Thursday, November 15, 2012




Jerry Ingersoll, Forest Service Supervisor                                                              November 14, 2012
c/o Angie Morris, Recreation Planner
Siuslaw National Forest
855 Highway 101
Reedsport, Oregon 97467

RE: ODNRA Designated Routes project
Dear Mr. Ingersoll,

As you are likely aware I have been involved in OHV activities to include safety legislation, funding for law enforcement, as well as for the Forest Service and other agencies.  I have been supportive and have worked at including all stakeholders in an attempt to bring them together for the benefit of all.  Sadly I am very disappointed that the OHV community’s efforts to work cooperatively together are nothing more than naïve disillusionment on our part.  Your process could not have made that more clear.

Let’s go back a few years.  Initially we tried to partner with the Forest Service in getting the existing trails mapped.  We were told the intent was to map and keep but forbid new trails.  Your GPS equipment wouldn’t work at the time so we used ours – at the FS direction.  A lot of time was spent in mapping all of the areas only to find out from the FS that you could not use the data.  Ironically I believe you have used this data against us – you have to map it to close it and close it is clearly what has happened.

Nonetheless, we are the believing public.  We chalked it up to a misunderstanding and moved on.  When the committee was formed we noticed the lack of OHV participants involved and felt it odd that others would have an equal or greater say to OHV matters.  Simply put, why would a mushroom grower (a commercial grower) have as much or more say on a recreational issue?  Consider also their use is part-time, limited in area, and rarely disturbed by the OHVers.  They use our trails to access their picking areas.  This is just one example but there are more….

Looking at the bigger picture one has to wonder about common sense.  We have the FS dictating a plan when the FS has failed for years to manage the area.  We have the FS looking at environmental impact statements regarding “damage” done by the OHVers when clearly the biggest threat to the dunes is the many invasive non-native species the FS intentionally planted years ago and has neglected to control.  By the FS actions and inactions they have become the biggest risk to the ODNRA and yet we still allow them to remain in control of the area?  Ironically OHV activity is one of the best tools we have available to save the dunes.  Even environmental groups support OHV activity in this area.  We are not the problem – mismanagement by the FS is.

I find the history of the ODNRA just as disturbing.  It was initially designed as a recreational area, because it was not considered at the time to be useful for any other purpose – including commercial timber.  At some point it was determined non-native and very invasive beach grass was a great idea.  Building a foredune was included in this master plan with the intent to halt the shifting sands and protect our roadways and towns.  Plant a little scotch broom and non-native pine and wahlah – we have ourselves another government idea gone badly.  Years pass and all is considered a success as the dunes are quickly overtaken and “stabilized”.  In the original plan the intent was to manage and control the invasive species the FS planted.  Lack of funding and the fact that the planners underestimated how difficult and fast spreading the beach grass was, it rapidly spread to other areas.  How many acres have already been lost by a very poor plan and then a lack to manage it responsibly? 

Now we are protecting the invasive species the FS planted that will eventually be the death of the dunes and rather than looking at how to fix a problem they have created they look to one of the only successful tools available and restrict it further?  I would like to see an environmental impact done on the damages to the ODNRA over the past hundred years as a result of the FS actions, and inaction.  You are clearly barking up the wrong tree on this one…..

Unless this is a political agenda… and then it all makes sense.  We serve a Green God and there is a huge push to protect the environment.  Okay, then in this case we are all on the same team, right?  If the goal is to save the Dunes then two things need to happen.  The first is to remove these lands from the FS care.  Clearly the FS has not been able to adequately manage them.  Additionally, they are not a viable commercial forest and have been designated recreation.  There is a direct conflict.  Return these public lands to the State for management.  Secondly, manage the area to remove and manage the invasive species that were intentionally planted to include restoration to the dunes original state before the government agencies came up with their brilliant plan.  Pretty simple really.  What we shouldn’t do is more of the same with the same agencies because it is clearly not working.

I am certain my remarks have been expressed a hundred ways a thousand times or more.  It falls on deaf ears.  I am also quite aware if it is not specific to the plan then it will be discarded.  So let’s hit the specifics with regard to this plan.

Specifically I firmly believe the FS has intentionally misled the public using deceptive practices.  One example is with terminology.  The OHV public, as well as the public in general, defines trails as what you refer to as “user created trails”.  Then you define authorized trails as what we would consider roads.  It is referring to a “freeway” as a single dirt road.  Very misleading and I believe very intentional.  I have been riding with my family since about 2003 in the Northern riding area.  We did not participate in OHV activity until then.  I would consider us a very law abiding family.  We follow the rules.  We stayed on the trails and stayed off of those signed closed.  We have ridden those trails with law enforcement and have never been told they were off-limits.   No tickets were written, no signs ever went up on those trails.  Now other trails were posted so it would leave the common person to believe if well used trails didn’t have a sign posted then it was legal to ride there.  Many of these trails have also been maintained – possibly by the FS themselves and are considered to meet Trail Class 2 standards (Page 140 “Little input was needed because all designated routes proposed are existing user-developed routes needing little, if any improvement to meet Trail Class 2 Standards”).  Trees fall and yet the downed trees are cut up and removed from the trail.  So for years millions of visitors to these areas have been riding these trails without event.  New trails that are started are quickly posted closed.  The message was – these are open, these are closed.

