Coastal Commission Votes to Allow Past and Future Destruction
of Environmentally Sensitive Habitat
- The Friends of the Big Sur Coast’s appeal of Monterey County’s after-the-fact permit for State Parks unpermitted damage to Julie Pfeiffer Burns State Park’s McWay Cove was denied at the Coastal Commission’s meeting on November 16, 2006. The permit was approved with conditions, namely implementation of a Restoration and Mitigation Plan (“Plan”) written by Tom Moss, the same State Parks employee who authorized the environmental degradation without a permit.
The Plan does not analyze impacts to environmentally sensitive habitat and species. Endangered Smith’s blue butterflies have been observed within the coastal scrub at McWay Headlands and biologist John Gilchrest observed mature seacliff buckwheat plants (Smith’s blue butterfly host plant) within the downed eucalyptus and within the logging slash near Waterfall House. Inexplicably, the Plan does not include protection measures for Smith’s blue butterflies and the protection measures for seacliff buckwheat are vague.
The Commissioners received copies of the Plan the night before our hearing. Commissioner Sara Wan admitted that she had not read the lengthy document. The Plan omits any discussion of how the previously downed trees and vegetative debris will be removed and fails to mention that extremely steep slopes (75-90%) exist over most of the site. There is no discussion of how other opportunistic species, like pampas grass, will be removed.
The Plan states that “temporary impacts to migratory birds will result from tree removal.” Migratory birds are considered sensitive species by the California Department of Fish and Game. Commissioner Sara Wan questioned Tom Moss about impacts to birds, particularly those that are “nest-faithful.” Moss admitted that Parks did not undertake one study to determine specific species that might occur onsite, and similarly failed to consider how impacts to species would be avoided.
Despite the foregoing, the Coastal Commission unanimously approved the permit, illustrating a double standard for State Parks over other private property Coastal Permit applicants. At a previous meeting, the Commission
fined a private landowner $25,000 for many of the same abuses of the law State Parks committed by impacting environmentally sensitive habitat. The tone was very different for that offender as outlined in this quote. “Enforcement is an essential element of a strong coastal protection program,” said Sara Wan, (then) Chair of the Commission. “This case (near Asilomar State Beach) is an excellent example of the resolve of the Commission to protect sensitive resources and provide a fair and level playing field for all applicants.”
Joseph and Nancy Schoendorf and the Friends of the Big Sur Coast are considering seeking judicial review of the Coastal Commission’s
decision by filing a petition for writ of mandate. This suit must be brought
within 60 days after the decision becomes final.
California Coastal Commission
Finally Calendars Our Appeal
November 15, 2006
– Friends of the Big Sur Coast filed an appeal with the California
Coastal Commission in the Fall of 2004 requesting that it overturn the decision
of the Monterey County Board of Supervisors to issue an after-the-fact permit
approving State Parks’ felling of thousands of trees, discarding them over
the Big Sur cliffs, destroying endangered species habitat, and casting debris
on the slopes, the ground, in streams, and in the surf zone. State Parks did
all this without seeking one single permit. After delaying for two years, the
Commission has calendared the Friends
of the Big Sur Coast's appeal
for Thursday, November 16, 10:00 a.m., at the
Huntington Beach Hyatt Regency.
The Coastal Commission staff report recommends
denial of our appeal and approval of the Coastal Development Permit, with conditions,
based on a supplemental State Parks
Restoration
and Mitigation Plan. The Plan contains general guidelines applicable to practically
any central California coastal property but fails to discuss how these guidelines
relate
to McWay Cove as outlined in our official
response to the staff report..
We urge everyone who is concerned about State Parks’ past and potentially future
destruction of the environmentally sensitive habitat in McWay Cove in Julia Pfeiffer
Burns State Park to express their outrage. Please send letters to the Commission and
protest at the hearing. We must demand that the Commission file an enforcement action
against State Parks and refuse to approve any permit based on an insufficient Plan.
