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Permit needed for buoys on lake
BLM approval may delay marine association project for months

By NATHAN BRUTTELL
Today's News-Herald
Published Friday, July 23, 2010 10:44 PM MST

The Bureau of Land Management is making its presence known on the Lake again — this time possibly causing delays with 18 U.S. Coast Guard-approved safety buoys.


The Lake Havasu Marine Association applied, and received, Coast Guard approval for the safety buoys to be placed over hazards near the California side of the Lake, but BLM representatives say the organization must approve the buoys as well. The announcement came after a meeting with Coast Guard, Marine Association, U.S. Fish and Wildlife Service and BLM representatives earlier this week.

“We were upset about that and we wonder why, if it’s in the interest of public safety, that this can’t be moved along quicker in some way,” said Marine Association Executive Director Jim Salscheider. “(The BLM’s) agenda, whatever that may be, seems more important than public safety.”

BLM Lake Havasu Assistant Field Manager Mike Henderson said because the buoys would be placed in the organization’s jurisdiction, placement would require a BLM permit and an environmental review.

“It’s going to be a land-use permit and it has to go through the same process of a right-of-way or lease (the marine association) will have to apply for,” Henderson said, adding that the environmental review process could move faster because of other environmental assessments performed on the Lake previously. “It’s still going to be several months from the time we get it, and we haven’t received anything yet.”

Henderson said the BLM could possibly approve the application sooner if safety concerns are evident, but added the marine association would be required to make a case in the application.

“BLM is concerned with the hazards on the other side of the Lake too,” Henderson said. “We’re going to do whatever is necessary to make sure hazard areas are identified in the future.”

Salscheider said approval from the Coast Guard took roughly six weeks and the process was sped up because of public safety concerns.

“With the Coast Guard, when we applied, they told us a commanding officer could simply note the safety concern and approve the application on the spot,” Salscheider said. “Why wouldn’t the BLM have the same provision? We hope and expect they’ll expedite this for public safety.”

The marine association held a fund-raising event in November 2009, and after raising enough money for the buoys, received support from San Bernardino County Sheriff-Coroner Rod Hoops, Mohave County Sheriff Tom Sheahan and Chemehuevi Indian Tribe Chairman Charles Wood.

“Despite that fact and despite the fact that the marine association is paying for them, installing them and maintaining them, the BLM is insisting that we file for a permit for their anchors,” Salscheider wrote in an email. “There is also a fee attached for the permit and possibly an ongoing annual fee as well.”

BLM representatives announced in June that the organization is currently administering an environmental assessment on the Lake to determine Special Recreation Permit Regulations and possible fees for “nearly every boating activity on the Lake.” The organization also performed an environmental assessment for shoreline and on-the-water vendors on the Lake earlier this year.

Lands and waters at the 450-foot Lake elevation and below are Bureau of Reclamation withdrawn lands, Henderson said previously. “These lands (and waters) are managed by the BLM under Secretarial Order No. 2915 that states, ‘the purpose of this Order is to assign to the BLM full responsibility for the implementation of the Plan (Lower Colorado River Land Use Plan, 1964), including; negotiation, execution, and administration of leases; the administration of Reclamation lands used or to be used for recreation or wildlife activities; administration of the special permit program on the lands; and for coordination with plans, programs, or activities of bureaus and offices that relate to or affect the Plan.’”

BLM representatives previously indicated that enforcement began in July 2009 when city officials asked for assistance in the removal of all shoreline and floating vendors from Rotary Community Park and London Bridge beaches. But Field Manager Ramone McCoy said those events only “sped up the process.”

Salscheider said he didn’t anticipate any of the actions taken by the BLM following the removal of the vendors.

“All we were asking is that they (were) removed from city’s beaches,” he said. “We had no expectation that this would lead to anything other than the vendors being removed from our beaches. … The buoy program is totally different from that. Because it’s in the interest in public safety, and it’s a dozen or so objects in 2 to 4 feet of water only 100 yards from shore. It’s hard to imagine all these requirements would be necessary. I really hope boaters aren’t at risk for the six months that this takes for them to finish.”

Salscheider added that one of his major concerns is safety, closely followed by the impact on tourism.

