November 9, 1995

Mr. Paul Jorgensen
Colorado Desert District
200 Palm Canyon Drive
Borrego Springs, CA 92004

Via FAX: (619) 767-3427

Dear Mr. Jorgensen:

Per your approval in our telephone conversation this morning, I am submitting via facsimile my written comments to the California State Parks published Negative Declaration regarding the preliminary plan for public use in Coyote Canyon in the Anza-Borrego Desert State Park, per the letter dated October 11, 1995 from Mr. David H. Van Cleve, District Superintendent. For your convenience, I also will a send you copy of my comments via express mail to the above address.

I am a seventh-generation Californian and have been a resident of San Diego County since 1966. I consider myself an environmentalist, with a particular attachment to our nearby desert. My first visit to Coyote Canyon was in 1968. Over the last 25 years I have been a regular, year- round visitor to Anza-Borrego Desert State Park. Last year my family and I visited the park over 20 times, all overnight camping trips...a third of those visits included trips up Coyote Can- yon.

I have seen many positive changes to the area due to your Department's management actions, especially the restrictions placed non-street-legal off-road vehicles many years ago. However, I am distressed by the proposed changes to land use in Coyote Canyon. I honestly would support any and all actions to restrict access to the Canyon, including prohibition on motor vehicle use, providing that those actions are the result of objective, independent, scientific study of the problems. Unfortunately, your Department's proposed Public Use Plan for Coyote Canyon clearly has been formulated in a what appears to be highly political atmosphere, and lacks the firm scientific data needed to make sound management decisions. I urge you in the strongest terms to retract your proposed NEGATIVE DECLARATION and call for a full environmental impact report to be undertaken.

I call for this change in your determination on the basis of the investment of a substantial amount of my time looking at the issues, since the time I was informed of your Department's decisions by an article in the San Diego Union-Tribune's on October 21, 1995. I have read and analyzed all the data provided by your Department on this subject that I could access since that time. I am distressed that much of the data used to make the land use decisions is unpublished and/or lacks hard quantitative data.

I took the time out of my work week to visit the Middle and Upper Willows on October 2, 1995 to survey the affected areas. After that trip I am more convinced than ever that the Department needs to: (1) reconsider the proposed changes to land use in the Canyon and make an honest attempt to accommodate the upper Canyon's major user group, and (2) commission a full envi- ronmental impact study before making any changes to the existing land use plans for the Can- yon. There is no clear case to be made for immediate action. My reasons for calling for a full environmental impact report are given in the attached 20-page document. I hope that you and your staff will take the time on consider my comments carefully. They represent a non-trivial effort on my part, and are reflective of what I feel are the shared opinions of an important Coy- ote Canyon user group, which has up to now, never has voiced a public opinion regarding the Canyon's use.

Best regards,

Bruce D. Lightner

Enclosure: Public Comments by Bruce D. Lightner on the Negative Declaration, Coyote Canyon dated October 10, 1995.



     Nov  9 12:07 1995  B.D. Lightner - NEGATIVE DECLARATION COMMENTS   Page 1











                           Negative Declaration
                       Coyote Canyon Public Use Plan
                          Dated October 10, 1995.







                            PUBLIC COMMENTS






                           November 9, 1995






                          Bruce D. Lightner
                          8551 La Jolla Shores Drive
                          La Jolla, CA 92037
                          (619) 551-0770 (h)
                          (619) 452-6608 ext. 237 (b)


Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 2 California Department of Parks and Recreation Initial Study and Checklist (single page form) PUBLIC COMMENTS: Donald W. Murphy, Director, Department of Parks and Recreation has declared the following: "DETERMINATION: a) On the basis of this initial evaluation: a) I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared." This determination is wrong. The correct response should be: "DETERMINATION: c) I find the proposed project may have a significant effect on the environment, and AN ENVIRONMENTAL IMPACT REPORT is required." Careful analysis of the "Coyote Canyon Public Use Plan Final Draft", dated September 1995, plus the Department's "Environmental Checklist Form", shows that the proposed project clearly MAY HAVE a significant effect on the environment. Below is an item-by-item analysis of the "Coyote Canyon Public Use Plan" summary page (dated September 25, 1995), the statement of "Development Activities to Be Implemented Under the Selected Action" (no date or page numbers), and the "California Department of Parks and Recreation Environmental Checklist Form" submitted by the Department for public review. In making its erroneous determination favoring a NEGATIVE DECLARATION, the Department has ignored a number ramifications of the proposed project with respect to land use and the environment. In addition, the Department's report minimizes and/or discounts the environmental impacts of a number of the proposed changes to Coyote Canyon as part of the proposed project. Many of the question raised by careful, objective analysis of the Department's "Environmental Checklist Form" can only be answered by further study. An environment impact report would answer all of these questions. The Department is urged to play it safe with the environment and change its determination.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 3 Coyote Canyon Public Use Plan Dated September 25, 1995 (summary, 5 pages, no page numbers) PUBLIC COMMENTS: First paragraph: "Central to the plan are a number of preferred actions that will increase the quality of recreation and protect resources of the canyon." These actions do not "increase the quality of recreation": (1) Closing the entire Canyon an additional 30 days (4 months total) (2) Building two canyon-wall to canyon-wall 300-foot long fences (3) Prohibiting all camping in the Middle and Upper Willows (4) Restricting all access to the Middle and Upper Willows to only the small group of individuals capable of (and willing to) hike off-road in the desert. (This especially affects small children, seniors and the physically challenged) (5) Cutting off access to half the Canyon (including Bailey's Cabin, Alder Canyon, Horse Canyon) from access from San Diego County and Borrego Springs. (This adds over three hours round trip for access from the Park Headquarters in Borrego Springs.) Third paragraph: "Monitoring...(1) visitor use survey regarding impacts of plan implementation on quality of recreational experience." How will this be implemented when those most effected by the changes will no longer be visiting the Canyon? "Monitoring...(2) changes in streambed profile in Middle and Upper Willows where motor vehicles drove in the creek and changes in streamflow regime and channelization after vehicle exclusion and episodic storm event." No baseline has been established from which to draw conclusions nor has the Department established that motor vehicles have adversely affected the streambed, especially as compared to the seasonal (and "episodic") storm events (i.e., rainfall) which experience has proven is close to 100% effective at removing all evidence of motor vehicle activity from the Coyote Canyon creek bed each winter. "Monitoring...(3) amount of revegetation of riparian area where motor vehicular use in the past reduced cover to 0-20%" It will be no surprise to anyone that the vegetation will once again
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 4 grow in the road. This has been know to man since prehistoric times...grass doesn't grow very well on the trails. That's what makes them trails! When wheeled vehicles were invented, our ancestors soon noticed that grass did not grow in the wagon wheel tracks either. The real issue is whether this represents an important impact on the "riparian area". The data presented in the "Coyote Canyon Public Use Plan" does not make such a case. Field observation over the period since the 1992-93 storms in the Lower and Upper Willows areas shows that the area has proven very robust, having completely recovered from 100% removal of vegetation in many areas of the canyon. One also must question the impact of the impending 100% reduction in vegetation due to the Department's planned trail through the Lower and Upper Willows. The existing Department maintained horse/hiking trail through the Lower Willows is the same width as the current vehicle trails through the Middle and Upper Willows, where those trails cross vegetated areas. "Monitoring...(4) changes in amphibian use of aquatic canyon bottomlands and use of Middle and Upper Willows by bighorn sheep, least Bell's vireo and southwestern willow flycatcher." All of the areas mentioned are in the process of rebound from the 1992-93 storm which removed much of the vegetation from those areas, depositing debris from the canyon bottom 10 miles downstream, and filling the canyon bottomlands with so much sand that the stream temporarily disappeared from the surface in most areas of the Canyon. Any conclusions drawn from monitoring over the next several years will be meaningless with respect to the impact of the proposed restrictions to the use of the Canyon because of the moving baseline caused by the ongoing recovery from 1992-93 canyon flood damage. "If the results of the above monitoring do not demonstrate overall improved health of recreational or resource values, the Department will give serious consideration to modifying the plan to increase vehicular access in the canyon." The same comments apply. The proposed five-year monitoring period is slated to begin two years after the end of an what the Department claims is the equivalent of a "100-year flood" event in the Canyon. The Lower, Middle and Upper Willows are still recovering from the destruction caused by this event. The pace of recovery has been excellent and can be expected to continue. Those individuals without a hidden agenda to permanently eliminate motor vehicles from the Canyon would admit that under these circumstances a fair assessment of the impact of motor vehicles cannot be made with this "test". "Lack of improvement attributed to major natural events will be discounted." Given the terms of the proposed 5-year "test", the cynics among us might ask if this is just a lame attempt to show fairness.