NON-PROm ORG. U.S. POSTAGE PAID PERMIT NO. 2831 CHAS., WV 25301
Published by the West Virginia Highlands Conservancy Vol. 29, No.5- July/August 1996 Rangel' Cuts Envil'os No Sl':lck on East Gauley Timber' Decision
Lareest Timber Sale Ever Sharp Knob (4,532'), an unnamed in the Moo ForestAppealed knob ( 4,584') and Red Spruce by Bill Ragette' eta/ Knob (4,703') form the western edge of the decision area and the Cynthia Schiffer, US For backbone of Gauley Mountain. est Service Ranger for the Mar Several WVHC Reviews linton District of the Mononga have been held at the Elk River hela National Forest announced Touring Center located at the her decision to cut in over 4,000 eastern edge of this project area, acres of trees ( 16 million board which extends 6 miles to the north feet) on the east flank of Gauley and south of the Touring Center Mountain. The two Opportunity and is approximately two miles Areas included in this sale; (Props wide. Snowshoe and Silver Creek Run and Rocky Point) are drained resorts are only a few miles away. by many small streams (Chimney Although Cynthia made some Rock, Blackbole, Big , and Props concessions (reduced time frames Run, as well as Mill Creek, Crook for helicopter Jogging) in her fi ed Fork) that flow into the upper nal dectston, Gil Willis of the reaches of the Elk River. This Touring Cater feels this
of publicly owned land. on recreation area. Tea Creek and the roadlcss The Forest Service is also area of Leatherwood Creek lie working on two other Assess adjacent to the west. From north ments for this same area - ooc: on to south Rocky Point (4,364), recreation and the (8ee page 5)
OSM's Draft AMD Policy: In a Virgin Woods All Carrot- No Stick direct enforcement, and cleanup acceptable under the Jaw and has AMD will at some point cause as is often the case, the devil is in standards are being reduced to been the focus of numerous ob ofT-site damage. One must also the details. by Cindy Rank levels more palatable to industry jections, complaints, appeals, assume that the law does not in Presumably the policy is Mining Committee Chair through initiatives like "brown suits, etc. by WVHC and others tend to sacrifice on-s1te waters in meant as an attempt to present a US Office of Surface Min fields", it isn't surprising that the for nearly a decade. perpetuity. somewhat balanced 'carrot and ing's draft policy on Acid Mine U.S. Office of Surface Mining Picture ifyou would, 10 five THE POLICY stick' approach to achieving the Drainage (AMD) soft-pedals any (OSM) has followed suit. hundred acre permits side by side Under the main beading of two main goals of Environmental reference to enforcement or per The agency has formed where AMD exists but is treated HYDROLOGIC BALANCE Restoration and Environmental mit denial and appears to allow 'working groups' to revisit all the before flowing off site. The PROTECTION, this three page Protection. However, the goals the creation of long tenn AMD. hot issues of the day -- blasting, result is five thousand acres of document is a description of the and their expanding objectives BACKGROUND remining, acid mine drainage, reclaimed land where ground and POLICY GOALS AND OBJEC and strategies otTer all carrot and In this age of conciliation oversight review of primacy surface water is degraded/de TIVES for CORRECTING, PRE very little, if any, stick. The and "partnerships" between in states, etc. The working group stroyed, but discharges off-site VENTING AND CONTROL resulting ambiguities and unclear dustry and regulatory agencies, - on acid mine drainage (AMD) are meeting effiuent limite.;. Ex LING ACID/TOXIC MINE directives lend themselves to fur when "self audits" are replacing has proposed and circulated a pand the scenario to visions of DRAINAGE. ther disintegrating those parts of draft policy. every major watershed in north The introductory page de SMCRA that must be reinforced, First let me say that there ern WV - or SW PA, etc. - at the scribes the policy in general not softened, to protect the wa have been worse policies drafted mercy of a multitude of treatment terms: "The program is based on ters of the nation from further c!/nslb~ in house (i.e. within OSM) on facilities at every tributary where designing mining operations to abuse by the coal industry. Federal affairs- pg 6 AMD. Nonetheless, this latest AMD exists but is treated before prevent AMD from occurring, GOAL#I: ENVIRONMENTAL draft dated May I Sth contains leaving the smaller watersheds. - monitoring operations during RESTORATION Headwaters trail • pg 4 major deficiencies that must not - What is wrong with this pic mining and reclamation to iden The stated goal of restora Letters needed - pg 3 be overlooked. ture? Recent history bas shown tify any corrective actions that tion sounds good: "AMD dis Neotropicals - pg pg 3 The major flaw in this pol that no treatment systems are may be needed to prevent or mit charges from pre-SMCRA opera Strip mining - pg 3 icy is that it appears to allow the 100% reliable, nor are states and igate post-mining pollution dis tions sites (sites abandoned prior Thornwood - pg 8 creation of long term AMD pro companies fmancially able to charges, and addressing liability to the passage of the Federal Sur vided that long term treatment maintain treatment for as long as for AMD in permit bonding de face Mine Control and Reclama prevents the damage from going AMD persists. In brief, treat terminations." tion Act of 1977) should be reme OFF-SITE. ment is not the answer to AMD. On its own the statement diated to achieve water resource Such a position is just not One must assume that on-site sounds relatively acceptable. But, recovery. • However, (see page 7) The Highlands Voice, 1\lly/August 1996 - Page 2 Roster ofOflicen, Board Memben ud Committee Chain ,.,,.,~rom de Aear/ o/de _p.kr/eau_.,_,., BO.AitD OF DIRECI'ORS IJy JohnMcFen'in PRESIDENT: John McFarin What Do You Think? 114 Bccldey Ave., Beckley, WV 25801 252-8733 SENIOR VICE PRESIDENT: Frank Young Rt 1, Box 108, Ripley, wv 25271. (304) 372-9329 One of the things I try to do ill the Conservaocy is to make sure VICE-PRESIDENT FOR STATE AFFAIRS: Norm StecnJtra that everybody has a chance to have their say. We are a voluntary 1324 Vtrginia St. E., Cbulatco, WV 25301 W- 346-5891 H- 344-0150 organization; nobody has to join. Ifwe are to continue to have people VICE-PRESIDENT FOR. FEDERAL AFFAIRS: Vecant SECRETARY: Jacqudine A. Hallinan send in their dues year after year they need to mow that this is an 1120 Swan Rd, Cbaricstco. WV 25314 345-3718 organization where their views are listened to. 1REASORE.R: Tom Micb8d Rt 2, Box 217, Lost Crcc:t, WV 26385,623-3447 The only direct way I have of making sure that people have a PAST PRESIDENT: CiDdy Rank chance to have their say is at the Board meetings. Anybody can add HC 78, Box 227, Rock Caw, WV 26234, 924-5802 anything to the agenda. Anybody can say whatever he or she likes. It DI.RECJ'ORS-AT-LARGE may make the meetings last longer but that is the price we pay for being (Tmas u:ptn Oecobtr 1996) an open organization. w-.u.wn P. McNeel, 1118 Second Ave., Marlinton, WV 24954, 7~-4369 Andrew Maier, Rt 1, Box 27, Hinton, WV 25952, 466-3864 Mary Pat Peck, 36 Meade St, Buckhannon, WV 26201,472-3049 But what about the rest of the organization? What of the people Joe Marshall, 108 3rd Street, Elkina, WV 26241 636-9555 who are not on the Board, who don't come to the Board meetings? How Hugh Rogers, Moon Run, Kerens, WV 26276, 636-2662 do they get to have their say? DIUCTORS-AT·LARGE For those people, the Board meetings are always open for your (Tams uplre October 1997) Sayre Rodman, 32 Crystal Dr, Oakmont, PA 15139, (412) 828-8983 attendance and your comments. The pages of the Voice are always open Catroll Jctt, Rt 1, Box 22, Sherman, WV 26173,273-5247 for your letters. Don Garvin, PO Box 436, Buckhannon, WV 26201 472-8716 Carter Zerbe, 16 Arting1on Court, Cbadcttoo 25301 343-3175 For anyone who is at a loss about what to have their say about, Bob Marshall. 