Letters should be sent to:
Appeal Number: A-3-MCO-04-064
California Coastal Commission
Central Coast District Office
725 Front Street, Suite 300
Santa Cruz, CA 95060
Friends of the Big Sur Coast Files Appeal to the California Coastal Commission
October 28, 2005 – Friends
of the Big Sur Coast filed an appeal with the California Coastal Commission in
the Fall
of 2004 requesting it overturn the decision of the Monterey County Board
of Supervisors to issue an “after the fact” permit for the tree removal
which is in clear violation of federal, state and local laws. State Parks implemented
major work impacting the environment without a Coastal Development Permit when
it removed 2,500 trees in the state park in late 2002 without county review or
the necessary permits. If the Board of Supervisors approval stands, Parks will
cut down another 2000+ trees and shrubs without supervision!
We urge everyone who is concerned about State Parks’ destruction of the
natural resources of McWay Cove in Julia Burns Pfeiffer State Park to express
their outrage and send letters to the California Coastal Commission to appeal
number A-3-MCO-04-064 demanding that State Parks follow the law. Letters should
be sent
to:
Appeal Number: A-3-MCO-04-064
California Coastal Commission—Central Coast District Office
725 Front Street, Suite 300
Santa Cruz, CA 95060
Board of Supervisors Back Down From Original
Tough Enforcement Plan and Fines; State Parks Gets the Go Ahead to
Cut More
September 28, 2004 – The Monterey County
Board of Supervisors met on Tuesday, September 28 to review and supposedly
approve the fees, violation fines and restoration plan that was to
be developed between the State Parks department and Monterey County
Planning staff. The Board had directed State Parks to develop a new
plan to remove the downed trees and restore the environmental disaster
area in Julia Pfeiffer Burns State Park.
Instead of sticking to their guns and penalizing State Parks for their sloppy
attempt to remove over 2,000 trees in the beautiful McWay Cove, the Board of
Supervisors backed down and agreed to let Parks off the hook with no fines and
no removal and restoration plan. Parks is now being allowed to remove the downed
trees with little or no oversight by the county and to supposedly restore the
endangered species habitat with no clear plan to minimize erosion or prevent
further damage of the critical viewshed along the Big Sur coast. Parks is clearly
being given preferential treatment over every other property owner in the Coastal
Zone.
Appeal of Permit Successful!
August 25, 2004— The
Monterey County Board of Supervisors upheld an appeal by Friends
of the Big Sur Coast yesterday with respect to
an after-the-fact permit issued by county planning for a project to
remove over 4,500 trees in Julia Pfeiffer Big Sur State Park. The supervisors
decided that Parks must first clean up the largest fallen trees on
the cliffs and restore the area with native plants that were destroyed
when they cut the first 2,500 trees. They also decided that the State
must pay fees for the permit that had been waived by the planning staff
and an additional fine for initiating the work without adequate permits.
(Please see the full press release in the downloads section.)
KSBW-TV (NBC) Reports
on the Board of Supervisor's Decision Against State Parks August
25, 2004
This Quicktime Movie is 6.8 MBs
Help Stop Destruction of
Crucial Endangered Species Habitat!
Monterey County Board of Supervisors will
decide on our appeal of Coastal Development Permit (PLN030620/Julia
Pfeiffer-Burns State Park) whether to permit past and future tree
cutting in Julia Pfeiffer Burns State Park. Write your supervisor,
write a letter to the editor of your local newspaper, tell your friends
to sign our petition on this website
supporting our appeal of the permit issued by the Monterey County
Planning Commission on 5/20/04! Please attend the supervisors meeting
on Tuesday, August 24 at 10:30 am and voice your concern. Please
go to the government and media links for contact information.
Here are the real facts!
State
Parks Destroy Seaside Bluffs and Crucial Habitat of Endangered Butterfly in Unpermitted
Tree Removal Project in Big Sur
In September of 2002, the California Department of Parks and Recreation
proceeded to cut over 2,500 trees and shrubs along the Big Sur coastline,
disposing of several hundred of the largest trees by pushing them
over the cliff destroying the bluffs and, with them, seacliff buckwheat–crucial
habitat for the endangered Smith blue butterfly. At the time, State
Parks incorrectly self-determined that its project, at Julia Pfeiffer
Burns State Park, was exempt from the Big Sur Coast Land Use Plan and
required virtually no environmental review. Believing that it is better
to ask forgiveness than permission, State Parks is now requesting a
permit “after-the-fact” from the County for the trees it
has already cut. The County Planning Commission has already granted
its retroactive approval of the past damage—it has also given
the green light to proceed with cutting another 2000+ trees.
