We'll begin this article with a happy ending to Deridder's plan, then we will report on a new threat to Montgomery WoodsÑa road through a portion of the Reserve, right up against old growth trees and the banks of a stream frequented by endangered steelhead trout.
The good news is that Deridder sold his 75-acre property after relatively few trees were cut, thanks to the persistence and courage of forest defenders. Last spring, residents of the Montgomery Woods area and supporters from elsewhere in the county were holding a vigil at the road leading into the property when a logging crew arrived to resume cutting. The activists, who had discovered two trees felled into a fish-bearing stream, were able to hold the loggers at bay with dialogue and the prospect of civil disobedience until California Department of Forestry (CDF) officers arrived and temporarily shut down the operation.
The activists then prevailed upon CDF and the U.S. Fish and Wildlife Service to deny Deridder's request to finish the cut after commencement of a logging moratorium during marbled murrelet nesting season. This bought time for the property to be purchased from Deridder, and the new owner does not intend to do any more logging.
William Deridder's logging plan threatened Montgomery Woods from a short distance since it was just outside the State Reserve, but a planned road leading to property owned by Jonathan Cook is a more direct threat. If built, this road would literally push up against old growth redwoods within the Reserve. It would also cause sediment to run into Pruitt Creek, a tributary of Big River. Steelhead trout spawn in Pruitt Creek, and Big River is populated by steelhead and Coho salmon. Both fish are on the federal Threatened and Endangered Species List. Montgomery Woods has been listed as critical habitat for endangered marbled murrelets, birds that are on the brink of extinction.
Jonathan Cook's property is situated about a quarter-mile north of Orr Springs Road, with one of the Montgomery Woods redwood groves located between this county road and his property line. The only reason that a private road through Montgomery Woods is even a possibility is that when a parcel that includes the redwood grove was purchased from the Orr family over 30 years ago and added to the Reserve, an access easement to what is now Cook's property was added to the deed. At the time that this deed was granted, there was no Endangered Species Act, and steelhead trout, Coho salmon and marbled murrelets were not considered to be imperiled.
Cook's easement is described in his deed as running along the course of an old road, but this erstwhile road has become overgrown and is now a path, as narrow as a few feet in places. And, contrary to a map that Cook has been circulating, it is directly adjacent to Pruitt Creek for much of its way through the Reserve to his property. (On the map, the path appears to be over 100 feet from the creek.) To convert the path to a road would entail cutting into the steep hillside opposite the creek, releasing large quantities of sediment, and sediment would continue to slough off the road cut every season. Sediment destroys steelhead and salmon habitat.
The path that Cook wants to turn into a road passes very close to many old growth trees, between trees in some places. In one location there is only ten feet between two trees. A road would have to span the full distance between these trees, compacting soil and possibly causing root damage. Similar situations exist in several other locations.
Finally, there is the problem of a bridge. After hanging on the east bank of Pruitt Creek for about two-thirds of the way to Cook's property, the path crosses to the west side of the creek. If a road is built, a bridge would also have to be built, and a bridge would mean lots more sediment. Significant excavating would be required for abutments, alignments and curve radiuses.
Several state and federal agencies have jurisdiction over road-building in Montgomery Woods Reserve, and field workers within these agencies are very concerned about Cook's road plan. Montgomery Woods is administered by the State Department of Parks and Recreation. This agency is opposed to the road, but feels that it is in a legal bind because of the easement that is attached to Cook's property.
The National Marine Fisheries Service (NMFS) would like to block any road construction by invoking the Endangered Species Act, but the Act only empowers the agency to stop an ongoing violation (releasing sediment), not to block a potential one (building a road).
The State Department of Fish and Game can require Cook to apply for a permit to build a road and bridge, but has been apprehensive about being sued by Cook's high-powered Sacramento attorneys.
Despite legal intimidation, the public agencies have taken some decisive steps. State Parks is looking into a restraining order. NMFS has collected sediment samples from Pruitt Creek as baseline references should any road-building by Cook contaminate the creek. Fish and Game had a geomorphologist inspect the road right-of-way and write a report.
The best solution for this property rights versus endangered species dilemma would be for Cook's parcel to be purchased and added to Montgomery Woods. Unfortunately, when Save The Redwoods League approached Cook with a proposal, he demanded three times the appraised value of the property.
At this point, it appears that Fish and Game's geological study and report is the key to preventing Cook from building the road and bridge. Word has it that that the report's conclusions would require Cook to apply for a permit, even though he owns the easement. In turn, a permit application would trigger a California Environmental Quality Act review and consideration of endangered species.
It has been a while now since Fish and Game's report has been finished, but higher-ups in the agency seem to be dragging their feet in releasing it. As a general rule, the closer bureaucrats are to the governor's office, the more reluctant they are to act in the name of the environment.
Phone the Mendocino Environmental Center to get an update. If the Jonathan Cook road situation is still at an impasse, please make the following phone calls:
Phone Fish and Game Director Bob Hight at (916) 653-7667 and urge that Cook be required to obtain a permit before doing any road construction within Montgomery Woods State Reserve. Ask what is happening with the report on the geological study that Fish and Game conducted. If it still hasn't been released, why not?
Phone State Senator Wesley Chesbro at (707) 468-8914 and State Assembly Member Virginia Strom-Martin at (707) 463-5770; talk with their staff and request that they put pressure on Fish and Game to release the geological study and require Cook to obtain the permit. Also, urge that the State Parks Mendocino Coast office not be shut down by Governor Grey Davis, and that Environmental Specialist staff positions not be eliminated.
Come to the MEC and view an excellent video on the Montgomery Woods/Jonathan Cook road issue. Show the video to your friends and ask them to make the above phone calls.
Copyright Mendocino Environmental Center 2003
Permission granted to excerpt or use this article if source is cited