The Clear Creek Story

Discussion in 'Clear Creek' started by KenD135, May 14, 2010.

  1. KenD135

    KenD135 Well-Known Member

    Sorry I have been so cryptic lately but, I cant wait any longer. There has been so much going on behind the scenes. Start calling your local and state representatives and tell them what is happening.

    I'm not done yet, keep checking back here, I will have more to share later. :cool


    Dear Congressman Farr, 04-07-2010

    I am a Police Officer with the City of Santa Cruz and have been employed there for almost 18 years. I wanted to pass on a little information I found that I hoped would garner your support to re-open the Clear Creek Management Area. I have been recreating in the Clear Creek Management Area since I was a young boy, 1968.

    The Friends of clear Creek Management Area who I am a member of requested from the BLM's Hollister field Office, information regarding Clear Creek under the Freedom of Information Act. After going through many of the reports, memos and emails I found some interesting information that you needed to be aware of.

    I also requested using FOIA the photographs the EPA took during their test to record their "as close to real life" testing procedures.

    On September 28, 2005 the EPA conducted their dry season dust sampling and took many photographs to document their study. The CCMA was closed to the public during the test due to the BLM enacting a dry season closure. In the photos and DEIS comment I attached you can clearly see the roadway where the ATV's and motorcycles are riding, it is very dusty. What I wanted to point out is the CCMA road has had tons of gravel placed and compacted on it over the years to keep vehicle traffic safe and to control erosion. In the photos the EPA took during their testing they photographed a portion of the roadway from Oak flat back towards the entrance. In these photos you can clearly see tractor tracks and scrape marks on the roadway, which appear to cover the fresh tire tracks. Per the BLM Hollister field Office there are no records of road maintenance during this time period and per their own policy they do not conduct road maintenance during dry the season.

    The BLM purposely softened the roadway using a tractor to create dustier conditions just prior to the EPA test. This action severely undermines the public's trust in the BLM and EPA. I have attached the photographs for viewing.

    On March 4, 2008 at 0831 hours, Mike Poole sent Henri Bisson an email titled: Clear Creek Asbestos Problem-Serious. The following is from the email. I attached the complete email for your viewing.

    “If the EPA risk assessments hold true in their final report to be completed late April or early May, we plan to close the area off to public use. This temporary/emergency closure would encompass approximately 32,000 acres-perhaps even more to logically secure the area at key points. Subsequently, we will revise the Clear Management Plan and decide on a preferred alternative regarding future use.”

    “The exposure rates are much higher than expected.” “Both the BLM Toxicologist Karl Ford and the Departmental industrial hygienist Tim Radtke have reviewed the draft EPA findings. At this stage, they have not disputed the risk assessment to human health. This includes the EPA protocols for sampling, analysis and modeling outcomes. We anticipate the closure will go into effect around May 1-concurrent with the posting of the final report by EPA.”

    I have the Karl Fords memo to Rick Cooper dated February 8, 2008 regarding review of “Clear Creek Management Area Asbestos Exposure and Human Health Risk Assessment,” Region 9 EPA. Ford had many concerns about the EPA test results.

    The HFO BLM had been in direct contact all along with the EPA regarding their test results and knew the EPA’s position regarding the risk assessment was “uncertainty or perhaps zero.” The draft is not yet out yet and when they do receive it, it still states “uncertainty and perhaps zero.” The EPA’s report does not reflect a need to close CCMA.

    On 03-07-2008 at 1:32 pm Rick Cooper sent Jim Abbott an email titled: Discussion on Clear Creek.

    First bulleted paragraph: "Making a decision the minute the final report comes out gives the appearance that BLM dis not even take time to consider the report. The intent of the RMP was to analyze land use on the project area utilizing the assessment data. It is in BLM's interest to have an open public process (even a short one) prior to making a decision for closure and may aid in our defense of any appeals."

    Second bulleted paragraph: "BLM will need to close all county roads in CCMA to effectively close and control access to the Hazardous Asbestos Area. Not fully disclosing BLM's intent (closure) with key audiences identified in the Pre Comm. Plan and then 2 weeks later closing the CCMA could be detrimental for our long term relations ad credibility with our stakeholders."