201 Vuginia St. West, Cbartcston, WV 25302 345-5518 here is something to chew on: should we allow timbering in the Nation ORGANIZATIONAL DIRECTORS al Forests? NATIONAL SPELEOLOGICAL SOCIETY: Vuginia Rqpoo- Judy Fllba P.O. Box 276, Berkdey ~. WV 2S41l 258-4974 The Conservancy has never taken a formal position on this issue. PITTSBURG CLIMBERS: Jean Rodman We may have opposed timbering in a particular location or in a particu 32 Crystal Dr, Oakmont,PA 15139, 828-8983 WEST VIRGINIA MOUNTA.rn STRF.AM MONITORS: Juon Huber lar way but we have never advocated a complete ban on timbering in the MSM office: 264 High St., Morpntown. WV 26505, 296-8963 - ~~--~~F~"L~~~~~------~ ---.....-=-'..&Jl ...... _ BIOQU aaDa.la... MIIilitl •s 7 5 Rt. I, Box 253, EJkio1. WV 26241, 636-tSS9 Sincere, intelligent people make arguments both for and against MOUNTAINEER CHAPTER TROUT UNIJMITED: Phil R.assaoo Rt 2, Box 375, BuckhanDoo. wv 26201 472..()942 timbering in the Forest. On the one hand, timber is a renewable re WEST VIRGINIA RIVERS COAIJTION: Pam Merritt source. Carefully managed, the F~est could serve as a vast reservoir of 49 W. Main St., Buckhmoon, WV 26201,472-0025 valuable timber for the foreseeable future and beyond. In some counties OOWNSTREAM Al.l.JANCE: JOID Sima money from timber sales helps fund schools. Congress did, after all, Rt 5, Box 310 112, Morpmown, WV 26SOS, 296-8860 mandate that the Forest be managed for "multiple use" which can COMMIITU CHAIIlS include timber sales. CANAAN V.All.EY COMMITTEE: Lindl Cooper Rt 5, Box 228A. Morgantown. WV 26SOS, 296-0S65 On the other hand, however,·people make equally sincere and MINING COMMITTEE: Cindy Rank intelligent arguments against timbering. They contend that the United HC 78, Box 227, Rock Cave, WV 26234, 924-5802 PUBUC lANDS MANA~ COMMITIEE: Sayre Rodman 7 States Forest Service pursues timber sales at the expense of other values. 32 Crystal Dr, Oakmont, PA 15139, (412) 828-8983 They contend that there is plenty of timber on private land that could BiD Ragettc'- 144 Trace Fork Rd., CuiJodc:n. WV 25510, 824-3571 meet all our needs for lumber. They contend that the National Forest PUBUCATIONS COMMIITEE: Judy Rodd could be a wild and untamed area, a type of area that does not exist on Rt 1, Box 178, Mo.tsvillc, WV 26405, 265-0018 ENDOWMENT FUND COMMITTEE: David Elkinton type private lands, a of area that could not exist if we routinely timber 609 Farms Dr., Fairmont, WV 265S4, 366-5906 the National Forests. RIVERS COMMITTEE: Donna Borden 809 2nd St. Marietta, OH 45750 te.l: (614) 373-2742 Finally, they contend that timbering in the National Forests is a HIGHWAYS COMMITTEE; Hugh Rogm. Moon Run, Kerens. WV 26276, 636-2662 big corporate welfare program. Although companies who timber on MEMBERSHIP DEVELOPMENT: Carroll 1ctt Rl 1, Box 22, Shcrmah, WV 26173, 273-5247 National Forest land do pay for that privilege, the Forest Service must .- bear the costs of administering the sale and overseeing the timbering. ADMINISTRATIVJt OFFICES When the sawdust settles the Forest Service may find itself with some Richard diPretoro:Admlalstradve AJI't Bill R.agctt.c': Von Editor logging roads of dubious value and less money than it would have had if 264 High St 144 Trace Fork Rd Morgantown, WV 26505 Culloden, WV 25510 there had been no timbering. If this is true then timbering on the Na 296-8963, Fax 296-8623 824-3571 tional Forest is no more than a public subsidy for the lumber companies. email: Richard_diPrctoro@wnpb .wvnct.cdu bill_raaettc@wnpb .wwct .cdu
Our Public Lands Committee has pondered these questions along with other land management issues. There have been discussions of 11u JT,Plmuls Voice is publiabed by tbe Weat Vuginja Highlands Conservancy, P.O. Box 306 , Charleston, WV 25321. Articlca, lettm to the editor and other information related issues in the Voice. But what do our other members think? If for publica1ion should be tent to tbe editor via fax. modem, disk or~ hard copy via you have thoughts on this question now would be an excellent time to the US mail have your say. The Highlands Voice, July/ August 1996 - Page 3 l-lelp gtop The gtriprnining Of Public Land~
The Office of Surface legacy of impoverished commu time, the loophole has allowed ioition could affect an estimated the e>etent to which the environ Mining is about to make a deci nities and devastated land inca companies to mine public land. 40 million acres of national for mental community is unified sion that will potentially affect pable of forest regrowth. By the Finally, and after much pub ests, parlc.s, preserves, and other against strip-mining of our pub 40 million acres of public lands, 1970's, there was enormous pub lic pressure, the OSM has initiat pro~ted lands. This will have lic lands. As events are yet un especially in the Eastern United lic outcry for the government to ed a rule-making process to come an enormous impact on lands like folding, we must be fluid in our States. The Buckeye Forest Coun tame the coal industry. In 1977, up with a definition. Four alter the Allegheny, Monongahela, and actions. Yet we want to make cil is seeking organizations to that action came in the form of natives have been developed: One Wayne National Forests. For ex sure that you are supportive of endorse [join] . our campaign to the Surface Mining Control and which would maintain the present ample, 95% of the Allegheny our efforts BEFORE it is time to end strip-mining on public lands. Reclamation Act (SMCRA). state of ambiguity, two that would National Forest in Pennsylvania, act. For that reason, we cannot The Buckeye Forest Council is Among other provisions. it put allow mining on public land, and has mineral rights in private ask you to sign a particular state Ohio's Heartwood affiliate and an cod to new coal strip-mine one that would virtually end strip hands, thus the land could be ment or letter at this time. How has focused on strip-mining is operations on public lands. But mining on public lands in the mined if there is an unfavorable ever, we have the following goals sues for the last three years. We like many great laws, there was a Eastern US. The alternative that defuritioo. from which the use of endorse hope this will be the final push to loophole: Valid Existing Rights. would stop the mining is Alter PLEASE SIGN ON ments will not deviate: end strip-mining on public lands. The unfortunate truth is that native 2. It is called the •Good We need to speak in a strong CAMPAIGN GOALS Campaign endorsements and no one knows what Valid Exist Faith All Permits• standard. voice and call for an end to an I) To halt strip-mining on questions should be directed to: ing Rights {VER) are, because In late July, the Office of ecological disaster that Congress public lands. 2) To get a favor [email protected] or Congress did not define the term. Surface Mining will be moving meant to reign in almost twenty able definition of Valid Existing Buckeye Forest Council~ PO Box They left that task up to the Of forward with this rule-making years ago. Please sign on by con Rights (VER). 