of way to be formally recognized and recorded. There was previously no regulatory provision for recording rights of way under federal rules.

The application was filed under Revised Statute 2477, part of an 1866 mining law that allowed rights of way over public lands as part of the effort to settle the West. R.S. 2477 was repealed in 1976 with the adoption of the Federal Land Policy and Management Act, but existing rights of way were preserved. The County submitted substantial evidence that Camp Rock Road was a well-established and maintained route long before 1976.

"We are merely seeking to protect the interests of our economy and our citizens who rely on this route to travel across federal land," Supervisor Mitzelfelt said. "There is no reason for this application to have languished for nearly six years, and we look forward to working with the federal government to resolve this issue."

The County's request for a writ of mandamus will be heard in U.S. District Court, Central District, in Riverside.

S.B. County suing federal government to get road

By DAVID DANELSKI
The Press-Enterprise


San Bernardino County officials this week agreed to sue the federal government to gain control of a 42-mile stretch of mostly dirt road that cuts through undeveloped public land between Barstow and the San Bernardino Mountains.

The county's 6-year-old effort to wrest legal rights to Camp Rock Road from the U.S. Bureau of Land Management has raised concerns among some environmentalists, who say they fear county control could put wildlife at risk.

Camp Rock Road, a public-access route to a large section of open desert southeast of Barstow, crosses territory that is designated as critical habitat for the desert tortoise, a species threatened with extinction. It also skirts two wilderness areas in the Newberry and Rodman mountains south of Interstate 40.

"If the county were to pave the road or increase traffic on the road, it would be a detriment to desert wildlife, including the desert tortoise," said Ileene Anderson, a biologist with the Center for Biological Diversity, a wildlife advocacy group.

San Bernardino County Supervisor Brad Mitzelfelt said the county has no plans to pave or otherwise improve the road, which he said is used principally by recreationists and miners. The county already maintains it.

"We just seek to keep it open for the various uses, as it has been many years," Mitzelfelt said. "We have an obligation as a county to keep it as a county road."

He added that the county is also in court to fight road closures on public land in the Mojave National Preserve.

San Bernardino County submitted an application to the BLM in 2003 to take over Camp Rock Road, but the bureau has not acted, according to a county petition filed in U.S. District Court.The suit asks the court to order the BLM to process the county's application.

Alan Stein, a BLM deputy district manager, said the agency has not acted because of unresolved disputes about a statute that allows counties to take over federal rights-of-way.

Heidi McIntosh, an attorney for the Southern Utah Wilderness Alliance, said environmental groups are concerned because counties are not obligated to protect wildlife while the BLM must adhere to the Endangered Species Act and other laws.

Mitzelfelt said the road could not be improved without extensive environmental reviews.

County sues to ensure Camp Rock Road access

By ABBY SEWELL, staff writer
Desert Dispatch

San Bernardino County is suing the federal government in hopes of establishing its right of way on a road crossing federal land between Lucerne Valley and Daggett.

The county is seeking to officially establish its ownership of Camp Rock Road, a county-maintained road that covers about 42 miles between Lucerne Valley and Daggett and crosses federal land, according to press release from county First District Supervisor Brad Mitzelfelt’s office.

“The road supports numerous industries, such as ranching, mining, filming and recreation, and it’s a road a lot of people use to get back and forth between Lucerne and Johnson Valley and the greater Barstow area,” Mitzelfelt said Wednesday. “... Our position is that in order to maintain our roads and keep them open, we need to be able to show we have the right of way for a variety of reasons.”

In April 2003 the county filed an application with the U.S. Bureau of Land Management for a “recordable disclaimer,” which would establish its right of way on the road and give the county a legal record of its ownership. The application was never processed, and the county is now asking for a court order that would force the BLM to process it in a timely manner, Mitzelfelt said Wednesday.

“Either issue the disclaimer or don’t issue the disclaimer, and tell us why,” he said.

The county’s application showed that it has been maintaining the road since before 1976, allowing the county to claim right of way under an 1866 mining law, Mitzelfelt said. The law was repealed in 1976, but existing right of ways were allowed to stand, according to the county release.

Alan Stein, deputy district manager of resources for the BLM’s California Desert District, said the BLM had been waiting to see how court cases involving right of ways established under the old mining law played out in other states before taking up San Bernardino County’s application.

In the meantime, he said, the county continues to use and maintain the road, and in the BLM’s maps, the road shows up as being owned by the county.

“It’s not that we tried to close Camp Rock Road — we didn’t, and we didn’t try to change the use on Camp Rock Road,” Stein said. “It’s a legal issue, and the county is interested in, and has been interested in, maintaining access.”