“There is nothing on record that formally says how many incidences there are near those dangerous areas, but any boater that’s been on this Lake for a considerable amount of time has seen it or done it,” he said. “If you’re a first time boater and there’s nothing warning you that this could happen and you damage your boat like that, what if you don’t come back because of it?”

San Diego Coast Guard Officer in Charge of Aides to Navigation Mike Tapp, who assisted in the Coast Guard permitting process for the buoys, said it’s not uncommon for more than one agency to be involved in granting permits.

“In our opinion the marine association is very well suited to maintain the program they’ve initiated and it’s a worthwhile program because it addresses those safety issues,” Tapp said. “It’s not necessarily typical for other organizations to require approval on a Lake but it’s not atypical either that another organization would have other requirements. … But from the Coast Guard’s perspective, there is a maritime safety aspect and we think it would increase safety on the Lake.”

You can contact the reporter at nbruttell@havasunews.com

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Comments (38 comment(s))

    572daytona wrote on Aug 7, 2010 8:32 PM:

    " I do not understand the BLM now deciding the Bud-Light Boat,Kon-Tiki,Dixie Bell and all the other Advertising Boats getting a free ride. They put many people out of business and now change the rules. "

    FORD FAIRLANE wrote on Aug 7, 2010 7:14 PM:

    " Hey Jim how are you enjoying the "Mike Henderson" treatment ?? See what happens when you cant play nice ?? "

    tim wrote on Aug 1, 2010 9:31 PM:

    " Roco-thanks for your interrest.
    Its a long story.
    1. The council and jim from the LHCMA wanted the beaches cleared and couldnt handle it themselves so they called the BLM. The city council said that "the majority of the city" wanted the vendors gone. NO VOTE- NO POLL nothing. Over 20 jobs and $1 million a year gone. (for personal reason) Plus they had to pay all the vendors back their past taxes.
    2. The vendors let them all know if the vendors got an attorney-it would mean the whole city would have consequences.
    They didnt listen.
    3. They are now caught in their own web of lies and are trying to act like its a surprise, tragic to Havasu. All the fees and permits have made it so the floating vendors cant afford to go out(which is what the council wanted)
    They won the vendors(which are tourist freindly businesses) are gone.
    Now WE ALL must pay.
    Thanks JIM, Mayor, Dean and Don.
    Maybe we should all boycott Dairy Queen(owned by Don Callahan) He put all of the vendors out of work.

    If you have anymore questions feel free to ask. "

    tomgarven wrote on Aug 1, 2010 12:06 AM:

    " 572Daytona wrote [in part] "I have sent two comments on LHCMA and they do not get printed, is there a reason WHY?

    Tom G. comments. I ran into this same problem some time ago. What happens is this. If you take too long typing your post you will get timed out by the computer system. Timed Out basically means you have been automatically disconnected from the server. This happens automatically after about 10 minutes or so after you log on to the News-Herald site. So if it takes longer than say 10 minutes to type your information it will never appear since the system will never receive it. There is NO WARNING message that you are being automatically disconnected from the server and that is the way many blog sites work.

    If you are like me and write long posts that takes a long time to write, you might try this. Use your word processor to type, review and edit what you want to post. THEN log on to the News-Herald site and copy and paste from your word processor to the posting block. Then enter the code letters and press "Post Comments" Then wait a few seconds and look carefully at the top of your screen for a message in RED LETTERS. The message should say something like; 'your message will be posted after review....

    If you don't see the RED MESSAGE at the top of the screen after a few seconds something didn't work right. Most of the time it is because the code letters were not typed correctly. The letters MUST BE typed exactly as shown including the use of capitals, numbers and lower case letters.

    Good luck and I hope this helps.

    Tom G. "

    tomgarven wrote on Jul 31, 2010 1:49 PM:

    " DUSAN [said in part w/edits]: “I just cant figure out why the paper is so reluctant to print the truth about the Marine Assn.s & a few City Council Members roll in this fiasco, Is it because the news paper is a member of the Marine Assn.?"