3) To stop indus 99;Athens, OH45701 ;(614) 594- fice of Surface Mining (OSM), a process during which the oppor tacting the Buckeye Forest Coun try's efforts to e~tablisb a takin~s · 6400. government agency within the tunity to close the loophole that cil, preferably by E-mail (see standard for determining miner BACKGROUND Department of Interior. Nine allows stripmioing to persist will above). As the rule-making pro al rights. 4) To ensure the imple The history of coal min teen years later, the Office of arise. ceeds, we will be utilizing your mentation of the Surface Mining ing in the United States has been Surface Mining has failed to come According to Stephanie endorsement in letters, and pos Control and Reclamation Act one of tragedy to the land and to up with an answer for what Valid Hanna, spokeSwoman for the De sibly meetings, to demonstrate (SMCRA). the people. It has left behind a Existing Rights are. In the mean partment of Interior, the new def- All Fly Away------by Linda Smith As land management strat tioo plans which consider what is Write A Letter To Expand Wilderness Neotropical migratory egies are planned, providing oat happening to these species birds, those that breed in North m-al habitat for declining North throughout the entire ecosystem, The National Parle Service is preparing a draft environmentaJ America and migrate to Central American bird species is an im- not just in our state. Then we may assessment for the Parsons Branch Road, a flash flood-damaged road !NJ~tap a~~ 9! OJcat ~';oiNi;;iiii·...... ,~~ --~ bean for the winter, are declin eludes preserving, as much as tory birds from ever becoming Parsons Branch 'Road ought to be converted to a trat ecause 1. e ing. Data from breeding bird sur possible, large blocks of contigu listedasendangeredspecies. West road is an mfrequently used one-way road. (2.) closing the road would veys in the eastern U.S. suggest ous forest for forest-interior bird Virginia agencies, organizations, combine two roadless areas, one of which is the largest uoroaded area that 75% of North American for species. In looking at the ea.stem and industry have recently joined in the southern Appalachians, (3) very high levels of air pollution and est-dwelling bird species declined deciduous forest ecosystem, West an International cooperative ef. visitor use in the park make it necessary to encourage non-motorized from 1978 to I 087. The forests of Virginia is considered critical fort called Partners in Flight The recreation and dtscourage automobile use where possible and (4.) the I West Virginia have a significant since its' relatively high concen goal of PIF LS to improve our inadequate 982 General management Plan for the park allows the portion of breeding populations trations of certain highly ranked knowledge of neotropical mi closure of only one open road in the entire park: Parsons Branch of several of these bird species and significantly declining bird grants, identify species at risk, Road. A 30 day comment period for the Draft EA should begin July that are considered in trouble else species may provide core popula and develop and carry out coop I, 1996. Write or call Karen Wade, Park Superintendent, GSMNP, where in the eastern U.S., species tions for expansion where they erative plans to protect their hab 107 Park Headquarters Rd., Gatlinburg, TN 37738, (423) 436-1201. like the cerulean warbler, scarlet are uncommon. itat. Let your voice be beard. tanager, Louisiana waterthrush, It should be noted that even As the expanding human and wood thrush. though WV is important for sup population reduces natural habi One four Lane Dead, how many to go? Neotropical bird population porting the highest proportion of tat throughout much of the east Virginia Dept. of Transportation has backed off plans to build declines are believed to be prima several bird species of concern in em U.S., we can see more than a 4 lane highway through Mount Rogers National Recreation Area. rily due to habitat Joss - on their the Northeast, some of these spe ever that WV provides important VDOT stated that after they selected Alternative 2A, •we began to wintering grounds (with rainfor cies' populations in WV show ecological diversity for this re receive notices of organized and widespread opposition to the deci est destruction) and in North declining trends. Ifwe work now gion. sion. • Now VDOT plans to •convene a group of county officials America. For the eastern U.S., to develop proactive conserva- within the study area and other interested stakeholders . .. to discuss fragmenting of forest into small opportunities for improving Routes 58 and 16 along the existing er and smaller blocks has con roadways. • Now if only WVDOT would understand that same lesson tributed to the decline of forest for Corridor H. dwelling birds. An estimated 40% of today's eastern forests area contained in fragmented subur An Ulworkable Covenant ban and rural woodlots. Why does Studies of the statistical correlation between Jogging and em WV have high concentrations of ployment in forest products industries •have routinely concluded that some of these declining birds? there is little or no relationship between sustained or increased This is uncertain. It may be as harvests and employment,• says a paper released last week by The sumed, until determined other Wilderness Society. The report says employment in wood products wise, that it's because WV has a and paper has declined 4% since 1950, while the amount of timber cut large portion of forested land - has increased 64%. •Any expectation that employment is determined 78% ofWV is forested- with Jess by National Forest timber harvests is analogous to expecting that fragmentation than other eastern automobile employment is driven by iron ore mined from public states. Also, WV has a very rich lands, • TWS says. "Meanwhile, taxpayers are subsidizing National and diverse forest. Forest timber harvesting to the tune of about $300 million a year.• PIF comes 100 years too late for the Carolina Parokeet The Highlands Voice, July/August 1996 - Page 4 The Headwaters High Route Two Weeks around the two main ideas. First, it should only 60 miles from home, only an further up the Glady and crossed Green Mountain Trail mthe rain Cheat, Greenbrier, and Po stitch together as many Wilder hour away. The challenge lay in over Middle Mountain into Lau- consumed me. The bear and the nesses and Backcountries as pos planning a route that connected rei Fork Wilderness. The fifth flying squirrel and the spruce on tomac Watersheds sible: a string of West Virginian the Wilderness and Backcoun day was to see us on Hinkle Run, Shavers Mountain left no room by Greg Good pearls. Second, it should come tries with, at best, only road cross and the sixth through to Island for thoughts of town. Ahead lay I have had a vision for the down from the mountain tops of ings, not road walks, and a min Campground, beside East Fork of two glorious weeks of the trail, last quarter century: to hike long, ten enough to touch the towns, imum of them. the Greenbrier Backcountry. my friend, and me. That's heav- connected loops, linking expan both for the mundane purpose of I knew I was ready for the Now halfway through the en. sive areas of eastern woodland. I re supplying and more impor hike when, one insomnolent loop, we turned and headed back Our days were long. We be was