The county filed its motion asking for a court order in the United States District Court in Riverside on Jan. 14 under the authority of board Chairman Gary Ovitt, and the board ratified the action at its regular meeting Tuesday, Mitzelfelt said.

Death Valley roads kept shut

Judge throws out Inyo County's suit

Jason Pesick, Staff Writer
San Bernardino Sun


Environmentalists are celebrating a lawsuit's dismissal, which they say will result in the protection of swaths of Death Valley National Park.

On Friday, a federal judge dismissed much of a lawsuit filed by Inyo County against the Department of the Interior and the National Park Service.

"It is a good day for Death Valley National Park," said Ted Zukoski, a lawyer for Earthjustice. The nonprofit environmental law firm represented six environmental groups that intervened on the federal government's behalf.

The county wanted possession of roads in the park, but the environmentalists want the pristine areas free of motorized vehicles. Most of those roads were included in wilderness study areas created by the federal government in 1979. On Friday, a federal judge said the county waited too long to file the suit.

The county never planned to pave the roads, said Randy Keller, assistant counsel for Inyo County.

The county wanted to remove blocks the federal government set up to stop motorized vehicles. The federal government closed the roads without the authority to do so, Keller said.

"It's partly the principle of the thing," he added.

The Inyo County Board of Supervisors will decide what to do next, but the ruling put an end to the suit, Keller said.

"It pretty much terminates it, I think," he said.

Those intervening were the Sierra Club, Wilderness Society, California Wilderness Coalition, National Parks Conservation Association, Center for Biological Diversity and Friends of the Inyo.

According to those groups, Greenwater Canyon, Greenwater Valley and Last Chance Canyon will be preserved. Those areas are home to prehistoric sites, desert bighorn sheep, desert tortoises, cougars, deer, coyotes, badgers, various plants and scenic landscape.

Environmentalists, including Paul McFarland of the Bishop-based Friends of the Inyo, were pleased with the ruling.

"I'll bet the horned lizards and chuckwallas are dancing in the desert washes right now," he said in a news release.

San Bernardino County is trying to obtain rights of way to existing roads on federal land in Lucerne Valley and the Mojave National Preserve.

Marines looking to expand base by 100,000 acres

By KATHERINE ROSENBERG - Staff Writer
Victorville Daily Press




TWENTYNINE PALMS — Bureau of Land Management and U.S. Marine Corps officials confirmed that permits have been issued to look into expanding the facility at Twentynine Palms — possibly by as much as 100,000 acres into Johnson Valley.

The land acquisition is part of an effort to become the nation’s premiere combat training facility, said Gunnery Sgt. Chris W. Cox, the public affairs chief at the Marine Corps Air/Ground Combat Center.

“The Marine Corps is looking at areas contiguous to the base, including the Johnson Valley, but no final decisions have been made regarding what alternatives will be pursued and analyzed,” Cox said in a prepared statement. “When the alternatives are finalized, we will inform the public.”

Permits were issued to conduct surveys of cultural and environmental impact, said BLM Chief of Resources Mickey Quillman, who is based out of the Barstow office.

While both Quillman and Cox warned that the proposed project would be still be many years off, Quillman conceded there could be an impact on Lucerne Valley, in at least as much as noise levels are concerned.

“It would be used for military training — a combination of live-fire and force-on-force training,” Quillman said.

Cox said that there is currently no training facility in the nation that can support the training requirements proposed by the Marine Corps, and that Twentynine Palms has been tasked with rectifying that.

“It is imperative that Marines receive the most realistic training before deploying into a combat environment that demands split-second life or death decisions. The potential land parcel additions would allow Marines to ‘train as they fight’ as a large-scale Marine Air Ground Task Force, in particular a Marine Expeditionary Brigade,” Cox said.

Quillman said that while the surveys are taking place, the process will require Notice of Intent — which will open the discussion to the public, through scoping meetings — and the proposal of alternative locations.

“This process of simply figuring out what land the base might actually need to meet the Marine Corps training requirements and how it affects other interests could take anywhere from three to five years” said Jim Ricker, assistant chief of staff for the G-5 training center.

That process, Cox said, “will involve a great deal of input from the local community and the wide range of stakeholders.”
Quillman added that of particular concern are the off-road vehicle community and proposed solar projects.

Lucerne Valley may face repeat water crisis

Melven Ashley of Lucerne Valley works on installing a water pump on a 55-gallon barrel so that he can transport water back to his property near Cody Road in Lucerne Valley last summer.