    Tom G. responds: Membership in the LHCMA can be found at the following link.
    http://www.lhcma.com/board_members-2

    BOB [said in part w/edits]: "You know, I see the same names making comments on here as on the vendors issue. I still don't think anyone understands. Remember my permit/ticket is "USING BLM land or water for the purpose of a business."

    Both Dusan and Bob make good points. There are many individuals like myself who are retired and frequently post comments to stories. There are probably others like business owners, city and school district employees who also monitor the forms for information or as part of their job duties. And of course the U.S. government also runs computer programs that looks for specific phrases and/or terms in posts.

    When I post something I try to make it apply to the story at hand - however, that is not always true. For example, I make no bones about being a big supporter of solar energy and promote it whenever possible. Not too long ago there was a story about a new solar power plant to be built near the end of Highway 95 and Interstate 40 which would bring 1000+ jobs to Lake Havasu City. You would have thought that there would have been 25 comments cheering the 1000+ jobs. Nope that DIDN'T happen – only one comment and it was mine. Why only one comment, don't the citizens of Havasu care about 1000+ jobs. The short answer of course is that many of the citizens of Havasu who follow the stories published in the News-Herald don't care about jobs because they either have one or are retired from one.

    It seems to me that we sometimes expect too much from our posts or comments and forget who we are talking to – our demographics or audience so to speak. I can't think of a single instance where someone reported on a blog that one our comments had any affect on the behavior of an individuals, the city or a business. I can only hope that some changes have been made but there is really no way to tell is there.

    I can tell you from actual experience that change is sometimes very difficult to achieve. It is going to take a lot more than some comments on a local newspaper blog. One way to start is by feeding your favorite reporter facts, figures, times and places of events. You will also need to find others who want the same changes as you do and start meeting with them every couple of weeks to gather support. Later you will need to start calling your city councilmen one at a time. Then start asking them over for coffee for a meeting with your group of potential voters to discuss something of interest to them and the community. At this point what you want doesn't count - that comes later. What you are also going to need is a few hundred hours of your own time to organize the whole effort. Or if you can't find the time, the money to pay someone to do it for you. This is really difficult for a small business owner and even major corporations sometimes fail. My only word of caution is this. Make sure what you WANT is actually what you NEED. Trying to change back is just as hard and really embarrassing, LOL

    That's my opinion – what's yours
    tomgarven@hotmail.com "

    Roco wrote on Jul 31, 2010 10:45 AM:

    " Dusan: Since I am not a user of the lake and don't know all the ins and outs concerning issues on the lake, could you give me some insight about this situation. The little I know does make it seems like some have their own agenda. I would just like to know for my general knowledge, not trying to stir up the pot or anything like that. "

    572Daytona wrote on Jul 31, 2010 10:35 AM:

    " I have sent two comments on LHCMA and they do not get printed,is there a reason WHY? "

    DUSAN wrote on Jul 30, 2010 9:39 AM:

    " I just cant figure out why the paper is so reluctant to print the truth about the Marine Assn.s & a few City Council Members roll in this fiasco, Is it because the news paper is a member of the Marine Assn.? If the general public knew the truth they would run the whole lot out of town, But all they get is 1/2 truth and spin, And it the people responable were real men they would step up and admit fauld, But NO the are "ACTING" all supprised ! "

    bob wrote on Jul 29, 2010 6:47 PM:

    " You know, I see the same names making comments on here as on the vendors issue. I still don't think anyone understands.
    I told you all, the mayor ,jim from the lhcma and dean barlow and don callahan last year that if they kicked me off the water that it would come back to them.

    Remember my permit/ticket is
    "USING BLM land or water for the purpose of a business." They are ACTING surprised!
    So you must ask yourselves-Why didn't anybody do anything when this all started, you were all told.

    Oh I get it-I'm not the "GoodOLeBOys" so you didn't believe me.

    Well maybe now you will see that money doesn't always win. Good people doing a legit business and helping people may just win out this time.
    If we all got involved and supported each other-maybe they wouldn't have the power.
    Too bad not many people wanted to help until it is too late.