never much attracted to long tantly to link hikers and towns spring night, I lay in bed and north: up the East Fork, over the gan daily between 8 and 9 am, linear hikes, like the Appalachian people. Call it sustainable devel walked through the entire hike in mountain eastward and down into and didn't stop until early Trail. A personal quirk: I like opment. my head: hill after hollow, "IDp Big Run of the Potomac, up into evening, always trying for a min circles and their sense of comple Then came reality. I'm mar sites placed, stream crossings Seneca Creek Backcountry, over imum of 12 miles. This became tion. The vision was realized ried with young kids, so I can't imagined. A few weeks later the top of Spruce Mountain and grueling after a few days, espe once, in the 1970s, when I dis afford to escape to the mountains came teality. down into Brushy Run, throu.gh cially with packs full enough for covered the Susquebannock Trail for long periods. I could squeeze Bruce Summers and I parked Onego, up onto Flatroclc/Roaring a week. Nevertheless, I was struck in north central Pennsylvania. out two weeks without endanger my old Sube in Davis, donned our Plains Backcountry, north by how easily the little bits of the And again, when I combined parts ing domestic tranquillity. This backpacks, and beaded down the through Dolly Sods Wilderness hike strung themselves together. of that trail with the Black Forest time limit, though, pointed out main street. Passing a road crew, and Dolly Sods North, across fu- We never hiked very much along Trail. another advantage of such an we made our way across route 32, ture parts of Canaan Valley Wild- a road. We crossed pavement It struck me as odd, when I adventure close to home: no time down the Blackwater River, and life Refuge, and back to Davis. three times, and dirt a few more. moved to West Virginia in the lost in airplane travel to distant toward the state park. Out the That's the loop at lightning Generally, the trails matched up early 80s, that there were no loop places. All through the winter of length of Canaan Mountain we pace. The joy in the walking, even when one would never guess hikes here. Loops are not all that 1994-95 I poured over topo sheets hiked The next day we entered though, was that it unfolded slow- this from the guidebooks. Sever visionary, are they? After all, it and guidebooks, scoping out al Otter Creek Wilderness and ly. Each bend in the trail brought al times this was because we took was a chamber of commerce in ternative routes. I decided that camped on Shavers Mountain. new sights, new release. It took old roads that didn't appear in the Pennsylvania that printed up the the best place for the hike was in The next we left the Wilderness me less than a day to put my work guides, or because we struck out guide to the Susquehannock Trail. the northern half of the Mon. For and sauntered upstream along the and worries behind. I was in the cross-country with map and com Here the mountains were much one thing, I live in Morgantown. Glady Fork, on the Allegheny woods. The swim in Otter Creek pass. · bigger. Here was the Moo Na A good starting point, Davis, was Trail. The fourth, we ventured washed me clean, the trudge up The lesson is simple. Loop tional Forest. Here there were hikes work in the Mon. Doz.en.s many more short trails. Why l. Co.•40M\ Mt 'J,14lt."cl (MP b-2.) of them could be made in the were there no big circle hikes? l. 00~(" c~~~ \J,\Ae"'ess (MP 5") National Forest without making Not one to sit around ponder any new trails. All it would take ing such a useless question. 1 sot 3. ~ f~ W,\Altd. (Mf'-l) is new blazes, a few maps espe on with life and biking. I set out '1. AJle'i\..e•'f T~,t ol-.~ -&t cially drawn up. All it would with the goal of exploring the take is some vision. Why not link possibilities of big loops in the Gl~ Fork ~- C"eJ- H·t \o.Jilcllu.cl ltt~ , .2) the Bac)ccountries to Davis and Mon. I gave myself plenty of Durbin? Why not make Onego a time. The Moo is a big place, ' l.Avf"d fi..,.k. VJ,lAtw-~tcUJ center for the most impressive . N..-~ o..cl ~~ (HP S) nearly a million acres. day bikes south of New Hamp I had time. Over more than shire? Why not indeed? ten years I explored nooks and Tales were once told in the crannies from Canaan in the north Shtetls of Ukraine about how the to Lake Sherwood in the south. devil tempted peasants with free The only way to do this was on land. The peasant could have for the ground. I needed to hike his own aU the land he could individual Wilderness areas. plow around before the sun set. Then I got to know the Forest There was one catch. the devil Plan, the document that was ham got the peasant's soul if the circle mered out in the mid 80s for the was not closed by sundown. The management of the National For devil collected many peasants' est. Thanks to the hard work of souls and never gave away a fann. forest activists, a new category of I am but another poor peas lands just short of Wilderness ant. While Bruce and I hiked was created. To bureaucratic around 150 miles and visited ev poets these were known as Man ery Wilderness and Backcountry agement Prescription 6.2s. To that we had intended, we left two lovers of words and forests they gaps in our crrcle. 'To keep prom became variously Backcountries ises and schedules (two things a or Wildlands. real romantic would have left Designating these areas and behind), we twice hitched rides. making them real to people are We missed a section of trail from two very different things. How Laurel Fork Wilderness over many can say where Laurel Fork Lynn Knob, up Hinlcle Run, and Backcountry or Flatrock/Roaring dcwn to Camp Pocahontas. We Plains Backcountry is? And de- had simply under estimated the pending on how one counts, there t------_:...__ ..._.;_;_ ___ -, mileage in the first half of the are between 15 and 20 Backcoun ""~ ~wtrler 1 ~
(from page 1) other a watershed a Forest Service decision you are is a trout fishery of such high Run, has been visually identified Servicew conclusion that this will analysis. Of course the timber appealing it to the Forest Service. quality is somewhat of a miracle as having siltation percentages improve in the future as a result assessment is finished and ready After the FS denied the excellent itself and can only be attributed as higb as 50%, and it no longer of the State of West Virginia's to roll, while the other assess 66 page appeal of the Thornwood to mother nature and the constant supports a viable trout popula adoption of voluntary BMP's for ments have not proceeded very Gas Pipeline by the Southern vigilance of those who care about tion. the private logging industry. So far. How can anyone call this Environmental Law Center, citi the stream -- because someone is We do not argue that the far there is no evidence that would multiple use, when its obvious zens don't have much hope that always wanting to put mud in this larger waters, Slaty Fork and the support that conclusion). that timber comes before all else? the Forest Service will see the stream. This time it is the Forest upper Elk River below Elk •••White we would agree To accomplish her nefari light on this Timber Cut Don Service. Springs, have been and continue with the statement on Page 70 of ous schetnes Cynthia also plans Garvin, author of the appeal for It is our opinion that the to be impacted from activities the EA (discussing the Environ to build 13 .4 miles of road, spray Trout Unlimited, said "This is Forest