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 5 Development Activities to Be Implemented Under the Selected Action (no date, 3 pages, no page numbers) PUBLIC COMMENTS: Section 1., Middle Willows Road Closure Fence: First paragraph: "...a fence barrier to vehicle [sic] will be constructed across the wash from bank to bank (Figure 1). The fence will be approximately 315 feet long, 5 feet high and constructed of 4 smooth wire strands. The fence will be...designed to reduce the likelihood of injuring bighorn sheep. ...fence will have a lockable "ranch" type gate installed for emergency vehicle access." The Department has failed to consider the true impact of the proposed barrier in the proposed location (i.e., in the canyon bottom), and its extent (i.e., canyon-wall to canyon wall). By the Departments own words, the fence represents a potential menace to the very bighorn sheep the Department claims it wants to protect, as well as other of the larger animals which frequent the area. Furthermore, anyone with experience in the desert fences of this type, and the Coyote Canyon ecosystem in particular will recognize that the proposed fence can be expected to load up with wind- and water-born debris. The impact of this certain eventually on the environment of the adjacent Willows, the streambed, and the riparian habitat has not been considered in its report. One also has to question the proposed "ranch" type gate in light of the Department's "Coyote Canyon Public Use Plan" document's conclusion that vehicular activity of any kind is detrimental to the area. Does the Department plan to drive through the Willows? Third paragraph: "The relatively flat, open wash area, immediately adjacent and downstream from the barrier, and on either side of the read, will be designated as a trailhead and will provide adequate trailhead parking." The Department is changing the fundamental recreational use of the Middle and Upper Willows area from places that most visitors pass through without stopping to a primary recreational "destination". The supporting documentation ("Coyote Canyon Public Use Plan Final Draft") does not address this fact, nor is any attempt made to forecast the impact of this major use change on the environment and cultural resources of the Middle and Upper Willows areas. Section 2., Upper Willows Road Closure Fence: First paragraph:
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 6 "A fence barrier to vehicles will be constructed at the upstream end of Upper Willows (Figure 1). The fence will extend approximately 320 feet long from bank to bank across the wash. Material and construction will be the same as noted above for the Middle Willows fence." The same comments as with Section 1, paragraph 1, apply. In addition, one wonders what the impact of 300+ feet of wire fencing and attached posts will be during flood times as this mass is pulled by flood waters through the riparian habitat of the Upper and Middle Willows areas. The Department needs to make a formal study of the environmental impact of the proposed barrier to the natural movement of wildlife and debris through the canyon bottom. Also, does the Department plan to drive through the approximately three mile streambed between the proposed fences? Second paragraph: "Trailhead parking is available along the road adjacent to the fence." The same comment as with Section 1, paragraph 3, applies. The Department has failed to consider the impacts of the expected major change in use of the Middle and Upper Willows areas. Once again, leaving the road open to motorized vehicles, possibly rerouting the vehicle trail, may prove the better alternative. Section 3., Equestrian, Hiking and Mountain Bike Trails Through the Middle and Upper Willows Section: Second paragraph: "Three to 3.5 acres of former motorized vehicle road through the main canyon bottom will be eliminated, 1.5 acres or more of which is potential riparian habitat within the limits of the two oases. Approximately one-forth of the former road, in area, will be required to accommodate the trail-only alignment, resulting in a net gain in undisturbed habitat of 2.3 to 2.6 acres." The primary basis for the recommended closing of the Canyon to motor vehicles is the alleged impact on the riparian habitat. The above justification is a prime example of the distorted logic and "facts" being used to justify what appears to be a foregone conclusion by the Department. A close examination of the above facts shows the following: 1. An independent survey of the area in question on November 2, 1995 shows that estimate of "3.0-3.5 acres of motorized vehicle road" too high by at least a factor of two. 2. The same survey indicates that the estimate of the amount of potential riparian habitat gain is too high by a factor of four. The Department seems to be using numbers for the width of the vehicle trails in the area (12 feet?) which are much wider than what is observed (6 feet) in the Middle and Upper Willows today. The
