1. Contract language/Proposal
Technical Proposal – Whatwe can do andhow we woulddoit.
Our proposal includesthe capabilitiesfornatural resource surveysandassessments,projectplanning
and design,interdisciplinaryteamleadership,and National Environmental PolicyAct (NEPA)
documentation. Italsoincludesspecialistskillsforlandusesmanagementsuchasspecial usesand
miningadministration.
InterdisciplinaryTeamLeadershipand NEPAdocumentation
We have a three-personteamof highlyexperiencedandcapable NEPA specialistsandwritereditors,
capable of handlingtwoor three projectsatthe same time. Our teamhas ample experiencewith
complex andcontroversial NEPA planningefforts,bothatthe projectlevel andatthe Forestor Regional
programmaticlevel. Ourteammembershave experience inplanningandNEPA documentation
(includingsuccessfulappeal andlitigationmanagement) forawide range of projectsincludingtimber
sales,fire salvage,grazingallotmentupdates,forestfuel reductionprojects,ski areaexpansion,
recreationdevelopments,wildlife andfisheriesimprovementprojects,Travel Managementplanning,
Regional-level spottedowl habitatmanagementstrategies,andminingplansof operations. Memberof
thisteamhave also workedwithOGCand DOJattorneysinthe successful defense of some highly
controversial NEPA documentsandprojects(suction-dredgemining,BiscuitFire Salvage,andski area
expansion).
Our focusisin InterdisciplinaryTeamleadership,managementof the planningprocess,andNEPA
documentproduction. Ourgoal isto helpthe ForestService meetitsNEPA andplanningrequirements
inas timelyandefficientamanneras possible withthe highestqualityanalysis,planning,and
documentation. Anideal applicationforthisteamwouldbe contractsdesignedtoworkwithagency
specialists,eitherata RangerDistrict,Forest,or Regional level,where the agencybringsitslocal
specialists’knowledge togetherwithourefficiencyinprocessmanagementanddocumentproduction.
Our two-personNEPA teams(ProcessLeaderandwritereditor) wouldleadthe agency’sInterdisciplinary
Team fromprojectconceptionthroughfinal decisionbyapplyingatriedandtrue sequence of focused
planningmeetingsdesignedtomeet all NEPA planninganddocumentationrequirementsinavery
timelyfashion(see AppendixTwo). NEPA documentproductionproceedsapace withthisplanning
process,withourprocessmanager/documentproducersworkingwithspecialiststoproduce their
necessaryreports,freeingthemuptofocuson theirresource science,datacollection,andanalysis…
enablingthemtobe the specialiststheywere hiredtobe,spendingmore time inthe fieldthanattheir
computers.
2. Creative/Inspirational
I only came to know this man near the end of his life. He showed up periodically throughout my life, …
but I never had the chance to spend any real time with him until the end. I learned that he had a friendly
disposition and an easy-going, joking, and friendly manner that readily won peoples’ affection. He shared
little about what was in his heart… but from what he did share I learned that he loved his athletic
activities and took pride in what he was physically able to do, whether it was judo or bowling or
weightlifting. Oh, and how he loved his dogs… his pugs! The only comment I heard him make about
spiritual things was his hope of seeing them in heaven. And the one regret I heard him utter concerned
his divorce from his family back in 1961… he said it was the biggest mistake of his life.
I guess we’ll all have one of these in our lives… “our biggest mistake”. Our challenge I guess, is to try to
make it as small and least painful as possible.
Every person’s passing provides an opportunity for such reflection. I recall a poster I saw on the wall of a
co-worker’s cubicle long ago of a large ship wrecked upon a beach with a caption below it that said
“Mistakes… It could be that the sole purpose of your life is only to serve as a warning to others”. It was
meant to be humorous of course, but every life gives us opportunity to take both inspiration and warning.
Leonard gives us a bit of both.
His impact on my life came from the ‘Warning’ side. Not that his life was a shipwreck... far from it… he
was successfulwith career and love, though he managed the former far better than the latter. But he did
miss out on the richness in life that comes from family and faith.
He passed away around Christmas time.
A friend once told me that what makes Christmas, 'Christmas', is kids and religion. Kids and religion...
that’s family and faith. Leonard never learned to tap into the beauty, the power, the love, and the
fulfillment that come from these. I don’t know that he felt any loss or gap in his life from this… He
likely never knew what he was missing because I know he never had it as a child.
