May 27, 2015
Bureau of Land Management, California Desert District
ATTN: WMRNP Plan Amendment
22838 Calle San Juan de Los Lagos, Moreno Valley, CA 92553
(also via e-mail: cawemopa@blm.gov)
To BLM:
We’re pleased to have the opportunity to respond to the West Mojave Route
Network Project (WMRNP) Draft EIS. We have “substantive” concerns to address
regarding the Preferred Alternative.
I base my comments on the Code of Federal Regulations Minimization Criteria
43 C.F.R. 83412.1, as well as an understanding of the DRECP, and will focus on areas
on and around Black Lava Butte and Flat Top Mesa:
a) Travel Management Area / Map Index 3: sub area 15, Rimrock / Onyx Peak;
b) Travel Management Area / Map Index 3: sub area 16, Joshua Tree North, Yucca
Valley North.
(NOTE: map above represents a compilation of sections of TMA Map Index 3: sub
areas 15 & 16)
The BLM WMRNP “Fact Sheet” distributed at the April 16, 2015 meeting in Yucca
Valley states that the current alternatives “clearly tie to and comply with the
regulatory Minimization Criteria 43 C.F.R. 83412.1.”
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Minimization criteria states BLM WMRNP routes: “shall be based on the protection of
the resources,” and in accordance with the following criteria I will address:
(b) Areas and trails shall be located to minimize harassment of wildlife or significant
disruption of wildlife habitats. Special attention will be given to protect endangered or
threatened species and their habitats.
(d) Areas and trails shall be located in natural areas only if the authorized officer
determines that off-road vehicle use in such locations will not adversely affect their
natural esthetic, scenic, or other values for which such areas are established.
The BLM presentation in Yucca Valley stated that the Preferred Alternative was
“consistent and complementary with the DRECP.” Black Lava Butte and Flat Top Mesa
are represented in the DRECP as an ACEC. The Buttes are also currently included for
ACEC designation in legislation before the U.S. Senate, The California Desert
Conservation and Recreation Act (Title XX: Miscellaneous, Sec. 2006: Black Lava Butte
and Flat Top Mesa ACEC.I).
However, ACEC status is not indicated in the WEMO map Resource Data.
The WEMO maps’ Resource Data overlay for the Desert Linkage Network
completely covers the area in and around Black Lava Butte and Flat Top Mesa. The
Desert Linkage Network is based on DRECP’s Desert Connectivity Project whose
goals were:
1) To identify areas where maintenance or restoration of ecological connectivity is
essential for conserving the unique biological diversity of California’s deserts;
2) To produce implementable linkage designs and provide the necessary data and
information to inform land management, land acquisition, restoration (e.g., habitat
restoration and restoration of permeability across transportation barriers), and
stewardship in connectivity zones.
In addition this being a well-documented wildlife and vegetation corridor, the area
is rich in ancient and sensitive cultural sites. The San Manual Band of Mission
Indians and the Morongo Band of Mission Indians, descendants of the ancient
Serrano inhabitants of the Pipes Canyon Buttes, consider this a sacred landscape.
Evidence of ancient habitation and cultural presence (rock art and ceremonial sites)
is well known to the BLM Barstow staff archaeologist and documented in BLM
databases. Sites on Black Lava Butte are also recorded by the State of California, and
are on file at the San Bernardino County Archaeological Information Center.
James C. Ramos, Chairman of the San Manual Band of Mission Indians sent a letter
dated March 9, 2012 to BLM Bartow Field Office in support of the ACEC nomination.
Ramos stated, “The tribe feels a keen stewardship obligation to protect and preserve
these cultural places that are important to ceremonial practice and tribe history and
identity. We request BLM to evaluate these areas for designation for ACEC, as ACEC
will offer protection and preservation of these pristine and culturally significant
resources.” Ramos went on to offer “government to government consultation on this
important matter and anticipates this correspondence will initiate further
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consultation.” (Note: James Ramos now serves as San Bernardino County Supervisor,
3rd district, where Black Lava Butte & Flat Top Mesa are located.)
Quote from The California Desert Conservation and Recreation Act (Title XX:
Miscellaneous, Sec. 2006: Black Lava Butte and Flat Top Mesa ACEC) legislation in
support of the ACEC, states the status is sought: “…in order to preserve and protect
roughly 1,700 petroglyphs and other cultural and biological resources.”
Given the established unique aesthetic qualities of the iconic Back Lava Butte and
Flat Top Mesa, the rich natural and cultural resources present, as well as the
presence of the rural residential landscape, the Preferred Alternative is not
consistent with the Court’s Minimization Criteria or the DRECP. We suggest these
general comments regarding suggested WEMO designations, and follow with
specific recommendations for route designations.
The proposed route system in the Preferred Alternative would negatively impact
residents in the Parsons’ Ranch area and would certainly spill over into the
neighboring communities in Pipes Canyon.
BLM routes WEMO 109090 (Boulder View Road), RC1423 (Acacia Road), and
RC1421 (Roadrunner Rut) are book-ended by private / County dirt roads noted.
Residents of adjacent communities must utilize Boulder View Road, Acacia Road or
Roadrunner Rut to access their properties. “Motorized” / “Street Legal Only Route”
sub-designation would allow residents access to their properties and will
minimalize conflict by prohibiting OHV use.
