Forest Service Releases Final Decision On Tellico OHV Area

The Forest Sevice Deciding Officer for the administrative appeals filed against Forest Supervisor Hilliard’s decision to close the Upper Tellico OHV Area has released his decision.

The Deciding Officer has decided for the Forest Service, concurring with and affirming the ARO’s, Supervisor Hilliard, October 14, 2009 decision for closure of the Upper Tellico OHV trails!

This constitutes the FINAL administrative determination on this issue by the Department Of Agriculture. Those who filed appeals are now free, under due process, to file suit in federal court.

by JC on January 20, 2010 at 11:54 am in News

Forest Service Malfeasance In Tellico Appeals Decision

As someone fairly new to the public lands access fight I continue to be frustrated and disheartened with the malfeasance exhibited by the Forest Service in relation to their Decision Notice to close the Upper Tellico OHV Area.

At issue at the moment is their blatant malfeasance in not following their own mandated Code of Federal Regulations, 36 CFR 215, in deciding the administrative appeals that were filed following the Decision Notice.

According to 36 CFR 215, and the time line as I understand it, the Forest Service Appeals Deciding Officer should have made a decision on the appeals by January 14, 2010. We have heard nothing from the Forest Service concerning this decision. Are these public servants not responsible to follow the same regulations that ordinary citizens are to follow?

Who is watching out for the American public’s interest in this attempt to close public lands to public use? Who will hold these employees of the American public accountable for doing what they are supposed to do? Why are the rules and regulations not being followed by those that work for us? Who will stand in the gap?

I continue to urge you to not let this issue be swept under the rug! Call, write or email your elected representatives, both state and federal! Call, write or email the NC Forest Service Supervisor and her managing agency, the US Department of Agriculture!

Continue to support, both financially and with your membership, those organizations that are fighting for YOU! Southern Four Wheel Drive Association, Blueribbon Coalition and United Four Wheel Drive Association need your voice to make them a strong and viable advocate for 4wd rights!

by JC on January 18, 2010 at 10:28 am in News

NC Trail Cleanup Weekend

Interested in helping keep public OHV trails open? There will be two cleanup events this weekend to remove trash and perform minor trail maintenance. The Uwharrie trail cleanup team, led by Chris Irving, will meet on Saturday, December 12, at 9AM at the Eldorado Outpost. On Sunday, Mike Burrell from the Trail Jammers will be leading the effort at Brown Mountain. Volunteers should meet in the Brown Mountain main parking lot at 9AM.

If you’re interested in lending a hand, RSVP in the organization thread.

by shawn on December 10, 2009 at 9:02 pm in News

Last Chance To Act Before The Forest Service Decides The Tellico Closure Appeals

This is your last chance to make a difference in the Rescue Tellico fight before the Forest Service makes a decision on the appeals that have been filed. I’m trying to make this as easy as possible, it is up to YOU to follow through!

Go here: http://www.votesmart.org/index.htm , type in your zip and get a list of your elected officials email addresses. Copy and paste the following and send it to them ASAP!

Dear Congressman/Senator,

I know you are busy, especially at this time of year, but I wonder if you are actually aware of the issue at stake in the public’s struggle with the Forest Service over access to the Upper Tellico OHV trails! In short, The Forest Service has been negligent in performing maintenance on OHV trails at the Upper Tellico OHV area for 15 years. Now they have decided to close public access instead of fixing their mess! This type of shoddy work on behalf of the American public CANNOT be allowed to happen! WHO will be held accountable? If the FS is allowed to proceed with this closure it will open a door to closure of public access in the entire United States! Who will stand in the gap?