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 7 trail-width numbers being used for the proposed mountain bike, horseback and hiking trail seems to be 3 feet. This is not a practical width through the riparian habitat, which is best characterized as a "jungle", nor is it the standard being used today in the Lower Willows area. The numbers regarding reclaimed habitat being used to justify the closure of the Willows to motorized traffic need to be recalculated to reflect the truth. The conclusions which were drawn on the basis of these erroneous numbers also must be re-examined. Section 4., Mountain Bikes First paragraph: "In addition, mountain bike policy in Colorado Desert District is that bikes are not permitted on single track trails (non-motorized vehicle roads). Once the read is closed along the 3.1 mile segment, and exception will be made in this case to provide use of the new trail because no alternative exists for access to the north around Middle and Upper Willows." It is unclear why the Department is breaking its own rules to accommodate mountain bikes, a very small use community indeed. Those rules were made for a reason. If, in fact, these wheeled vehicles are not considered a problem; motorized vehicles should not be considered a problem as well.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 8 California Department of Parks and Recreation ENVIRONMENTAL CHECKLIST FORM (no date, 8 pages) Project Location: Coyote Canyon, Borrego Springs San Diego & Riverside County Description of Project: "See the following pages for summary of Coyote Canyon Public Use Plan and Development Activities to be Implemented Under the Selected Action." PUBLIC COMMENTS: Environmental Impacts: 1. EARTH, Item b: Disruptions, displacements, compaction or over-covering of the soil? NO The Departments response to this question is incorrect. The proper response is YES for any the following reasons: 1. The establishment of two new trailheads with automobile parking areas will adversely impact the soil in these areas. Soil compaction can be expected. 2. The construction of two 300+ foot long canyon-wall to canyon-wall fences will in itself disturb the soil, but more importantly, will result in disruptions, displacements and overcovering of soil in the canyon bottoms near the fences. 3. The construction of new trails between the fences to be installed at the Middle and Upper Willows will result in disruptions, displacements, compaction and overcovering of soil. 1. EARTH, Item c: Change in topology or ground surface relief features? YES The Department's response to the question is correct, but the explanation is is questionable and incomplete: "Removal of motorized vehicle use over 3.1 miles of Coyote Canyon Road, much of it through Coyote Creek will stop the downward cutting of the road surface from vehicle activity. Soil erosion and sedimentation of the creek is expected to be reduced." Less than 20% of the road 3.1 miles section of road (not "much of it") currently runs in Coyote Creek. (This fraction could be reduced further by the placement of a few simple simple signs by the Department.) The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to show that motorized vehicle use has significantly contributed to "soil erosion and sedimentation of the creek". Independent observations have shown that natural erosion from storms and water flow clearly have a overwhelming, dominant effect.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 9 In fact, the construction of the Department's proposed trail through this same 3.1 mile section of the canyon will create a change in topology and ground surface relief features. Use of this trail by mountain bikes, domestic horses, hikers and feral horses can be expected to exacerbate these changes to the canyon topology. I. EARTH, Item e: Any increase in wind or water erosion of soils, either on of off the site? NO. The Department's response to this question is incorrect. The correct answer is MAYBE. The construction of two 300+ foot long canyon-wall to canyon-wall fences will have an unpredictable impact on the soils in the canyon bottom adjacent to the two fences. Of particular concern is the impact of wind- and water-born debris which can be expected to collect against the fences and change water (and wind) flow patterns. This issue needs further study. Also, the proposed new trailhead and new hiking, horse, and mountain-bike trail through the canyon will have a direct impact on wind or water erosion of soils on and adjacent to the trailhead and trail. Subsequent use of the trail by mountain bikes, domestic horses, hikers and wild horses can be expected to compound the impact of these changes. I. EARTH, Item f: Changes in deposition or erosion of beachsands, or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES. The Department's response to the question is correct, but the explanation lacks substance, and is incomplete: "The portion of the creek that the road now passes directly through will be subject to less erosion once traffic is eliminated." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to establish any quantitative measure of this effect. Something more than the statement "subject to less erosion" is needed for the purposes of this checklist. An independent, objective study will show that when compared to the historic natural erosion of the creek by the year-round stream flow and the yearly storms (and occasional floods), the erosion attributable to the small number of motorized vehicles which traverse the canyon is insignificant. The real reason for answering this question in the affirmative is that the construction of two 300+ foot long canyon-wall to canyon-wall fences will have an unpredictable impact on canyon bottom adjacent to the two fences. Of particular concern is the impact of wind- and water-born debris which can be expected to collect against the fences and change water (and wind) flow patterns. This issue needs further study.