BUT – now the FS refers to these trails as illegal user created trails and identifies only the roadways (that you deceptively call trails) as the only legal avenue for travel.  Then you post a sign, about a year ago, on one of these roadways that instructs riders to stay on the trails.  Very deceptive and the timing is suspect.  Basically what it appears you have done is to mislead the public once again.  They are staying on the trails but what you haven’t said, or enforced, or defined well for the public is that you meant roads, I mean trails, or you know, user created trails are illegal but you can stay on the trails that really are roads.. oh, it gets so confusing.  Meanwhile people continue to ride on the trails as they feel it is legal.  It also makes this process much easier for you.  By your definition you are not closing trails – only user created trails.  To the public it simply means you are closing all of the trails and they can only legally travel on the roads that you call trails.  (page 68 “Currently, the public are not reasonably aware that travel through MA 10C is permitted on designated routes only.”)  Since 1994?

That brings us to Alternative 1 – this clearly shows the deception to the public.  It says no action will be taken.  It will remain as it is.  Many in the public will be ecstatic with this option BUT it is because no change for them means they can legally continue to ride on all the trails they have been riding on for years but just can’t create new ones.  For the FS it means they go back to the 1994 plan that was never implemented or signed and all “trails” will be closed. 

That brings me to my second point.  10-B was open for riding meaning you could ride cross-country, create as many dang trails around the plantation pine and clumps of invasive grass as desired.  Now that it has grown in with invasive specie’s we have to protect it and there is an accusation that the trails were made illegally by the riders?  This makes no sense.  The entire area was open to riding – the mismanagement by the FS to not contain the invasive species is the issue.  You are taking away an area based on your mismanagement?  You are banning OHV use in areas where it is literally needed?  Those trails that you close – do you expect them to revert to sand or grow over with more invasive species?  It is the free flowing sand that needs protected.  So clearly Alternative 1 would be the worst option for the OHVers and the environment.

Converting 10B to 10C – That opens up a huge can of worms for the FS.  To protect the dunes the reverse would be most beneficial.  Open up more areas for travel not less.  (page 129, etc. “Designating additional routes would lessen the magnitude of resource impacts on nearby currently designated routes by distributing OHV use in the riding area.”)  Travel keeps the invasive species at bay.  As far as impact from OHV activity – clearly when you are talking about changing what was open to OHV use to restricted access because of the flora and fauna you must consider if we were such a negative impact then these areas wouldn’t have allowed the flora and fauna to thrive.  ( Page 73 – “The effect of all alternatives on TES botanical species is no impact and further discussion is not needed”) OHV use has not been enough to keep those areas open – why would you then exacerbate the problems by banning a “tool”?

With regard to the other options:  Basically all the options are to close and offer no solution to the actual problem at hand.  This is in part by starting with Alt. 1 suggesting to the public there will be no change when in fact it is a total trail closure.  I can stress how deceptive this is.  When your starting point is flawed it makes it nearly impossible to take a comprehensive appraisal of the other alternatives.  This document and its supporting evidence was not made in a way that the public can understand or reasonably comment.  Most will be discouraged and confused.  Was this intentional misleading or an unintentional act simply due to your depth and understanding of the topic?  Either way, it is your responsibility to insure it is easy enough for the public to understand so they can make an informed comment.  I do not believe you have succeeded.

Clearly most in the OHV world will opt for Alternative 5.  It appears to give the OHV community something when it is really simply still taking a massive amount away.  It is the only option that allows access to the lake.  As I understand it the FS in managing this area is instructed to manage for a variety of recreational uses.  This is the only option that will allow my family to continue to swim, fish (page 113 “The direct and indirect effects are not measurable….”), boat, and relax by the lake.  We spend many hours there at each visit and swim there year round.  Clearly, by the many remarks received, other families heavily use this area as well.  I was disappointed that our remarks seemed to have been ignored. 

Obviously when only given these choices I too would pick Alternative 5.  It is like picking between bad or worse and I feel that this whole process has been flawed and misleading from the start.  Clearly the outcome is what I had expected based on the Land issues in other areas.  The FS saved the most heavily used for last so they wouldn’t bring attention to the less used and easier to close areas.  The benefit to the OHV riders at the ODNRA is the outrage being expressed currently by all outdoor recreationalists affected by the massive closures of public lands is leading into legislative and legal changes.  I believe the FS will be temporarily effective in implementing their chosen option but feel the public will at some point have their fill and we will see a change to this process and access.  Do I feel I have any course of action – that my comments will make any difference whatsoever? Clearly no.  Likely it is a waste of time and likely that is what the FS hopes to accomplish.  You are required to take public input but that doesn’t mean you have to consider it. 

Sadly I feel there is a solution to the actual threat to the ODNRA that will never be explored.  Without legal intervention the public will be left out of the process then restricted from PUBLIC lands.  Who then will be held accountable when the dunes are no more?  I suggest the FS should focus on returning the ODNRA to its pre 1930’s condition.  If OHVs are not a threat and the FS is then who should really be the one restricted?  Do your jobs and clean up the mess you have created.  The OHV community is an asset – not a liability.  We should be treated as a partner rather than a pest. 

Lastly I have one request for a response.  The data was not listed and likely not studied but I feel it is imperative to any decision made.  What is the NEPA data for leaving things with the current use to include all user created trails.  There should have been an option for this as well rather than or in addition to the Alt. 1 where no action would be taken.  If no action would be taken then you need to take into consideration the continued use without change.  This process is incomplete without that information.  It too should be an option for the public to comment on.  I await your reply and ask that my comment be made a part of the legal record.

Thank you,



Linda Minten
37733 Robinson Dr.
Scio, Oregon 97374
503-394-2180

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