Here is a link to the appeal filed by the Southern Four Wheel Drive Association & Blueribbon Coalition: http://www.sfwda.org/forum/uploads/5/Tellico_215_appeal_11-30-09.pdf

Here is a link to the appeal filed by SFWDA Member Flint Holbrook, Flint is a Registered Professional Engineer in TN, KY, OH, WV, NC & SC and is a Registered Professional Hydrologist with over 25 years of experience in the field. http://www.sfwda.org/forum/uploads/3/Holbrook_Appeals_plus_FOIA_27Nov09.pdf

The FS has insisted on conference calls for contact instead of face to face meetings, has denied all off the requests in Flint’s appeal including 1 day access to the trails by vehicle to confirm FS assertions and his FOIA requests.

The FS is stonewalling access advocates at each turn and “checking off their box” as having followed the rules of mandate if not ethics!

Both of these appeals are professionally written and contain numerous scientific, procedural and ethical examples of FS malfeasance in managing the Upper Tellico OHV area!

I know my elected officials are having a hard time in DC right now with everything else going on but if the FS is allowed to exhibit this type of malfeasance and get away with it where will it stop? Who will be held accountable to the American people for not doing their job and when?

Without some type of pressure from responsible agency USDA and my elected officials the FS will continue to close public access to public lands at their own discretion!

The 45 day appeal window is now closed. The FS Deciding Officer, one of their own hand picked representatives, will make a decision by January 14, 2010. PLEASE help motorized recreation Americans protect our access to public lands!

by JC on December 7, 2009 at 8:27 pm in News

NC Charity Fundraiser – Sponsored by CTB

It’s that time of year again. Christmas is only weeks away, and holiday charity fundraisers are in full swing. Dylan Wiles from the Carolina Trailblazers has organized a massive charity drive for this year. Rather than raise money for one particular organization, the goal this year is to divide the donations amongst five different charities. Four of those have already been picked: Toys for Tots, The Salvation Army, Susan G. Komen for the Cure, and Operation Homefront will each receive 20% of the donations. The final 20% will go to a charity picked at random from those suggested by contributors.

Dylan has also put together a few prize packages to help loosen people’s wallets. Donations of $5, $10, and $20 qualify for small, medium, and large prize packages respectively. You can even divvy up your donation of $20 into four $5 entries.

If you’d like to donate, you can send money via paypal to Brooked@yadtel.net or check the thread for additional options. The charity drive runs through December 24 at midnight. The fifth charity and the winners of each of the prize packages will be announced on Christmas Day.

Check below the fold to see what’s included in each prize package. Read More »

by shawn on December 7, 2009 at 1:57 pm in News

SFWDA, UFWDA & Blueribbon Coalition File Appeal With USFS

The Rescue Tellico coalition, SFWDA, UFWDA and Blueribbon Coalition have filed an appeal with the Forest Service asking for the Decision Notice to permanently close the Upper Tellico OHV trails to be overturned.

Blueribbon Coalition counsel, Paul Turke, filed an appeal on Monday, November 30th. The appeal can be read here.

SFWDA member and registered Environmental Engineer Flint Holbrook also filed an appeal through his company’s legal counsel last weekend. After reading both of these well written appeals, it is hard to imagine that the Forest Service will be successful in closing the Upper Tellico OHV trails permanently. Reason would argue that at the very least the Forest Service will need to do more studies to justify their position.

The appeal filing deadline was Monday, November 30, 2009. The Forest Service will now have 45 days do decide the appeals. After this 45 day process is complete, all of the avenues of due process will have been exhausted. If the Forest Service Deciding Officer affirms the Forest Service Supervisor’s Decision Notice for the closure of the trails, the appellants can proceed with a suit in the courts of law as a final recourse.

SFWDA, along with their partners UFWDA and Blueribbon Coalition, is dedicated to fighting this unethical, illegal and immoral closure action by the Forest Service and will pursue any and all avenues available to support the public’s right to 4wd recreation on public lands!

Be assured that SFWDA is actively involved in advocating and protecting your interests in this matter and needs your continued support!

by JC on December 2, 2009 at 7:37 pm in News

Forest Service Stance On Uwharrie OHV Trails

I had the privilege of meeting with District Ranger Deborah Walker and Recreation Supervisor Theresa Savery November 16, 2009 regarding the OHV trial system at Uwharrie National Forest. I have spent more time on the trails there this year compared to years past and the overall condition of the trails was of concern to me so I scheduled a meeting with them to discuss trail conditions and what the 4wd community could do to help.