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 10 In addition, the proposed new trailhead and new hiking, horse, and mountain-bike trail through the canyon will have a direct impact on wind or water erosion of soils on and adjacent to the trailhead and trail. Subsequent use of the trail by mountain bikes, domestic horses, hikers and wild horses can be expected to compound the impact of these changes. II. AIR, Item c: Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? NO. The Department's response to the question is incorrect. The correct answer is MAYBE. The construction of two 5 foot-high, 300+ foot-long fences in the canyon bottom, wall-to-wall, will have an unpredictable impact on the micro-climate in the adjacent areas of the canyon. Of particular concern is the unknown impact of wind- and water-born debris which can be expected to collect against the fences and change wind and water flow patterns. This issue needs further study. III. WATER, Item a: Changes in currents, or the course of direction of water movements in either marine of fresh water? MAYBE. The Department's response to the question may be correct, but the reasons given have not yet been established by a proper study: "The course of the creek may naturally fluctuate and different alignments where motorized traffic is eliminated due to the reduced channelization and down cutting that vehicle traffic causes." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to establish the existence of, or a quantitative measure of, this alleged effect. An independent, objective, scientific study will show that, when compared to the historic natural erosion of the creek by the year-round stream flow and the yearly storms (and occasional floods), the erosion attributable to motorized vehicles which traverse the canyon is insignificant. III. WATER, Item b: Changes in absorption rates, drainage patters [sic], or the rate and amount of surface runoff? MAYBE. The Department's response to the question may be correct, but the reasons given have not yet been established by a proper study: "Where motorized vehicle use is eliminated, vegetation cover is expect to increase and erosion is expected to decrease. These factors may result in a slower runoff rate and increased absorption." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to establish the existence of, or a quantitative measure of, this alleged effect. An independent, objective, scientific study will show that, when compared to the historic natural erosion of the creek by the year-round stream flow and the yearly storms (and occasional floods), the erosion
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 11 attributable to motorized vehicles which traverse the canyon is insignificant. III. WATER, Item c: Alterations to the course or flow of flood waters? MAYBE. The Department's response to the question may be correct, but the reasons given have not yet been established by a proper study and the impact of other proposed changes to the canyon have been ignored. The correct answer probably should be YES> "The course of the creek may naturally fluctuate and different alignments where motorized traffic is eliminated due to the reduced channelization and down cutting that vehicle traffic causes." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to establish the existence of, or a quantitative measure, of this alleged effect. An independent, objective, scientific study will show that, when compared to the historic natural erosion of the creek by the year-round stream flow and the yearly storms (and occasional floods), the erosion attributable to motorized vehicles which traverse the canyon is insignificant. More importantly, the construction of two 5 foot-high, 300+ foot-long fences in the canyon bottom, wall-to-wall, will have predictable impacts during times of flooding. Water-born debris which can be expected to collect against the fences and radically change flood water flow patterns. This may result in the mass destruction of riparian habitat areas which otherwise would be spared by flood waters. The impact of the proposed fences needs further study. III. WATER, Item d: Changes in the amount of surface water in any water body? MAYBE. The Department's response to the question may be correct, but the reasons given have not yet been established by a proper study: "As the result of the effects noted in III b, there may, on the average be more surface water flowing in the creek." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to establish the existence of, or a quantitative measure of, the alleged effect of the occasional passage of motor vehicles. An independent, objective, scientific study will show that, when compared to the historic natural erosion of the creek by the year-round stream flow and the yearly storms (and occasional floods), the erosion attributable to motorized vehicles which traverse the canyon is insignificant. III. WATER, Item e: Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? MAYBE. The Department's response to the question may be correct, but the reasons given have not yet been established by a proper study:
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 12 "The reduction in motorized vehicle use is expected to result in lower turbidity in the creek and lower petroleum pollution levels." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to show that motorized vehicle use has had significant impact on the creek by added turbidity in the creek, or by raising petroleum pollution levels to even a measurable level. Further objective, independent, quantitative, scientific study of these impacts are needed. III. WATER, Item f: Alteration of the direction or rate of flow of ground waters? MAYBE. The Department's response to the question may be correct, but the reasons given are confusing and do not appear to have been established by a proper study: "Minor alteration of ground water may occur as a result of the effects noted in III. Any ground water change is expected to be a positive one - with increased groundwater recharge and lower polluant [sic] levels." The explanation contains typographical errors, including a missing item number in the sentence "...result of the effects noted in III" which makes it difficult to interpret the meaning of the comment. The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) does not appear to support this conclusion. This subject needs further study to determine whether a significant impact on groundwater can be expected. However, the construction of two 5 foot-high, 300+ foot-long fences in the canyon bottom, wall-to-wall, will have predictable impacts during times of flooding. Water-born debris can be expected to collect against the fences and radically change flood water flow patterns. This may result in direct changes to groundwater flow due to sediment changes in the canyon bottom. After the 1992-93 floods, the creek went underground in the same areas, as the direct result of flood-induced changes to the groundwater flow. This issue needs more study. IV. PLANT LIFE, Item a: Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants?) MAYBE. The Department's response to the question may be correct, but the reason given is only partially correct and and ignores the impact of the proposed fences in the canyon: "The distribution and diversity of aquatic plants, riparian trees, riparian shrubs and forbs is expected to increase where motorized vehicle traffic is eliminated." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) does not support this conjecture regarding plant diversity. An independent, objective, quantitative, scientific study of this question is needed.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 13 In answering this question, the Department has ignored that fact that the creation of two trailheads and a new trail system through the Middle and Upper Willows area will radically change human use of these oases. One can expect these changes to directly affect the plant life in the area. V. ANIMAL LIFE, Item a: Change in the diversity of species, or numbers of any species of animals (birds, lands animals, including reptiles, fish and shellfish, benthic organisms or insects)? MAYBE. The Department's response to the question may be correct, but the reason given is not supported by the facts and ignores the impact of the proposed fences in the canyon: "The elimination of motorized vehicles through the creek is expected to result in increases in diversity and number of aquatic invertebrates, amphibians and birds in the riparian zone." The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) does not clearly support this conjecture regarding animal diversity. An independent, objective, quantitative, scientific study of this question is needed. In answering this question, the Department has ignored that fact that the construction of two 300+ foot long canyon-wall to canyon-wall fences will have an unpredictable impact on animal life in the area by presenting a barrier to heretofore free movement through the canyon. In addition, the creation of two trailheads and a new trail system through the Middle and Upper Willows area will radically change human use of these oases. One can expect these changes to directly affect the animal life which frequents the area, especially the larger mammals, such as the bighorn sheep and the feral horses. V. ANIMAL LIFE, Item b: Reduction of the numbers of any unique, rare, or endangered species or animals? NO. The Department's response to the question is incorrect and should be MAYBE. In answering this question, the Department has ignored that fact that the construction of two 300+ foot long canyon-wall to canyon-wall fences will have an unpredictable impact on animal life in the area by presenting a barrier to heretofore free movement of rare and endangered animals through the canyon. In addition, the creation of two trailheads and a new trail system through the Middle and Upper Willows area will radically change human use of these oases. One can expect these changes to directly affect the animal life which frequents the area, especially the larger mammals such as the bighorn sheep, and their interaction and competition with the Canyon's feral horses. An independent, objective, scientific study of this question is needed. V. ANIMAL LIFE, Item c: Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? NO.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 14 The Department's response to the question is incorrect and clearly should be MAYBE. In answering this question, the Department has ignored that fact that the construction of two 300+ foot long canyon-wall to canyon-wall fences will present a barrier to heretofore free movement of ground animals through the canyon. An independent, objective, scientific study of this question is needed. V. ANIMAL LIFE, Item d: Deterioration of existing fish or wildlife habitat? NO. The Department's response to the question is incorrect and should be MAYBE. In answering this question, the Department has ignored that fact that the construction of two 300+ foot long canyon-wall to canyon-wall fences will have an unpredictable impact on animal life in the area by presenting a barrier to heretofore free movement through the canyon. In addition, the creation of two trailheads and a new trail system through the Middle and Upper Willows area will radically change human use of these oases. One can expect these changes to directly affect the animal life which frequents the area, especially the larger mammals such as the bighorn sheep and the Canyon's feral horses. An independent, objective, scientific study of this question is needed. VIII. LAND USE, Item a: Substantial alteration of the present or planned land use of an area? YES. The Department's response to this question is correct, but the explanation fails to communicate the magnitude of this change to the historic uses of the affected areas: "Elimination of motorized