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Notice of Seasonal Closure of Certain Public Lands Referred to as the Serpentine Area of Critical Environmental Concern (ACEC), Located in the Southern Portion of San Benito County and Western Fresno County, Central Coast Region of California, to All Types of Motorized and Non- Motorized Recreation Use
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 28, 2005 (Volume 70, Number 144)]
[Notices]
[Page 43703-43704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy05-40]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-190-05-1220-PN]
Notice of Seasonal Closure of Certain Public Lands Referred to as
the Serpentine Area of Critical Environmental Concern (ACEC), Located
in the Southern Portion of San Benito County and Western Fresno County,
Central Coast Region of California, to All Types of Motorized and Non-
Motorized Recreation Use
AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Notice of seasonal closure of public lands.
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SUMMARY: Pursuant to 43 Code of Federal Regulations (CFR) subpart 8364,
notice is hereby given that the Bureau of Land Management (BLM),
Hollister Field Office will seasonally restrict public access to
certain BLM-administered public lands during the period of June 4, 2005
through October 15, 2005. This seasonal closure is needed to ensure
visitor safety and protect public land users from potential health
risks associated with naturally occurring asbestos found within the
closure area. The BLM may also implement a visitor use permit system to
control public access during the period October 16-June 1. A permit
system will provide an opportunity to educate the public on the risks
related to recreation use in areas of naturally occurring asbestos.
DATES: This seasonal closure is effective from June 4, 2005 through
October 15, 2005.
ADDRESSES: Bureau of Land Management (BLM) Hollister Field Office, 20
Hamilton Court, Hollister, California, 95023.
FOR FURTHER INFORMATION CONTACT: George Hill, Assistant Field Manager,
Telephone: 831-630-5036 Fax: 831-630-5055, during regular business
hours, 7:30 a.m. to 4 p.m., Monday through Friday, except holidays.
SUPPLEMENTARY INFORMATION: This seasonal closure affects public lands
located within the 30,000-acre Serpentine Area of Critical
Environmental Concern (ACEC) situated within the Clear Creek Management
Area (CCMA). Except for travel on county roads, public access within
this area will be allowed only by written authorization from the
Hollister Field Manager. Personnel of the BLM, California Department of
Fish and Game, U.S. Fish & Wildlife Service, and law enforcement, fire,
and emergency personnel are exempt from this closure only when
performing official duties. Operators of communication facilities may
perform maintenance activities; livestock operators may perform
permitted activities, and private in-holders may access their private
property, as approved.
The CCMA is a popular location for off-highway vehicle (OHV)
recreation. A variety of other recreation activities also occur within
the CCMA, including hunting, rock-hounding, wildlife watching, and
hiking. This is a unique geological area with serpentine soils and a
suite of rare plants and animals. The type and level of OHV use also
must be carefully managed to create an environment that promotes the
health and safety of visitors.
BLM will be restricting public access during the dry season within
the CCMA, in response to studies being conducted by the U.S.
Environmental Protection Agency (EPA), which are analyzing the exposure
levels of various recreationists to naturally occurring asbestos at the
CCMA. Studies conducted by EPA in September of 2004 found elevated levels
[[Page 43704]]
of airborne asbestos fibers present during various recreation
activities. This action is also in accordance with the 1995 Final
Environmental Impact Statement (FEIS) and Resource Management Plan
Amendment for the CCMA.
The soil moisture during the time period of June through October is
at the lowest point and therefore the dust generating potential and
release of naturally occurring airborne asbestos is greatest. Analysis
of airborne asbestos exposure reflected in EPA's Technical Memorandum
issued February 5, 2005, titled ``Human Health Risk Assessment ``
Asbestos Air Sampling Clear Creek Management Area, California,'' based
on samples collected September 15, 2004, indicate a higher risk from
airborne asbestos exposure in CCMA than EPA and BLM previously thought.
Based on preliminary EPA results, use restrictions in CCMA may be
needed to reduce risk to the public from asbestos exposure,
particularly during the dry season.
Closure Order:
Pursuant to 43 CFR 8364.1, notice is hereby given that the BLM is
seasonally restricting access to portions of public lands within the
Clear Creek Management Area (CCMA) located in the southern portion of
San Benito County and western Fresno County, California. A closure
order to this effect was signed on May 25, 2005. All public access,
including motorized and non-motorized recreation use is restricted on
public lands within the Serpentine ACEC from June 4, 2005 through
October 15, 2005. These lands are located in the Mount Diablo Meridian
in portions of T.17 S., R. 11 E.; T. 17 S., R. 12 E.; T. 18 S., R 11
E.; T. 18 S., R. 12 E.; T. 18 S., R. 13 E.; T. 19 S., R. 13 E.
This seasonal closure is necessary to ensure visitor safety and
protect public land users from potential health risks associated with
naturally occurring asbestos found within the restricted area. Dry soil
conditions and high dust generating potential from public use
activities during this time period create a significant hazard and risk
associated with exposure to asbestos.
Except for travel on San Benito County roads, all public access and
motorized vehicle travel will be allowed only by written authorization
of the Hollister Field Manager. The following persons are exempt from
the identified restrictions:
(1) Federal, State, or local law enforcement officers, while
engaged in the execution of their official duties.
(2) BLM personnel or their representatives while engaged in the
execution of their official duties.
(3) Any member of an organized rescue, fire-fighting force, or
emergency medical services organization while in the performance of
their official duties.
(4) Any member of a federal, state, or local public works
department while in the performance of an official duty.
(5) Any person in receipt of a written authorization of exemption
obtained from the authorized officer from the Hollister Field Office.
(6) Private landowners with in-holdings within the restricted area
who have a responsibility or need to access their property, and persons
with valid existing rights-of-way or lease operations, or
representatives thereof.
During the closure period, the area will be clearly posted. Closure
signs are posted at main entry points to all locations affected by this
Notice. Maps of the area are posted with this notice at key locations
that provide access into the closure areas, and may be obtained with
further information at the Hollister Field Office, 20 Hamilton Court,
Hollister, California 95023.
Seasonal closure orders may be implemented as provided in 43 CFR,
subpart 8364.1. Violations of this closure are punishable by a fine not
to exceed $1,000 and/or imprisonment not to exceed 12 months.
May 25, 2005.
Robert E. Beehler,
Field Manager.
[FR Doc. 05-14936 Filed 7-27-05; 8:45 am]
BILLING CODE 4310-40-P