CRC Comments on Proposed South Fork Development

The primary goal of the Chiricahua Regional Council is to protect valuable intact habitats in the Chiricahua Ecosystem Management Area and private lands in this region. To accomplish this, we work with the Forest Service, other governmental agencies, and private entities on issues that impact our unique assemblage of habitats, which together comprise North America’s greatest terrestrial biodiversity.

The Chiricahua Regional Council (CRC) is the only citizen-based organization in the Cave Creek Canyon area with the primary goal of conservation. We represent diverse interests ranging from ranchers, scientists, writers, artists and conservationists to year-round and Summer Recreation Residence homeowners and Outfitter-Guide ecotourism permittees.

CRC formed in the early 1990s in response to a proposed open-pit gold mine that would have overwhelmed the Portal community and the lower reaches of Cave Creek Canyon. We gained the support of Newmont Corporation for a complete halt of their plans to mine in this location and for a complete withdrawal from mineral entry of the federal lands involved.

CRC was then successful in achieving permanent federal withdrawal of 13,000 acres around Portal from mineral entry via the Cave Creek Protection Act of 1993, with unanimous support from the Arizona Congressional delegation.

In the early 1990s, CRC substantially aided successful efforts to keep Cave Creek Canyon and the Coronado National Forest free from major developments that were intrinsic to an ill-conceived National Recreation Area proposed for the Coronado NF.

CRC worked closely with the Coronado National Forest to support a designation of the 25,764-acre Birds of Prey Zoological-Botanical Area (ZBA), overlying the existing 786-acre South Fork ZBA and now the largest ZBA on the Coronado National Forest.

We appreciate the opportunity to comment on the recent draft EA regarding development within the South Fork ZBA.

We believe that the need for these developments has not been adequately justified and especially that siting them in South Fork is neither favorable nor necessary. In fact, it poses serious inconsistencies with the very special natural values of this location.

The importance of South Fork has been recognized by the Forest Service through its designation as a Zoological-Botanical Area (ZBA) and more recently by its inclusion as part of a special Birds of Prey ZBA. These designations are appropriate and are fully supported by the public. To preserve these special values, we must reject any proposal that would fragment South Fork’s limited canyon bottom and degrade the natural values that the ZBA was created to protect.

South Fork is fragile and cannot stand overuse without significant degradation. The CRC fully supports rational and flexible use of the area by the public so long as the uses cause no degradation of the area. Again, the CRC’s mission is to preserve intact habitats. The overall goal of the Forest Service for South Fork must be first to favor long-term polices that preserve its natural values and prevent degradation, and secondarily to manage visitation to that end.

All indications are that quiet enjoyment of and protection of existing natural features of this canyon, especially those of South Fork, remain the overwhelming preference of the user public. These values remain the overwhelming consensus of CRC’s membership as well. In proposing a National Recreation Area for the Chiricahuas, Pinaleños, Huachucas and Catalinas in the 1990s, the Forest Service held public meetings around southeastern Arizona to sample public opinion. At these meetings we saw clearly that the public fiercely rejected the sort of developments promised by a National Recreation Area––and the proposal quickly died due to lack of public support. Opposition came from all segments of local society. Similarly, in past public opinion surveys conducted with users of Cave Creek Canyon by researchers from the University of Arizona, the overwhelming sentiment documented has been uniform and profound opposition to new developments in the canyon.

The draft EA is seriously deficient in not adequately considering viable alternatives to its favored Alternative B. The reader is asked to make a choice between this single development alternative and a No Action alternative that fails to consider some beneficial adjustments that could be made to South Fork management. This woefully incomplete approach is not a proper way to design optimal management of the area.

The CRC has no option but to endorse the no action Alternative A because no other viable option is presented. We feel that optimal management of South Fork and the rest of Cave Creek Canyon should consider a variety of other options.

The Coronado National Forest cannot move forward with this project unless the current Coronado National Forest Land and Resource Management Plan (LRMP) is amended to allow for, and to specify, acceptable levels of impact.

The draft EA proposes new construction actions within South Fork. These are presented as “replacements” for amenities that were destroyed in 2014 by flooding associated with Hurricane Odile. However, these are not replacements, but new construction. Replacement means rebuilding on a previously developed site.

The conditions on the ground as the plan was developed and finalized are the same as they are today. The Forest Plan does not mention replacing any of the infrastructure washed out by Hurricane Odile, even though the Forest Service was well aware of the on-the-ground conditions for a period of four years prior to the release of the Final EIS. There is no Suitability Analysis for South Fork to be found within the current Forest Plan. 

In looking at Table 14. Suitability of selected activities by management areas (pg. 168 LRMP), one finds that not only is there is no Suitability Analysis for South Fork, but none for ZBAs in general. This table should present factors determining the suitability of impacts by potential management decisions.

We do find specific Suitability Analyses for the Wet Canyon Talussnail Zoological Area (Pinaleño Mountains), as well as the Wild Chile Botanical Area (Tumacacori Highlands): those analyses determine what activities are suitable and unsuitable in these protected areas. 

In personal correspondence with the Coronado National Forest Planner Emily Reynolds, it was confirmed that the guidance for ZBAs on the Coronado NF is found in the current forest plan: “Zoological and botanical areas are managed by the standards, guidelines, objectives, and desired conditions of the 2018 Coronado National Forest Land and Resource Management Plan.”

The only guidance found in the current forest plan regarding ZBAs generally, and the South Fork specifically, would preclude development of any type within the South Fork ZBA. 

In fact, the plan clearly states under Desired Conditions (pg. 129 LRMP) “all special areas are characterized by generally unmodified environments in which unique natural features are preserved. Each special area provides an example of one or more unique features within the Coronado National Forest. Scenic conditions are natural, unaltered, and wholly intact. Landscape character and sense of place are evident at the highest possible level” (emphasis added).

