941 E Ridgecrest Blvd

Ridgecrest, California 93555



November 14, 2013


Carl Symons, Field Manager Ridgecrest Office

300 South Richmond Road

Ridgecrest, California 93555



Re:  Fremont Valley Preservation Project


Reference: (1) NPLNews Letter dated 12/07 /12

                  (2) NPLNews Letter dated 10/20/13

                  (3) NPLNews Letter dated 11/03/13

                 (4) NPLNews Letter dated 11/04/13

                  (4) Right of Way objectives 43 U.S.C. 1733, 1740, 1763, and 1764.

70 FR 21058, Apr. 22, 2005


Dear Carl:


It has come to our attention that an application for a Right Of Way has been submitted to the Bureau of Land Management (BLM) in the Fremont Valley Area specifically T29S, R39E Section 28.


Please consider this letter an official request to obtain a copy of the submitted application.  We believe this is a public document available without the need for a FOIA request.

We believe this project has the potential to result in significant impacts to the following resources:


  1. Desert Wildlife Management Area (DWMA)
  2. Desert Tortoise Natural Area
  3. Water Resources, quantity and quality
  4. Environmental Justice
  5. Air Quality
  6. Visual and Recreation resources
  7. Land subsidence and seismic activity with the Garlock Fault and Muroc Fault.
  8. Military mission among others.



Under BLM 2008 NEPA handbook and 40 CFR 1500 CEQ NEPA regulations:

A proposal for Federal action triggers the NEPA. The CEQ regulations define major Federal actions to include adoption of official policy (that is, rules and regulations), adoption of formal plans, adoption of programs, and approval of specific projects (40 CFR 1508.18). The NEPA process is initiated when a proposal has been developed by, or submitted to the BLM. 

We are requesting that the BLM invite the Federal EPA and the USGS as a cooperating agency under NEPA.


It is clear that this project has the potential to cause significant environmental effects and without the assistance and expertise of these two federal agencies, that BLM will not be able to share with the public the complete picture of the pending action.


In addition we are asking that the USF&W also be included as a cooperative agency because of the potential impacts to the DTNA and DWMA

We believe that this nepa process is being segmented and the whole direct, indirect and cumulative project are not being fully disclosed to the public and to the adjacent lands and their prescribed uses as regulated under laws.


We are asking that the NEPA Scoping Process be fully opened and be initiated to present the public with the various aspects of the project ao that issues can be identified and evaluated.

WE believe that the impacts of this Right of Way application will be significant based on NEPA Criteria found at 40 CFR Sec. 1508.27

Thank you for your consideration in this matter.



Sophia Anne Merk, Director


cc:  BLM State Director Jim Kenna

      Authorized Officers USDA, USF&W, USGS

      Inyo, Kern and San Bernardino County Planning Department

      Lahonton Water District

      DRECP, Linda Douglas

      Kern County Planning Commission

      US Naval Weapons Center

      US Edwards Air Force Base