November 12, 2001
VIA FACSIMILE AND U.S. MAIL
Sheriff Harold D. Carter
Imperial County Sheriff's Office
328 Applestill Road
El Centro, CA 92243
Mike Pool, State Director
Bureau of Land Management
California State Office
2800 Cottage Way, Suite W-1834
Sacramento, CA 95825-1886
Re: Safety Issues in the Imperial Sand Dunes Recreation Area
Dear Sheriff Carter and State Director Pool:
As legal counsel for the American Sand Association ("ASA"),
I have been asked to review existing BLM rules and California OHV
laws as applied to certain unsafe and potentially illegal activities
in the Imperial Sand Dunes Recreation Area ("ISDRA").
I refer specifically to activities at Competition Hill and the impromptu
drag races near Gecko Road and at Gordon's Well. Having completed
my legal review, it is my opinion that the existing regulations
could and should be strengthened, but are adequate to resolve this
problem, so long as BLM and the Sheriff's Office provide adequate
enforcement. Unfortunately, the ISDRA has long suffered from inadequate
enforcement staff. This situation cannot continue if accidents are
to be avoided.
ASA's correspondence with BLM indicates that the unsafe and unlawful
activities at Competition Hill, Gecko Road, and Gordon's Well have
grown steadily over the last few years and are now so prevalent
as to create a significant public safety hazard, especially during
holiday weekends. This is not an acceptable situation. During the
last year, ASA has written several letters and emails to BLM requesting
swift action to curtail these activities. But so far, no substantive
action has been taken.
The current situation demands that sufficient enforcement staff
be deployed at Competition Hill, Gecko Road, and Gordon's Well.
The unauthorized activities at these locations not only endanger
the physical well-being of those who recreate in the ISDRA, they
expose the BLM and the Sheriff's Office to liability for failure
to enforce the very rules designed to protect the safety of desert
visitors. It is ASA's position that a serious accident will occur
as a result of the activities at Competition Hill, Gecko Road, and
Gordon's Well. It's not a matter of "if" - only a matter
of "when." And ASA fears the "when" may be the
upcoming Thanksgiving Weekend.
BLM has proposed additional rules to deal with safety problems
in the ISDRA, and has submitted them to the Department of Interior
in Washington. However, approval of the new rules may be months
away. Further, while ASA believes the new rules are necessary, ASA
is not convinced they will solve the problem completely. BLM and
the Imperial County Sheriff's Office must work together to determine
the appropriate course of action. For its part, the ASA Board is
prepared to support a DUSK TO DAWN CURFEW at Competition Hill and
NO PARKING RESTRICTIONS at the drag races.
Finally, the solution to this critical problem cannot be deferred
until the proposed Resource Management Plan ("RMP") is
finalized. Immediate action - preferably before the Thanksgiving
Weekend - is required. ASA representatives would like to meet with
both of you in El Centro during the week of November 12, 2001, to
discuss a plan for addressing this serious issue. Please contact
Jerry Seaver, President of ASA, to arrange such a meeting. If we
do not hear from you by Thursday, November 8, we will contact your
offices directly. Thank you for your time and attention to this
matter.
Very truly yours,
David P. Hubbard
DPH/nlp
cc Jerry Seaver, ASA
Mark Harms, ASA
Bob Mason, ASA
Imperial County Board Of Supervisors
Sharon Housouer, Chief Deputy ICSO
Tim Salt, BLM
Ann Klee
Greg Thomsen, BLM, El Centro
Bob Zimmer, Chief Ranger
Dave Widell, Deputy Director
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