Desired Conditions for Botanical areas “protect the plants and plant communities for which they are designated. Plants and plant communities within these areas are resilient and are not negatively impacted by human activities. Nonmotorized recreation is allowed on a limited basis on designated trails to protect soil conditions and hydrologic flow. New trails are discouraged.”

Desired Conditions for Zoological areas “protect the unique wildlife and associated habitat for which they are designated. These areas contain unique or significant animals, animal groups, or animal communities, habitat, location, life history, ecology, environment, rarity, or other features.”

“Research natural areas and botanical and zoological areas are designated to ensure protection of specific biological and zoological communities.” (Pg122 LRMP)

Under Desired Conditions for the Chiricahua Ecosystem Management Area, the Forest Plan states “Cave Creek Canyon supports a full cohort of native nesting birds, particularly cavity-nesting birds, and provides opportunities for world-class birding. Unique wildlife and vegetation species are perpetuated in the South Fork of Cave Creek Zoological-Botanical Area and the Pole Bridge Research Natural Area. The unique resources that provide habitat for the highest number of birds of prey in the U.S. are maintained or enhanced in the Cave Creek Canyon Birds of Prey Zoological-Botanical Area. Recreation activities and other uses do not degrade these values. Cave Creek and the South Fork of Cave Creek retain the characteristics required to be designated an ‘outstanding Arizona water’ by the Arizona Department of Environmental Quality.” (Pg. 130 LRMP)

Additional guidance is found on page 263 of the Final EIS for Revision of the CNF LRMP Volume 3: Appendix, Sections H through L under Desired Conditions for Research Natural Areas, Botanical, Zoological, and Other Special Areas.

 

• “All special areas are characterized by generally unmodified environments in which unique natural features are preserved.”

• “Zoological areas protect the unique wildlife and associated habitat for which they are designated.”

• “These areas contain unique or significant animals, animal groups, or animal communities, habitat, location, life history, ecology, environment, rarity, or other features.”

Additionally, the main road corridor in Cave Creek Canyon is located in a Developed Recreation Land Use Zone (pg. 129 LRMP) and as mapped in the current forest plan, the South Fork ZBA is clearly outside of this Developed Recreation Land Use Zone. If additional infrastructure is to occur within the Cave Creek area, this (DRLUZ) is where such development should be sited. 

Fragmentary management of just South Fork without consideration of the canyon as a whole is not a beneficial or effective approach to manage any part of the canyon, as many good alternatives to the EA lie in other parts of the canyon. We call for a pause in development plans for South Fork pending development of a consensus plan for managing Cave Creek Canyon as a whole. This effort should involve participation from all segments of the user spectrum for the canyon.

Because the South Fork EA proposal is clearly highly controversial and because the Forest Service has not yet properly consulted with a wide variety of concerned groups, including the CRC, based right in Portal, and because of the only very limited comment period offered for the draft EA, we are requesting that the comment period on this document be significantly extended. Many concerned citizens in other parts of the US and the world beyond are just now becoming aware of the project.

In addition to a plan amendment, we believe the Forest Service should develop a full Environmental Impact Statement as a replacement to the EA, due to expected negative impacts to the Portal/Cave Creek community, on federally listed species, on Forest Service sensitive species, to the South Fork ZBA, to the eligible Scenic (Wild & Scenic Rivers) segment of South Fork, to the State of Arizona Outstanding Waters, and to the designated Important Bird Area found here. This EIS should not be restricted to South Fork, but should analyze the entirety of Cave Creek Canyon.

The proposed developments overlie a Mexican Spotted Owl post-fledging area, part of a critical Protected Activity Center (PAC) delineated for this pair. From personal observations we know that the pair using this PAC brings its fledglings to the riparian area immediately adjacent to the proposed developments each July (see attached photo), and it is reasonable to anticipate that the proposed developments will substantially increase human pressures of various sorts on the owls. Even the proposed seasonal road closure could also increase such pressures, as it will increase foot traffic through the PAC, at least seasonally, compared with the present situation.

Fledgling Mexican Spotted Owls photographed July 15, 2006, in South Fork, immediately adjacent to the proposed Alternative B development. 

Photo by Noel Snyder.

To address specific aspects of the draft EA:

Educational Facilities. We fully support continued environmental education activities in Cave Creek Canyon––in fact several CRC Board Members have been involved with FoCCC’s education initiatives. However we oppose any unnecessary structures in South Fork. The proposal to construct new environmental education facilities in South Fork (kiosk, parking, staging area, etc.) is neither needed nor beneficial. It is harmful because it entails destruction of habitat for facilities and parking areas, will impose long-term maintenance costs with very uncertain sources of funding, and will serve to concentrate the public, enhance noise pollution, and result in associated vegetation damage in a sensitive area that is a Mexican Spotted Owl PAC. It is not necessary to do this development in South Fork, especially because environmental education functions are already well handled by the Visitor Information Center (VIC). These functions, in particular emphasizing South Fork values, could be expanded at the VIC if desired, or alternatively could be sited at a location such as the presently closed Idlewilde Campground, which could be reopened as a day-use area and already has facilities such as a vault toilet, tables, and ample parking space, so it need not entail any new habitat destruction or construction costs. There is no need for new facilities in South Fork to enhance environmental education values of the ZBA in South Fork, and building new facilities will negatively impact those very values. We fully support taking small groups of supervised school children from local schools into South Fork, as is currently being done, but do not support the construction of new structures within the canyon.