His freedom was important to him, and he chose the carefree life... one free of commitments and
entanglements... one free of the sacrificial giving of oneself to another. He never really knew his children
or grandchildren, and he was all the poorer for it.
A life of family and faith is certainly harder, with far more pain and expense and confusion and mess,
than just living for ourselves. But there is an incomparable richness, a depth; a beauty; and a connection
to that for which our hearts most yearn… in such a life. And our deepest human fulfillment is found
there… that’s how we’re made… and the mistakes in life that people regret most always seem to be
rooted in these areas.
So though we missed out on having him as a dad, or a grandpa, we can still learn from him… and it’s my
encouragement to you to take a lesson from Leonard’s life: Guard those treasures of family and faith in
your life… and make your life’s “biggest mistakes” somewhere else. The sacrifice is worth it. The
richness, the depth, the beauty and the fulfillment are not to be missed… and you’ll have lived a full,
meaningful, and deeply satisfying life.
3. Technical/Legal
Background
Under currentmininglaw, citizensof the UnitedStatesare authorizedtofileminingclaims,conduct
miningoperationsonthose claims,andholdconditionalpropertyrights tothe locatable minerals
extractedfromthese claims (conditionedoncompliance withapplicablelaw andregulation).Underthis
lawand relatedcase law,the US ForestService hasno authoritytoprohibitanotherwise reasonable
planof operationsforsuchmining,i.e.,one thatcan be characterizedasthe logical nextstepinthe
orderlydevelopmentof amine. Forexample,reasonableoperationsoftenbeginwithsmall-scale
sampling,followedbylargerscale sampling,thenontosmall-scale productionforbulktestingpurposes,
and thenperhapslaunchingintoalarge-scale development. The ideaisthateach successive mining
phase isjustifiedbythe value of the mineralsfoundinthe priorsmallerphase of operation.
The miningoperationbeingevaluated inthisEnvironmentalAnalysis isdeterminedtobe areasonable
operationaccordingtothe criteriadescribedabove.
ForestService authorityinminingoperationsisbasedonitslegal mandate toprotectsurface resources.
To protectsurface resources,the ForestService appliesthe regulationsfoundat36 CFR 228.4(a) which
provide the requirementsforauthorizingminingoperations,conductingenvironmental analysesto
assessthe impactsof the operation,applyingtermsandconditionstominimize impactstosurface
resources,andrequiringbondingwhere appropriate forrestorationof affectedlands. Presumingother
applicable state andfederal lawsare met,miningisautomaticallyauthorizedunder36 CFR 228.4(a)
once the ForestService completesitsanalysis,appliesitstermsandconditions,andcollectsnecessary
bonding.
Miner’sPlan
In June 2008 a minersubmittedaplanfora short-termminingoperationtorecovergoldlyingbetween
bedrockand twoto ten-footdeepoverburdenonpreviouslyminedlandsaboveJosephine Creek. This
site ison a benchapproximately50’above the creekand had beencompletelyminedandexcavatedin
the mid1800’s. Methodsand equipmentthenwere coarse,andmuchfine goldisbelievedtohave been
leftbehind. There islittle if anynatural landcontouror soil profile leftonsite. The vegetationisopen
and brushywithscatteredsmall trees.
His planisto sample the mineral valuesusingfourtrenchesapproximately15’wide by40’ long. The
depthsof these trencheswillvarygreatlygiventhe un-evenandunnatural terrain,butobservationson
site indicate probable depthsbetweentwoandtenfeetdeep. Material fromthese trencheswouldbe
processedusingaportable trommel withascreen20” indiameterand7.5’ long. The watersupplyfor
the trommel wouldbe pumpedupfromJosephine Creekusingathree-inchpressure pumpandstoredin
an excavated,twotofive footdeeppond. Waterfromthispondis fedintothe trommel washplant.
The operatorplansto camp on-site aslongas equipmentisthere.
4. Correspondence
Dear Mr. Smith,
AnyCourt or administrativejudge wouldnotbe likelytoupholdyourargumentforanAgreementdate
basedon the signingof anaddendum( the Augustdate) since itwas simplyanaddendumtothe
contract, notthe contract itself,whichwas signedbybothpartiesinlate July.
Basedon an agreementdate aroundJuly20, 2015, both buyersandsellersare inbreach. Neitherhasa
legal highgroundfromwhichto argue for a court's favorable ruling. A courtwouldlikelyrule thatboth
partiesgave norespectto the contract and neither hasgroundsforits enforcementatthislate date.