vehicle use over 3.1 miles of road and improved passive recreation in the Wilderness Area will alter current land use." It is unclear what "passive recreation" means so it is impossible to determine whether the proposed actions will somehow "improve" this use. However, the trails through the Middle and Upper Willows has been in use since before the first European expeditions entered the Canyon in the 1700's. The canyon has been used for wagon traffic for well over 100 years. In fact, the road through Coyote Canyon probably is the last remaining road of its kind in its original natural state still in use in California. The existing historic road through the Middle and Upper Willows Areas provides an important contingent of Wilderness Area users access to parts of Coyote Canyon which would otherwise be inaccessible to those users. Such users includes seniors, the physically challenged, families with young children, and those otherwise unable (or unwilling) to brave the desert climate and hike with their belongings off-road. "Car camping" is has been a tradition in this country since the advent of the automobile. Arbitrarily denying that life-style to the current
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 15 Wilderness Area user community is not part of the Department's charter. Arguments to the effect that "most of Coyote Canyon remains accessible to motor vehicles" ignores that fact that the proposed road closure cuts the Wilderness Area right down the middle, adding more than three hours to a trip to the upper half of the Canyon from Borrego Springs. Similar additional travel times will be required by those accessing Coyote Canyon from Riverside County. As a result, it becomes impractical to visit the length of Canyon in one day. This is a substantial negative impact on existing land use. The Department's proposal will result in the loss of this unique area to a large population of Californians. The Department's study of this area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed to make a case for the proposed actions under comment here. Besides lacking a clear scientific mandate for the conclusions that motor vehicles are doing damage to the Willows oases, the report gave no serious consideration to the realignment of the roadway in the area of the Middle and Upper Willows. In particular, the authors of the report seemingly lacked expertise in the area of civil engineering and road-building, or they would have given serious consideration to other wilderness road building techniques, besides the single "cut, fill and bridge" technique considered in the study. An independent, objective, study by individuals trained in these matters is needed. IX. NATURAL RESOURCES, Item a: Increase in the rate of use of any natural resources? NO. The Department's response to this question is wrong and should be MAYBE. The closure of the road to motor vehicle access will surely increase the number of miles driven by the Department's vehicles in patrolling the upper reaches of the canyon with a corresponding increase in the use of motor vehicle fuel. In addition, the added distance visitors will have to drive will cause increased use of petroleum products. Of course, fewer people may visit Coyote Canyon because of the road closure. The Department's study of the area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed collect anything but crude estimates of the number of motor vehicles which visit the Middle and Upper Willows areas, so it is hard to draw conclusions. Clearly, better numbers (or any numbers) regarding the makeup of visitor use of the Canyon needs to be collected. It is hard to imagine making informed decisions regarding the proposed public use plan for Coyote Canyon without quantitative data regarding existing Wilderness Area use. XIII. TRANSPORTATION/CIRCULATION, Item a: Generation of substantial additional vehicular movement? NO. The Department's response to this question is wrong and should be MAYBE. The closure of the road to motor vehicle access will surely increase the number of miles driven by the Department's vehicles in patrolling
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 16 the upper reaches of the canyon with a corresponding increase in miles driven. In addition, the added distance visitors will have to drive will cause increased vehicle use. Of course, fewer people may visit Coyote Canyon because of the road closure. The Department's study of the area (reported in "Coyote Canyon Public Use Plan" Final Draft, September 1995) failed collect anything but crude estimates of the number of motor vehicles which visit the Middle and Upper Willows areas, so it is hard to draw conclusions. Clearly, better numbers (or any numbers) regarding the makeup of visitor use of the Canyon needs to be collected. XIII. TRANSPORTATION/CIRCULATION, Item a: Effects on existing parking facilities, or demand for new parking? NO. The Department's response to this question is wrong and should be YES. The creation of two new trailheads at the Middle and Upper Willows area will require new parking areas at the trailheads. XIII. TRANSPORTATION/CIRCULATION, Item f: Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? NO. The Department's response to this question is wrong and should be YES. The proposed changes to the Canyon will eliminate one-way traffic from Anza, through Coyote Canyon, and on to Borrego Springs. After the proposed fence construction, any and all vehicles entering the Canyon from Anza, will have to leave via the steep and sometimes challenging road at the north end (Turkey Track). The Department can expect to find vehicles and/or drivers in the upper section of the Canyon which are capable of going down Turkey Track but not back up, due to the difficulty of the road. This will especially be the case after/during rain storms and/or flash floods in the canyon. The proposed changes to the land use in Coyote Canyon will create new traffic