Service has failed to give primarily on non-Forest land. It mental Effects of implementing herbicide, buyrightofways across one decision we must follow both adequate consideration and is certainly true that develop Alternative B) that even with private land, and then plant some through on all the way". As con adequate protection to the Elk ments at Snowshoe Resort, as well mitigation some sediment is un seedlings wrapped in plastic tact for the Heartwood appeal I'm River trout fishery in preparation as state roads and highways, and avoidable, we would strongly dis · tubes. Since so much of the land already looking for a knowledge of the East Gauley timber project private logging operations and agree with the statement that pro is extremely steep terrain, she is able, dedicated ~affordable) law and its Environmental Assess mining activities on the area's ceeds it: namely, that increases recommending that most of the yer to help out on this case. ment. private lands have contributed in sediment delivery to streams logs be hauled out by helicopter. ..To its credit. the Envi most of the sedimentation to the over background erosion rates Local landowners and sev Here are some hlghUgbts from ronmental Assessment does doc larger waters. It is for that rea will be short-term and minimal. eral conservation groups were the appeals- ument that the trout fisheries in son that the numerous nursery very upset by the scale of the FISH and SEDIMENTATION the Rocky Point and Props Run tributaries, which are located al- LIMITED ALTERNATIVES: project, the FS's disregard for from the Trout Unlimited appeal Opportunity Areas are already most exclusively on National For- •••The East Gauley Tim- recreation, fisheries, and biodi u•The Elk River, in its seriously impacted by human dis est lands, are so critically impor- ber Analysis seems to us defi- versity that they have appealed many segments, is in fact unique turbance. Siltation is at or near tant to the health and survival of cient in another major regard. the decision. Two separate ap as a trout fishery in this area, due threshold limits on Slaty Fork, the entire Elk River trout fishery. We do not see how myone can peals were submitted; one filed in no small part to major initia the main Elk, and evety tributary The National Forest lands argue that a true full range of by WV Trout Unlimited and the tives by the West Virginia Divi in the watershed... The EA con in question here hold the key to alternatives for this project area . other by Heartwood (yours truly sion of Natural Resources and firms that these sediment levels the survival of the wild and na- were considered, even under the as contact), WV Sierra Club and thousands of hours of volunteer are adversely affecting wild trout tive trout fishery in the upper Elk somewhat confining strictures of several local landowners. work by Trout Unlimited mem populations. The tributary most River watershed. the 6.1 management designation. Of course when you appeal bers from across the state. That it affected by sedimentation, Rose •••we remain highly un- The range offered here includes a comfortable with the amount of no-action alternative and three hard data availabie in the Envi- harvest alternatives --from 15.5 ronmental Ass~t""bn ~~- -D1f-ff~'""O'd.t · "~m~~~.....,.,...,"""'-f1t~"""..,..__ ,.._ mentation levels and sources in board feet. This hardly seems to Onego, where Seneca Creek with a friend to Dolly Sods Picnic few days or a feww weeks and find the project area We are uncom- us like a credible attempt to con- slashes through the Allegheny Area. ing your car waiting for you is to fortable both with the quality and sider a range of viable options Front, creating the most alpine of I aim to go back and finish behighlyrecommended. So when the quantity of this information... that might both protect the fish- mountain reliefs in West Virgin these two gaps. Like I said at the we emerged from Canaan Valley, In addition, stream surveys ery while continuing to allow for ia. Here we faced the headwall of start, I like the sense of comple into Davis, rounded the comer, of trout populations in the affect- the harvest of timber at some re Roaring Run, uncertain private tion in a circle. This is not, and saw that my car was gone .... ed waters also seem to us to be duced level which could still meet ownership, no trail, and whipped however, merely metaphysical But that's another story. The sketchy, or minimal at best. We the demands of the 6.1 manage bodies. We opted for a rest day preference. The practicality of devil (or sherifi), 1 suppose, had are never comfortable with de- ment prescription. (our only one), and got a ride coming out of the woods after a claimed his due. + ciding conservation matters on the basis of degrading down to a LIMITED ECONOMIC certain level, and we are much ANALYSIS: less so when there is inadequate •••R ~nt National Forest information available. Service reports contained the fol •••The Environmental As lowing information: sessment, while admitting that In fiscal year 1994 the For the trout fisheries in the project est Service hosted over 835 mil area are already in a stressed con lion visits on National Forests, dition, does not contain a thor compared to 300 million by the _,ugh analysis of all the elements National Park Service and 40 that cumulatively impact those million by Disney parks. Recre fisheries. For example, the EA ational use of the forests is at an notes that for most of the streams all time high, and RP A projec in the project area already have tions indicate that use will in fme sediment levels well above crease more than 50 percent by the threshold level of 20% where 2040. More than two-and-a-half trout start experiencing impair million jobs are associated with ment. The EA also notes that the the economic activity generated wild and native trout populations by recreation which is estimated in the tributary or nursery streams at almost $100 billion annually. are very likely being adversely Recreation fees to the Treasury affected by acid deposition. In were $46 million last year and in addition, the EA correctly points order to meet increasing demand out the major contribution of silt the agency plans to increase the ation in the larger waters from use offees in the future. In 1995, the private lands in and surround National Forests provided 16.1 ing this watershed. (But we would million activity days of hunting, Bruce Summers and Greg Good above Red Creek in Dolly Sods Wilderness strongly disagree with the Forest at an estimated value (&ee page 8) The Highlands Voice, July/August 1996 - Page 6 federal affairs Nine votes in the House inating funding for 550 miles of set by an equivalent cut to the this California area does not con fered an amendment to increase new timber roads. After the Department of Energy's Fossil tinue to be designated, there is a funding for the National Park by BilL Ragette' and amendment was approved 211- Energy Research and Develop strong likelihood of marbled Service by $23.5 million, to be the League of Conservation 210, a parliamentary procedure ment program, would restore murrelet extinction in northern offset by a decrease of$23.5 mil Voters was used to force a re-vote on the LWCF funding to its FY 1995 California. Critical habitat des lion in Forest Service reconstruc On Wednesday June 19, the same amendment. On June 20, level. The Farr amendment was ignation on private land does tion and construction. The Ven US House of