To entersuch a fightwouldcostmore than the $1,000 deposit. We therefore have nochoice buttosign
the Cancellation of Contract,Release of Deposit form.
Bill,hadyouas our agentenforcedthatcontract by ensuringit'sconditionsweremetbybothbuyer(the
deposit) andseller(the disclosures),yourclientswouldhave beenprotected. That was yourjob. You
didnot ensure thatthe $1,000 depositwasmade to escrow as requiredinthe signedcontract. Youdid
not ensure thatSellerdisclosureswere made withinsevendaysof acceptance asrequiredinthe signed
contract. Since youtrustedCarol and reliedonverbal representationsandnegotiationsearlyinthe
processand didnotdo your professional due diligence regardingthiscontractwe,yourclients,were
harmed. Asa result,we have nohope of prevailinginanarbitrationconcerningthe $1,000 deposit.
Time islostand the earnestmoneywhichshouldhave beenavailable tousas compensation isnot
forthcoming.
We trustedyouas a professional forthese things. Contractsare signedfora reason. Real estate agents
are hiredforreason. Your untimelyprovisionof disclosure documentsandyourtrustinCarol and a
trust-basedsystemof verbal agreementsearlyinthe processhascostusrecompense fortime loston
thispossible sale.
You serveduswell inpreparingthe house forsale andforthat we are trulygrateful. Ouragreement
withyouwas that if youoversawthe neededrepairsthen we wouldcontractwithyouto listthe home.
You oversawthe repairs,andwe contractedwithyouto listthe home forsale. However,your
mishandlingof the listing(noadequateresearchonappropriate initialpricing,verypoorpicturesin
initial listing,reliance onverbal negotiationsearlyon,neitherenforcingnorabidingbycontract
requirements,andyourerrorsindocumentationwhichcouldhave costusover$25,000 had Rob not
foundthemandcorrectedthem),give usnofaithin yourservice from here on.
I wishto terminate ourcontractwithyou andyour agency,andrequestthatyou pull the home from
your listing.
6. Reports
Scoping Process
A letterdatedApril 9,2010 wassentto individuals,organizations,andagencieswhohadexpressed
interestinbeingkeptinformedof projectsonthe SmokeyBear RangerDistrict. Anarticle aboutthe
projectappearedinthe MedfordMail Tribune onApril 14, anda legal notice aboutitwasprintedon
April 15, 2010. A follow-upletterwassentonMay 11 to correct an error in the webaddresstowhich
commentscouldbe sent. The ScopingperiodclosedonJune 9,2010.
The scopingletterincludedadetailed writtendescriptionof the goalsof the projectand the specific
treatmentsproposedtomeetthem. Enclosedwiththe letterwas atable that listedthe proposed
treatmentareaswiththeirspecifictreatmentsandacreagesdisplayed. A mapwas alsoincludedthat
displayedthe locationof eachof the proposedtreatmentareas.
In response tothe proposal,twoenvironmental organizationspostedinformationontheirwebsites,
describingthe projectfromtheirperspectives andinterests. The characterizationof the projecton
these websitesdidnot closely representwhatwasincludedinthe contentof the April 9,2010 scoping
letter. These websitesincludedlinksthatviewerscouldclicktoautomaticallysendaformletterwith
the viewer’ssignaturetothe District'scommentreceipte-mail inbox. Thisgeneratedhundredsof
responsesfromeachof the two formlettersources.
What was Received
As describedabove,hundredsof formletterswere received. The total wasnot tallied,butanestimate
between500 and700 appearsreasonable. One verbal commentwasreceivedandrecorded. Ten
personal letterswere received,eitherelectronicallyorinthe US Mail. Anadditional 21 commentsin
the form of an email-message were received.There wasone requestformore detailedinformation. No
petitionswere received.
There were fourverysubstantial letters:twofromenvironmental organizations,one fromatimber
industryorganization,andone fromaForestService retiree. One letterfromacollectionof
environmental organizationsproposeda“CitizensAlternative”.
How the input was processed
Each commentletterandemail wasreviewed. Eachformletterwasreviewedtoidentifythose that
mighthave includedadditional anduniquecommentsbeyondwhatthe formlettercontained.Asthe
publicinputwasprocessed,specificcommentswere givenacode andnotationinthe margin of the
letteroremail toprovide forreadyidentificationforfuture reference. A total of 41 unique
comments/codeswereidentified(see below).
