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Environmental Disaster at Barona Casino Racetrack

Barona Indians Destroying the Environment!


“Calling noise a nuisance is like calling smog an inconvenience. Noise must be considered a hazard to the health of people everywhere.” U.S. Surgeon General Dr. William Stewart, 1973

"The Barona Valley is home to a wide variety of wildlife, and we are dedicated to preserving and enhancing wildlife habitat. Lakes and streambeds provide ideal nesting areas for a number of birds, and these areas are identified and protected from equipment and foot traffic."  Barona Tribe Website

"One person. One tribe. One earth. We can all make a difference."  Barona Tribe Website

"The tribe will not agree to any discussion which seeks to deprive it of its sovereign authority to decide what uses will be made of the lands of its federal Indian reservation."  Art Bunce, Attorney for the Barona Tribe

"However, before we leave this subject, the Tribal Council wished me to make a point for the record, in case the issue ever comes up again.  We do not believe that the Clean Water Act applies at this location on the Barona Indian Reservation, as your letter assumes."  Art Bunce, Attorney for the Barona Tribe

The Barona Band of Mission Indians have great power and responsibility on their tribal lands.  If you follow their own advertising, they also claim to be environmentally conscious.  We, their neighbors, do not see them that way.  We see them as poor stewards of the environment, because even though they know and understand how they are affecting the local environment, they continue to endorse, and even increase, the activities that are creating excessive noise and ruining our local streambed, Little Klondike Creek.  Please read on for more information, and judge for yourself.


The big question that every resident in the neighborhood wants to ask the Barona Indian Tribe:

If this racetrack is such a great idea, why is it next to OUR homes and NOT next to your casino?

If Barona wants people to participate in their venture, why not put the tracks next to the casino, where there is plenty of room and the specatators are concentrated?


Contents

Background
Who is responsible?
Barona Tribe Claims Immunity from Federal Law!!!
Photos and Video of Habitat
Our solution
Links to those who can help


NEW!  Video of a resident on her back porch, trying to talk over the noise.

This is truly an amazing video.  You can not understand how loud this track is until you see and HEAR this video.






10 Minute Video of the noise and environmental damage




Background

The Barona Indian Tribe, owners of the Barona Indian Casino, operate an unpermitted motocross track on their reservation that is an environmental disaster you wouldn't believe to exist in these modern times.

Here is some background:  The California Mini Motorcycle Club (CMMC) moved to this location at Barona Oaks Motorcycle Track as a MINIBIKE track for children, sometime between 1976 and 1978.  Low power minibikes that go pretty slow were supposed to be what was raced there.  There was just one small track in the beginning.  Over the years, the track has expanded a lot, to the point now that it is way beyond what anyone could have ever imagined.  Currently, really large, fast, full-sized motorcycles ridden by adults race there.  Not much of  their program is minibikes any more.  If you check their website at http://baronaoaksmx.com, you can see the tribe has expanded the operation considerably.  You can't really call it a "Mini" motorcycle track any more.  Good for the riders, but bad for the land and the environment.

Above is an aerial view of the dirtbike track and the Barona dragstrip and dirtcar tracks, all on the north end of Wildcat Canyon Road in San Diego County.  Little Klondike Creek flows right through the middle of the dirtbike track.  Follow the line of trees, which normally are found on the sides of streambeds, where water accumulates.  In this photo, you can actually SEE water standing in the bed of Little Klondike Creek.  Little Klondike Creek then meets up with San Vicente Creek, which then empties into San Vicente Reservoir, an important local source of drinking water.

The track is built on the streambed of the Little Klondike Creek.  All the dirt that is loosened up by the earthmovers and motorcycles ends up in the streambed, choking off waterflow.  That silt and the pollutants it traps end up in San Vicente Reservior, which is everyone's drinking water.

The noise being generated from the track is also considered pollution.  The United States Environmental Protection Agency (EPA) has a regulation on the books concerning noise generation.  In 1981, enforcement of this statute was transferred to state and local authorities, yet the law remains on the books.  The Barona Tribe are bound by regulations of the USEPA, and so should be following this regulation.  Click here to read more at USEPA:

EPA Identifies Noise Levels Affecting Health and Welfare

During late August and early September 2007, the County of San Diego conducted noise and dust testing in one of our neighbors yard.