First of all, Ranger Walker assured me of her commitment to keeping the Uwharrie OHV trails open for 4wd enthusiasts to enjoy. She was very specific in mentioning that NC Forest Supervisor Marisue Hilliard is very aware of the animosity toward the Forest Service by the 4wd community and that both of them were desirous of continuing to provide a quality OHV experience on the OHV trails at Uwharrie National Forest.

One of my main concerns in meeting with Ranger Walker was the proliferation of bypass and spider trails in the forest. Just over the course of this year, major bypasses have appeared on the Daniel and Rocky Mount trials. Spider trails have sprung up, as usual, in many areas, especially in the high spectator areas.

Ranger Walker’s stance is that bypasses are a necessary part of the trail system. In order to provide access in the forest to all levels of motorized vehicles, bypasses around some of the more difficult sections are required. However, it is not up to the individual trail users to determine where bypasses are necessary and to create them. The Forest Service uses the winter closure period to survey the trail system and determine where bypasses are most needed and to perform the trail and signage work necessary to implement them into the OHV system. During the open season it is necessary that trail users to remain on signed trails and bypasses! One of the things the 4wd community could help with is to come up with ideas to improve awareness of all OHV trail users of the necessity of staying on marked trails.

Another area of concern we discussed was Forest Service Work Days. The number participants in these work days has decreased over the last couple of years to the point the work days have become ineffective. It is necessary that we, the 4wd community, give back to the effort to keep the trails open and clean. Just this weekend I witnessed members of the CNC club dumping several bags of trash collected on the trails at the double parking lot trash receptacles. This wasn’t a club trail cleanup project, just some good citizens doing their job. When was the last time you stopped on the trail, during one of your regular rides, and made the trails better for those coming behind you?

The Forest Service has several projects scheduled for the winter closure period including installation of culverts, erection of bypass barriers and a survey of the trail system to look at improvements and additions that could be made. If you are a member of a club that participates in keeping the trails maintained at Uwharrie, please be sure to attend your club work days in 2010. If you are not a club member, try to attend at least one Forest Service Work Day in 2010. At the very least, next time you are there; pick up one trash bag full of cans and bottles. Trust me, it won’t be hard or take very long to find an area to accomplish this small task which will help make the trails better for all of us to enjoy!

by JC on November 22, 2009 at 9:34 am in News

Congratulations to DieselWhale

With 73 votes and an outpouring of support from board members, DieselWhale has been declared the winner of the NC4×4.com T-Shirt Design Competition.

DieselWhale #11

His prize is one gallon of Al’s Liner and a Spray Gun from Triangle Specialty Coatings.

Read More »

by Shawn on November 21, 2009 at 2:04 pm in News

T-Shirt Competition First Round Voting Ends Monday Night!

The T-Shirt Design Competition voting is now underway. The top ten finishers in this round will move on to the finals next week. The polling closes on Monday, November 16, at 11pm. Remember, this is for top ten, so pay attention to the guys on the cusp, this is where most of the action will be. Check below the fold for the placing as of 1pm Friday.

Read More »

by shawn on November 13, 2009 at 2:32 pm in News

Benefit Ride for St. Jude Children’s Hospital – Dec. 5

Carolina Backwoods is hosting a charity ride on December 5th at their park in Ash, NC, near Myrtle Beach. It will run from 9am to 9pm, and include a poker run, mud bog, hill climb, grudge race, and hide and seek. Events are mostly geared towards 4×4s and ATVs, but everyone is welcome.

There will be an entrance fee of $10 per rig and $5 per person. Participation in the poker run will cost you $15, and other events are $5 each. Proceeds will benefit the St Jude Children’s Research Hospital.

