Investigation Underway, No Citation Has Been Issued

By Patric Hedlund

Lebec resident Dana Edwards read last week’s story about Michael Berg’s hope to coordinate an effort to re-open Mil Potrero Campground. Edwards called The Mountain Enterprise to say he had filed two complaints (about two months ago) alleging that Berg may have violated terms of wood cutting permits issued by the U.S. Forest Service.

The matter is sensitive because Berg is the coordinator of an entity named National Forest Association- Los Padres (NFA-LP), which is sponsored under the California Trail Users Coalition (CTUC). NFA-LP was formerly known as the Grapevine Adventure Association. The group has won grants for building enhancements to USFS campgrounds, trails and a visitors center. He is engaged in building a visitors’ kiosk on the Flying J property adjacent to Interstate 5. The goal of the kiosk is to tell travelers about the many attractions of the region, including activities in the Los Padres National Forest.

Edwards participates with the Mt. Pinos Fire Safe Council to organize "chipper days" in Lebec. He is vigilant about activities in the forest lands surrounding his home off of Lebec Oaks Road, about a mile west of Los Padres Estates.

Edwards alleges that Berg was gathering firewood using a vehicle, "in an area not designated for off road vehicles." He said "the wood cutting permit has very specific rules," and that he thinks Berg "may not have stayed within the guidelines of the permit." He said he was concerned that the "dead and down" provision of the wood gathering permit-allowing only dead wood that has fallen to the ground to be taken-may have been violated, alleging that Berg was gathering oak and, in one case, cut from a dead snag that was not yet on the ground. In the other case, Edwards is concerned that a standing tree may have been cut, although he says, "I did not see him do that. "

Mt. Pinos District Ranger Tom Kuekes confirmed that an allegation was received by the USFS and that an investigator, Martin Hinz, was sent into the field to speak with Berg.

Berg spoke with The Mountain Enterprise on Sunday, June 17 and confirmed that he had talked with Hinz. "I do know there was a complaint and I am cooperating fully," Berg said, adding, "I have not received a citation."

Kuekes said he told Hinz "to give the information to our independent agent. A citation could be issued by either Hinz or the agent. If a citation is issued that would be a public document," Kuekes said, "I want him [Berg] to be treated thoroughly and fairly. Because of Michael’s relationship to the forest, [if a citation is issued] that could cast a light on him."

Special investigator Heather Campbell spoke with The Mountain Enterprise on Tuesday, June 19. She is a federal agent based in the Santa Lucia district office but employed from Washington D.C.

Campbell is not associated with Kuekes’ district. She said that ordinarily she would not be involved with an issue of this type, but that she will handle it "so that he and the public can be assured that the complaint will be handled thoroughly and impartially."

Campbell explained that national rules are being formulated "right now" regarding having a vehicle off the roadway. Kuekes said Mt. Pinos District is currently developing maps to accompany those rules. The rules were not in place in April when the complaint was logged.

Speaking not about this case, but in generalities, Campbell said, "If there is resource damage to the forest, that is an offense."

Again, speaking in generalities, if a citation were to be issued, the penalty could be as high as a "$5,000 fine or six months in jail," Campbell said, adding that "if the matter were under state law, it would be considered an infraction, but federal law does not have that level of citation, so for us a citation of this kind is considered a misdemeanor."

There is a two year statue of limitation on such a complaint, according to Campbell.

A Note from the Editor:

Last week, June 15, we published a story on page 17 titled "What About Mil Potrero Park? And Who Is Mike Berg?" which provided background information about Berg. The story followed a widely distributed email in which the writer asked dozens of rhetorical questions, making harsh accusations directed at Berg, but sent to an internet listserv estimated to be distributed to a hundred or more recipients. The story "Has Email Defamation Become a New Mountain Sport?" explains our concern about this tactic, no matter who the target may be.

See related story "Has Email Defamation Become a New Mountain Sport? (Commentary)"

This is part of the June 22, 2007 online edition of The Mountain Enterprise.

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