Public Lands Issues

Controlled Burns Issue.



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Page 9, Section 12. The information on my page came directly from individuals whose homes were threatened by the actions of Los Padres Forest Watch. If Los Padres Forest Watch has a problem with them, they should talk with them.  As homeowners have stated and shown, not only was Forest Watch permitted to comment, they did, again, there is no malicious or defamatory intent, only the purpose of demonstrating that the actions of Forest Watch are at times injurious

Forest Watch filed a lawsuit against the Forest Service, complaining of violation of Federal Code. While whether or not the Forest Service violated ARA regulations is beyond our scope, there are several claims made by Forest Watch that need to be scrutinized.  This appears to be another case where Forest Watch with the intent of addressing one action of the Forest Service acted against the health of the Forest and the safety of Forest Users and Adjacent land and home owners


Forest Watch together with the  Chaparral Institute sued the Forest Service over what they stated were violations of ARA

The Lawsuit is here, there are several misrepresentations contained in it, which the writer explains in her letter, and are summarized below;

The writer states that the Fuels Treatment,  is a huge benefit to the community.

She was very concerned about the lawsuit and addresses points brought out in the Complaint and in Forest Watch public information.

A Richard Halsey of the Chaparral institute stated that Citizens need to be allowed to review and comment on projects that impact public lands. The Writer discloses that Forest Watch provided 20 comments on the proposed project, giving the lie to Richard Halsey's comment.

She explains that Forest Watch approval of certain aspects of the project but not others shows no knowledge of the local topography and of wild fire behavior (I think this is a common denominator throughout Forest Watch interventions. (I don't like that word, need another).

The Writer states that community at Tepusquest was saved from the La Brea Fire as a direct result of Forest Service Fuels treatment.

She states that a greater program of controlled burns would have prevented more destruction of forestland. (this should be apparent to even a casual observer).

She describes the approach the Forest Service uses to do fuels treatment and concludes with a statement reinforcing the benefits of controlled burns. On the following table I am going to put page an line numbers of claims in the complaint on the left  and the response from Tepusquet residents on the right.

Violation of ARA Reg Page 2 lines 10-18
Tepusquet residents dispute this violation of ARA claim as the were notified and involved in the projects from the beginning. Jeff Kuyper himself, Executive Director of Forest Watch a plaintiff in the law suit provided 20 comments which are documented in the the Tepusquest Fuels Treatment Project Decision Memo. In addition there are about fifteen other individual's comments listed in Appendix C of the Decision Memo.
They oppose portions of the Fuels Treatment; page 3, lines 1 to 8
Tepusquet Residents state that this is very misleading and does not indicate knowledge of fuel or ground conditions in the area. Tepusquet Canyon parallels the National Forest boundary at a variable distance from contact to 2 miles, they state this is not several miles removed. They state that the La Brea Fire moved 14 miles in 5 days due, not to winds but to heavy fuel buildup (chapparal) that had not burned in 60 years. They state that the nearly conclusive reason the canyon ranches and residences did not burn was due to existing Forest Service prescribed burn areas. They feel that a buffer against fast moving fires is a priority for them. They state that one of the only habitats that survived the fire was where the Forest Service had done prescribed burns.
They again state they were unable to comment, Page 3, lines 16 to 21
Yet their comments are in the Decision Memo.
Claims of visitation and use, page 4 lines 13 to 19
I find these claims disengenuous, this area is primarly used by off  highway vehicle users, dirt bikes and quads, and hunters. This year access is of course limited due to the Forest Watch Anti Brushing lawsuit which has resulted in closed roads throughout the Forest.
Chapparal Institute Page 5, lines13 to 18
These lines indicate to me that Chapparal Institute does not understand fire behavior in chapparal. A small scale project is not defined, but, apparently the existing Fuels Treatment plan was too large for their taste, yet, a wind driven fire through old chapparal growth is something to see. If the Forest Service is to fulfill its mandate it needs to be allowed to have its, professional experienced experts make the decisions as to what is appropriate, not untrained urban dwellers.
Page 5, 19 to 24
Most public land users prefer to use land that is not burned to a crisp. Adjacent land and home owners prefer that their land and homes not be burned to a crisp. Allowing the Forest Service experts to use their judgement is the environmentally superior alternative. A chapparal environment is not conducive to visitor use, unless one is perhaps an llegal marijuana grower.
Page 14, lines 8 to 9
This is the infamous "Equal Access to Justice" The mechanism by which the United States Forest Service has paid over $12,000,000 to "environmental" groups and their lawyers in the past 12 years. By United States Forest Service, let us remember we are talking about you, the taxpayer.

Now, it is evident that the Executive Director of Los Padres Forest Watch misrepresented the facts on the ground. I have included a link to a news article fromthe
Mountain Enterprise which shows another incident where he misrepresented the facts on the ground.



I have portions of another letter with some information redacted for confidentiality.


"I live in Tepusquet Canyon, north SB County.
 
Forest Watch and California Chaparral Institute filed a lawsuit "challenging the US Forest Service's notice and comment regulations" regarding the Tepusquet Fuels Treatment Project.
 
I find this confusing because I attended several "noticed public meetings".
 
They also contend that the project is "far removed from the Wildland-Urban Interface and extends several miles into the remote LPNF back country".
 
The Tepusquet Fuels Treatment Project is part of a larger project called the Colson Unit of the Brookshire Prescribed Burn Project that started back around 2001. The Forest Service identified several areas (8 in total I believe?) that would most impact the Urban-Interface area should a wildfire occur. Since 2001 they have been working these areas, one at a time, mechanically and with controlled burns. They have postponed doing work on scheduled areas over the years due to other fires in Santa Barbara County already impacting the Forest.
 
In my opinion, the terrain dictates the size of an area that needs to have the fuels treatment.  If it is not large enough to have an arresting effect on windblown embers, what good is it? Especially if it's YOUR home that is on the other side of the "Interface Area!" It was exactly a portion of a prescribed burn area that stopped the La Brea Fire from burning homes and allowed the firefighters to control/stop the fire on the northwest of the La Brea Fire because it had run (and I mean run, this fire was not at a walk) into a prescribed burn area that the FS had done two years ago.
 
Keep in mind that areas of the LPNF, in the Tepusquet area have not burned since the 1950's. That's over 50 years of accumulated dead chaparral! And it's already been proven that prescribed burns are beneficial to forest health. We don't want all the vegetation to be of the same age.

I wonder if anyone from Forest Watch/California Chaparral Institute is familiar with the area involved? Have they gone on site of the prior prescribed burns? Did they SEE the mosaic of burned and unburned areas of the original project or are they sitting on their thumbs pushing paper just because they can? I also resent the filing of a lawsuit that wastes my taxpayer dollar for the Forest Service having to defend itself."


A forest user from an urban area and I had a discussion recently, wherein he asked the question, "Shouldn't the Forest Service get out of the fire suppression business altogether?"

His reference was to  pre anglo settlement of the state when fire were frequent enough that there was relatively little fuels buildup, hence fires were relatively light on the land.  The Forest Watch and Chaparral Institute and other "environmental" organizations seem to prefer to ignore the massive fuels buildup caused by a century of active fire suppression. Today, to not work to reduce the man caused fuels buildup is clearly foolish.

If the Forest Service and other agencies could reduce the fuel available for wild fires, could reduce that fuels level to a pre contact condition, then wildfires would once again be a primarily benefical tool.

But, to  get there will require controlled burns on a massive scale. The activities of urban based organization opposed to massive fuels treatment only serve to make our forests more hazardous. I think that Chapparal Institute has failed to consider the decades of fuels buildup due to active fire suppression.



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