MORE BUREAUCRACY RUN AMUCK
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This is a story of ONCE AGAIN – Bureaucratic bullying of so-called public land and public property.
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This blog is the information Kathleen Hayden shared with me…
this story is astounding! (but not surprising)…
We The People must get involved and take action.
We The People must stop the theft of land & property
We The People – 300 Million
Are the ones in charge if we will just take charge!
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Theft of a National Treasure
In 1769 Horses were introduced to Southern Ca. by the first Spanish settlement in San Diego. Six years later native American villages throughout the region had established herds of cattle, horses and sheep.
By 1850 the Indians revolted against Land baron John Warner at Warner Springs, massacred the intruders and moved their herds down the mountain to their desert villages in Coyote Canyon.
The land subsequently became under BLM jurisdiction and a Coyote Canyon herd area was designated in perpetuity for the herd under the 1971 Free Roaming Wild horse and burro Act.
Subsequently BLM transferred sections of land to the Anza Borrego Desert State Park including the Coyote Canyon Herd Area, In 2003 Parks decided to eliminate the tiny Indian herd of 29 horses.
Our local horsemen group contacted Ca. State Senator Bill Morrow to save this heritage, and he interceded. None the less, and in defiance of law State Parks shipped 19 slick and pregnant mares from their warm desert home to Dayton Hyde’s Dakota sanctuary in -4 degree snow storm. None of the foals survived.
In answer to the Senator’s inquiries… BLM attorneys determined that BLM could not abdicate its jurisdiction over the herd, regardless of the private or public property they occupied. In an effort to remedy
The Ca. BLM wild horse and burro manager offered us a pilot program to restore the herd to genetic viability, and amend the Resource Management plan to include the 1971 native ranges that they neglected to include in the original inventory.
In 2004 BLM delivered the last four stallions, decendants from the 1769 herds, and in 2009 pregnant foundation mares from the 1840 Ca. raids…the Spanish Sulphur Springs herd in Utah. 13 foals have been born into this herd.
BLM is now contending that they made no agreement and they will not restore the herd to its native BLM local ranges. Over 100,000 acres including vacant allotments and new wildlife preserves have been purchased are available legal habitat for wild horses, with the added bonus of the ESA petition for listing.
In 2012 we (Coyote Canyon Cabalas obtained permission to pasture the mares /offspring on the RAMONA GRASSLANDS CONSERVATION BANK property, in collaboration with United States Fish and Wildlife Service. The conservation bank sells mitigation credits to other corporate developers as well as providing “mitigation credit for their own large commercial corporate developments.
We paid $100 a month for forage, and $50 for water from the neighbors..also $ million dollar liability insurance. We posted a 4×8 foot sign that stated Coyote Canyon Heritage Herd. Four foals were born there. Several newspapers covered the herd issues at this time and the well known San Diego television and radio talk show host Roger Hedgcock filmed the herd and interviewed CCCdA.
The San Diego County Board of Supervisors, State Senator Joel Anderson, Congressmen Darryl Issa, and Duncan Hunter advocated for restoration of the Herd. The Congressmen met with Us (CCCdA) and BLM and told them to complete the process of returning the herd to their native BLM ranges. BLM thumbed their noses at the Congressmen and denied they had any obligation to restore the herd.
By this time USFWS insisted that the herd be removed from the Grasslands prior to finalization of the mitigation contract.
The developer’s attorney requested that the horses be removed. Animal Legal Defence Fund attorney replied that the wild horses on the Ramona Grasslands were federally protected, please add them to your inventory list of historic native resources and work with us while BLM resolves a series of misteps. THE CORPORATION ATTORNEY DID NOT REPLY. BLM was sent a copy of the letter and that the situation was Critical. BLM DID NOT RESPOND TO OUR CRITICAL CRY FOR HELP.
On Aug 1, 2014, the water was turned off to the pasture, the fence was cut and the herd enticed on to the neighbors property. We discovered this when attempting to deliver the fall hay supplement. We notified Corp, the neighbor and put out an alert that the herd had been stolen, asking for their return, and alerting everyone that the foregoing actions were criminal offenses.
BLM called and accused us of abandoning the herd, and holding us responsible. We were threatened with a libel suit, after posting our record of events. When we didn’t CAVE IN The libel suit was subsequently filed.
We felt we were being blackmailed after the Corp attorney sent us a list of the ‘assets in their possession ” and felt threatened by BLM as well.
All donations stopped, as BLM and the Corp asserted that we abandoned the herd.