KATHERINE ROSENBERG, LV Leader Editor
Victorville Daily Press

LUCERNE VALLEY — The community could face a repeat of the water crisis from August 2007, a county official warned during the last meeting of the Municipal Advisory Committee board meeting.

State officials once again have Lucerne Valley water purveyors and water haulers on their radar, said Michael Orme, District Director for 1st Disrict Supervisor Brad Mitzelfelt, who covers Lucerne Valley.

“Every water hauler must be licensed or the state will come back,” Orme said. “Consider yourselves warned.”

The 300 locals who are using hauled water have had time to come into compliance, and have been offered hauling services from three local companies, and there is one local purveyor with a temporary license, though he said he has sold next to nothing.

Orme believes the state board has plans to return, because they were tipped off that many people in Lucerne Valley choose to ignore the licensing requirements, opting instead to use whoever provides service the cheapest.

One local resident asked Orme whether there was a way to ward off a potential sequel to last year.

“Solutions? Yes, go to a licensed provider,” Orme said.

No time frame has been given for when the state officials might return, but the point of Orme bringing the issue up at the MAC meeting was so that everyone has time to come into compliance.

Solar panels could come to Lucerne Valley

Proposal part of power trend


Lauren McSherry
Staff Writer
San Bernardino Sun


Lucerne Valley was named after the acres of alfalfa farmed by the city's founders. Now, under an application to develop 21 square miles of the valley, rows of glossy solar panels could redefine the area.

The Cannon Power Corp. in Rancho Santa Fe submitted an application last month to the Bureau of Land Management to construct photovoltaic panels in the Lucerne Valley Dry Lake bed, according to Bureau of Land Management documents.

Lucerne Valley, which is located about 20 miles east of Apple Valley, is situated in the Mojave Desert of western San Bernardino County.

The Cannon proposal is the latest project to garner attention in what is being characterized as the desert's latest "Gold Rush" - only this time it's a race to scoop up land for renewable-energy projects.

BLM, which is entrusted with the stewardship of 6.1 million acres of public land in the county, is fielding more than 100 applications for renewable-energy projects, said San Bernardino County Supervisor Brad Mitzelfelt, who represents the 1st District.

Two of the largest proposed solar projects, one for 59 square miles and another for 82 square miles, could be built in Ward Valley, north of Twentynine Palms, according to BLM documents. The applications to construct solar projects of 20 square miles or more exceeds the number of wind power projects of the same size, documents show.

The BLM's California Desert District, which encompasses the High Desert, saw a rapid increase in the number of renewable-energy applications in 2006, following a renewable-energy policy rolled out by the governor and the passage of the federal Energy Policy Act, said Al Stein, deputy district manager.

The San Bernardino County Board of Supervisors adopted a memorandum of understanding with BLM last week, setting guidelines to jointly review the environmental impact of photovoltaic and wind power projects. The agreement is expected to ensure there are more opportunities for the public to weigh in during the environmental review process.

"That's what a lot of this is about, giving the public a chance to comment," Mitzelfelt said on March 18 before the board adopted the agreement. "I want to make sure the benefits at least balance or outweigh the costs."

The projects have environmental consequences and their sheer size means less land will be left for other uses, such as hiking and ranching, he said.

Last month, the regional branch of the Sierra Club estimated roughly 110 square miles of the Mojave Desert could be developed for renewable-energy projects, based on the applications submitted to BLM.

Project applicants and BLM officials contend that only a fraction of the land they apply for is actually developed. Further complicating the situation, some companies submit multiple applications for the same locations.

"It's very difficult to put a number on it," Stein said. "We've tried to avoid that because it doesn't accurately reflect anything."

Lucerne Valley finds solution on water

RYAN ORR
Daily Press

LUCERNE VALLEY — Lucerne Valley residents avoided an overwhelming increase in hauled water fees by banding together to help a local well owner, San Bernardino County administrators decided today.

After hearing the announcement Tuesday night that water loads from the Midway Park well would increase from $1 to $167, residents decided to help a local man with testing and certification fees to access his well.

Max McNeeley had lost business because of the low prices offered at the county well and had planned on shutting his down.

Last night to avoid the increase at Midway Park, citizens began passing around a hat for donations to help McNeeley keep his well open.

Midway Park was set up as a temporary well after a sting operation in August that shut down unlicensed wells and water haulers and left many residents without water while temperatures were well over 100 degrees.

The county well was shut down as of Wednesday, but county agreed to stay open temporarily if McNeeley’s well ever became overwhelmed or had any problems, said Michael Orme, district director for Supervisor Brad Mitzelfelt.

“It’s good to see the community come together to help one of their own,” Orme said.

