CENTER FOR SIERRA NEVADA CONSERVATION v. U.S. FOREST SERVICE, 2:09-CV-02523-LKK-JFM. (2012)
Court: District Court, E.D. California
Number: infdco20120801937
Visitors: 4
Filed: Jul. 31, 2012
Latest Update: Jul. 31, 2012
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Having considered the parties' statements of position and the Federal Defendants' proposed order, the Court hereby orders as follows: 1. The 42 routes that intersect meadows and are the subject of this Order are listed in Table A attached hereto and incorporated into this Order. The Court hereby sets aside and remands for reconsideration in light of the applicable law that portion of the Forest Service's Final Environmental Impact Statement relating
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Having considered the parties' statements of position and the Federal Defendants' proposed order, the Court hereby orders as follows: 1. The 42 routes that intersect meadows and are the subject of this Order are listed in Table A attached hereto and incorporated into this Order. The Court hereby sets aside and remands for reconsideration in light of the applicable law that portion of the Forest Service's Final Environmental Impact Statement relating ..
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ORDER
LAWRENCE K. KARLTON, District Judge.
Having considered the parties' statements of position and the Federal Defendants' proposed order, the Court hereby orders as follows:
1. The 42 routes that intersect meadows and are the subject of this Order are listed in Table A attached hereto and incorporated into this Order. The Court hereby sets aside and remands for reconsideration in light of the applicable law that portion of the Forest Service's Final Environmental Impact Statement relating to the Riparian Conservation Objective ("RCO") Analysis for RCO #2 Standards and Guidelines #100 pertaining to the meadows on the 42 routes listed in Table A.
2. Until such time as the Forest Service completes supplemental environmental analysis pursuant to the National Environmental Policy Act ("NEPA") as provided above, public wheeled motorized vehicle use of a route listed in Table A that intersects a meadow shall be prohibited or limited as described in Table B attached to and incorporated into this Order. All other portions of the Forest Service's decision, including the parts of the 42 routes that do not intersect meadows, remain in effect.
3. The extension of the seasonal closing of the 42 routes issued by this Court on February 14, 2012 (see ECF No. 106, ¶ 4) is hereby vacated.
4. The Forest Service shall revise its Motor Vehicle Use Map ("MVUM") consistent with this Order and incorporate the changes reflected in the 2012 Meadows Maps for 42 Routes provided to the Court on March 14, 2012 with Federal Defendants' Brief in Support of Proposed Order. Until the revised MVUM is finalized and available for public distribution, the Forest Service shall issue an interim Forest Order consistent with the 2012 Meadows Maps for 42 Routes and Table B.
5. Nothing in this order prohibits the Forest Service from exercising its authority to close or restrict uses pursuant to 36 C.F.R. Part 261, Subpart B.
6. The Court finds that Forest Service has remedied the Endangered Species Act ("ESA") violation, and therefore no further action from the Court is necessary as to the ESA.
7. This Court does not retain further jurisdiction of this matter except to consider any claim for attorney's fees and costs. The Court directs the Clerk to enter final judgment in accordance with Fed. R. Civ. P. 58 and 79.
IT IS SO ORDERED.
Table A: 42 Routes with Meadows
8N23B 9N82 10N14 10NY06 12NY06 17E12
8N35 9N83 10N21 11NO9A 12NY15 17E16
9N01 9N95 10N26 11N22 13N24 17E17
9N04 10N01 10N32 11N23F 14N05 17E19
9N08 10NO3 10N98 11N26F 14N27 17E21
9N15 10N06 10NY04 11N70 14N39 17E24
9N54 10N13 10NY05 11NY32 14N58 17E28
Table B: Prohibition of Public Wheeled Motorized Vehicle Use on 42 Routes
Route Description Portion of Route Notes Mileage Mileage of
Where Use is of Route Route Where
Prohibited Use is
Prohibited
08N23B Route is used for Prohibit use 3.35 1.63
general dispersed from first
recreation. meadow to end
of route.
08N35 Route is used for Prohibit use on 1.76 0.01
general dispersed portion of road
recreation. within meadow
in Section 18.
