Closure Orders, 08-08-11-18-02 and 08-08-11-18-03

Charlie Spatz filed this request with the US Forest Service - George Washington and Jefferson National Forests of the United States of America.

It is a clone of this request.

Tracking #

2019-FS-R8-05764-F

Status
Completed

Communications

From: Charlie Spatz

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. Any and all correspondence, including emails and attachments, in possession of Joby P. Timm that matches the following search terms: "Mountain Valley Pipeline", "MVP", "intelligence", "protest".

2. Any and all supporting documents, internal briefings, memorandums, or relevant records as they relate to Closure Orders, 08-08-11-18-02 and 08-08-11-18-03.

3. Any and all security briefing materials, memos, or communication, including emails and attachments, in possession of Joby P. Timm that were provided by private security individuals/companies or any of the following entities: EQT, Dominion Energy, Virginia State Police, or Department of Homeland Security. This may be limited to matters regarding the Mountain Valley or the Atlantic Coast Pipeline.

Please constrain the search for the above requests between December 1st 2017 and the processing date of this request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Charlie Spatz

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Thank you for contacting the USDA-Forest Service, Southern Region with a Freedom of Information Act (FOIA) request which was dated July 31, 2019. Your request was received in our office on July 31, 2019 and has been assigned the tracking number #2019-FS-R8-05764-F. Your request is currently on hold pending clarification.

It appears you are asking for the following records -

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. Any and all correspondence, including emails and attachments, in possession of Joby P. Timm that matches the following search terms: "Mountain Valley Pipeline", "MVP", "intelligence", "protest".
2. Any and all supporting documents, internal briefings, memorandums, or relevant records as they relate to Closure Orders, 08-08-11-18-02 and 08-08-11-18-03.
3. Any and all security briefing materials, memos, or communication, including emails and attachments, in possession of Joby P. Timm that were provided by private security individuals/companies or any of the following entities: EQT, Dominion Energy, Virginia State Police, or Department of Homeland Security. This may be limited to matters regarding the Mountain Valley or the Atlantic Coast Pipeline.
4. Please constrain the search for the above requests between December 1st 2017 and the processing date of this request.

To process your request any further, we need a little more information from you. For a FOIA request to be considered complete for processing, what is referred to as "perfected", it must meet three criteria -

1. Be submitted in writing, including paper submissions such as fax, mail, or delivery service and electronic submissions such as email or use of Web-based templates;
2. Clearly describe the records sought and where they are most likely to be located (if known);
3. Contain a statement requesting a fee waiver or indicate the willingness of the requester to pay fees.

Records Requested
Courts have recognized that an agency's FOIA staff is neither required to have "clairvoyant capabilities" to discern the requester's needs, nor must they spend "countless numbers of personnel hours seeking needles in bureaucratic haystacks". As written, a portion of your request refers to a broad range of records and we are unable to determine what specific existing records you seek. As such, we are not certain we would construe the scope of your request as you expect. To process your request further we ask you provide the following information:

* You asked for "Any and all supporting documents, internal briefings, memorandums, or relevant records as they relate to Closure Orders, 08-08-11-18-02 and 08-08-11-18-03." What specific supporting records are you asking for, please define "how they relate" and if possible, which FS employee do you think might have the records. Courts have also found that requests that are so broad and sweeping that they lack specificity are not reasonably described. Courts have explained that "the rationale for this rule is that FOIA was not intended to reduce government agencies to full-time investigators on behalf of requesters, or to allow requesters to conduct "fishing expeditions" through agency files. Please be more specific as to what records you are seeking.

Fee Waiver
In your request you indicated your wish to be informed of any fees associated with your request. At this time it is impossible to provide an estimate of fees until you provide us with the additional information requested.

As previously mentioned, before we can continue to process your request any further please provide us with a more specific definition of the records you are seeking. If we do not hear from you by August 7, 2019 we will consider your request withdrawn and administratively close the file. This does not prevent you from filing requests in the future.