The results were mixed:  Noise is VERY high: 50 decibels is considered the maximum for rural county areas, and the noise was measured to exceed that limit 66 to 88 percent of the time during track operation, with a range over 12 decibels above the maximum.

Dust measurements during the test period were reported as "not excessive," due to the size of dust particles sampled.  Only extremely fine particles of dust, PM2.5 and PM10, the type that would be inhaled and cause lung damage, were measured.  The dust we get is larger particles, and trust us, it is very bad.

Here is a copy of the first page of the report. Email us for a copy of the full PDF file.

Barona Sound Test


Who is responsible?

Who is responsible for all this environmental damage you are reading about?  Two Barona tribe members operate the track: Walter Banegas and Dayton Banegas.

The Barona Tribal Council approves all land uses on the reservation.  These people are ultimately responsible and accountable for the noise, dust, and environmental degradation of this land.  They are:  Edwin "Thorpe" Romero, Chairman;  Beth Glasco, Councilwoman; Charles "Beaver" Curo, Vice Chairman; Adam Reyes, Councilman; Edward Joseph Welch, Councilman; Linda Curo, Councilwoman; Brandon Banegas, Councilman.






Please read the following brochure, from Summer 2008, keeping in mind the image the Barona Tribe is trying to project.  Then, read the rest of this website and see if YOU agree that they are doing what they claim in their brochure.










Community Connection?

$3.25 MILLION of charitable contributions in 2007 alone?  Why won't they move their track for a few thousand easy dollars?

Environment Connection?

How do they justify a bulldozed motocross track in the bottom of a senstive streambed?  How does THAT clean up the environment?

Wellness Connection?

These people are driving us INSANE with the noise!  How does that contribute to the health and well-being of the entire community?

Family Connection?

We have children who can't sleep in the afternoon because of the noise.  How is that pro-family?


Barona Tribe Claims Immunity from Federal Law!!!

The United States Environmental Protection Agency visited this track in November of 2006, with the permission of the Barona Tribe.  For two weeks prior to this announced visit, earthmoving was taking place, presumably to cover the diesel spill you'll read about later.  What is interesting are the recommendations the EPA made to the tribe, basically telling them to stop grading in the bottom of Little Klondike and Klondike Creeks.

The first two sheets are from the EPA.  The second two sheets are from the Barona attorney, speaking for the tribe.  You won't believe their answer:  They have the GALL to claim the Clean Water Act is BAD LAW and doesn't apply to them!  Well, just who the heck do they think they are????

Here are the letters:

Barona claims that the bulk of the track construction was accomplished in 1973-1974.  Below is a series of photos from the County of San Diego from that time frame and later, which concretely disproves this statement.  The Barona Tribe are LIARS!  They say whatever suits their purpose.  These people can not be trusted to tell the truth about anything!

This first photo was taken in January of 1974.  NO TRACK!

This second photo was taken October 1976.   NO TRACK!

This last photo was taken November 1978, and the track is about half its current size, with no set course and no apparent bulldozing, just a bunch of trails.

Below is a photo from 1994, showing only ONE track.

This next photo shows TWO tracks in May of 2002.  The older one on the left is now the main track, and the new "Pee-Wee" track for small motorcycles is on the right.

In the letter from their lawyer, they claim that the bulk of their construction occurred in 1973-1974, and in other statements they claim that after that time, all they have done is "maintenance."  If you follow the timeline, there is MUCH more bulldozing going on than "maintenance."  They are constantly expanding this track, and should be getting permits every time.  But they don't, because they think they are above the law!

So, how do you think they responded to the EPA's recommendations in that letter?  The operators graded even more, and started an off-road racing and paintball complex!!!!!!




 

Here is a photo of a bulldozer moving dirt on the Barona Oaks Racetrack.  This activity is a violation of many Federal rules and regulations concerning moving of dirt near sensitive habitat.

Just HOW do these people get away with this?  They just go out and break laws because nobody is watching!  Can you imagine if a normal person tried to grade around a stream like this?????  Keep reading!  It gets even WORSE!


Photos and Video of Habitat

Here are some of the wild critters that live behind our houses, and that would live in Little Klondike Creek if they could.

Kangaroo Rat, an endangered species.  This one was hiding in a pocket of an unfinished swimming pool wall, in a yard backing up to the track.  The homeowner rescued him alive and released him back into the wild.

A small frog, species unknown.

A salamander of some sort.

