LAWSUIT FILED AGAINST COUNTY AND COVERT CANYON OVER SHOOTING RANGE IN HEART OF CLEVELAND NATIONAL FOREST

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East County Magazine

January 14, 2016 (Alpine)--The Cleveland National Forest Foundation (CNFF), Coastal Environmental Rights Foundation (CERF), and Save Our Forest and Ranchlands (SOFAR) announced  that they have filed a lawsuit challenging the County of San Diego’s approval of a firearms training facility for military and law enforcement at Covert Canyon within the boundary of the Cleveland National Forest outside of Alpine.  

The suit seeks an injunction and restraining order to shut down commercial firearms training at the facility, among other remedies.

The lawsuit cites alleged violations of the California Environmental Quality Act, abuse of discretion in changing the use classification of the commercial firearms shooting facility, and violation of the California Land Conservation Act of 1965 (commonly referred to as the “Williamson Act”).

A press release issued by the plaintiffs states that the Covert Canyon, LLC property has “repeatedly violated county codes regarding illegal grading and unlawful commercial training activities over most of the past decade. Despite numerous notices of violation and failures to cease the illegal activities or obtain proper permits, in October, 2015 the County ignored its ministerial and statutory duties and entered into a Stipulated Administrative Enforcement Order (SAEO) with Covert Canyon, LLC to allow the previously-determined illegal activity. At the core of Petitioners’ lawsuit is the fact that permission for such activity was granted absent environmental review. Potential environmental impacts identified include lead pollution to surface and ground water, habitat and wetlands destruction, noise, increased fire danger, erosion, and public safety concerns.”

The land is surrounded by protected Cleveland National Forest land and is also contractually bound under the Williamson Act to be maintained as farmland and open-space land, not to be developed or converted to a non-agricultural commercial use, plaintiffs further contend, adding, “The firearms and paramilitary training activities granted by the County are directly at odds with the property’s contract that has provided a property tax benefit in exchange for the commitment to limit uses on site.”

Marco Gonzalez, attorney for the environmental groups, states, “I cannot think of another circumstance where County Staff has so blatantly disregarded its environmental responsibilities. Not only has the County refused to even discuss the CEQA allegations, it has bent over backwards to accommodate a use and an applicant that are borderline criminal in their disregard for the sanctity of the Cleveland National Forest. We are, frankly, in shock at the County’s irresponsibility.”. He added, “Given the years of illegal activity known to have occurred at Covert Canyon, the County has done more than just turn a blind eye. It is absolutely complicit.”

During a contentious planning board meeting late last year, Cleveland Natoinal Forest Foundation co-founder Duncan McFetrdige accused planners of "criminality". View video: https://www.youtube.com/watch?v=zQEuW-DDdLI&feature=youtu.be

Robin Williams, a neighbor of the property who filed an unsuccessful appeal with the County Planning Commission along her husband, Clark, said “the door remains open” for neighbors to file their own suit in the future. 

Contacted for comments, Marc Halcon, owner of the Covert Canyon site, told ECM, “We expected this, but I haven’t heard from our attorneys yet that they’ve been served.  I haven’t heard from the County yet whether it’s been served, either.”

Read our recent coverage with arguments on both sides of this contentious issue here:

http://www.eastcountymagazine.org/covert-canyon-appeal-filed-owner-marc-halcon-speaks-out-controversy-heats

http://www.eastcountymagazine.org/planning-commission-guns-down-appeal-allows-covert-canyon-conduct-military-firearms-training

http://www.eastcountymagazine.org/covert-canyon-opponents-appeal-supervisors


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