by Big Rich Klein
Photos by Tyler Laursen, Jeff Hoggstead
“As of December 30, 2022, the Rubicon Trail is closed for public safety in accordance with county procedures, and a determination was made with the Department of Transportation, the Sheriff’s Office, and the Parks Division”.
The above notice was posted on Facebook and elsewhere on the Friday afternoon of New Year’s weekend. El Dorado County – the home of the majority of the famous Rubicon Trail closed the trail for a period of 60 days or less due to safety concerns.
Now I’ll admit I’m not a lawyer, but I believe this closure was done illegally.
Years ago, County Resolution 15-2013 established three conditions that must be present in order to force the closure of the Rubicon Trail (a county road.)
Condition One: Saturated soil conditions exist within the traveled way of the seven (7) Trail segments.
As defined, soils are saturated when the soil has reached its maximum water content where if any more is added there will be surface run-off. For a section of the Trail to be assessed as having a Saturated Soil Condition, the County must observe flow with measurable depths greater than a tenth (0.1) of a foot on the section of the Trail.
Ponding
Water that is ponding at localized areas will be considered a saturated soil condition. If the ponding that is observed is not directly connected or flowing into a Type 1 watercourse, then Condition 1 will not have been met for this section of the Trail.
Snow Cover
If there is sufficient snow cover over the Trail at the locations visited by the County with minimal and sporadic open patches within the traveled way and no measurable flow is observed through the open patches then this will not be considered a saturated soil condition and Condition 1 will not have been met for this section of the Trail.
Condition Two: Water is flowing within the traveled way of the Trail at an amount capable of rinsing contaminants from vehicle components at the seven (7) Trail locations. The County has selected a measured flow depth of 8” to be the minimum depth where rinsing is likely for the standard Rubicon Trail off-road motor vehicle. This is based on the average distance between the undercarriage of the standard Rubicon
Trail off-road motor vehicle (normal tires 33”, undercarriage > 12”) and the ground surface with typical speeds of 5 mph or less during winter conditions. In addition, the County will use the following guidance for the overall length of the flow and transport for a point of interest on the Trail in determining the need for a temporary closure:
If water is flowing at a depth greater than 8” within the traveled way of the Trail for lengths greater than 10 feet (the average Trail vehicle length) and is directly connected or flowing into a Type 1 watercourse, then Condition 2 has been met for this section of the Trail.
If water is stagnant and not flowing (ponding) at a depth greater than 8”, within an area that is the size of at least 1⁄2 the width and 1⁄2 the length of a standard Rubicon Trail off road vehicle, within the traveled way of the Trail and there is a potential for the splash water to flow into a Type I Watercourse, then Condition 2 has been met. The following monitoring guidelines will assist to determine when Condition 2 is not being met:
If the flowing water is conveyed within a Trail channel/ditch and outside the traveled way of the Trail then Condition 2 has not been met.
If the flowing water discharges into a treatment BMP which is not connected or flowing into a Type I Watercourse, then Condition 2 has not been met. The County inspection staff reserves the right to determine when conditions are observed, outside the guidelines above, which may require temporary closure under Condition 2.
Condition Three: Water is flowing on the Trail at an amount capable of transporting sediment generated from mechanical tire action on the road at the seven (7) Trail locations.
The County has selected a measured flow depth of 4” to be the minimum depth where sediment from the Trail, as generated by mechanical tire action, is likely to be transported. This is based on the several years of flow observations and existing Trail conditions such as various undulations, anomalies and small ponding areas along the flowpaths, which decrease the flow energy/velocity and distribute the sediment with reduced concentration.
In addition, the County will use the following guidance for the overall length of the flow and transport for a point of interest on the Trail in determining the need for a temporary closure:
If water is flowing at a depth greater than 4” within the traveled way of the Trail for lengths greater than 10 feet (average Trail vehicle length) with no functioning treatment BMPs at the outlet and is connected or flowing into a Type I watercourse, then Condition 3 has been met for this section of the Trail.
The following monitoring guidelines will assist to determine when Condition 3 is not being met:
If the flowing water is conveyed within a Trail channel/ditch and outside the traveled way of the Trail then Condition 3 has not been met.
If the flowing water discharges into a functioning treatment BMP and is not connected or flowing into a Type I Watercourse, then Condition 3 has not been met. Initiating Temporary Road Closure
Now here’s the kicker –
If all three (3) of the above Conditions are met for one of the seven sections of the Trail, the County will implement a temporary closure of the Trail. The closure will remain in place until the County has determined that the three (3) Conditions are no longer being met.
For the duration of the closure, “Road Closed Signs” will be posted near the entrances to the Trail (one on Wentworth Springs Road near the Gerle Adit Quarry and one on Ice House Road past the SMUD power station at Loon Lake). The County will post the date, closure map, and Field Site Visit Monitoring Assessment Report that provides the condition analysis on the County website upon closure approval by the Director of Transportation pursuant to County Resolution 015-2013.
Yep, you read that right – all three conditions must be met to close the trail, and the county must provide analysis that reflects the condition upon closure!
On January 10, 2023, the El Dorado Board of Supervisors met to take action on the closure (even though it had already been in effect for ten days). The Department of Transportation recommended the Board approve and authorize the retroactive closure.
For the most part, the four-wheel drive community was against the closure and DOT claiming management rights.
The first closure notice states the Trail is being closed due to “Safety.” When pressed about the safety concerns or the safety standards, the County DOT changed directions and then stated that it was due to weather conditions and the items that fall under Resolution 15-2013.
With that change, DOT was asked what conditions had been met to qualify the Rubicon for closure; DOT could not give any measurements because none were taken. DOT claimed that it could close the Rubicon due to the forecasted atmospheric conditions (storms) but could provide no information on those conditions being met. This completely negated the standing resolution that required three separate conditions MUST be met for closure.
Why it matters –
It matters because it is an erosion of our rights according to RS2477 rules (which granted rights to the county to manage the Trail in the first place) and the off-road enthusiasts’ ability to use the Rubicon as we have for years. If we do nothing and let the order stand, what’s next?
Closing the trail for heat waves? Thunderstorms? Yogi Bear carrying off pic-i-nik baskets? If we don’t stand for something, our rights will erode to nothing.