    Go vote Aqueduct center 9-5 everyday.
    We need new staff "

    tomgarven wrote on Jul 29, 2010 10:05 AM:

    " Yesterday I received a wonderful e-mail or letter from a snowbird family in Alberta Canada. They have been following this story but felt they did not have the right to comment. I have asked for his permission to post the letter but have not yet received a response today. In general, he believes that Lake Havasu City is also heading for trouble if the current BLM trends continue. His concerns are also centered around the fact that a land based government agency now seems poised to negate the authority of the U.S. Coast Guard who's job it is to ensure the safety of our waterways.

    Tom G.

    tomgarven@hotmail.com "

    Desertrat wrote on Jul 28, 2010 7:11 PM:

    " justwondering-yeah okay. Throw in your anti-PD comment in a story that has nothing to do with it. Lots of tourists come here and have fun. If you are not one....sorry! Party on. "

    tomgarven wrote on Jul 28, 2010 2:37 PM:

    " bobo - very well said. You can bet my letter will be in the mail as soon as I gather some more facts.

    Tom G. "

    rivr5150 wrote on Jul 28, 2010 1:04 PM:

    " WELL i guess the B.L.M got tired of the the crap and decited to show who was boss "

    bobo wrote on Jul 28, 2010 11:47 AM:

    " If everyone who posts here is as mad at the BLM as I am, we need to effect change. As someone else here suggested, it’s time to abolish the BLM and turn that land over to the States.
    Write to your U.S Congressmen and tell them how you feel. Use paper and pen, and put it in an envelope. Don’t email. And don't bother contacting the BLM as they won't respond.

    Senator Jon Kyl
    United States Senate
    730 Hart Senate Office Building
    Washington, D.C. 20510-0304

    Senator John McCain
    United States Senate
    241 Russell Senate Office Building
    Washington, D.C. 20510-0303

    Congressman Trent Franks
    United States House of Representatives
    2435 Rayburn House Office Building
    Washington, D.C. 20515-0302 "

    tomgarven wrote on Jul 28, 2010 9:47 AM:

    " I seldom get into discussions that I know nothing about - but I am going to make an exception in this case. For example, I have never been to a Marine Association meeting. Also, I can't even remember ever meeting anyone from the Bureau of Land Management [BLM] but if the facts in this story are correct; something stinks to high heaven.

    From what I read in this article it appears the Marine Association is trying to do something of VALUE for our community. They appear to be trying to place safety buoys on some shallow water safety hazards on our lake. When I first moved here over 12 years ago, I specifically remember these buoys warning me [a first time boater] of these shallow water hazards and they probably prevented me from running my boat over one of these hazards. That to me seems like a group of individuals trying to make boating SAFER for EVERYONE.

    What I find totally offensive is the position being taken by the BLM. It smells like a takeover attempt by some government agency. Taking weeks or even months to issue a permit smells like a power play to me while putting peoples lives at risk for political gain. Is that what you want or expect from YOUR government and its LOCAL representatives?

    I guess the BLM must have their own reasons for doing this and I welcome their comments here on this form. Also, If they send me an e-mail [my e-mail is below] I will be happy to publish it here for everyone's information. If I am proven wrong I will be happy to publish an apology. If in fact is takes them that long to issue a permit then in my opinion they may have just OUTLIVED their USEFULNESS to our community. If that is the case, WHY do we EVEN need them? When was the last time you received a service from the BLM?

    As a citizen and/or resident of Lake Havasu City you might also care about what happens to your community. If the BLM goes ahead with it's plans to start charging fees for selected events; how long do you think it will be before they start charging for every event? Then how long do you think it will be before they try to add a surcharge on every boat launching. Am I the only one who can see this leading to a limit on the number of boats on the lake or even the DAYS we can use the lake. Am I the only one that can see this attempt by some government agency to take over the very livelihood of our city?

    In closing, I am going to ask a very simple question - what has the BLM done for you today and what services did you receive for your tax dollars?

    That's my opinion and I welcome all opposing opinions here on this blog and at my real e-mail address which is:

    tomgarven@hotmail.com
    if you write please put BLM in all caps on the subject line of your e-mail.

