With the permanent closure of Clear Creek Management Area announced recently, another dilemma has developed – landowner access in and around gates blocking off the public lands.
County supervisors and residents at a board meeting this week expressed frustration at the Bureau of Land Management field office in Hollister for its proposal to permanently close most of the Clear Creek Management Area to residents – while focusing on the BLM’s recent move to block off some county-owned roads into the area with gates.
The board on Tuesday agreed to direct legal counsel for both the county and the Bureau of Land Management in Hollister to decide if the closure of some county roads in Clear Creek was legal.
“We will be seeking the appeal of the agency’s decision,” said Matthew Granger, the county counsel.
The debate came as the BLM released its “Record of Decision” last month relating to the Clear Creek Management Area, which had been a popular off-road tourism destination until the BLM closed it in May 2008 due to environmental factors.
Over 78,000 acres between San Benito and Fresno counties were closed that year, including 31,000 acres known as the “Serpentine ACEC” area about which the U.S. Environmental Protection Agency warned contains dangerous levels of cancer-causing asbestos.
Rick Cooper, the field office manager for the BLM in Hollister, announced the agency plans to open some areas of the Clear Creek Management Area on March 14.
The new openings would limit motorized use of lands to five days a year and non-motorized use to 12 days a year.
“Entrance into the ACEC (Area of Critical Environmental Concern) will be on a permit basis,” he said.
The agency released its final environmental impact statement on the area in March last year, which allowed a small portion of street-licensed vehicles to gain access to the park.
Last April, Congressman Sam Farr, D-Carmel, co-authored and introduced legislation in Congress known as HR 1776 – or the Clear Creek National Recreation Area and Conservation Act.
Going through Congress is one of the only options available to the county if officials want to reopen the lands. Litigation against the BLM would be the other option.
Members of the board and public voiced concerns with the plan that would, among other things, limit off-road bikes to the area, limit how long visitors may stay in the area and impose various fees to gain access.
A local business had a beef, too.
“When Clear Creek closed, we saw a drop in business by 20 percent,” said John Ortiz, owner of FaultLine PowerSports in Hollister, referring to the early 2008 closure. “We went from nine employees down to six.”
Bruce Brazil, a member of the California Off-Road Business Association, said the BLM’s plan is “disappointing” and decried the fees that would be required for friends of private landowners to pay to drive on the roads.
“It’s already been determined by the federal government that access fees can only be installed in areas that provide extra services” such as restrooms, he said.
Depending upon where a person might be heading in the area, fees ranging between $5 to $10 would need to be paid to apply for permits, Cooper said.
“Over time, access into the permitting area will be refined,” he said.
Supervisor Margie Barrios called the process a “joke” and said it is “really cumbersome” for property owners in the area.
“I really feel this is an injustice and a lot of freedom is taken away from property owners and people enjoying the area,” she said.
Cooper said private landowners will not need to pay any vehicle fees but did confirm that friends and families visiting those landowners would have to pay those fees.
“The federal government has found a very convenient way to limit access to citizens of the United States to public land because of this asbestos theory,” said Supervisor Anthony Botelho. “This is a change, and we’re struggling as it is.”
Ray Iddings, a homeowner in the Clear Creek area, said it was “tyranny” what the BLM was doing.
“A sign of tyranny is when a federal manager tells people how they can or cannot use their property,” he said.
Frustrated off-road enthusiasts viewed the closing of certain county roads with gates to prevent access to the park as the last straw.
“I, for one, am tired of bullies at the BLM,” said Dee Murphy, a local resident. “No way, no gate, no way.”
Members of the public urged the county to maintain control over access to those roads.
“I urge you to block BLM” from placing gates on those roads, said Steve Wells, a member of Friends of Clear Creek Management Area. “The public and many local businesses have suffered greatly from this closure.”
Supervisor Jerry Muenzer urged audience members who are against the BLM plan to contact Farr in support of his legislation.
“I have a hard time, whether they are county roads or not county roads, requiring property owners to jump through hoops to get to their own property,” he said.
Cooper said he was “committed” to keeping the gates open on county roads for 30 days until the proper action could be decided on by the county and BLM.
“The one thing we can do today is take down the gate that has been erected and stop the plan for putting up another gate,” said Botelho.
