"UPDATED: EPA Tells FORA to Man the Fort, Threatens to Close off Public Access" by News Blog

News Blog

UPDATED: EPA Tells FORA to Man the Fort, Threatens to Close off Public Access

July 11, 2012

The U.S. Environmental Protection Agency has instructed the Fort Ord Reuse Authority to crack down on trespassing on the former Fort Ord, and threatening to cut off public access entirely if recreationists don't stick to designated trails.

"Continued access to former Fort Ord property depends on the willingness of everyone to accept the established restrictions, to respect posted signs and warnings," Michael Montgomery, EPA's assistant director of the Superfund Division, wrote in a July 10 letter to Michael Houlemard, executive director of FORA.

FORA officials are blaming a handful of activists for an act of civil disobedience what could mark the end of public access for years.

Montgomery described a June 24 trespass by members of Keep Fort Ord Wild in which veterans and advocates for habitat and recreation preservation on Fort Ord hung a sign declaring an area "Soldiers Memorial Field."

The activists were actually under the new name, Veterans Wild Ford Ord, and hung a 12-foot-wide sign, pulled weeds, hauled out trash and graded an old track.

The Parker Flats turf, near the trailhead on 8th Avenue and Gigling Road in Marina, is off-limits to the public until EPA signs off on munitions cleanup. No one was injured.

"Although EPA understands that FORA was not involved in this unlawful and dangerous activity, it is FORA's obligation…to maintain and enforce the activity restrictions set forth in the federal deed," Montgomery wrote.

"The actions of a few overzealous people is endangering access for all of the rest of us," FORA Assistant Executive Officer Steve Endsley says. "[EPA] is saying to the community as a whole, 'Get your act together or we may have to require some stronger measures.'

"It’s not just your friendly neighborhood planning agency you’re dealing with now, but the federal government."

Gordon Smith, a Vietnam veteran who made the sign and organized the action, writes by email, FORA created a mountain out of a molehill here and the subsequent EPA repercussions may come back and bite FORA in the butt."

EPA learned of the alleged trespass from FORA officials, but Smith says FORA mistook Veterans Wild Fort Ord for Keep Fort Ord Wild, which is a plaintiff in a civil suit against FORA. "It appears that FORA thought they had an opportunity to make KFOW look bad," Smith writes. "At this point FORA owes KFOW a retraction if not an apology for bringing KFOW’s good name into this issue."

EPA spokesperson Mary Simms declined an interview, but writes by email, "It's important that members of the public adhere to posted signs and do not trespass onto restricted areas. These important access restrictions are safety measures that have been put in place for public safety. We will work with the community and FORA in an outreach effort, if necessary, so that everyone understands and complies with the posted restrictions."

As far as security and trespassing enforcement, Endsley says Arcadis, under contract with FORA, provides those services to the degree they're required.

But by and large the public is responsive to access restrictions on Fort Ord, Endsley adds. "Ninety-nine percent of the people who use the Fort Ord back country are doing it in a responsible manner," he says. "We work with the community, and it’s been very cooperative."

Smith maintains he was the only individual who violated a posted trespassing sign. "The veterans did not enter a restricted ordnance cleanup zone," he says. "FORA is actually the party to blame for this whole trespassing issue because they did not have any 'Danger Warning—No Trespassing' signs in the area."

Keep Fort Ord Wild had nothing to do with the Soldier's Memorial Field. It was an action by Veterans Wild Fort Ord

From: Gordon Smith Sent: Wednesday, July 11, 2012 12:47 PM To: montgomery.michael@epa.gov; michael@fora.org Cc: melissa_koenigsberg@ios.doi.gov; Subject: Clarifications

Gordon Smith Veterans Wild Fort Ord

July 11, 2012

Re: Clarifications: This letter is in regards to the EPA letter to FOR A dated 7/10/12: “ Parker Flats Trespassing Incident on June 24, 2012”

1) The group involved in the incident was VETERANS WILD FORT ORD, not KEEP FORT ORD WILD as cited. 2) There were no DANGER WARNING signs in place at the time of the incident, the only signs in place were tiny stickers on plastic vertical stakes stating: “TRESSPASSERS subject to CA PC 602 all California all California Vehicle codes apply AREA CLOSED” 3) There was no digging or excavation of the soil during the incident.
4) Photographic evidence reveals the site was leveled to bare earth by ordnance removal contractors in January 2009. 5) It is believed by some Fort Ord public recreational leadership that: “ that the area in question was cleared some time ago, and the QA-QC has also been completed.” 6) FORA has an inconsistent unwritten policy of issuing ESCA land access permission to certain individuals and groups while denying others. 7) FORA management has given explicit verbal permission to one local couple to walk their dogs around the same track & field every morning. 8) ESCA personnel placed DANGER WARNING DO NOT ENTER signs on the side of the track & field on the morning of 7/7/12 while the above mention couple were walking their dogs around the track, yet the two self-identified ESCA employee failed to warn the couple of any danger, nor did they ask them to leave the immediate area. The same couple reports they still daily walk the track and have encounter ARCADIA staff which have ignored them also.

FORA created a mountain out of a mole hill here.

FORA is being sued on several issues by Keep Fort Ord Wild (KFOW) and it appears that FORA thought they had an opportunity to make KFOW look bad...only they mistook Veterans Wild Fort Ord (VWFO) actions for those of KFOW. At this point FORA owes KFOW a retraction if not an apology for bring their good name into this issue.

Now back to the tresspassing issue, None of the members of VWFO violated any DANGER WARNING NO TRESPASSING, simply because there were none out (of which the EPA needs to talk to FORA about).

Only one person in VWFO violated a posted sign, and that was me Gordon Smith, and that sign read “TRESSPASSERS subject to CA PC 602 all California all California Vehicle codes apply AREA CLOSED.”

It appears that FORA makes it's own rules as it goes along. It is a self-serving body that takes taxpayer dollars to lavish themselves. This latest episode just points out how childish they can be.