    Tom G. "

    BRIGHT0NE wrote on Jul 27, 2010 10:23 PM:

    " None of them have any qualifications, They are just a bunch of people that think because they are / were rich they can dictate what the city does (power in numbers) Remember how they tried to get cozy at winsor beach and then tried to grab the launch ramp,remember when they wanted to rent administer the rent a ring program so their pals could have first pick at mooring in the channel,The Marine Assn is the one that started this non sense with the BLM, They are a cancer to the community, Jim used to crow about how he ran the BLM, Now he is scratching with the rest of us,,Poetic Justice "

    justwondering wrote on Jul 27, 2010 11:59 AM:

    " Tourist have been putting up with overzealous enforcement for years. How does it feel when the shoe is on the other foot. You make your bed now you have to sleep in it. "

    wolter80 wrote on Jul 27, 2010 11:46 AM:

    " why is it we always gripe and complain but never do anything about it every city every state and the whole country is controlle by the minority of our population but the are always in control of us and we like it and re elect them over and over i wisch we the people of lake havasu would form a GROUP like the tea party and start showing our power and get their attention elections are coming up where are we vote for the same punishment again OK then lets stop complaining we deserve no better its like a herd of tausend sheeps controlled by one person and to dogs IF YOU ARE INTRESTED IN FORMING A PARTY FOR WE THE POEPLE FOR THE POEPLE LET ME KNOW SO WE CAN MEET AND SET UP AN AGENDA 928 453 5291 OR E MAIL ME HORSTZANDE@AOL.COM "

    tomgarven wrote on Jul 27, 2010 8:34 AM:

    " Just wondering - has/is the Marine Association working through an FACA?

    Federal Advisory Committee Act: Summary of What BLM Staff Need to Know When Working With ADR-Based Collaborative Community Working Groups
    Bureau of Land Management Alternative Dispute Resolution and Conflict Prevention Program
    1849 C Street NW, Mail Stop 1050 LS, Washington, DC 20240 Phone 202-452-0349 Fax 202-653-9871 http://www.blm.gov/adr/ Email adr@blm.gov
    Summary of FACA and Guidance
    What is FACA?
    The Federal Advisory Committee Act (FACA) provides an orderly procedure for Federal agencies to seek advice and assistance from citizens and experts. Any time a Federal agency intends to establish, control, or manage an advisory group, the agency must comply with FACA and administrative guidelines developed by the General Services Administration (GSA) and the Bureau of Land Management "

    Roco wrote on Jul 27, 2010 7:38 AM:

    " Just out of curiosity, what is the main purpose of the Marine Association? What are Jim Salscheider's qualifications to say what is a hazard or not on the lake? Does he has some kind of maine safety degree or certification? Is the Marine Association just a group of boaters who have boating experience? I am not trying to downplay the association. I just don't know that much about it. "

    tim wrote on Jul 27, 2010 12:37 AM:

    " If you go on LHCMAa website-
    it says mayor and city worked out a deal to not start this until next year-
    That means, that they can put the floating vendors(who have complied adn jumped through the stupid hoops) OUT of thompson bay, limit their sales and not allowed to advertise, but everyone eles can wait until next year.
    SELECTIVE ENFORCEMENT
    The BOB even asked if they went into the channel would they leave them alone-the blm said no" everyone had to get a permit."
    The vendor were notified and put out of business over a year go and now another year FOR THE REST..

    I sure hope the BOB attorney runs them out of town with this "

    572Daytona wrote on Jul 26, 2010 6:56 PM:

    " Great!! I sat at every Council Meeting and watched Jim S. do everything he could to oust the Beach Vendors and when was done speaking smiling and quite proud of himself,now what goes around comes around. I love it,and maybe others will see Jim S. and the LHCMA for what they are nothing but for themselves. Jim crying in nyour beer now is down right embarassing don't you think? "

    BRIGHT0NE wrote on Jul 26, 2010 3:44 PM:

    " Yeah Jim Thank's A LOT for this mess "

    WATCHING HAVASU DIE wrote on Jul 26, 2010 3:05 PM:

    " Hooray for the BLM for at least pretending to be enforcing the law equally, And being JIM of the Marine Assn. started this he should have the "True" jumping thru hoop's BLM experience, I sure hope the BLM makes them buy the 1 mil. insurance incase some one hit's one of those un-natural hazards (Buoy) The lake has been here 70 years and now it's life and death to get those buoy's out there, Too bad they can't take away his paycheck so he would have the whole "Mike Henderson" treatment "

    tim wrote on Jul 26, 2010 9:45 AM:

    " AGAIN, I told you if we didnt help the vendors and the big orange boat ,we would be facing alot of bad things more laws and costs, no one listended.
    The city people only get involved when it effects them.
    Every decision effects you.

