CSC
Talk Radio – doesn’t play games!
This is a story of ONCE AGAIN –
Bureaucratic bullying of so-called public land and public property.
If you weren’t able to listen to
the show today, Please visit my website/podcast page
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!
Please study this and know… it’s
time…
TO BRING AMERICA HOME©
VISIT & LIKE This Facebook Page:
(Kathleen Hayden)
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 4x8
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
Contact: Michael D. McCollum, McCollum Associates –
916/688-2040
mccollum@mccollum.com
Website: www.mccollum.com/mitigation
Jane Hendron, Carlsbad Fish and Wildlife Office – 760/431-9440 ext. 205
Jane_Hendron@fws.gov
Website: www.fws.gov/carlsbad
mccollum@mccollum.com
Website: www.mccollum.com/mitigation
Jane Hendron, Carlsbad Fish and Wildlife Office – 760/431-9440 ext. 205
Jane_Hendron@fws.gov
Website: www.fws.gov/carlsbad
JUDD RR INVESTMENTS, LLC AND
ESTABLISH RAMONA GRASSLANDS CONSERVATION BANK TO BENEFIT
BURROWING OWLS AND VERNAL POOLS
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 .
Email Correspondences:
-----
Original Message -----
Sent: Wednesday, August 27, 2014 3:03 PM
Subject: Halenza - Notice of Right to Reclaim
All:
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.
Best regards,
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.
Respectfully submitted,
Kathleen Hayden
bcc interested persons
PDF – Notice to reclaim: Aug 27, 2014
https://docs.google.com/document/d/1nQ3L5Awc0nh__yITs5s0gzS0SP7s9wOj-mbJmbltNVY/edit
PDF – ALDF 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.
See
how you can help -- visit Kathleen’s facebook page:
AND be sure to visit Ray Field’s
website:
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Together… we can
and WILL
BRING AMERICA HOME©
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