Picnic Facilities. We fully support provision of picnic facilities in Cave Creek Canyon, but not any picnic facilities in South Fork. The proposal for picnic area development in Alternative B suffers from all the same problems mentioned above for educational facilities at the same site, and is likewise unnecessary in South Fork. Much better alternatives exist, including providing some dispersed benches along trails and roads in South Fork that would allow people to rest, observe quietly, and partake of field food, without negatively impacting the Mexican Spotted Owl PAC by adversely concentrating public use in this area. Other already-developed sites such as the Sunny Flat Campground and the presently closed Idlewilde Campground could provide additional areas for picnic activities if needed. A new picnic area in South Fork is not needed and would harm natural values. The proposed development site in South Fork is sufficiently close (.3 miles) to the Sunny Flat developed site that simple modification of Sunny Flat should be considered as one alternative.

Toilet Facilities. The proposal for improved toilet facilities in South Fork is basically beneficial, but not so at the proposed location, especially because it will degrade a Mexican Spotted Owl PAC and not serve user needs at the most heavily traveled portion of South Fork––the vicinity of the berm. The berm would be a much better location, especially because it is already heavily used as a trailhead. Improving toilet facilities at the berm would also presumably entail much less habitat destruction because parking is already available in the vicinity. The Forest Service has indicated problems in siting a vault toilet in this location because of floodplain restrictions, but it has not provided persuasive arguments and data to support this claim. Hurricane Odile, as massive a storm as we are ever likely to experience, did not flood the nearby cabin area and we find it very difficult to believe that the Forest Service could not find or create a viable vault toilet site in the vicinity, by placing the toilet on a raised pad, as also will be necessary at the proposed location, to raise the toilet out of the floodplain. Moreover, we are aware that the National Park Service has in places developed aesthetically pleasing and functional portable-toilet housing structures for floodplain locations that have successfully provided secure toilet facilities on a permanent basis. These structures, which are handicap-accessible, are basically a slab with just walls that allows easy removal of the portable toilets when the site is threatened by fire or floods (see attached photos). This alternative deserves full consideration by the Forest Service.

Two views of an NPS solution for a removable toilet in a floodplain

Photos courtesy of Bob Downs

Road Closure. The proposal for seasonal road closure in South Fork has had proponents and opponents within the CRC, and here we wish only to consider some advantages and disadvantages of such action. On the plus side, such a closure would have beneficial impacts on road dust, noise, and traffic hazards to people and wildlife along the road during the closure period. But on the minus side are the penalties paid in reduced access to favored locations. Penalties in reduced traditional access were the primary reason why the Forest Service decided not to implement a road closure of South Fork quite a few years back, and this concern remains an issue today. Letters already received by the Forest Service on this issue indicate intense opposition to closure on this basis, and the proposed seasonal timing of the closure will be especially negative for many users. Access issues can be partly addressed by allowing continued access for handicapped users and cabin owners, but this approach will only partly ameliorate the access problem. We fear that closure may arouse so much opposition that the Forest Service will be obliged to immediately reopen the road. Remember also, that road dust, noise, and traffic hazards can be greatly reduced by alternative mechanisms such as water bars, very low speed limits, and strict enforcement of such limits. These mechanisms can operate on a year-round, not just seasonal, basis and may arouse much less opposition.

Trail Loop. The proposed handicapped-accessible trail loop is another feature that could be much better met by other alternatives. We agree that the absence of any handicapped-accessible trail facilities in Cave Creek Canyon should be remedied, but again we think it can be done much more preferably in other locations in the main canyon––locations which would not destroy more habitat or disturb a Spotted Owl PAC in South Fork. As proposed in Alternative B, the new trail in South Fork would of course entail new habitat destruction, both for the new trail itself and for parking. A trail sited here also raises both maintenance concerns––because the trail is largely in the floodplain, entailing significant maintenance costs––and concerns about the danger that flash floods could pose to handicapped users. As one alternative, which would provide excellent wildlife viewing, a hardened handicapped-accessible trail could simply be created alongside the already existing South Fork road (coupled with strict enforcement of a very low speed limit). The wildlife viewing potentials of various parts of South Fork are widely acknowledged to be excellent along the existing road, and a number of sections of the road are especially favorable. This approach need not entail any significant new habitat destruction. Other good alternatives that would not entail new habitat destruction would be to harden the existing trail between Sunny Flat and the Silver Peak trailhead, or to harden the existing trail between Idlewilde and Stewart Campground. All of these alternatives would provide better wildlife experiences than the proposed new trail in South Fork. The CRC can assure the Forest Service that a handicapped-accessible trail, sited properly, would be a feature that our membership would be happy to aid with some assistance in construction and/or finance. In fact, we have already initiated discussion with FoCCC about collaborating on the project. 

Need. The draft EA discusses an increase in visitor numbers and indicates an increase in visitation of 58% over the past four years. Without knowing the methodology behind these numbers, it’s difficult to give them much credence. A number of factors could distort this number. In a birding area, the presence of a single bird (recently, Eared Quetzal) can drive a dramatic increase in visitation in a single year, which may not reflect an average over time. Also, the successful opening and improvements of the Visitor Center have led to an increase in recorded visitation. One could easily make the case that because so many people are visiting the Visitor Center, infrastructure should be focused here. Certainly, handicap nature trails and educational activities are most frequently located at Visitor Centers, for a reason.

The attempt to create a Need by citing numbers based on growing populations in areas several hundred miles and many hours away––such as Pinal County––is puzzling. The small area of the Coronado NF found within Pinal County is rural in nature, while the major metro area for Pinal County is Apache Junction, a suburb of Phoenix. This inclusion gives the appearance of "pumping up the numbers" to justify this project. One has nothing to do with the other. It is important to point out that Cochise County, where this project is located, and Hidalgo County are both losing population. 