    As soon as The Big Orange Boat got an attorney the BLM has to enforce all the laws to all the businesses. JUST LIKE SHE SAID!!!!!

    No more selective enforcement. They shut her and the vendors down for a year-
    Atleast none of you had to be closed a year and still have an everyday harrassment. It is not even profitable to be out there any longer, Thats the BLMs way of shutting them down. "

    sunny864 wrote on Jul 26, 2010 8:01 AM:

    " BLM..............BRING LOTS OF MONEY "

    law wrote on Jul 26, 2010 6:42 AM:

    " BLM IS Crazy!!! Talk about a group that does nothing except complicate things.

    BLM means NO COMMON SENSE "

    Triple J wrote on Jul 25, 2010 6:34 PM:

    " Too many chiefs, not enough indians. Or too many hands in the pot.... "

    bobo wrote on Jul 25, 2010 10:57 AM:

    " Fire the BLM.
    Hell fire the Federal Government. They are out of control!! "

    FORD FAIRLANE wrote on Jul 25, 2010 10:50 AM:

    " Wondering Why if they held the fund raiser event in November 2009 it took 8 months to get a six week permit from the Coast Guard ? Was the Marine Assn playing the market with the money in the mean time ? This all boils down to UNFIT LEADERSHIP within the Marine Assn. & City Council for not knowing you can't persacute a few minority vendors, Have none of them ever heard of "selective Enforcement or Equality under the Law? One of our country's basic CIVIL RIGHT's,,,,Time for some new YOUNG Blood for our civic leader's Truly a case of shooting ons self in the foot! Well Jim, Dean, Don, David, Lee, Margret, Would you do us all a favor and GO AWAY ! "

    Mutant wrote on Jul 24, 2010 9:17 PM:

    " well well it appears the great marine association forgot to check with all the agencies again; seems to be a pattern of forgetting to dot the "t"s and crossing the "i's which says they launched the trailer and left the boat in the parking lot again. Hard to float in the trailer- isn't it? "

    Roco wrote on Jul 24, 2010 4:34 PM:

    " “All we were asking is that they (were) removed from city’s beaches,” he said. “We had no expectation that this would lead to anything other than the vendors being removed from our beaches. …"

    Well, I guess the "the good ole boys" knew what was best for Lake Havasu. Playing the "look out for me and my cronies" game has backfired and Lake Havasu will pay for it. I think BLM is overextending its power (where there is perhaps nothing that can be done about it) and the council and Lake Havasu Marine Association are the main players here. If BLM flexes its muscles and the city losing some lake events, everyone knows who to blame. "

    james wrote on Jul 24, 2010 1:55 PM:

    " Just another example of too many government agencies. Its time for the feds to turn the BLM land over to the States and get rid of the BLM and save millions of dollars.. "

    justaguy wrote on Jul 24, 2010 11:49 AM:

    " I can hardly wait for the federal government to take control of healthcare. "

    wilson wrote on Jul 24, 2010 9:08 AM:

    " Another classic example of the government being way way too big and in your face. "

    CharlesM wrote on Jul 24, 2010 7:45 AM:

    " BLM is becoming a totally obnoxious and overbearing Big Brother. They have way too much power. This needs to change. "

    captainjim wrote on Jul 24, 2010 7:41 AM:

    " Maybe it's time to get the U.S. Senators and Representatives involved and see what can be done to remove some of this all powerful authority from the BLM. When they let their requirements stand in the way of safety and progress it's time to reel them in a little. Common sense needs to replace bureaucracy. "

    tazdave wrote on Jul 24, 2010 3:38 AM:

    " If your going to drag a dog to the party, you better be ready to dance.

    BTW - Where are these "danger zones" that I've been fortunate enough to miss? "

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