Here are an aerial shot showing relative locations, a photo and two videos of Little Klondike Creek upstream of the motocross track.  As you can see, upstream of the motocross track the environment is very natural, and makes a good habitat for endangered species.

This is what the barren motocross track just a few yards downstream would look like if it weren't bulldozed every week and wiped out by motorcycles.

Overview of vernal ponds upstream of motocross track.

Closeup of vernal pond upstream of motocross track:

This is a video of the pond on a sunny day:

This shows some of the life in the pond.

This photo shows a water sample and where it was taken from at the pond.  Closeup photo follows.

This is a closeup shot of some very small creatures, maybe Fairy Shrimp, that were scooped out of the pond.  The tan creatures were moving rapidly. The lid was emptied back into the pond and removed from the area after the photo.

And what about the Fairy Shrimp that grow in the seasonal streambeds?   Do you think they have a chance to live where the bulldozers and erosion silt everything over?

This is the bed of Klondike Creek on the grounds of the Barona Motocross track.  Check out the discarded car tire in the bed of the stream!

More discarded tires in the streambed of Klondike Creek!

Isn't there a law about having portable toilets close to a streambed?  If that thing leaks, raw sewage will go right into everyone's drinking water.

This is where Wildcat Canyon Road crosses Klondike Creek.  Sure won't be any fish coming up this stream.

Wildcat Canyon Road crossing Klondike Creek.  Sediment has nearly choked off the drainage tubes.  From what I have read, this stream is a habitat for red-legged frogs, and fairy shrimp.  Kinda hard to live in this, don't you think!  Isn't there a law against letting dirt choke up a stream?

Here is their diesel generator / pump house.  Not what you'd call tidy.

We wondered what the black stuff was at the bottom of the building.

Pretty nasty, huh?

Turns out their generator is leaking diesel fuel right into the ground, right into Little Klondike Creek, right into your and my water source.  This is illegal, for sure!


 
 

Sure don't see any spill protection at the bottom of this diesel storage tank!  Spill protection is required by law everywhere else in the United States!

Looks like someone's been changing their car oil right here on the ground.  NASTY!!!!  This isn't allowed in your neighborhood, is it?

Below is a photo taken on March 6, 2004, just a few months after the devastating Cedar Fire of 2003.  I remember trying to go hiking in the back country areas after the fire, and they were closed for more than a year, to prevent erosion from footprints.  Now, how do these people get around that law, and use earthmoving equipment and motorcycles when hikers can't even walk on dirt after a fire?

Current photo after a rain.  Check out the erosion!  There are federal laws against this exact thing!

More waterway clogging erosion after a rain.

Discarded tires and construction fence just feet away from Klondike Creek.

On dry days, this is what the air looks like at the Barona Indian Reservation Dirtbike Track.  Isn't there a law against dust pollution like this?  Don't construction companies have to wet down their projects during construction?  Are these people immune from federal law?  I don't think they are.  This dust is not staying inside the Barona Reservation--it's going into OUR air!

Here is a video of dust being generated on August 5, 2007.

There are several laws being broken here.  Foremost is the location of the track in the bottom of a creekbed and the fact that the track is constantly under construction by earthmovers that remove vegetation and rebuild the jumps by moving dirt.  By removing vegetation and moving dirt all the time, any rainfall carries dirt and silt down into Klondike Creek.  That dirt flows in creekbeds during rains, washing whatever is loose into larger rivers, then lakes.  If vegetation is missing from the creekbed, as it is here, dirt, silt, diesel fuel, motor oil, and whatever else is there gets washed into reservoirs and eventually the ocean.

Here is a link to a San Diego Tribune article about polluted runoff from the Sprinter Rail construction.  These people are facing major FINES for letting dirt into local streams: Runoff citations from state hit NCTD  Why are the Barona Casino Indians any different?  How do they get away with it?  The people who live just upstream of this portion of Little Klondike Creek are required by the county to install silt and runoff barriers any time they move dirt during construction.  Why?  If the Barona Indians don't have to, why should local homeowners?

Everyone knows that spilling fuel is against the law.  Letting it leak out of your tanks onto the ground is just plain stupid, and affects the well water of everyone in the area.  I'd be willing to bet that a lawsuit for water pollution by local residents would get the Barona Tribe's attention.  Another law being broken pertains to air quality.  The diesel generator surely isn't up to current codes, and all that dust is a pollutant.  There are so many laws being broken here!