Representatives con the amendment was defeated 211- defeated 183-235. YES is the NOT stop all activities, as such to am.endment was defeated 178- sidered the 1997 Department of 211, failing to receive a majority pro-environment vote. designation only impacts feder 242. YES is the pro-environ Interior Appropriations bill. The of the votes cast. YES is the pro Alan Mollohan- NO al, not private, actions. The Dicks ment vote. Senate will be working on their environment vote. on both votes - Robert Wise- NO amendmentpassed257-164. YES Alan Mollohan- NO version this week. Alan Mollohan- NO Nick Rahall- NO is the pro-environment vote. Robert Wise- YES For your edification i am Robert Wise- NO Alan Mollohan- YES Nick Rahall- YES printing the voting record of our Nick Rahall- YES Vote 5) Robert Wise- YES Representatives for the nine Rep. Robert Walker (R-PA) Nick Rahall- YES Vote 9) amendments considered that the Vote 3) offered an amendment to provide Representative Miller (D League of Conservation voters Representatives Porter (R-IL) an additional $62 million to the Vote 7) CA) offered an amendment to reported on. and Furse (D-OR) offered an National Park Service operating Representative Richardson provide $10 million to restore the Mollohan shows himself as amendment to repeal Section budget and an additional $55 (D-NM) offered an amendment Park Service's Urban Parks and a true Republican and bedfellow 2001 ofPublicLaw 104-19. This million for Bureau of Indian Af to increase funding for the oper Recreation Program which was of the nature haters dominating amendment repeals the so-called fairs operating budget. These ations and maintenance of the zeroed out in the Interior Bill. congress at the present time. If salvage logging rider included in increases would be offset by cut National Wildlife Refuge System The Miller amendment was de either he or Wise had voted with the 1995 Rescissions bill which ting $137 million from the De by $5 million, to be offset by a feated 199-223. YES is the pro the Democrats on the repeal of suspended all federal environ partment of Energy's Fossil Re decrease of $5 million in the environment vote. the Salvage Logging Rider or on mental and natural resource law search and Development pro Advanced Pulverized Coal-fired Alan Mollohan- NO reducing funding for Forest Ser for old growth timber sales in gram. The Walker amendment Power Plant. The Richardson Robert Wise- NO vice timber road construction. it Washington, Oregon. and North was defeated 196-224. YES is the amendment was defeated 200- Nick Rahall- NO would have changed the results. em California and salvage log· pro-environment vote. 220. YES is the pro-environ Did you contact your Represen ging being conducted on Forest Alan Mollohan- NO ment vote. Environmental tative? Service and BLM lands nation Robert Wise- NO Alan Mollohan- NO Correctness Score - Hurrab for Nick Joe Rallall Nick Rahall- NO Robert Wise- NO wide. The Furse amendment was Nick Joe - 67% (that's my Representative!) Nick Rahall- YES defeated 209-211. Robert Wise - 33-Jo Alan Mollohan- NO Vote 6) Votes I and 2) Robert Wise- NO Representative Dicks (D- Vote 8) ·AJan MoUohan - 11%
Representatives Kennedy ~~ Nick Rahall- YES WA) offered an amendment to Rep Bruce Vento(D-MN)of- ~ · ...... d - a d=rol ao .. strike die provision prohibiting duce wasteful funding for Jog- Vote 4) the implementation of critical ging' road construction in the habitat designation under the fed- Rep. Farr (D-CA) offereJ an National Forest System by eli.m.i- th FY eral ESA ~or the endangered amendment to increase ~ 1 ' nating funding for NEW Forest 1997 Land and Water Conserve- marbledmurreletonprivatelands
Service logging roads in Fiscal m· the northern coastal area of tion fund by $135 million. The Year 1997. Thi~ _amendm~nt amendment which would be off- California. If critical habitat in would save $48 mtlhon by elim- • rvlore on the Kennedy Amendment *- Road building in the na miles of road in the National For Jars every year. According to the tional forests is one of the most est System --a road network more U.S. General Accounting Office environmentally destructive and than 8 times the U.S. interstate (GAO), Forest Service timber fiscally irresponsible components highway system. In recent years, sales cost more than they bring of the U S. Forest Service's tim an average ofninety- five percent in to the U.S. Treasury. The ber sale program. Most of the of the roads built in national for Wilderness Society's analysis of proposed new roads would be built ests were logging roads-only five the fiscal year 1994 sales show to assist timber companies har percent were for recreation or that I 09 of 121 national forests vesting trees. general purpose. The Forest Ser lost money. The amendment would have vice continues to defend a timber In FY92, timber sales lost saved taxpayers a total of $48.5 road building program that is $339 million. In FY93, tim million. $42 million in direct inefficient, costly to operate, and ber sales lost $377 million. In costs and an additional $7.3 mil subsidizes industry. FY94, timber sales lost $279 lion in avoided payments to coun • Scientists believe roads million. Total3-year loss: $995 ties. Problem: Construction of are a major cause of the decline of million new roads in the forest causes old-growth forests, grizzly bear • Road-building is a major irreparable damage and costs a habitat, and even cause problems factor in below-cost timber sales. Headwaters High Trall-Btg Run ofthe Potomac tremendous amount of money. for more common wildlife such From 1992-94, GAO found road Most of the road building budget as elk. Roads fragment habitat, construction costs nearly $245 but taxpayers pay for the cost of ally in the most remote and moun is a subsidy to timber companies disrupt wildlife-migration routes, million. The Forest Service building the roads necessary to tainous terrain in the country, to help them harvest trees. and destroy scenic beauty. Forest should operate more like a busi log them. The Kennedy amend characterized by steep slopes and Here are some of the many roads also cause soil erosion and ness rather than losing money ment does not prohibit them from rough land. Building new roads ·- reasons why construction of new stream sedimentation which ru through a road construction sub building the roads at their own in these areas is extremely ex roads in our national forests ins water quality and fish habitat. sidy. expense. pensive. Timber road construc should be stopped • Timber sales lose hun • Timber companies make • Roadless areas are gener- tion is the single most costly fac • There are already 379,000 dreds ofmillions of taxpayer dol- bids on trees in national forests, tor in below-cost timber sales. + The Highlands Voice, July/August 1996 • Page 7 All Carrot- No Stick ... (from page 1) the objeCtives 'to 'remove Nor does tile policy dcfiDO how loqlong· public meetinp ad in the first ever EPA (eg. Kittle Flats on the Middle Fork River) regulatory barriers.' 