If you have any questions or would like to discuss the matter, please call me at the number below.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: Charlie Spatz

Hi Doug,

You requested the following clarification: "Any and all supporting documents, internal briefings, memorandums, or relevant records as they relate to Closure Orders, 08-08-11-18-02 and 08-08-11-18-03." What specific supporting records are you asking for, please define "how they relate" and if possible, which FS employee do you think might have the records.

To clarify this part of the request, I'm seeking electronic records in possession of Joby P. Timm. Further, Closure Orders, 08-08-11-18-02 and 08-08-11-18-03 were prominently covered in local press (https://www.roanoke.com/news/local/forest-service-imposes-emergency-closure-along-mountain-valley-pipeline-route/article_a5762f9f-3f80-5f3b-b84e-3a0b736249d5.html) and I'm seeking any internal briefings, memorandums or similar types of records as they relate to the decision to issue the orders. A date range for the search was provided in the initial submission. To aid the search for this item, please use the same search term as are listed in part 1 of the request: "Mountain Valley Pipeline", "MVP", "intelligence", "protest".

Finally, I'm seeking status as an "other" requestor. This request is noncommercial and I intend to make responsive records available to the general public.

Sincerely,

Charlie Spatz
914-255-8298

From: US Forest Service - George Washington and Jefferson National Forests

Hi,

That helps a lot. I appreciate the quick response. I will provide you an estimate as soon as possible.

Best,
Doug

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

We are currently in the process of searching for responsive records for your request. Consistent with 7 C.F.R. ยง 1.8(d) of the USDA FOIA regulations, the Forest Service processes FOIA requests according to their order of receipt. Due to an increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Although the Forest Service's goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period in certain circumstances. As your request will require a thorough and wide-ranging search for records involving separate offices, the Forest Service will invoke a 10-day extension for your request pursuant to 5 U.S.C. ยง 552(a)(6)(B). We will make every effort to comply with your request in a timely manner.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.

Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records are currently being reviewed by that office. We are still within the time limits established by FOIA and if there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.

Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records are currently being reviewed by that office. If there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.

Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records were sent to that office on 8/15/2019 and are still being reviewed. If there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.

Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records were sent to that office on 8/15/2019 and are still being reviewed. If there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,
Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.
Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records were sent to that office on 8/15/2019 and are still being reviewed. If there is any change of status I will inform you as soon as possible.
Best,
Doug M.
[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.

Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records were sent to that office on 8/15/2019 and are still being reviewed. If there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Request #2019-FS-R8-05764-F was received in this office on July 30, 2019 and acknowledged the next day on July 31, 2019 not April 18, 2019. After a request for additional information, you clarified your request on July 31, 2019.
Your request was flagged for review by the Mr. Harald Fuller-Bennett the FOIA Officer, Administration and Resource Management, Office of the General Counsel, US Department of Agriculture. All responsive records were sent to that office on 8/15/2019 and are still being reviewed. If there is any change of status I will inform you as soon as possible.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

A final response was sent to you on June 1, 2020. If you would like a copy of that response, please contact me directly. This is the last time we will respond to any automated emails from this address. If you have any questions, please contact me directly.

Best,
Doug M.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
c: 404-293-8373
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: Charlie Spatz

Hi Doug,

I actually don't think I received your 6/1/20 response. Would you resend your final response?

Thank you.

Charlie

From: US Forest Service - George Washington and Jefferson National Forests

Mr. Spatz,

Please provide me with your email address. This email address will not accept the reply for some reason.

[Forest Service Shield]
Douglas J. Meloche
Government Information Specialist
Regional FOIA/PA Coordinator
Forest Service
Southern (R8) & Eastern (R9) Regions
p: 404-347-4427
c: 404-293-8373
douglas.meloche@usda.gov<mailto:douglas.meloche@usda.gov>
1720 Peachtree Street, NW., Suite 811N
Atlanta, GA 30309
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service Twitter]<https://twitter.com/forestservice>[USDA Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people

From: Charlie Spatz

Please try: Ccspatz@gmail.com

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