There is no tangible correlation between population increases in urban areas and an increase in visitation to far-flung rural forests. We have reviewed the Coronado National Forest Plan Five-Year Review Report, October 1986 through September 1991. This document looked at impacts and activities in the initial five-year period after the completion of the 1986 Coronado National Forest Plan. Of particular interest was the fact that visitation to the Coronado NF only increased one percent during this five-year period, driven by a large increase of visitation on the Santa Catalina Ranger District. 

This increase happened during a decade (1980s) when the population of Cochise County increased by 38.4%, almost double the next closest decade (20.6%) in the fifty years since 1970. Hidalgo County has been losing population for more than 30 years. Population growth is decreasing in both counties containing lands managed by the Douglas Ranger District. Population growth in faraway locations should not be used to justify this project. 

Most important, it is not the responsibility of the Forest Service to facilitate any and all visitation to any site, much less to one as special as this. It is the responsibility of the Forest Service to manage visitation pressures, not to promote them. 

Climate Change. The CRC was surprised to see that the Forest Service’s only comment on climate change was that we don’t know enough, so we can’t do anything. More surprising, this inadequate statement was pulled from a document written a decade ago. Our understanding of climate change is rapidly improving, and the Forest Service has an obligation to do much better in understanding, explaining, and managing for it. At the least, the Forest Service should be able to find information on the most current thinking on climate change for this region, given that there is no shortage of information available.

Funding. For many years, we have been witnessing decreased government funding for new developments, and we strongly suspect that blocks of funding presently available from some private sources will dry up, once the highly controversial nature of the developments in Alternative B becomes more widely known. Now is no time to invest in new projects that cannot be sustained.

The CRC is concerned that the primary motivation for this construction proposal is the availability of outside money, which should never be the primary justification for degradation of valued public assets. The CRC is also deeply concerned that funding to maintain the new developments in Alternative B will not be forthcoming either from government or private sources. Page 13, bullet point 11 of the EA states:

“The [current Coronado] developed recreation program continues to be unsustainable. Construction costs for the proposed improvements are estimated at over $100,000, and operation and maintenance (O & M) costs would be approximately $10,000 – 15,000 per year. However, two things would reduce this negative effect at South Fork: (1) the Friends of Cave Creek Canyon have agreed to provide funds for construction costs and operations for at least 10 years….”

The Forest Service adds as the second point that user fees would be available, but then concludes that if the estimated ten years’ worth of $10,000 annual maintenance costs are not forthcoming, the site will have to be demolished.

The CRC board would like to recommend a much more thorough consideration of alternatives to the currently proposed actions, which seem certain to be seriously harmful in their impacts. To this end we would like to meet with the District Ranger and Forest Supervisor before this proposal advances. The Forest Service needs to work more closely with organizations and community members beyond the FoCCC, which has a clear financial stake in the developments and lacks a community mandate for its proposals.

Sincerely,

Wynne Brown, President, CRC

Board members:

Josiah Austin

Alan Craig 

David Hodges

Michele Lanan

Narca Moore-Craig

Eskild Petersen

Dirk Sigler

Helen Snyder

Noel Snyder

Please continue reading the Action Alert, posted below, for more information.

Action Alert for South Fork!

 Your comments are needed on the Draft Environmental Assessment (EA) for a new development within the riparian area of South Fork, Cave Creek Canyon. Comments on the Draft EA are due very soon, by SEPTEMBER 28, 2020. (The 26th falls on a Saturday.)

Chiricahua Regional Council’s primary goal is to protect valuable intact habitats in the Chiricahua Ecosystem Management Area and adjacent Peloncillo Mountains. CRC is taking the lead in opposing most of this plan's features except for a vault toilet. All other development can better be created elsewhere in Cave Creek Canyon, without causing habitat fragmentation in South Fork.

Why South Fork needs protection:

• Uniquely picturesque and world-renowned for its biodiversity
• Designated a Zoological-Botanical Area by the US Forest Service
• Included within a second, special Birds of Prey Zoological-Botanical Area
• Major component of the global-priority Chiricahua Important Bird Area, designated by National Audubon Society
• Stronghold for rare and local species, including Elegant Trogon, recent Eared Quetzal, Montezuma Quail, Whiskered Screech-Owl, Mexican Spotted Owl, Peregrine Falcon, Zone-tailed Hawk, Sulphur-bellied Flycatcher, Ringtail, Mountain Lion, Black Bear, many lizards and snakes
• Designated area of high connectivity for Jaguar [critical habitat now being litigated]
• Species-rich riparian habitat includes Apache Pine, Chihuahua Pine, Arizona Sycamore, Arizona Cypress, Bigtooth Maple, and diverse southwestern oaks
• Both Cave Creek and South Fork are protected as Outstanding Arizona Waters

Site of proposed development in South Fork.

Site of proposed development, from another angle.

When these photos were taken, an Eared Quetzal was calling

adjacent to the site.

What is proposed:

1. A new 9-car parking lot, a toilet, a day-use area with picnic tables, a staging area for classes and other groups, and a handicapped-access trail, all within the canyon bottom, with its fragile riparian habitat

2. Facility development proposed for South Fork is new, not a “replacement” as it is called in the EA, because it is planned for a site without previous development

Why oppose the new proposal?