'edvAQCC remediation term trealment is or bow to determine EIS study for coal mining Eat of the that were permitted using that provision technology through part:Dcrships' and 'pro- financial IIIW"'lloet •adequate• for that Mississippi River, and a c:oililioo of citi of state law. the expansion at the Island mote use of tbe latest teclmological ad- unknown paiod of time. Nor does the zen groups wu petitioniDg the ltate of Creek/Enoxy/(now Anka") Tenmile com vances' in real world a.,Plieation often policy address the ftnancial assurmccs WV to declare u 'Unsuitable for Mining' plex on the Buckhannon River, the F&M translate into ICtioos that relieve compa- needed to reclaim the b.cklog of post the acid producing portions of 1he neigh site, the Omega deep mine, etc.,ctc. The nics from ongoing liabilities. or. through SMCRA sites forfeited since 1977 where boring Buckhannon and Middle Fork Riv liJt is long; it's legacy lethal. a watershed approach to cleanup, that blur AMD exitb. ers, Director Callaghan appoiDtcd yet an The similarities between Director the lines between pre-SMCRA AML sites Objectives 3 IDII4 dclcribe that moo other committee: the AMI> Toc:lmical Ad Uram's language and effort of 1996 arc and those sites regulated and forfeited itoring and in.spectiou must evaluate the visory Commitllee which con.sisted of rep· strikingly similar to Director Callaghan's under SMCRA. implementation and effectiveness of the resentatives from the agency, industry and language md efforts of the late 70's and GOAL fl: ENVIRONMENTAL PRO- reclamation plan. bot otrer no guidance the academic community who were "the early '80's. OSM's May 15th Draft Policy TEcrJON RE: agency action it thole plans are defi- most competent experts in the field of on AMI> gives little assurance that the The stated goal of protection falls cicnt. failina or if AMI> damage will con AMD control. • The committee was to legacy of OSM's initiative will be any short of the full intent of SMCRA: • AMD tinue to exist after m.i:ning and land recla assist the earlier Task Force to resolve more positive than WV's initiative during from sites permitted under SMCRA should mation has been completed. complicated technical questions. the '80's. In fact, the loopholes and ambi be avoided so off-site material damage to CONCLUSION -Anyone who remembers those earli guities in OSM's May 15th AMD policy the hydrologic balance will be prevented. • WVHC and other environmental and er efforts (which are ongoing in an ex may well allow further expansion of the That statement may be true as far as it citizen groups have long supported the panded form today more than a decade string of trials, experimentation, mistakes, goes, but SMCRA never intended to allow following assertions of SMCRA: later) will also remember the legacy that failures and treatment nightmares that on-site damage to continue to exist once - No permits should be issued where has followed: i.e. the 'Colombo Amend now plague north central WV. + reclamation was completed. FulJ recta- there is a risk of long term AMD. ment' and the many acid producing sites mation under the law leaves a site in a - At permits where UNANTICIPAT condition as good or better than it was ED AMD occurs, reclamation plans must before mining. This Draft AMI> policy be altered to prevent further productioo of Monongahela National Forest Hiking Guide seems to accept water treatment as an AMD. (or revoked if they can't) and bonds approvable post mining land use. must be adjusted to cover the full extent of Objective 1 admits that permits shall water treatment as long as the AMD ex only be approved where OFF-SITE dam· ists.... JOO. 200, years, etc. The Mooongahela Natiogal Form Hiking Guide • 6th cditioo. is bigger age wil1 be prevented. However, no men- ·Bonding (and the Special Reclama and better than evrz, with 368 pages, 96 pages of maps, 49 photographs, 177 tion is made of preventing ON·SITE dam- tion Fund/Bond Pool in WV) must be trails totalling 812 miles, and a full color covrz. West Virginia Highlands ages after reclamation has been complet- adjusted so that the state can fulflll the Conservancy is the publisher. Authors are A11c:o de Hart and Bruce Sundquist cd, i.e. no mention is tude of denying hydrologic reclamation plans d a11 sites (SIIDC as cditioa S). AlJal bas biked all the trails of the MOIKJI1&8bda N.F. ~~·-dilll~-~-._ 1:..._ AMD Jcgi&ed ~ Tbe will exist. (Hence the image.. suggested Unfortunately, although OSM's May over tire pasrf'ew ~ 'Wa!l!R! edltorfot 1tre !bst fbm Mftfbus. ell"lier of 5,000 acres of reclaimed land 15th AMI> Policy may be better than those hiking community and the U.S. forest Service provided trail repcxts and where both ground aDd surface water has that ioduatry propoeea or supports. it is, photographs. The Guide also provides information for ski-touring and baclt been destroyed.) nonethel• far from what is required by paddng. The strategies listed to implement Ob- Jaw or by tbe future needs of citizens and The growing tbroags of visitors aod the public at ~ regard the jective 1 speak ofidentifying risks ofAMI>; water resources in the coalfield regions. Moooogabcla National Forest as a 'Special Place'. And iDdocd it is. The employing measures to control and man- POSTSCIUPT hiking, backpackiDg, and ski-touring oppcxtunities it providCs are among the age the risk; establishing criteria to mea- A cover letter from OSM Director Bob best in tbc eastern U.S. The DWR outstanding areas are becoming known fa' sure and assess material damage, and eva!- Uram accompanies tbe May 15th draft md wide - Otter Creek Wildemcss, Dolly Sods WJ.Idcmess, Flatrodc Plains. uating the implementation and effective- policy. The letter states that "OSM. the ness of the reclamation plans, but doesn't coal States, the National Mine[d) Land Roaring Plains, Blackwater Canyoo, Spi'\K"C Knob, North Fen Mountain, mention anything about denying permits Reclamation Center, and industry are spon Shavrz's Mountain, Laurel Fork Wilderness, Cranbeny Back Country, where there isa risk oflong term AMD. or soring an Acid Drainage Technology Ini Cranberry Wilderocss, among others. revoking permits where unanticipated tiative partnership that is bringing togeth Profits from the sale of these AMD proves to be too great to control. er industry, government, and academic guides support a wide variety of worthy Objective 2 admits the financial re- experts to explore and develop scienee environmental projeas in the West sponsibility associated with AMD should based approaches that will advance mutu VIrginia Highlands Conservancy. be fully addressed. The strategies talk of al environmental protection goals. • To order your copy of Edition 6 of adequate financial assurance to ensure the For those familiar with West Virgin Monongahela National Forest Hiking completion of the hydrologic reclamation ia's recent history this statement may bring Guide, send $12.95 (this includes plan; adjustments to the fmancial assur- on waves of recognition and distress. ance if conditions worsen at the-._ site, and - The DLM fiasco on the Buck:hao $3.00 first class shipping) to bond release only if adequate financial non River was coming to a bead in the late West Virginia Highlands Coo.servancy assurances are left in place to cover con- '70's and AMD was becoming a major POBox306 tinued treatment. But nowhere is it indi· issue in the coalfield area of north central Charleston. WV 25321 cated that there may be some sites where WV. In 1978 David Callaghan, then Di any amount of financial assurance would rector of the WV regulatory agency, ap- not be adequate and denial is required, or pointed a 'Surface Mine Drainage Task that permits might be revoked at sites Foree' to define the AMD problem in that I have included a _ check or _IJlODeY order for the amount of where unanticipated AMD cannot be con- area and to outline procedures for control $ to WVHC for _copies of the Monongahela National Forest trolledorprevented,orthatreleasingbonds ling AMD. The Task Foree consisted of Hiking Guide. where AMD is an ongoing treatment need agency, industry and academic experts cannot relieve the operator from his re- and developed a publication in 1979 sug Nmne:.______sponsibility. or when/if permit blocks gesting guidelines for mining operations would apply. (i.e. what happens when in potentially acid producing areas. money runs out at one site and the operator • In 1981, as the Holly Grove Coal A~=------has gone on to mine an addition 8 permits permit for the Little Kanawha River head- that produce AMD and require treatment). waters was being scrutinized in heated lbC~r~· ty~,~S~ta;te;:_,~Zi~·p~: ~~~~~~~~~~~~~~~------...!~ The Highlands Voice, July/August 1996 - Page 8 <"Ihornwood Pipeline ~ppeals 1lenied