09N01 Access to Blue Prohibit use 2.44 0.67
Lake, Twin from meadow to
Lake, Meadow west end of
Lake and road.
dispersed
camping.
09N04 Access to Squaw Prohibit use on Limits access 3.46 1.22
Ridge 4WD trail; portion of route to 09N82.
access to hiking from meadow
opportunities near Allen
within the Ranch to end
western portion where it
of Mokelumne connects to
Wilderness. 09N82.
09N08 Road to Allen Prohibit use Meadow is at 0.31 0.15
Camp Trailhead from meadow beginning of
and Stockton just past Allen route. Will
Municipal Camp Trailhead limit access to
Organization to end at Stockton
Camp. Stockton Municipal
Municipal Organization
Camp. Camp.
09N15 Road to Prohibit use on Meadow is at 0.2 0.2
California entire route. beginning of
Department of the route.
Fish and Game
land at Leek
Spring.
09N54 Secondary Prohibit use on Meadow is on 1.9 0.56
access to Leoni eastern portion private land.
Meadows. of road on
private land.
09N82 Squaw Ridge Prohibit use on Most of route 11.46 10.66
4WD route and entire route made
access to western (north and south inaccessible
portion of halves) except due to closures
Mokelumne for segment on of connecting
Wilderness. south end, south routes and
of first meadow meadow
crossing. crossing at
southern end.
09N83 Clover Prohibit use on North end of 4.83 3.18
Valley/Deer middle section route remains
Valley 4WD of route from open for
route; connector meadow at recreation from
between Hwy 88 section 32 to Blue Lakes
and Hwy 4; route meadow in area. South
recognized in south portion of end remains
Mokelumne section 8. open from Hwy
Wilderness 4 on the
designation. Stanislaus NF.
09N95 Route is used for Prohibit use on Meadow is at 0.45 0.45
general dispersed entire route. beginning of
recreation. route.
10N01 Road provides Prohibit use on One meadow is 0.82 0.82
access for entire route. at western end
dispersed of route and
camping near one is east of
Carson Pass dispersed
(adjacent to Hwy camping areas.
88). Prohibit use for
entire route for
management
purposes.
10N03 Access to Prohibit use Road ends 0.54 0.07
Devil's Gate before meadow before the
Recreation on private land. private land
Residence Tract. boundary.
10N06 Route is used for Prohibit use 2.21 0.07
general dispersed between
recreation. meadow on west
end to
intersection with
10N59.
10N13 Strawberry 4WD Prohibit use on Due to 7.89 7.26
Trail and portion entire route locations of
of road except for south meadows along
connecting end from this route, most
County Road County Road of route is
with Strawberry ALP-164 to made
4WD Trail. meadow at inaccessible.
Significant Schneider Use is
recreation Camp. prohibited on
opportunity that northernmost
is popular with portion for
multiple user management
groups. reasons.
10N14 Road access to Prohibit use on Meadow is at 2.49 2.49
Bucks Pasture entire route. beginning of
Trail. route.
10N21 Long Canyon Prohibit use 3.99 1.58
4WD Route. between
Popular 4WD meadow near
route away from border of
other dispersed sections 4 and 5
uses. to meadow north
of 10NY04E.
10N26 Road provides Prohibit use on Meadow is near 3.06 3.06
access to Cody entire route. beginning of
Lake Trailhead, northern end of
trail to Cody route. Due to
Lake and Cody locations of
Lake Boy Scout meadows on
Camp. other routes,
the remaining
portion of the
route is
inaccessible.
10N32 Access for Prohibit use at 5.19 0.02
dispersed meadow
recreation. crossing in
Section 11.
10N98 Route is used for Prohibit use on Meadow is at 1.94 1.94
general dispersed entire route. beginning of
recreation. route.
10NY04 Route is used for Prohibit use Allow use at 2.66 1.31
general dispersed from meadow at beginning of
recreation. Long Canyon to road.
west end.
10NY05 Route is used for Prohibit use on Meadow is at 1.27 1.27
general dispersed entire route. beginning of
recreation. route.
10NY06 Connects to Prohibit use on Meadow is at 1.65 1.65
10N26 and entire route. beginning of
11N23F in the route.
vicinity of the
Long Canyon
4WD Route.