Ray Field of the Wild Horse Foundation offered a solution and contacted the Corp to take possession of the herd. BLM agreed with Mr. Field and assured him the horses would be released before XMAS. The Corp attorneys informed Mr. Field that their Corp Client decided not to release the horses on their inventory list. Now BLM claims the horses are missing.
We believe that the separation and disbursement of these extremely rare herd animals have robbed us, our children and future generation of their heritage.
CONTINUE THE STORY…
The following are e-mails, letters and press releases…
PRESS RELEASE 8-6-2014
Judd RR Investments, LLC and Kearny PCCP Otay 311, LLC Establish Ramona Grasslands Conservation Bank to Benefit Burrowing Owls and Vernal Pools
Aug 06, 2014
For Immediate Release: Aug. 6, 2014
JUDD RR INVESTMENTS, LLC AND KEARNY PCCP OTAY 311, LLC
ESTABLISH RAMONA GRASSLANDS CONSERVATION BANK TO BENEFIT
BURROWING OWLS AND VERNAL POOLS
Carlsbad, CA – Judd RR Investments, LLC and Kearny PCCP Otay 311, LLC, in collaboration with the U.S. Fish and Wildlife Service (Service) announce the permanent protection of 210 acres through the establishment of the Ramona Grasslands Conservation Bank, in unincorporated San Diego County.
The land will provide long-term protection of vernal pool and grassland habitats for the federally endangered San Diego fairy shrimp (Branchinecta sandiegonensis) and burrowing owl (Athene cunicularia), a State species of special concern, along with a host of other wildlife species.
Ramona Grasslands Conservation Bank is a collaborative effort between Judd Halenza of Judd RR Investments, LLC and John Bragg of Kearny PCCP Otay 311, LLC, the Bank Sponsors. Michael McCollum is a conservation bank establishment specialist. Don Scoles heads the San Diego Habitat Conservancy, who is the long-term manager, and Barry Jones is the principal biologist for the bank.
The 210 acres of grassland habitat supports several vernal pools and is adjacent to the existing 3500-acre Ramona Grasslands Preserve. The property will be permanently protected under a conservation easement and managed in perpetuity by the San Diego Habitat Conservancy. Approval of the bank will allow for the sale of 199 conservation credits to offset impacts to grassland and vernal pool habitats.
“Conservation banks have proven to be a tremendous tool in conserving and managing habitat necessary to recover populations of federally listed wildlife and plant species. We are excited to see landowners join us in these public-private ventures for the benefit of our nation’s natural heritage because without their help, we will not be successful,” said Mendel Stewart, Field Supervisor of the Service’s Carlsbad Fish and Wildlife Office.
“The San Diego Habitat Conservancy is excited to be partnering with the Service and the Bank sponsors to preserve and manage valuable grassland and vernal pool habitats and sensitive species within the Ramona Grassland ecosystem. These unique biological resources are in great need of this type of forward planning, and we commend the landowner for participating in this creative, long-term resource management effort,” said Don Scoles, Executive Director of the San Diego Habitat Conservancy.
A conservation bank is a parcel of land containing natural resources that are conserved and managed in perpetuity as wildlife habitat. Lands enrolled in a conservation bank can be used to offset impacts to species or habitats in areas outside of the bank’s boundaries. It is anticipated that projects in the areas of Otay Mesa and Ramona will benefit from the credits that will be available at the Ramona Grasslands Conservation Bank.
Conservation banks provide significant benefits to wildlife and plants by conserving large blocks of habitat that are managed to retain their wildlife values over time. Conservation banks provide an opportunity for landowners to derive economic benefits from land that supports important habitat for sensitive species.
In 2013, there were 105 approved conservation banks across the U.S. and in Saipan, with about 76 percent of the banks located in California.
—– Original Message —–
From: Winterson, Kerry
Sent: Wednesday, August 27, 2014 3:03 PM
Subject: Halenza – Notice of Right to Reclaim
On behalf of our client, Judd RR Investments, LLC, attached please find the Notice to Reclaim Abandoned Personal Property. A hard copy has been sent via USPS. Please do not hesitate to contact our office, should you have any questions or concerns. Thank you.
Kerry Winterson | Legal Secretary to Steven S. Wall and Adam Noakes
McKenna Long & Aldridge LLP
Re: notice to reclaim private property
Dear Mr. Helenza,
As trustee of a National protected treasure, and the descendants of San Diego’s last wild horse herd, I am notifying you of Coyote Canyon Caballos d’ Anza Inc. claim of possession rights to the inventory attached in your notice. Your non response to past notifications are deafening.
Please make immediate arrangements for the return of the horses and corals; and retract claims of eviction, abandonment and/or libel.
