United States Department of the Interior

BUREAU OF LAND MANAGEMENT
Phoenix District
Lower Sonoran Field Office
21605 North 7th Avenue
Phoenix, AZ 85027
az.blm.gov

April 19, 2006

This is letter is to inform you that the Special Recreation Permit (SRP) application has been determined to be not compatible with public land based on the following factors found below under 43 CFR 2932.26:

A. Conformance with laws and land use plans

The proposed Special Recreation Permit will not conform to the land use plans for the following reasons:

The Approved Amendment to the Lower Gila North Management Framework Plan and the Lower Gila South Resource Management Plan, July, 2005, under Recreation and Off-Highway Vehicles, Off-Highway and Special Recreation Vehicle Designation and Management, RR-9, second sentence, "Off-highway and special recreation vehicles are limited to existing and/or designated roads and vehicle routes. No unauthorized cross-country vehicle travel is permitted. Creation of unauthorized new trails and widening or extending existing trails is not permitted…"

During 3 separate field trips, field office specialists observed that the two-track routes identified for the off-highway race are on the average 10 to 12 feet wide. Given the specific race route has not been identified, it is the specialists' opinion that these route widths would not meet the needs of the race. The race participants would need wider routes in order to pass competitors during the race. The routes are not wide enough to accommodate this requirement and would ultimately result in several hundred acres of vegetation and soil degradation.

B. Public Safety

APS has expressed concern and believes the route that uses its maintenance road is a potential safety risk for injury to the participants due to the proximity of the poles and the Coffee Pot Substation. El Paso Pipeline has expressed the same concerns of proximity with their cathodic protection sites (e-mail and personal communication).

The fueling and spectator areas have not been identified in the Supplemental Operating Plan with the actual race routes, separating riders from spectators. Also, "play riding", as stated in the Operating Plan, will be a problem in the camping/staging area, possibly contributing to general public safety.

C. Conflicts with other uses

Lands - The proponent has applied for the use of the maintenance roads for the El Paso Natural Gas Pipeline Company (PHX-077457) right-of-way. Arizona Public Service (APS) operates the Ajo-Why 69kV power line and the Coffe Pot Substation (A-9417) along a portion of the planned race course. Also, there is a tap to the gas line cathodic protection station (A-7261).

Range - The proposed route falls entirely in the Childs Allotment that runs 50 head of cattle year round. The grazing permittee does not want the event to take place. A Standard for Rangeland Health monitoring plot is located next to one of the identified routes. The monitoring plot could be affected if participants stray from the route.

Cultural - No cultural assessment has been done for the proposed routes.

Soil, Water, and Air Quality - The majority of the soils fall into the Gunsight-Rillito-Harquahala Association. They are characterized as gravelly to sandy loam. The soils rate from moderate to severe in regard to surface and dust, potentially eliminating the area to OHV use. The soils would make route maintenance and air quality compliance very difficult.

Wildlife - The route traverses both non-categorized desert tortoise habitat in the creosote flats and Category II habitat near hills and incised washes. Although no specific surveys for tortoises were conducted along the proposed race course, previous surveys in the vicinity have documented tortoise activity. The Lower Gila Amendment states the "Competitive off-highway-vehicle race courses will not be located in category II desert tortoise habitat unless no reasonable alternative site exists. If no reasonable alternative site exists, impacts will be fully mitigated." Ferruginous pygmy-owl habitat is present along several route segments that traverse vegetated washes and mesquite bosques. The proposed routes are within proposed critical habitat for the pygmy-owl.

Native vegetation such as saguaros, palo verdes, mesquites, ironwoods, krameria, white bursage and creosote has grown over adjacent to the narrow routes. These plants will be impacted if the routes are used by race participants, reducing the available habitat. Also, the play riders referenced under B. Safety could potentially affect the vegetation.

Recreation - The actual race route and staging/camping area for the participants have not been identified making it impossible to know what direction the routes will take. An alternative for the staging/camping area was to use the Pima County Park. To date the county has not given its permission to the proponent to use the park for staging/camping (e-mail communication).

D. Resource protection

The Lower Sonoran Field Office staff conducted a field check of the proposed race routes and found that several portions of the route had no evidence of recent use by any vehicles and were no longer routes. Possible disturbances from the event include more visible depressions, holes, rills, and deep ruts. Larger gullies could form due to poor drainage in heavy rains. Soil crusts could be broken due to vehicle passing, accidents and course cutting. Soil berms could be created at the curves leading to increased wind and water erosion.

E. The public interest served

The Lower Sonoran Field Office has received both positive and negative comments, with more negative than positive. In addition, the office has received comments from the Organ Pipe National Monument, the Center for Biological Diversity, Pima County Department of Air Quality, the Tucson Legislative Office, Natural Trails and Waters Coalition, the Wilderness Coalition and Congressman Grijalva. The Center, Natural Trails and Waters Coalition and Wilderness Coalition stated they were not in favor with the proposal.

F. Whether in the past the permittee complied with the terms of previous permits or other authorization from BLM and other agencies.

The proponent has held an SRP with the Phoenix District Office for the past 12 years and has had little problem with its operations. Nevertheless, the BLM Lake Havasu Field Office cited the proponent with violating the terms of the permit. Future SRPs were rejected until the case could be heard. The case was dropped and dismissed, however the case took so much time that a new operator was established. The proponent no longer holds a permit with the Lake Havasu Field Office.

G. Such other information that BLM finds appropriate.

The SRP is not complete because the actual race routes and the staging/camping area have not been identified. Given certain route segments have not been acceptable to the BLM, there are not enough remaining routes to accommodate the number of miles for the racing participants. With the event comes the potential for cumulative effects when too many people recreate in a small space, negatively impacting the overall area. The Vulture Mine Race Course and the Hieroglyphic Mountains Course offer alternatives for motorized racing.

This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4, and the enclosed Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days of receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error.

If you wish to file a petition pursuant to regulation 43 CFR 4.21 (58 FR 4942, January 19, 1993) or 43 CFR 2801.10 for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the enclosed Standards for Obtaining a Stay. Copies of the notice of appeal and the petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.

If there are any questions concerning this matter, please contact Jack Ragsdale at 623-580-5643.

Sincerely,

Kevin Harper
Lower Sonoran Field Manager

Cc:
Honorable Raul M. Grijalva
House of Representatives
810 E. 22nd Street, Ste. 102
Tucson, AZ 85713