Native Americans always say that they respect the earth.  From seeing the motocross track belonging to the Barona Indians, I really doubt that statement.  How are these people getting away with this?

I asked some local government officials to judge the Barona Motocross Track as if it were on county land.  Here are some of the violations they saw, without even visiting the track, as they are not allowed on Indian land.
 

Issue
Regulation
Land disturbance without erosion control best management practices
1. Watershed Protection Ordinance
2. Grading Ordinance
Grading/clearing without permits
Grading Ordinance
Filling in creek
1. Watershed Protection Ordinance
2. Watercourse Ordinance
Streambed alteration
Watercourse Ordinance
Culvert design/streambed crossing
Watercourse Ordinance
Grading within waterways
Watercourse Ordinance
Grading within Multi-Species Conservation Program sub-areas
Grading Ordinance
Illegal dumping/junk storage on private property (away from receiving waters)
“Junk” Ordinance
Junk, trash &  debris in creek
1. Watershed Protection Ordinance
2. Watercourse Ordinance (if causing obstruction or alteration)
Permanent trailers/campers
Building Code
Portable toilet next to creek
Watershed Protection Ordinance
Sewage on ground
Calif. Health & Safety 
Dust control—lack of
1. Grading Ordinance
2. Air Pollution 

The ONLY reason the Barona Casino gets away with this travesty is that they don't think they have to follow the same rules as you and I do, and nobody has brought this disaster to the attention of the proper authorities.  Yes, they break the laws that govern everyone else because they can.  If this track were on county land just a mile away, it would be closed in a millisecond and the owners put in jail, for violations of all sorts of environmental protection laws.

Others in the area around Ramona have tried to create motocross tracks, and have been stopped dead in their tracks by the county and its rules.  Here are links to two articles.

The first one talks about the track and the controversy:
http://www.signonsandiego.com/uniontrib/20051006/news_1mi6camel.html

The second talks about the fines and permits required:
http://www.signonsandiego.com/uniontrib/20051105/news_1mi5moto.html

How do the Indians get away with breaking the rules all other residents have to follow?  Are they somehow immune?  Are they too powerful?  Are they buying off politicians with donations to political campaigns and charities?

Here is an interesting headline from the March 4, 2007 San Diego paper:
http://www.signonsandiego.com/news/education/20070304-9999-1m4salk.html

A school district in San Diego bought some land more than 27 years ago, and is trying to build a much-needed school, but the US Fish and Wildlife Service is requiring a land mitigation due to the presence of fairy shrimp.  Now, aren't the Barona Casino Indians also affecting fish and wildlife with their constant grading of the track and all the erosion that is clogging Little Klondike Creek with silt?  Shouldn't the Barona Casino Indians be held to the same standards as the San Diego Unified School District?

We think the Barona Indians should move their race track up the hill next to their drag strip and dirt car track and build it per current environmental rules that apply to everyone else.  They need to follow federal law.  Their other racetrack  location isn't near any streams, and makes more sense, environmentally and economically.   Then, they could have a central snack bar, bathrooms, and a campground, and make more money from entry fees.  On weekends of motocross events, they could get more spectators at the other two tracks.  Makes sense, don't you think?

So here is our proposition:  Since we can't do anything to motivate the Barona Casino Indians, can some environmental group like the Sierra Club, Center for Biological Diversity, the US Fish and Wildlife Service, or some other water quality/environmental group get the Barona Casino Indians to close and move this racetrack?  How about the Federal Government?


Our solution

The Barona Tribe is trying to get an 85-acre parcel of land put into trust so they can operate a water pipeline from San Vicente Reservior to their casino and golf course.  Read more here at the San Diego Union-Tribune: Barona may get water aid from Congress

Getting land put into trust requires an act of Congress.  Since more water for Barona will also help their dry-well neighbors on the other side of the reservation, we are in favor of this arrangement, with ONE additional feature:  The Barona Tribe should give up the same amount of land next to us in exchange for the land they want put into trust.  This land next to us could then become a nature preserve and buffer zone, never to be developed.  The land should be put into the ownership of the US government, maybe the BLM or other government entity to assure it remains a nature preserve forever.

Since their track is such a nuisance to their neighbors and will cause considerable headaches for the Barona Tribe because of the myriad environmental laws being broken, they should be happy to get rid of it


Links to those who can help

If you think this racetrack is a travesty to the environment, send an email or letter to the contacts below.  Also, you can use the File-Send Link command at the top of your browser to send the link to others who may be able to help.  If an address for the violation is required, call it Wildcat Canyon Road, 1 mile south of San Vicente, Ramona, CA 92065.