Please clarify the identity of the Ramona Grasslands Conservation Bank owners, managers, and jurisdictional agencies as referanced in the attached Judd Corp Press release.
I am not sure whether to address you, Mike McCollum and Barry Jones (Rancho Buho, LLC) or Fish and Wildlife as the persons responsible for the Aug. 1, 2004 confiscation of the Federally protected Coyote Canyon heritage herd foundation mares and offspring.
Refer also to this statement “The owner of the property was the bank sponsor. Mike McCollum and Barry Jones (Rancho Buho, LLC), as joint venture partners in the bank, have successfully established conservation and mitigation banks across southern California, and will be primarily responsible for day to day operation of the Bank.” from Agenda Item Four page 9-12 SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY Friday, July 19, 2013 County Administrative Center 1600 Pacific Highway, Room 302/303 San Diego http://www.sdrp.org/archive/jpa/Agen071913.pdf
Under the Property Clause in Article IV of the Constitution Act brings all free- roaming horses and burros under the jurisdiction of the Department of the Interior and the Department o f Agriculture.
In 2009 the Acting State Director (BLM) James Westley Abbot notified me that:“The government owned horses you care for are not considered domestic livestock and are subject to the Act and all of its regulations…and encourage you to stay engaged with us in finding solutions to the long term management of these animals”
BLM Ca. Wild horse and burro manager Tom Pogacnik also states “You are not mandated to title the animals, .. they remain the property and responsibility of BLM. For the return of the (Coyote Canyon) horses, it will be a challenge to recover the native bloodlines as all of the animals are now in your hands. Titling your animals would not eliminate them from reintroduction”
On August 09, 2014, staff member Trudy Thomas for prior Ca. State Senator Bill Morrow, states: “I am verifying that Tom Pogacnik (BLM) offered said pilot management plan and through our office it was affirmed. To my knowledge BLM has not rescinded that partnership.”(with CCCdA and the Haydens)
In addition to the disputed eviction (see attached notice from ANIMAL LEGAL DEFENCE FUND) an ESA petition was subsequently filed June 2014 with BLM and US Fish and Wildlife Service to list Wild Horses as a distinct population segment of endangered species. The ESA listing is applicable to the Coyote Canyon Herd as descendants of the herd that roamed the Ramona Grasslands in 1775 as well as the mares and foals eroneously listed on your inventory as “private property”
FWS provides assurances regarding mitigation measures for HCPs to address future declines in unlisted species in the future (restated from ESA webpages) The purposes and policies of the ESA are far broader than simply providing for the conservation of individual members of listed species such as the burro owl or vernal pools . Applicable to the Ramona Grasslands Mitigation Bank managers, the HCP (habitat conservation plan) will implement the broader purposes of all fish and wildlife statutes and allow unlisted species to be addressed in the plan in the affected area.
Please confirm that the Ramona Grasslands Mitigation Bank, in conjunction with Fish and Wildlife, requires that resource management plans list the inventory of cultural and wildlife species in compliance with Section 106 (36 CFR Part 800)
On September 02, 2014, an authority on the 1966 Natation Historice Preservation Act, Dr. TF King notes that Fish and Wildlife is required to comply with Section 106 before the herd can be removed and writes to Jane Hendron at Fish and Wildlife ” Under the regulations implementing Section 106 (36 CFR Part 800), it is your agency’s responsibility to ascertain whether an action it proposes to take may affect places listed in or eligible for the National Register, in consultation with the State Historic Preservation Officer and other interested parties — such as, in this case, Ms. Hayden. If you ascertained only that the action would not affect places listed in the Register, I’m afraid your agency’s action may be out of compliance with the regulations, and hence with the law. I suggest that your agency not proceed with the action until it has ensured full and complete compliance with the requirements of Section 106 and its regulations.”
The CC herd represents the past decade of captive breeding which mandates restoration by operation of local, state and federal laws.
The public and CCCdA depends your firm’s statement from (http://www.mckennalong.com/about-probono.html) “Our long-standing commitment to public service strengthens our ties to each other, and our local communities. Through pro bono legal services, volunteer and community service efforts, and the MLA Foundation, we proudly support over 230 charitable organizations each year. By working together for those in need, we demonstrate the firm’s commitment to making a positive impact in the communities where we practice and live.”
Your expeditious resolution as requested would be greatly appreciated by CCCdA and the public as well.
bcc interested persons
PDF – Notice to reclaim: Aug 27, 2014
PDF – ADLF Letter: February 10-2014
As you can see dear friends… once again bureaucracy and greed have been perpetrated against the American people and our “ownership” of property & heritage.
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BRING AMERICA HOME©