County officials are working on a price for loads from Midway Park if it does have to reopen for temporary use.

Orme said it is around $50, far less than the original number because they won’t have to fully staff the well and make the necessary upgrades for full-time usage. The Board of Supervisors will still have to approve the price.

Water bills to triple in Lucerne Valley

County decides to end subsidy of water well


RYAN ORR
Daily Press



LUCERNE VALLEY — Lucerne Valley residents were slapped with an increased cost of water that will more than triple the average bill from $130 to $424 a month.

The increase was announced Tuesday night at the Lucerne Valley Community Center.

A sting operation in August by the California Highway Patrol and the state put water haulers, who were not properly licensed, out of business and shut down wells that didn’t pass health requirements.

Subsequently, residents were left without water, and the county Board of Supervisors declared a state of emergency.

The county opened a temporary well and offered water haulers service at just $1 per load — about 2,000 gallons.

The county could have stopped the service once the emergency was over, but due to a lack of other available water sources, kept filling up local water haulers.

Most water haulers were shut down in the original sting and are still operating under temporary permits until they can get their paperwork together.

Since the original emergency in August, the county has lost nearly $67,000 selling water at such a discount.

Before the sting, well owners charged water haulers anywhere from $15 to $30 per 2,000-gallon load, said Rhonda Moore of 1 Moore Water Service.

As a water hauler, she then sold it to a customer at $65. An average family of four uses two loads, or $130, of water a month.

The price is set to go from $1 to $167 a load, said Manuel Benitez, chief of special districts in the county.

The $167, which still has to go before the Board of Supervisors, is to cover operational costs of the well, which the county was hoping to close because it doesn’t have the infrastructure to accommodate water hauling, Benitez said.

The average hike to the water hauler would be $147 and assuming that they pass through the increase, a family of four that was paying $130 a month will now pay roughly $424 a month.
“That is completely outrageous,” Moore said. “It would put me out of business.”

Michael Orme, a representative for 1st District Supervisor Brad Mitzelfelt, said that there are unlicensed water haulers who have again started services in Lucerne Valley. After Jan. 1, the state plans on going after those who have not met the necessary requirements.

“It’s really just a mess,” said Linda Gommel of Lucerne Valley. “Nothing has been solved.”

Judge prevents BLM from extending grazing rights

JASON SMITH
Victor Valley Daily Press

A federal judge issued a temporary order on Monday preventing the Bureau of Land Management from increasing the number of cattle a local ranch can graze on 136,000 acres, just north of Lucerne Valley.

Conservation groups sued the BLM over concerns that desert tortoises and other endangered species could lose their habitats due to the grazing cattle.

Under the current lease, the BLM is allowed to let the nearby Shield F Ranch graze up to 175 cows on public lands near the Ord Mountains. The area includes 117,000 acres of desert tortoise habitat. Shield F currently has about 25 cows on the land.

The BLM previously allowed up to 295 cows on the lands, but after a legal challenge in 2001, was ordered to reduce the maximum number allowed until the Western Mojave land-use plan was developed in 2006. The BLM now seeks to return to the pre-2001 allotment, but a consortium of four environmental groups appealed the plan.

Harvey C. Sweitzer, an administrative law judge with the Department of Interior’s Office of Hearings and Appeals, ruled that the effects of the lease extension on wildlife should be further explored before the 10-year lease is extended.

Sweitzer will further consider the matter in a hearing to be held in the coming months. The hearing has not yet been scheduled, said Luke Smart, an attorney adviser with the hearings office. He said that conservation groups and the BLM frequently disagree over the effects that cattle grazing has on the environment.

“These are kinds of issues that come up, and these are the types of issues the BLM, grazers and conservation groups wrestle with,” Smart said.

Michael Conner, California science director with the Western Watersheds Project, one of the conservation groups behind the lawsuit, said he was pleased with the decision. He said feels the land needs time to recover from the effects of past grazing.

“We’re very happy with this ruling because the judge is basically agreeing that our case has merit,” he said.

Conner said that grazing cattle can trample tortoises, tortoise eggs as well as burrows. He said other endangered species such as the big-horned sheep and Mojave monkey flower could also be at risk.

Anthony Chavez, a rangeland management specialist with the BLM, said he disagrees with the idea that the current herd of 25 cows on 154,000 acres is a burden on he environment. He said the terms of the new lease did not represent an increase in the number of cattle because the levels were allowed prior to 2001.

He said the agency has not yet decided how to proceed and will wait for the upcoming hearing.

Members of the Shield F Ranch did not respond to calls seeking comment.