    On 04-11-2008 at 1105 hours, After receiving the final draft EPA Executive summary report regarding the asbestos test/study of Clear Creek, Timothy Moore sent Rick Cooper an email regarding the EPA's report. Also included with the executive summary is a three-fold information sheet titled "Asbestos in the Environment at the Clear Creek Management Area."

    Mr Moore writes: Rick, On the FAQ's- we need to change the information packet we sell that contains, "Asbestos in the Environment at the Clear Creek Management Area." some of this information in this three page handout conflicts with the new EPA data, such as pg 2 "low levels of asbestos are not likely to be harmful to your health."

    "I think the BLM needs to develop its own FAQ's for the CCMA EIS process."

    "Questions could be:"

    "Why the emergency closure?"

    I have attached Timothy Moore's original email for your viewing.

    On 04-11-2008 at 0142 PM Rick Cooper sent Jere Johnson and Arnold Den of the EPA an email regarding the Executive Summary. Subject: uncertainty in model.

    Jere and Arnold,

    Just reading through the executive summary. The last paragraph places some doubt as to the adequacy of the model used. The risk could be lower or zero. I am aware that the EPA has been consistent in mentioning this and it was in the previous draft.

    I am sure the BLM will be asked “why make an emergency decision on a model that may not accurately portray the risks to the public?”

    The basis for this decision is the models depiction that most of the activities exceed the acceptable risk range of 1in 10,000.

    Any thoughts on a response?

    The EPA’s report still reflects their position regarding the risk assessment, which was “uncertainty or perhaps zero.”

    The EPA has not been very forthcoming with my FOIA requests for information regarding their communications between the EPA and BLM regarding the CCMA.

    My investigation shows the BLM severely sabotaged the EPA’s dust sampling test in September of 2005. Also the BLM was in contact with the EPA throughout the study and knew the EPA’s opinion regarding the risk was “uncertainty and perhaps zero” not supporting an emergency closure. After the final EPA draft was provided to the BLM, the BLM convinced the EPA to change the wording to support an emergency then permanent closure of the Clear Creek Management Area.

    I also learned through reading the emails the BLM met with you and your staff prior to the closure to garner your support. I believe you as was the rest of the public were misled by the BLM.

    Congressman Farr, the people need your help in this matter.


    Ken Deeg
    Timekeepers MC
    Friend of Clear Creek Management Area

    This photo was taken by the EPA to show their real life testing process. Check out the fresh track marks. No wonder the risk results were so high in the September 2005 dry season test. The Creek was closed to the public due to the dry season closure.

    In the memos I have read, it has been noted that for many years the BLM has been under pressure from the EPA to do something about Clear Creek. That's why the BLM had the EPA conduct more testing to access the risk of Clear Creek. When the EPA's results were almost final and there was uncertainty in the model and the risk could be lower or zero this did not support a closure so the report was changed to support a closure.

    The EPA lost in Montana and they have no choice but to fight again to redeem their credibility.

    The Sam Farr memo is upside down, oops. Open it then click view, then click rotate until its straight. Sorry!!!

    Attached Files:

  2. KenD135

    KenD135 Well-Known Member

    Justin has something to share too.:thumbup
  3. BrianV

    BrianV -1

    Los Gatos
    Excellent work. :clapping
  4. Andy

    Andy Wheelie for Safety

    Los Altos, CA
    It looks like Rick Cooper, Jim Abbott and Mike Poole were all very eager to close Clear Creek based on the EPA report they colluded on.

    Rick Cooper's email to Jim Abbot 03/07/2008, see post #1 for pdf attachment.


    Of course they didn't consider the EPA report. They already spent years conspiring to make sure the EPA tests would show a health risk. Grading the road prior to testing, having the trailing rider ride in the worst possible position, using numbers like 30 years of continuous visits and the FRAUD just goes on and on.
  5. justinandkarna

    justinandkarna PUBLIC Lands

    Notice anything on the extreme left side of the Photo?

    A Employee of the Federal Government notified "us" that the BLM and/or EPA "dragged" some of the routes wth a dozer used during the September 2005 EPA testing.

    This photograph was taken by the EPA during the September 2005 testing on Clear Creek Rd. inbetween Staging Area 1 and 2. All of the EPA testing began at Oak Flat and then after passing Staging Area 2 they split off in different directions, or in other words this was the only area that all of the EPA testing (moto/atv/suv) used.

    The BLM has denied that they have any record of road maintenance during this period of time, however they have acknowledged that doing road maintenance during the "dry" season is against their normal operating procedures due to the excess dust created. Clearly a dozer was there.