Dozens of large eucalyptus trees cut down by State Park management
lay fallen over the seaside cliff destroying crucial endangered
species habitat before some slid down to the beach battering the
pristine intertidal zone during winter storms.
Monterey County Planning Department Determines State Parks Was In Error
The Monterey County Planning department determined in July of 2003
that State Parks was required to obtain a Coastal Development Permit
to remove the over 4,500 trees in Julia Pfeiffer Burns State Park because
the project is located in a crucial viewshed, is located on slopes
with a grade of 30% or greater, and/or is within 100 feet of environmentally
sensitive areas for endangered species (as well as beach and riparian
habitats).
County
Requests State Parks Remove Downed Trees
In July of 2003 the Monterey County Planning Department requested State Parks
to remove the trees that were already felled to (1) prevent erosion of the slopes
resulting in sediment affecting both the water quality along the intertidal zone
and the organisms that live there, and (2) prevent more trees from falling onto
the beach, leading to log battering from wave action and the destruction of organisms
in the rocky intertidal zone.
Require State Parks to
Repair Damage Before Further Cutting
Before any government body approves a permit, whether after-the-fact
or not, State Parks should repair and restore the area damaged by
the illegal work done in 2002.
Repair and restoration should include a thorough study and assessment
of the damage already done, proper removal of felled trees and debris
from hillsides, beaches and riparian habitat, proper chemical treatment
of cut trees and shrubs to insure they are dead and cannot regrow,
and appropriate planting of native species important to the park’s
ecosystem.
State Park’s Poor Planning Threatens
Native Plants and Fire Safety
The concept of removing exotic eucalyptus trees from a state park may
appear to be a worthy cause, but at what cost? The elimination of dozens
of acres of crucial natural habitat for an endangered species and
the damage to the beach and riparian habitat is a tragedy.
Some of the area located within the scope of State Parks’ project
contained important habitat, including seacliff buckwheat, essential
for the survival of the rare and special Smith’s blue butterfly.
Removal of exotic species without removing the debris (particularly
toxic debris from eucalyptus) and without taking effective steps to
prohibit re-growth of the rootstock is not only irresponsible but is
a waste of State resources. A poorly planned project such as this ultimately
threatens to cause more re-growth and an increase to the fire hazard
within the park.
Call to Action!
We call on Monterey County residents to write the Board of Supervisors
and attend the meeting on August 24th in support of our appeal. The
California Department of Parks and Recreation should not be permitted
to implement its “Waterfall House Landscape Maintenance Project” until
(1) Parks restores the area already damaged and (2) submits an adequate
study and plan , with the appropriate level of environmental review,
to address the environmental impact concerns to the coast, to the creatures
who live there, and to the people who enjoy its fragile beauty.
Friends of the Big Sur Coast supports the removal of exotic, non-native
species from the park and forestlands throughout Big Sur and Monterey where
appropriate.
We believe removal plans need to be implemented with sensitivity and
respect for existing native flora and fauna especially where endangered species
and their crucial habitat are involved. A well thought out plan to assure successful
removal of non-native plants must accomplish two goals: (1) prevent damage
to native
species during the removal process and (2) appropriately treat rootstock
to prevent regrowth of the exotic species.
All photos provided by Hidden Hills Productions
The Friends of the Big Sur Coast is a group of concerned citizens
dedicated to monitoring development and environmental restoration or
repair projects, both public and private, along the Monterey County
coastline that may impact the environmental quality of the region.
We strive to assure that equal treatment is given to each project’s
permit applicant by the government agencies responsible for upholding
the laws designed to protect the region for the enjoyment of all local
and State residents, and the many visitors from throughout the world.