The • Appeals Deciding Of Environmental Assessment (EA), impacts. The ADO felt that there trap, etc. migratory birds, wheth prohibit those whose intention ficer• (ADO) at Forest Service and the significant loss of re were no procedural flaws, that er the harm is intentional or not. was harming, taking of migrato regional headquarters in Milwau sources that would result from the pipeline did not demand more Rec:ent court cases have begun to ry birds. The ADO agreed with kee, in lengthy reviews denied clearing this patch. The ADO drilling, and there was no need interpret the law more liberally. him and against the SELC. both appeals filed on the Thorn felt that the FS clearly showed for a cumulative impact analysis (In Sierra vs. Martin, the judge Rumors are circulating that wood Gas pipeline project. Con that this 'patch' was not old for wells that may or may not be issued a preliminary injunction SELC and Thornwood are trying struction may start as early as growth, was not a 'stand' and that drill in the future. against logging until the nesting to reach an agreement before the July 15. Both of the appellants there was plenty more of those - The longest part of the de season was finished.) But the case goes to court. Thornwood Southern Environmental Law whatever they are - all over the cision record was a copy of a Judge in the Mahler case felt that claims to be willing to 'extin Center (SELC) et al and Bill Rag forest. court decision entitled Mahler vs. even though the FS was taking guish' some of its leases, espe ette' - are considering legal ac SELC's appeal was more the US Forest Service et al. You migratory birds by allowing cut cially in Laurel Fork, Virginia, tion. focused on the procedural flaws know Andy Mahler himself, Mr. ting during nesting seasons, com and perhaps some in WV if a Ragette's appeal focused on of the EA, the need for an EIS, Heartwood. Andy tried to stop a mon sense would suggest that we court case can be avoided. Bill is the patch of old growth located in the implied expansion of gas well timber sale in the Hoosier Na couldn't arrest everyone who cut still looking for a lawyer. the right of way of the pipeline, drilling the pipeline would per tional Forest by using the Migra down a tree with a migratory bird the failure of the Forest Service mit (demand financially), and the tory Bird Treaty Act that states nest in it His interpretation was · to document its existence in the lack of analysis of cumulative no one shall harm. take, kill, hunt, that Congress only intended to Ranger Cuts Enviros No Slack . '--," (from page 5) of $574 million, ysis is not provided; the econom diate or low volume of timber. ~ . · supporting 18,900 local jobs and ic analysis is incomplete; a range All of the action alternatives con /1 f generated $22.6 million in local of diverse alternatives was not sider a very high volume of tim I taxes. A:n estimated 37 million presented; real protection of ri ber. There were tlo alternatives days of recreational fishing pro parian zones is not offered; and, considered that only cut a small ' / duced an estimated $1.6 billion therefore, the EA and projects amount of trees. This is not an ' I in economic value. proposed do not adequately pro adequate range of alternatives. In The economic analysis sec vide for the protection of coldwa California v. Block, the Cow1 held tion of this Environmental As ter streams suitable for trout. that the Forest Service must con sessment considers only the di sider these types of alternatives. rect costs and benefits of the tim- FROM TilE HEARTWOOD et al ***The EA and DN make ber operations, based on the APPEAL- countless claims that they are premise that other information •••The Biological Evalua- conducting the project to benefit • -...... ,~~-i.e: too dil!iCiift to compi e. We tton, however, does not contain a these species (Dear and turkey - do not believe this is an adequate cumulative effects analysis for editor]. The Ranger, however, response to the NEPA process. either the Endangered Indiana fails to explain how disturbances bat or the Endangered Virginia of massive logging and road IN SUMMATION Big-eared bat. building will benefit species that •••MCTU believes the fol- ***This sale will violate the cannot tolerate these disturbanc- lowing: the upper Elk River Migratory Bird Treaty Act be- es. In National Audubon Society watershed is a significant and cause the sale allows logging v.Hoffman, Civil No.1 :94CV160 ' ..J• unique trout fishery which is during the nesting season ... The (Vermont Dist. December 13. ''(" I\ •', \,•'t ~ threatened by the adoption of Forest Service should also bear in 1995), the court found that log .. , I\ , , ~ Alternative B, including the pro- mind that both the District Rang- ging in black bear habitat would ' ,.. ,. ··"' ,. I~~~· _,-··· posed mitigation measures; the er and the Regional Forester could have significant negative impacts ) data on stream siltation present- face criminal charges if they al- on black bears. A section ofthe project map for East Gauley ed in the EA is incomplete and low the sale to go forward. The •••Forest Service figures inadequate; cumulative impacts MBTA is a criminal law. show that recreation created over the economy than logging did nomic analysis in the EA. how ever, neither addresses the eco to the trout fisheries were not •••The EA did not consid- 33 times as many jobs as Forest (National Summary Timber Sale considered; a full watershed anal- er an alternative with an interme- Service logging did in 1994. The Program Annual Report Fiscal nomic value of the recreation of •------•figures also Year 1994 and Explanatory Notes the project area nor discloses what 1 Join tbe West Virginia Highlands Conservancy 1shows that recre- for the 1997 Forest Service Bud the economic impact of the log 1 lation contributed get.) The project area is a heavily ging will be on recreation. + I Cateaory IDdMdual Family Corponte 138 times more to used recreation area. The eco-
I Senlor/Studeat $12 I Regular 15 $25 $50 Membership Benefits I Auoclate 30 50 100 I Suatalalag 50 100 200 • 1 year subscription to the Highlands Voice I Patroa 100 200 400 1 Mouotalneer 200 300 600 I • Special meetings with workshops and speakers 1 Name: • Representation through WVHC efforts to monitor legislative and : Address: agency activity I City/Stat~ip: The WVHC, at age 29, is the oldest environmental group in West I Vrrgi.nia. The Conservancy has been influential in protecting and I Make checks payable to: West Virginia Highlands Conservancy preserving WV's natural heritage. Your support will help WVHC to I Mail to: P.O. Box 306, Charleston, WV 25321 continue its efforts. ·------·I