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Forest Service Probes Homeowner's Road Construction

POSTED: 4:56 pm PDT October 20, 2009
UPDATED: 7:00 pm PDT October 20, 2009

The United States Forest Service is investigating a driveway that was plowed through the center of the Cleveland National Forest, 10News reported. The 1,450-foot dirt road is near the tiny community of Guatay, and it connects Old Highway 80 to a property owned by Gary Brennan.

U.S. Forest Service Ranger Owen Martin told 10News Brennan had a permit to construct the driveway to access his property. The private property is completely surrounded by the Cleveland National Forest.

However, Martin said Brennan didn't completely follow the permit, and added, "In this case there's been some significant deviations."

Martin said the driveway doesn't follow the permitted course and could be cutting across sensitive habitat space for endangered species or it could be disturbing undiscovered historical artifacts.

"There could be (archeological) sites. There could be Arroyo Toads and those kinds of things that live out here," said Martin.

To make matters worse, the driveway was plowed on a red flag day. Construction is not permitted on these high fire danger days because the heavy equipment, like bulldozers, could spark a wildfire.

Residents in nearby Guatay were surprised to hear about the construction.

Cindi Avignone told 10News, "He either wasn't thinking ... and hopefully that's the case that he just wasn't thinking."

The forest areas surrounding Guatay haven't burned since the Laguna Fire in 1970. The brush and trees are especially dry, and Martin said the bulldozer's blade could have hit a rock, sending a tiny spark into that dry brush with devastating consequences.

"It is ripe for a big fire," Martin said.

10News spoke to Brennan over the phone, and he said he inherited the 140-acre parcel and has been working towards developing it since 2005. He said he's spent $73,508 of his own money on permitting fees, surveys and engineers. Brennan said he told the Forest Service what day his contractors would be working on the path, and even hired an environmentalist to supervise construction.

He said, "I thought I was doing exactly what the Forest Service wanted."

Brennan said he wants to path so he can survey his property to potentially build on the land.
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