Text of the letter:
In reply Refer To: DEC - 1 2017
2930 (P)
LLCAD08000.41
Certified Mail 7016 2140 0000 2164 7070
Dan Chilson
Gear Grinders Racing Club
1625 Lakewood Special Recreation Permit (SRP) Upland, CA 91784 CA680-SR 18-02
Dear Mr. Chilson:
The attached performance evaluation is for your Speed Trials event held in El Mirage OHV Area on November 11-12, 2017. You are determined to be in Probationary Performance status due to failure of following the Operating Plan that you submitted for the event and the BLM Special Recreation Permit (SRP) stipulations. The following deficiencies were identified and corrective action is needed prior to the start of the next Southern California Timing Association event in May 2018.
BLM Monitor Salazar reported that two different cars (#1515 and #5861) did not have tarps under their vehicles in pit row. Your operating plan states under 2.7.1 that "Tarps are required under each vehicle in the pit area."
BLM Monitor Salazar had to speak to spectators "on motorcycles and a quad about traveling down the course inside the cones" on Saturday Nov. 11, 2017, and on Sunday Nov. 12, 2017, "tower side: talked to spectators driving a white car down the cones inside the course." According to your operating plan on page 15 under Course Control, "We have 8 fixed patrol vehicles on the pit side of the buffer zone and 8 fixed patrol vehicles on the spectator side of the buffer zone... Their prime responsibility is to observe each vehicles progress on the course and to report any incidents to the Chief Timer. More importantly, they are to report any spectators who might get into our buffer zones...the Chief Timer will then direct either or both a roving patrol or a fixed patrol onto the buffer zone or actual course to handle the incident."
The BLM SRP Permit stipulations state: #21 — "Permittee is responsible for stationing monitors and/or post signs at road intersections, prohibiting public access, where the general public is likely to access the race course" and #25 — "The permittee shall contain and monitor the spectator areas to ensure the safety of the spectators and the race participants. The permittee shall keep spectators from leaving the boundaries of the spectator areas." Gear Grinder staff did not report nor handle these incidents. Mitigation measures must be in place to ensure spectator safety.
Four vehicles went out of bounds at this event. Three vehicles on Saturday Nov. 11, 2017, and one vehicle on Sunday Nov 12, 2017. On Saturday at 11:12 am, #299 went a few 100 feet outside the back door extension on the return side. Driver did not feel the chute deploy so he pulled for a second chute but still ended up outside the course. SCTA official Rick stated that "the car will be red tagged and will not be allowed to run anymore today."
Saturday at I I am, #1205 goes outside the course boundary at low speeds on the return side. SCTA officials push the vehicle back onto the course and SCTA official Rick red tags the vehicle. Saturday at 1 :47 pm, #351 went way outside the back door extension approximately a 6th of a mile. SCTA President Pat states that "the driver thought he was at Bonneville and still had more shut down time." The vehicle will be red tagged and the driver will have to go in front of the board. BLM Monitor Salazar voiced her concerns to Pat about the severity of the race car going out of the course boundary at such a high speed (with no chute pulled), and not stopping until it was far outside the back door extension with all the spectators that were out there that day. Pat stated that "SCTA was very concerned also and would discuss at the next board meeting." SCTA announces over the radio at 2:03 pm that any driver going outside the course boundary will pay a hefty fine. Sunday Nov 12, 2017, finish line had no red light bar only a red beacon on each side. SCTA President Pat stated that the "light bar was damaged when the course was moved, so SCTA purchased two red flashing beacons and installed extra balloons at the finish line."
Sunday at 07:13 am driver's meeting coveted everything along with extra emphasis on the back door issues from Saturday and that penalties will follow. Sunday 07:25 am SCTA Official Rick stated that "the driver's of both the vehicles that went out the back door extension on Saturday said they saw the extra balloons at the back door and though it was the timing light." Sunday 12:17 pm, #528 went out the back door. SCTA President Pat stated that "the car had a chute failure."
The BLM SRP Permit stipulations state: #19 "Permittee shall monitor the race events to prevent damage from course cutting and participants traveling off course. The permittee shall establish racecourse checkpoints to prevent short coursing. Any participant caught short coursing or passing in no passing areas will be disqualified by race officials. The permittee will be responsible for keeping contestants on the designated route/course. Participants who violate any of the mitigation measures or stipulations shall be disqualified from the race. Additionally, any support personnel found in violation of the stipulations, associated with a participant shall result in the disqualification of that participant."
Corrective action is mandatory and continued operation at this level is unacceptable. This decision is effective immediately and will remain in effect as appeals are pending unless a stay is granted under 43 CFR 4.21
This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4, and the enclosed Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this office, at the above address, within 30 days from receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error.
In addition, within 30 days of receipt of this decision, the appellant has the right to file a petition (request) for a stay (suspension) of the effectiveness of this decision together with the appeal in accordance with the regulations at 43 CFR 4.21. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must be submitted to each party named in this decision, to the Interior Board of Land Appeals, and to the appropriate Offce of the Solicitor, at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.
Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following four standards:
l. The relative harm to the parties if the stay is granted or denied,
2. The likelihood of the appellant’s success on the merits,
3. The likelihood of immediate and irreparable harm if the stay is not granted, and
4. Whether the public interest favors granting the stay.
If you require further information, contact Deborah Flores, Outdoor Recreation Planner, 760252-6041 or me at 760-252-6004.
Katrina Symons Field Manager
Enclosure:
After Event Evaluation Fonn
Form 1842-1 Information on Appeals
CC: SCTA Bill Latin by email
After Event Evaluation Form
Name of Event: Gear Grinders Racing Club
Date(s): Nov 11-12 2017
Acceptable Performance:
The permittee has operated in accordance with the terms and conditions established for the permit. This rating may also be given when minor deficiencies exist and need correction. If, however, such deficiencies persist after a reasonable time period following notification, the rating may be changed to probationary.
Permittees with acceptable ratings are eligible for permit renewal and transfer where continued use is consistent with planning and other appropriate factors.
X Probationary Performance:
The permittee has not operated in full accordance with the terms and conditions of the permit; however, performance does not pose an immediate threat to the safety of guests or others, is not in violation of law and does not pose a threat of significant resource damage. Corrective action by the permittee is mandatory, and continued operation at this level of performance is unacceptable.
A permittee given a probationary performance rating qualifies for a permit not to exceed one year, and permits with remaining periods of more than one year will be amended. If the permittee receives a probationary performance rating for two consecutive years, the Authorized Officer may suspend or terminate the permit and/or deny future permit applications. Permits in probationary status may not be transferred.
Unacceptable Performance:
The permittee has not operated in accordance with the terms and conditions of the permit and may not be allowed to continue. The level of performance is a threat to the safety of guests or others or involves a violation of law that leads to a citation or record, significant resource damage, or major violation of administrative or financial obligations.
For multi-year permits, an unacceptable performance rating may result in suspension, termination, or revocation of permit privileges. For one-time event permits, the evaluation is documented in the file and may be used by the Authorized Officer as the basis for determining whether to issue or reject future permit applications.
Comments:
o See Performance evaluation letter for list of deficiencies o Good driver meetings o Event staffing easily identifiable o Course well marked o Symons emergency medical services on-site consistent with SRP o Portable toilets on site
Evaluated By: BLM Monitor Salazar Date: Nov 11-12 2017