• Serious inadequacies in the draft EA, which offers only 2 options, both flawed: Plan A––no action; and Plan B––develop the full proposal
• With only two options, the CRC must vote for No Action, even though that plan calls for no toilet, resulting in pollution
• New development moves general recreation into an area identified by USFS as having exceptional natural values
• New development located in the heart of a critical Protected Activity Center (PAC) for a pair of Mexican Spotted Owls
• Proposal needs a full Environmental Impact Statement because of expected negative impacts on the Federally-endangered Mexican Spotted Owl
• Fragmentation of habitat within South Fork’s limited canyon bottom
• Degradation of the natural values that the ZBA was created to protect
• "Multiple use" doesn't mean every use, everywhere
• New picnic area invites boom boxes, car stereos and noise into a ZBA where recording equipment is prohibited
• Rucker Canyon to the south has much greater need for facility improvement than the already-developed Cave Creek Canyon

Very large oak, nearly as tall as the pines, flagged. Appears to be the living tree slated for removal.

How we would modify the proposal:

• Extend the comment period, which is too short
• Pause development plans for South Fork and instead develop a consensus plan that guides management of the entire Cave Creek Canyon system
• We fully support placing a toilet in South Fork, but not at the proposed site 
• The National Parks Service has developed functional, handicapped-accessible porta-potty housing for floodplain locations, where the toilet can be easily removed if fire or flood threatens; the Forest Service could adapt that design for a removable toilet in South Fork
• Even at the proposed toilet site, a raised pad will be needed to elevate the toilet above the floodplain
• With either the new design or a higher pad, a toilet could be returned to the heavily used parking area at the berm
• Placement at the proposed site degrades habitat within the Spotted Owl PAC




Education

• We fully support bringing small groups of well-supervised school children from the local schools into South Fork, as is currently being done, but we do NOT support the construction of new structures within the canyon for education 
• Environmental education is already well handled by the Visitor Information Center and could be augmented by development in an already-used area within the main canyon




Day Use

• Converting the currently closed Idlewilde Campground to Day Use would incur no new habitat destruction: it already has a vault toilet, tables and ample parking space




Benches

• Place dispersed benches along trails and the road in South Fork, for rest, quiet observation, and enjoying snacks or lunch




Road closure

• Road closure during the high season offers both advantages and disadvantages. Closure would reduce problems with road dust, noise, and traffic hazards to people along the road. We would favor either no closure or a “soft” closure from mid-March through May 30: close the gate but leave it unlocked; install a sign saying that access is open to cabin owners, seniors above a certain age, and handicapped or infirm visitors. At least some of these hazards could also be dealt with by measures such as water bars and stricter enforcement of very low speed limits on the South Fork road.




Trail for Handicapped Access

• Is needed, but can be accomplished elsewhere with less impact and habitat destruction
• Proposed new trail in South Fork lies mostly in the floodplain, leading to significant future maintenance costs and, importantly, danger to trail-walkers in the event of a flash flood
• CRC is willing to aid in constructing and financing a handicapped-access trail in a place that is more appropriate and less destructive




Funding

Money to maintain the new development is not assured beyond the next 10 years.

The EA states that the Forest Service will not provide money to maintain the new development, and that the new development will be demolished if outside sources of money for maintenance (about $10,000 per year) can’t be sustained.

Comments on the draft plan are DUE ON SEPTEMBER 28!!

If you want to be able to comment on the final Environmental Assessment, you must get comments in this week. It’s called ‘having standing’ under the NEPA process, and you’ll need standing to be able to speak out about the final project.

         The Draft Environmental Assessment is here:           

      https://www.fs.usda.gov/nfs/11558/www/nepa/112219_FSPLT3_5342671.pdf 

The scoping letter describing the project is here:

https://www.fs.usda.gov/nfs/11558/www/nepa/112219_FSPLT3_4877408.pdf 




Send in your own comments here: 

https://cara.ecosystem-management.org/Public/CommentInput?Project=56779




You can read others comments in The Reading Room (see sidebar):

https://cara.ecosystem-management.org/Public//ReadingRoom?Project=56779

South Fork in January

The Mine Fight

Montezuma Quail (Photo by Chet McGaugh)

The Chiricahua Regional Council had its roots in citizens' efforts to prevent a large, open-pit gold mine from coming to Portal, Arizona. The effort was ultimately successful when the high biodiversity and other values of Cave Creek Canyon were recognized by Congress, which passed legislation to withdraw this area from exploitation under the 1872 Mining Law.

Here is the story of that mine fight, as it was published in 1994, in the proceedings of a symposium on Biodiversity and Management of the Madrean Archipelago.

Biodiversity Versus Mining –– A Collision of Priorities in Cave Creek Canyon

Noel F.R. Snyder, Karen A. Hayes, and David A. Mullon, Jr.

___________________________________________________

Abstract.–Under present federal laws, mining is considered a priority use of federal lands, unless areas are specifically withdrawn from mineral entry by administrative action of federal agencies or by formal Congressional withdrawal. This preemptive dominance of mining over traditional multiple uses, such as wildlife, recreation, timbering, and grazing, has led in recent years to widespread calls for reform of federal laws to allow federal agencies more discretion in managing the lands under their control.

   In late 1990, a proposal to conduct exploratory mining activities on Forest Service lands at the mouth of Cave Creek Canyon in the Chiricahuas raised a storm of protest from local citizens, biologists, and wildlife enthusiasts from across the country. This proposal, covering a square mile of lands that might have become subject to open-pit pulverization and cyanide leaching for gold extraction, raised issues of conflict with other long-standing uses and values of the lands involved. In particular, Cave Creek Canyon is world renowned for its exceptional biodiversity and for the Southwestern Research Station of the American Museum, which has served as a focus for numerous terrestrial biological studies. Large-scale mining activities in the canyon could be expected to have diverse negative impacts on such values, as well as on many other values.