    When this photograph was taken the Clear Creek Management Area was under a dry season closure, therefore it is highly unlikely that any member of the public created these tracks.

    There are more photos :)

    F R A U D

    Photograph 1 correct size.jpg
  6. brprider

    brprider Well-Known Member

    Big Nasty
    this is fraud! some one must over see the EPA and the BLM and stop this ****! they should go to jail for this:yell
  7. XX4fun

    XX4fun Safe while at rest

    You guys are sharpening the pencil for sure!:thumbup Ken, that was a great letter sent to Farr. Justin, thanks for you countless hours researching this stuff. You guys are showing Joe public how much bull**** is being pulled. :bow :bow OFF WITH THEIR F'ING HEADS I SAY!.

    (Pictures are truly worth a thousand words)
  8. KenD135

    KenD135 Well-Known Member

    I separated this tid bit so everyone can pay attention and do the right thing. The name and address are located at the bottom.

    Also start emailing and calling your local and state reps. I am not worried about plagiarism so cut and paste as you see fit.
  9. KenD135

    KenD135 Well-Known Member

    How about Karl Fords assessment of the EPA's almost final draft. He is the BLM's go to scientist in this field. Karl had many issues with the EPA results but probably or unfortunately was told by his superiors to just go with it and drink the cool aid.

    Attached Files:

  10. KenD135

    KenD135 Well-Known Member

    What flavor cool aid do you thing a small group of BLM employees are serving here?

    Attached Files:

  11. CVJason

    CVJason Well-Known Member

    Carmel Valley
    Were Karl's questions ever addressed? This guy pretty much nailed the EPA testing methods. This document is one of the most complete I've seen so far. This needs to be followed up on, to see what the BLM reaction was to his comments.
  12. KenD135

    KenD135 Well-Known Member


    Unfortunately, as you could see with Karls demeanor during the public comment meetings he was told to drink the cool aid roll with it.
  13. KenD135

    KenD135 Well-Known Member

    The EPA took this video to capture their as close to real life testing process during their November 2004 test.

    Notice how fast the driver is driving and how MOIST the area is. Looks like the EPA collected dirt clods to test instead of dust.

  14. justinandkarna

    justinandkarna PUBLIC Lands

    That video was shot on the second day of "moist" testing (in fact, the ccma was bone-dry during the testing) (see my moist comment in ccma comment section).

    The first day had extrememly-low relative humidity and high temps, the CCMA had only had rain 3 of the previous 180 days. In fact there are photographs of a OHV'er riding CCMA on the first day of moist testing without a shirt (due to the heat). The second day (as you can see in the video, had low clouds).

    Guess what day had higher asbestos exposure levels? The first.

    Guess what day the EPA decided to use more samples from? The first.

    "Cherry Picking" would be a way to describe their methods.
  15. justinandkarna

    justinandkarna PUBLIC Lands

    Notice anything in this picture? It was taken adjacent to Oak Flat during the September 2005 testing.

    In addition to the fresh blade tracks on the lower right side of the picture, look down the road towards the rider (epa data collector), you can see where the high-points in the road were prior to the dozer blade smoothing them out.

    Where do you think the dry soil that was removed from the top of those high-points went? Right into the EPA's data collection devices.

    Again, the BLM has stated it is outside their normal operating procedure to conduct road maintenance during the dry season due to increased dust production.

    cma photo 4.jpg
  16. dirtman

    dirtman Well-Known Member

    Also sounds like the driver does not use a seat belt, listen to the "ding....ding....ding" as he's driving. He should be ticketed
  17. KenD135

    KenD135 Well-Known Member

    Good observation!!!!
  18. terrytinney

    terrytinney Well-Known Member

    Maybe Dick Pooper "exempted" him from needing it along with any other safety gear. It's funny how they are wearing respirators and other protective gear during the testing, but then no one is wearing anything before or since while working there, yet their testing determined it's too dangerous for us to ride.:idunno
  19. KenD135

    KenD135 Well-Known Member

  20. RiderX

    RiderX Well-Known Member

    Morgan Hill
    Looks to me like they may have been going over the posted/allowed speed limit. While I have come around corners on my bike looking at trucks or suv's doing that speed, it is not the normal/safe way to recreate responsibly.

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