The WMRNP Draft DEIS does not reference the San Bernardino County OHV
ordinances in its analyses. County Supervisors passed the OHV Ordinance 3973
(2006) and Ordinance 28.040 (2010) to curb the noise (above the 55 decibels
threshold of comfort), dust, smoke and fumes from OHV riders in rural areas.
County Ordinance makes it illegal to ride on county roads and illegal to ride on the
private property of others without permission of the owner in hand. The BLM
Preferred Alternative proposes an OHV Route Network that would encourage riders
to enter the Buttes and trespass on private property. BLM must not build the WEMO
Route Network using County & private roads.
The residents maintain the roads at their expense and often their own labor in order
to keep them serviceable. They do not go to this effort to provide OHV use for
outside visitors.
The routes with Street Legal Only designations should be identified on BLM
WEMO maps in a unique color. They must stand out distinctly from other
Motorized designated roads!
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The trails in the “Saddle” between the Buttes access many fragile archaeological
sites including rock art and ceremonial sites. These should be protected with
designations “Non-mechanized” / “Hiking Route.”
To keep vehicles out of the fragile Hondo Wash and cultural sites located in the
Wash, designations must curtail redundant and damaging mechanized routes. We
advocate directing motorized activity to a single route (126967) adjacent to the
Wash’s north side and the closure of redundant routes through the Wash to all but
foot traffic. This will maintain OHV access to routes that lead north out of the Wash
connecting to Rattlesnake Canyon and Burns Canyon.
We recommend the closure of all BLM routes coming off of the county roads
(Landers CSA 70 R-15) in Flamingo Heights to the east. This serves to protect
private property interests, as well as protect the fragile wash and cultural sites from
damaging motorized access.
Our specific comments and recommendations are:
1) Map 3_16: Buttes’ “Saddle” area (map: “Butte Saddle area”)
Suggested Designation “Non-mechanized” / sub-designation “Hiking Route”
127012, 127007& 127011, 109082 (south of intersection w/ 126993)
Suggested Designation “TLD” / “Closed”
127005, 109081; 109082 north/east of intersection w/ 126993
2) Map 3_16: Black Lava Butte – eastern interior / north of saddle
(map: “Butte Saddle area”)
Suggested Designation “Non-mechanized” / sub-designation “Hiking Route”
RC 1418, RC1432, 109078, 126982, 126983, 126986, 126989, 126990,
126991, 126992, 126993 –
Suggested Designation “TLD” / Close
109077, 109078 east of intersection with 126982, 126990, 126981
This closes off access from Hondo Wash to discourage trespass across Flamingo
Heights’ private/County CSA roads.)
3) Map 3_15: private/County roads - Roadrunner Rut, Acacia, Boulder View
(map: “Roadrunner Rut area”)
Suggested Designation - “Motorized” / sub-designation “Street legal only”
109090; RC1423; RC1421
4) Map 3_15: connecting BLM road from Roadrunner Rut
(map: “Roadrunner Rut area”)
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Suggested Designation “Non-mechanized” / sub-designation “Hiking Route”
WEMO 108238 & 126978
Suggested Designation “Motorized” / sub-designation “Street Legal Only Route”
At the southern end of WEMO 108238 there is a short portion just north of 127020
that provides access to the County / private road Roadrunner Rut and private
properties. “Street Legal Only Route” will permit access for residents while
protecting them from OHV incursion.
Suggested Designation “TLD” / “Closed”
WEMO 127020 (spur into Black Lava Butte)
Has with no direct access from a BLM route, connecting directly into private /
County road Roadrunner Rut. (Note: Designated TLD in Alts. 1, 2, 4.)
Suggested Designation “TLD” / “Closed”
un-numbered spur north of WEMO 127070
Dead-ends in an area on the Butte that has become a nuisance as an illegal shooting
range, attracting other bad behaviors evidenced by trash. (Note: Designated TLD in
Alts. 1, 2, 4.)
5) Maps 3_15 & 3_16: Hondo Wash / Archaeological sites & access routes from
east (map: “Roadrunner Rut area”)
Suggested Designation – “Motorized”
126967
This will maintain OHV access to routes that lead north out of the Wash connecting
to Rattlesnake Canyon and Burns Canyon.
Suggested Designation - “Non-mechanized” / sub-designation “Hiking Route”
108232, 109081, 126931, 126964, 126968, 126970, 126971, 126974, 126975,
126977, 126978, 126979,126986, 126993,127014
RC1432, RC1437, R1440, RC1450
Suggested Designation – “TLD/ Close
108230, 11723, 126960, 126963, RC1428
Closure of these routes discourages trespass across private property and CSA roads
in Flamingo Heights.
In conclusion:
The Preferred Alternative acknowledges that undisciplined “free wheeling” has
created new roads and effectively sanctions past and future destructive & illegal
activity. In light of the very limited resources BLM has available to enforce legal
routes and curtail illegal activity through out the vast areas of its jurisdiction, it is
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critical to clarify what is a route and what is not a route. The tangled web of
intersecting and disconnected routes must be made simple and clear by elimination
of orphaned and redundant roads. Because signage is scarce and recreational
activity is increasing, if these measures aren’t taken, natural and cultural resources
will certainly be compromised, even destroyed.
The Preferred Alternative will not serve to protect the area’s resources, as
mandated by Minimization Criteria.
Thank you for considering our comments and recommendations. Please feel free to
contact us with any questions or concerns you may have.
Sincerely,
Sarah Kennington & Steve Bardwell
PO Box 644, Pioneertown, CA 92268
sarahjanek@me.com
steve@bardwellcase.com
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