   Fortunately, massive citizen persuasion was successful in convincing Newmont Mining Corporation to voluntarily abandon its mining proposal for the canyon, and Congressman Jim Kolbe was then successful in gaining passage of the Cave Creek Protection Act in 1993, which withdrew all federal lands in the Cave Creek drainage from mining. However, the larger issue of exactly how the lands within the Cave Creek drainage will be managed by the Forest Service in the future still remains unresolved.

___________________________________________________

Elegant Trogons (Photo by Narca)

Introduction

   Cave Creek Canyon of the Chiricahua Mountains has long been renowned as the site of an impressive amount of research in terrestrial biology. Much of this research has been conducted out of the Southwestern Research Station of the American Museum of Natural History, which is situated in the upper basin of the canyon and has been in operation since 1955. A substantial number of our nation's most prominent organismal biologists have conducted studies in the canyon, and well over 1,000 scientific papers have been published on various aspects of the natural history and ecology of the area.

   Some of the studies conducted in the canyon, such as a 25-year-long investigation of Mexican Jays (Aphelocoma ultramarina) by Jerram and Esther Brown, have been long-term research programs that have yielded especially significant dividends in scientific advancement. Cave Creek Canyon has in fact become one of the most intensively studied terrestrial locations anywhere in the world, and has been the scene of a number of important breakthroughs in man's understanding of nature. It would be difficult to name another location in the United States that has had more importance as a field research and training center for the terrestrial biological sciences. This record argues strongly for a continued emphasis on scientific endeavors in the canyon. The maintenance of this valuable scientific role depends critically on preservation of the ecological integrity of the canyon.

   In addition to having important values for science, Cave Creek Canyon has been a favored destination for avocational nature enthusiasts, such as bird watchers, reptile aficionados, and insect collectors. Further, the hiking trails and scenic formations of the canyon have attracted a loyal clientele of visitors who value dispersed low-impact recreational activities and an opportunity for solitude in an undeveloped setting. One of the most notable features of the canyon is Crystal Cave, located a mile upstream from the research station. This giant labyrinth of exquisite limestone formations was once proposed as a national monument in itself, and has been explored by a stream of caving enthusiasts, not to mention bats, for many decades.

   Many of the scientific and avocational values of Cave Creek Canyon depend directly on the outstanding roster of living creatures that can be found here. We have already heard an impressive amount of documentation at this conference of the extremely high biodiversity to be found in the Sky Islands of SE Arizona (see also Barton and Sloane 1992). Cave Creek Canyon is blessed with an especially impressive representation of this biodiversity, owing in large measure to its extensive and well-watered riparian zone.

   Most of the upper elevations of Cave Creek Canyon (above 1,500 m) lie within the jurisdiction of the U.S. Forest Service, as part of the Coronado National Forest. The Forest Service has traditionally administered these lands in accordance with its legislative mandate for multiple-use, allowing a wide variety of activities, ranging from hunting and fishing to hiking, camping, caving, and cattle grazing. These activities have proved relatively compatible with one another, and most users of the canyon, including ranchers, recreationists, and scientists, have been content with the mix of uses (Shaw et al. 1979), although there is little doubt that some practices in the Chiricahuas have led to slow vegetational and faunal changes over the years (see Swetnam et al. 1992).

   However, in mid-1990 an issue arose which led to a major confrontation between established and potential users of the canyon –– the prospect of major mining development near the entrance of the canyon. In the ensuing debates, users of Cave Creek Canyon, both on a national and international scale, became aware that the canyon they believed to be safe from major changes under existing Forest Service management was actually highly vulnerable to modification.

White-nosed Coati (Photo by Narca)

Gold Exploration Plans of Newmont Mining Corporation

   In June of 1990 Newmont Mining Corporation filed claims on approximately a square mile of U.S. Forest Service lands not far to the southeast of Portal and requested a permit from the Forest Service to initiate exploratory drilling for gold. These actions were in full accord with provisions of the 1872 Mining Law, which allows mining activities on federal lands that have not been specifically "withdrawn" from mineral entry.

   Earlier, Newmont prospectors had taken samples of surface rocks on the site and had found enough gold to justify these steps. As the largest gold-mining concern operating in the states, Newmont usually conducts mining operations with modern large-scale open-pit technology, including cyanide leaching of piles of pulverized rock material. The cyanide leaching process is highly efficient and allows profitable mining of rock containing only minute amounts of gold, but it leaves an aftermath of spectacularly large open craters and mountains of leached residue.

   Residents of the area and personnel at the Southwestern Research Station became aware of Newmont's intentions in September of 1990, when the Forest Service convened a public meeting at the Portal Ranger Station to describe agency procedures in processing the permit request and to describe Newmont's drilling plans. Those who attended the meeting were surprised to learn that mining is not one of the "multiple uses" that the Forest Service can either grant or refuse, but under terms of federal law is instead a priority use that preempts all other uses. The stated position of the Forest Service was that there was no way it could deny the permit for exploratory drilling, and if the drilling proved the existence of a substantial ore body, there would be no way to prevent full-scale mining development. Attendees at the meeting also learned that the Forest Service did not plan any comprehensive review of the effects of the whole concept of large-scale mineral development in the Portal area through preparation of an environmental impact statement on the permit request. At best, the Forest Service could and would insist on some environmental controls on how the drilling would proceed.

   The reaction of residents and expatriate users of the canyon was overwhelmingly one of disbelief that the Forest Service could do nothing to prevent potential large-scale mining development of the mouth of the canyon, and dismay that such mining development might have a great variety of negative effects on the region and its inhabitants, ranging from dust pollution and the potential for cyanide contamination of ground water supplies to direct and indirect effects on the superlative biodiversity of the canyon and major unwanted social effects on the local community.