If you’d like to help or have suggestions for the event, please contact Carolina Backwoods through their website.

by shawn on November 6, 2009 at 12:15 pm in Upcoming Events

Featured Article

ROCK’VEMBER at Uwharrie this Weekend

Pack the rig, let’s go!
by shawn on November 6, 2009 at 10:49 am in Features

Rescue Tellico – This Is More Than A One Person Job!

I only frequent three forums, SFWDA, NC4×4 and occasionally Pirate4×4, but I think  that between those forums I get a general  feel for the pulse of the 4WD community.

The pulse I’ve detected is weak and tired! I know a lot of you have given up. A lot of you have written emails and letters and feel it was of no use. A lot of you don’t care. But the fact of the matter is that that is just what TU(Trout Unlimited), the SELC (Southern Environmental Law Center) and the USFS (U.S. Forest Service) are counting on in their effort to close the trails in the Upper Tellico OHV area!

The fact is that the fight is just beginning! If you check out my post on the appeals process, you will see that we are right in the middle of the battle!  I believe that if the trails are closed permanently, it will be because the 4WD community lacked to fortitude to stand up and fight for their rights.

Here is what we, the 4WD community, must do in order to fight to Rescue Tellico.

1) The letter, email and phone campaign of the pre-decisional process must be ramped back up!

2) Our elected officials must be contacted and made aware of the issues, facts and our position!

3) Media outlets, radio, TV, newspaper & magazine must be made aware of the same!

4) The general public, Mr. & Mrs. non-4WD user, must be made aware of the same and how this decision will impact their future use of our public Forests!

5) Anyone who commented on the issue during the comment period of the FS decisional process can appeal this decision of closure!  Anyone who wants to and has the ability should click here for information on how to write an appeal on this decision. An appeal is required of anyone who would consider bringing legal action in the future. You can bet that TU/SELC will be filing several appeals to protect their interests!

6) Fundraising – I know no one wants to hear this, especially in these economic times, but the fact is that barring our appeal being upheld, we will need money to support litigation.

Basically what we are looking at is fighting the same battle we just fought, again! The same things we did to try and influence the FS decision will now have to be done again to try and influence the appeal decision!

The questions is:  Will the 4wd community stand up and fight for their rights, again, or will it tuck its tail between its legs, give up on Tellico and go ride somewhere else?

by JC on October 27, 2009 at 12:12 am in News

Rescue Tellico – Conservation vs Preservation

From the SELC (Southern Environmental Law Center) website:

10. Saving special places. The heart of SELC’s mission is protecting one-of-a-kind sites of particular beauty or exceptional wildlife, historic, or natural value.

This is the SELC’s number 10 accomplishment in their list of top 10 things they have done over the years.

Merriam Webster says: protect – to cover or shield from exposure

“Education, Conservation, Recreation” – The SFWDA (Southern Four Wheel Drive Association) motto.

Merriam Webster says: conserve – to maintain constant during a process of evolutionary change

While the SELC, and associated groups like TU (Trout Unlimited), like to promote themselves as conservationist organizations, SELC’s own web site lists as one of their top 10 accomplishments, “protecting” the environment. What they mean by this is, to shield the environment from exposure to human use. Their philosophy of activism is actually geared more toward a preservationist point of view than a conservationist point of view.

Read More »

by JC on October 24, 2009 at 10:28 am in News

The Appeals Process For The Rescue Tellico Effort

This is the appeals process 4wd users will be following for appeals filed under 36 CFR 251 (Title 36 Code of Federal Regulations Part 215). This is another step in our fight to Save Tellico and we must adhere to these administrative appeals rules if we hope to continue our fight into the courts of law.

Read More »

by JC on October 22, 2009 at 7:37 pm in News

Featured Article

ECORS Fall Brawl 2009

We’re on site in Mountain City. If you’re nearby, pack your bags and come on out.
by shawn on October 9, 2009 at 5:51 pm in Features