1 INO9A Road to Sayles Prohibit use Allow use at 1.98 1.04
Canyon from first beginning of
Trailhead. meadow to west route.
end.
1IN22 Route is used for Prohibit use Allow use on 1.99 1.02
general dispersed from meadow to first part of
recreation. southeast end of route.
road.
11N23F North Shanty Prohibit use Allow use on 3.21 0.27
4WD route. from meadow to remainder of
10NY06. route to
connect to
11N23.
11N26F Barrett Lake Prohibit use on Trail has been 5.35 5.35
4WD Trail. entire route. rerouted around
some of the
meadows and
stream
crossing. Most
logical place to
close route is at
the beginning
where there is
already a gate
installed.
11N70 Access for Prohibit use 5.32 0.09
dispersed where route
recreation. crosses
meadows.
11NY32 Access to Aspen Prohibit use on Meadow is near 0.24 0.24
Creek Recreation entire route. beginning of
Residence Tract. the route.
12NY06 Route is used for Prohibit use on Use allowed on 1.32 0.21
general dispersed portion of route either end of
recreation. from meadow to route.
intersection with
12NYO6A.
12NY15 Access road for Prohibit use Meadow 3.78 2.9
dispersed from ridgeline to located near
recreation. west end of steep slope.
road. Prohibit use at
ridgeline to
allow vehicles
to turn around.
13N24 Access to Prohibit use on Remainder of 3.93 0.02
Rubicon River portion of road road to remain
and Deer Creek crossing accessible from
Trail. meadow. both ends,
allowing
continued
access to
Rubicon River
and Deer Creek
Trail.
14N05 Road provides Prohibit use Limits access 5.02 4.84
access to from first to 14N58.
McKinstry Lake meadow
and McKinstry crossing in
Hiking trail and Section25 to
to County eastern end.
maintained
toilets along
Rubicon 4WD
Trail.
14N27 Road provides Prohibit use 8.74 3.45
access to Bunker from meadow at
Hill Lookout and 14N27L to end
beyond. of road.
14N39 Road provides Prohibit use on Connects to 2.53 2.53
access to entire route. Rubicon Trail
Richardson Lake on Tahoe NF.
and Sourdough Meadow is near
Hill; popular for beginning of
dispersed route at the
recreation. Eldorado
NF/Tahoe NF
boundary.
14N58 Access for Prohibit use on Route is 1.66 1.66
dispersed entire route inaccessible
recreation. due to
prohibition of
use on 14N05.
17E12 Motorcycle trail Prohibit use on Meadow at 1.55 1.55
to Lovers Leap. entire route. midpoint on
trail. Prohibit
use on entire
route for
management
reasons.
17E16 Motorcycle trail Prohibit use on Made 2.36 2.36
to Little Round entire route. inaccessible
Top, used for due to closure
general dispersed of 10N13.
recreation, dead
end.
17E17 Bucks Pasture Prohibit use on Made 3.77 3.77
Motorcycle trail. entire route. inaccessible
due to closure
of 10N13 and
10N14.
17E19 Allen's Camp Prohibit use on Meadow near 1.97 1.97
Motorcycle trail. entire route. beginning of
route and
several more
are along route.
17E21 Horse Canyon Prohibit use on Meadow 5.01 5.01
Trail, motorcycle entire route. located near
trail from Horse eastern end of
Canyon trail. Prohibit
Trailhead at use on trail for
Highway 88 to management
the Squaw Ridge reasons.
area.
17E24 Connects Mud Prohibit use on Both ends of 8.11 6.67
Lake to Squaw west segment west portion to
Ridge Trail. between remain
intersection with accessible. On
Porthole Gap east portion,
Road meadow is at
(NST1724-B) to beginning of
a point on other route.
side of meadow
south of Mud
Lake. Prohibit
use on entire
east portion
from meadow at
Allen Ranch to
northeast end.
17E28 Motorcycle trail Prohibit use on Route 3.81 3.81
connection entire route. inaccessible
between Mud due to
Lake and Long prohibition of
Valley (Bear use on 17E24
River Reservoir and 9N82.
Area).
TOTAL 135.52 89.03
Source: Leagle