Fulvia Checkerspot (Photo by Narca)

Development of a Response to the Mining Threat

   The threats to Cave Creek Canyon represented by large-scale mining were apparent to nearly all observers and led rapidly to the formation of a grassroots organization called the Portal Mining Action Coalition (PMAC) [later reorganized as the Chiricahua Regional Council]. This organization was comprised of a broad cross-section of interest groups, both within the local community and from across the nation. The immediate goals of PMAC were to gain reliable information on mining law and to establish contacts with other organizations that could supply expertise on mining / conservation issues. These efforts were followed quickly by development of an education and action program that included the preparation of an administrative appeal of the Forest Service's decision to allow exploratory drilling by Newmont.

   Ultimately, PMAC, together with other parties, especially personnel of the Southwestern Research Station, was successful in (1) persuading Newmont Mining Corporation to abandon mining plans for the area, and (2) persuading Congress to withdraw all federal lands in the Cave Creek drainage system from mineral entry. However, the process was frustrating and complex, and is worth reviewing for the insights that can be gained into the behavior of government agencies. Despite the original stated position of the Forest Service and the imperatives of the 1872 Mining Law, there was indeed a great deal that could be done to prevent mining development of the canyon. Success in these efforts, however, demanded a tremendous investment of time, money, and effort from a concerned public.

Cliff Chipmunks (Photo by Helen Snyder)

Discussions with Newmont

   Surprisingly, the least problematic aspect of the process was persuading Newmont Mining Corporation that its own interests would best be served by recognizing the unique values of Cave Creek Canyon and voluntarily refraining from developing its claims. This was accomplished early in the dispute both by meeting with representatives of the corporation and by encouraging private citizens, especially scientists familiar with the canyon, to write to Newmont, the Forest Service, and elected governmental representatives to express their concerns. The deluge of letters that resulted indicated that a great many people across the country and internationally cared very deeply about protecting Cave Creek Canyon.

   In addition, a highly successful effort was made to publicize the threats of mining development in the canyon through the Arizona and national media, culminating in articles in the New York Times (December 4, 1990) and Science magazine (December 14, 1990).

   Newmont's response to this approach was both cautious and fair. The corporation sent its own team of experts to Cave Creek Canyon to make an independent assessment of the values involved. Then on December 21, 1990 Newmont announced that based on this assessment and the many letters of concern it had received, it agreed that the area was indeed worthy of protection from mining development. Newmont indicated that it would support legal withdrawal of the lands from mineral entry, would retain its claims until that was accomplished to prevent other parties from staking the area, and would then voluntarily forfeit its claims without demanding compensation from the federal government.

Gila Monster (Photo by Narca)

Pursuit of Withdrawal

   The pullback of Newmont relieved the Forest Service of any need to respond to PMAC's appeal of its permit to Newmont, and the door was wide open for legal withdrawal of federal lands within Cave Creek Canyon, either by an administrative withdrawal through the Forest Service or by act of Congress. The PMAC and its allies favored simultaneous pursuit of both alternatives in hopes that at least one might succeed. However, Congressional withdrawal was clearly preferable because it offered permanent protection, whereas administrative withdrawal would always be vulnerable to administrative reopening.

   Initially, the Forest Service was receptive to having PMAC prepare an administrative withdrawal request, and the coalition invested considerable time and resources in preparing a detailed proposal. However, by the time this task was completed in the spring of 1991, the Forest Service had jumped to an entirely new track: now it was suggesting withdrawal of a considerably larger region, but still including Cave Creek Canyon, as part of a National Recreation Area (NRA) proposal for the Chiricahua, Graham, and Catalina Mountains. The NRA proposal followed President Bush's announcement of his "Great Outdoors Initiative," with some $600 million earmarked for recreation expenditures within the Forest Service.

   Recognizing that a National Recreation Area designation might represent a misreading of the primary values of many of the lands involved, and recognizing that such a proposal would be met by broad public resistance, PMAC urged the Forest Service to consider its Cave Creek Canyon withdrawal proposal separately and was assured that it would be. Nevertheless, shortly thereafter the Forest Service tabled PMAC's withdrawal proposal and indicated that it would oppose any withdrawal proposal for Cave Creek Canyon separate from its NRA proposal.

   By late summer of 1991, the Forest Service had proceeded ahead with "segregation" (temporary withdrawal) of the lands involved, but this protection would automatically lapse in two years if the National Recreation Area proposal was not passed by Congress. Despite the fact that the proposed NRA would have provided an apparent solution to the mining threat to Cave Creek Canyon, the PMAC, along with other regional organizations, declined to endorse it. By the spring of 1992, the NRA proposal was abandoned for lack of public and Congressional support. Along with it died any realistic hope for permanent withdrawal of Cave Creek Canyon through Forest Service initiatives.

   Meanwhile, efforts to pursue the Congressional withdrawal route proved much more encouraging. Congressman Jim Kolbe introduced a bill for Congressional withdrawal of the entire Cave Creek drainage in the spring of 1991. This bill soon attracted support from the rest of the Arizona delegation and from the Arizona State Legislature, but not from the Forest Service. The opposition of the Forest Service to Congressional withdrawal lay in a stance that withdrawals should be a prerogative of the Forest Service rather than Congress. This posture was baffling to many members of the coalition and was likewise mystifying to Congress, since many withdrawals go through the Congressional route and since the Forest Service had just recognized the intrinsic values of withdrawing these very lands by its own administrative segregation action, which would have led ultimately to Congressional withdrawal anyway if the NRA proposal had proved viable.

   Despite the opposition of the Forest Service, Congressman Kolbe's bill passed the House without difficulty and was sent on to the Senate in the fall of 1991. Here the bill ran into some complications in that the Senate committee insisted on some minor changes in wording that meant the bill would have to go back to the House for reapproval following action in the Senate. By the time of the Senate hearings on the bill in the spring of 1992, the Forest Service finally dropped its opposition to the bill, although it still refused to support the bill.