Spread the word, and get your friends involved.  The more people who hear about this and pass on the website information, the more action will occur!  If you want to see this disaster in person, visit during a race day, and drive in just like any normal spectator.  I guarantee you'll be shocked at what is happening in the middle of a delicate creekbed.  Check the calendar of events at http://baronaoaksmx.com

Here is our other website that covers noise impacts and past history with the Barona Indians.  Lots to read here...

Barona Indians Are BAD Neighbors!

Here is a video of the noise at the track.  The county limit for rural areas is 55dB.  Check the readings.  Can you imagine having to live with that all weekend?


Links and Contacts

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Comments: 202-456-1111
FAX: 202-456-2461

Barona Band of Mission Indians
1095 Barona Road
Lakeside, CA 92040   
Phone: 619-443-6612   
Fax: 619-443-0681
E-Mail: counciloffice@barona-nsn.gov


Barona Public Relations Contact
Kelly Speer
VCAT, LLC
(619) 933-5013
Email: kspeer@vcat.com
 
San Diego City Council

These people do business with Barona with the December Nights event at Balboa Park, and they need to know what kind of people they are dealing with.  The money is tainted.  Click the names below to send an email to all members at the same time:

Sherri Lightner
Kevin Faulconer
Todd Gloria
Tony Young
Carl DeMaio
Donna Frye
Marti Emerald
Ben Hueso

San Diego County Board of Supervisors

Lots of people in the county accept Barona charity.  The San Diego County Board of Supervisors needs to know what kind of people the Barona Tribe really are, so they can let anyone considering accepting charity money know that it is tainted money.   Click the names below to send an email to all members at the same time:

Greg Cox
Dianne Jacob
Pam Slater-Price
Ron Roberts
Bill Horn

Email link: United States Senator Dianne Feinstein

San Diego Office
Senator Dianne Feinstein
750 B Street, Suite 1030
San Diego, CA 92101
Phone: (619) 231-9712
Fax: (619) 231-1108

Washington Office
Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954

Email link: United States Senator Barbara Boxer

San Diego Office
Senator Barbara Boxer
600 B Street, Suite 2240
San Diego, CA  92101
619-239-3884
619-239-5719 – fax

Washington Office
Senator Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, D.C. 20510
(202) 224-3553

Email link: 52nd Congressional Dist. Rep Duncan D. Hunter

San Diego Office
Congressman Duncan D. Hunter
1870 Cordell Court, #206
El Cajon, CA 92020
(619) 448-5201
(619) 449-2251 – fax

Washington Office
Congressman Duncan D. Hunter
1429 Longworth HOB
Washington DC 20515
PHONE:  (202) 225-5672
FAX: (202) 225-0235

Email link: Dianne Jacob, San Diego County Board of Supervisors

Supervisor Dianne Jacob
County Administration Center
1600 Pacific Highway
San Diego, CA 92101
(619) 531-5522
(619) 696-7253 fax

Email link: U. S. Department of the Interior, Bureau of Indian Affairs

Bureau of Indian Affairs
Assistant Secretary for Indian Affairs
1849 C Street, N.W., MS 4160
Washington, DC 20240

Bureau of Indian Affairs
Pacific Region
Clay Gregory, Director
2800 Cottage Way
Sacramento, CA  95825

Bureau of Indian Affairs
Southern California Agency
James (Jim) Fletcher, Superintendent
1451 Research Park Drive
Riverside, CA  92507-2471

Email link: United States EPA Complaint Form Page

Stephen L. Johnson, Administrator
Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Alexis Strauss, Director
US EPA
Region IX, Water Division
75 Hawthorne Street
San Francisco, CA  94105-3901

Email link: United States Department of Interior

Department of the Interior
Ken Salazar, Secretary of the Interior
1849 C Street, N.W.
Washington DC 20240

Sierra Club email address

Center For Biological Diversity email address

Natural Resources Defense Council

Earthjustice

Endangered Habitats League

San Diego Union Tribune

Fox 6 San Diego News Story Ideas

KUSI 9 San Diego News Story Ideas

Channel 10 KGTV News

KFMB News 8

NBC 7/39 San Diego

KSWB 5 San Diego

San Diego Reader Magazine






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