   Unfortunately, the Cave Creek Protection Act got trapped in a logjam of other legislation that was part of the torturous politics and procedures of the Senate, and it passed only on the last day of the Senate's session in 1992. Sadly, the House had adjourned a day earlier, so there was no way for the different House and Senate versions to be harmonized, and thus the bill died in 1992.

   True to his commitment to protect the canyon, Congressman Kolbe reintroduced his bill in the next session of Congress. This time the bill sped quickly through both houses of Congress, at last with support from the Forest Service, and was signed into law by President Clinton on August 2, 1993.

Red-faced Warbler (Photo by Narca)

Discussion

   The successful efforts to protect Cave Creek Canyon from mining development took nearly three years and an investment of about $20,000 of privately raised monies, not to count the many thousands of hours of donated time and effort from concerned citizens across the country. This was a relatively clear issue, and its proper resolution had strong bipartisan political support and almost unanimous public support, including that of Newmont Mining Corporation, and ultimately the Forest Service.

   Nevertheless, many participants felt that this battle should never have been necessary in the first place. In particular, many people expressed bewilderment and anger that this country still tolerates antiquated mineral laws dating from 1872 that automatically elevate mineral exploitation of federal lands above all other uses, regardless of the values being sacrificed. Unfortunately, repeated attempts to reform this law have so far failed in Congress, perhaps as much due to a lack of general public involvement in the issues as to a major and skillful effort of the mining industry to defend its position of privilege.

   Even given the limitations of the 1872 Mining Law, some observers questioned whether the Forest Service could not have done more to safeguard the canyon than it did. In fact, some argued that the original application of Newmont to conduct exploratory drilling could have been refused by the Forest Service because Newmont at that time had not technically made a "discovery," which is to say that it had not yet proved the existence of an economically minable deposit. Up until the point of discovery, a mining concern in fact has no legally vested interests in federal lands, and federal agencies can freely initiate withdrawal of lands under their control.

   However, the Forest Service has traditionally been loathe to take any actions that might give the appearance of ad hoc negative responses to mining proposals. As a result, miners often acquire the equivalent of vested interests just by staking federal lands –– long before they can prove a defensible discovery. The Forest Service did not deviate from its normal policy of not challenging mining proposals in the instance of Cave Creek Canyon.

   More distressingly, many observers to this day are at a loss to understand the quixotic failure of the Forest Service to support Congressman Kolbe's bill for Congressional withdrawal of the canyon until its passage became inevitable. Clearly on the one hand, the Forest Service had recognized that the lands involved had special values by segregating them for its own NRA proposal. But its refusal to support withdrawal of these lands on any other basis until nearly the end of the controversy –– two years after Kolbe's bill was first introduced –– suggested a lack of consistency and a reluctance to recognize an overwhelming public concern.

   Despite passage of the Cave Creek Canyon Protection Act, the future management of the canyon remains in question. It seems likely that the historic mix of multiple uses that has characterized the canyon over the decades can remain viable only if use levels remain relatively low. At higher intensities, uses could be expected to have a strong tendency to come into conflict with one another and to degrade basic natural resources, necessitating a clear determination of priorities.

   Despite the acknowledged fragility of the lands in question, especially the riparian ecosystems, the Forest Service has demonstrated a strong interest in promoting recreation development on these lands in recent years, while various citizen groups have argued that substantial recreational development can be expected to have major negative effects on other traditional uses and values. The reaction in public meetings to the proposed National Recreation Area was extraordinarily negative, not because the public expressed any general desires to curtail recreation on the lands in question, but because of a general recognition that other values of the lands might be more important and a widespread appreciation that the NRA proposal was driven primarily by short-term internal budgetary concerns of the Forest Service.

   As yet the Forest Service has not made any clear priority recognition of what many users feel are perhaps the most important values of Cave Creek Canyon –– its biodiversity values and research values to the biological sciences. These values have not been a threat to other uses of the canyon in the past, but they will surely suffer if intensive recreational uses of the canyon are not kept to a minimum and managed with care.

   Many observers, including ourselves, believe that it would be entirely appropriate for the Forest Service and Congress to recognize the unique biological, scientific, and aesthetic values of Cave Creek Canyon and other important Sky Island regions by a special designation that would ensure the primacy of these values, but which at the same time would recognize other secondary values and uses under careful management. In this time of "Reinventing the Forest Service," a time of general public dissatisfaction with management of public lands, the development of plans for future management of Cave Creek Canyon and other sensitive areas on the Coronado National Forest offers a crucial opportunity for the Forest Service to redefine its commitment to "Caring for the Land and Serving People."

Painted Grasshopper (Photo by Narca)

Literature Cited

BARTON, A.M. and S.A. SLOAN (eds.). 1992. Chiricahua Mountains Research Symposium Proceedings. Southwest Parks and Monuments Association, Tucson.

SHAW, W.W., T. COOPER, and M.T. RICHARDS. 1979. Recreational and scientific activity in Cave Creek Canyon, Chiricahua Mountains, Arizona 1978-1979. Final report prepared for the Coronado National Forest, U.S. Department of Agriculture, Forest Service, Tucson, Arizona.

SWETNAM, T.W., C.H. BAISON, A.C. CAPRIO, and P.M. BROWN. 1992. Fire and flood history in Rhyolite Canyon, Chiricahua National Monument. Pp. 46-49 in Chiricahua Mountains Research Symposium Proceedings (A.M. Barton and S.A. Sloane, eds.), Southwest Parks and Monuments Association, Tucson.

Black Bear (Photo by Narca)