hazards, and may result in serious injury or even death to Park users. XIV. PUBLIC SERVICES, Item d: Parks or other recreation services. MAYBE. The Department's response to this question is wrong and should be YES. "Motorized vehicle recreation will be eliminated along Coyote Canyon Road, pedestrian, equestrian and mountain bike use may increase or remain the same. The user grout [sic] potentially affected includes those that want to experience the challenge of completing the entire canyon drive-through; these users are relatively few in numbers. Approximately 85% if the current vehicle access in the canyon (nearly 23 miles) will continue to be available. The Department still permits motorized vehicles on approximately 490 miles of unimproved corridors, of which about 75 miles are considered challenging." Cutting Coyote Canyon in two with a 90+ minute detour required to access the upper reaches of the canyon from Borrego Springs will surely alter the Department's existing modes of operation. The Department's explanation of its answer to the question raises questions of its own about the Department's understanding of the "relatively few in number"
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 17 users of the upper sections of the canyon. It is clear from personal experience (gathered over 20 years of regular visits to the upper sections of Coyote Canyon during all times of the year), that the majority of the users of the upper canyon area are motor vehicle users...not hikers, not pedestrians, not mountain bike riders, and not equestrians. By far, the largest user community of the area in question is being prohibited from, or severely restricted in, doing what they have always done, without any clear justification based on a fair study. XIV. PUBLIC SERVICES, Item e: Maintenance of public facilities, including roads? MAYBE. The Department's response to this question may be correct, but the explanation ignores other maintenance issues: "Closure of the roadway through the willows areas will reduce the road maintenance required of the Department. Maintenance of the fencelines, gates and interpretative and roadway signage will be an increased maintenance need and will vary with incidences of vandalism." The Department's explanation ignores the need of regular maintenance of the proposed two new trailheads and trail between the Middle and Upper Willows fences. XIV. PUBLIC SERVICES, Item f: Other government services? NO. The Department's response to this question is incorrect and should be YES. The Department has ignored the proposed requirement for at least 5 years of monitoring, including visitor use, streambed profile, revegetation of riparian area, and changes in animal use of willows areas. XVIII. PLAN CONFORMANCE, Item a: Conflict with the State Park System's Unit's adopted Genera [sic] Plan? NO. The Department's response to this question is incorrect and should be MAYBE. The proposed actions by the Department may be in conflict with the General Plan. The "Coyote Canyon Public Use Plan" Final Draft, September 1995 document used to justify the proposed actions, and answer these questions, is incomplete, lacks the necessary depth, is wrong in many places, is based largely on unpublished data, and shows evidence of bias in the interpretation of what should be scientific data. More study, including a formal environmental impact report is needed before any action is taken. Failure to do so may subject the Department to legal action by park users and/or State or Federal agencies. XVIII. PLAN CONFORMANCE, Item b: Conflict with the Department of Park and Recreation's Resource Management Directives? NO. The Department's response to this question is incorrect and should be MAYBE.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 18 The proposed actions by the Department may be in conflict with the existing Management Directives. The "Coyote Canyon Public Use Plan" Final Draft, September 1995, used to justify the proposed actions, and answer these questions, is incomplete, lacks the necessary depth, is wrong in many places, is based largely on unpublished data, and shows evidence of bias in the interpretation of what should be scientific data. More study, including a formal environmental impact report is needed before any action is taken. Failure to do so may subject the Department to legal action by park users and/or State or Federal agencies. XVIII. PLAN CONFORMANCE, Item c: Conflicts with any other applicable adopted plan? NO. The Department's response to this question is incorrect and should be MAYBE. The proposed implementation of the Coyote Canyon Public Use Plan should be delayed until the creation of a Public Use Plan for the entire Anza-Borrego Desert State Park. The proposed closure of the Middle and Upper Willows areas will eliminate access to parts of the Wilderness Area to certain physically challenged individuals. This action is being proposed with out due considerations of these individuals' rights of access to public facilities. These rights are protected under both California State and U.S. Federal law. This issue needs more study. Failure to do so may subject the Department to legal action by park users and/or State or Federal agencies. XIX. AESTHETICS, Item a: The obstruction of any scenic vista or view open to the public? NO. The Department's response to this question is incorrect and should be YES. The construction of two man-made 5 foot-high, 300+ foot-long fences in the canyon bottom, wall-to-wall, in a previously pristine wilderness area will have an obvious adverse impact on the visual experience of visitors. XIX. AESTHETICS, Item b: The creation of an aesthetically offensive site open to the public? NO. The Department's response to this question is incorrect and should be MAYBE, if not YES. The appearance of a man-made 5 foot-high, 300+ foot-long fence in the canyon bottom, wall-to-wall, in what was previously a pristine wilderness area, blocking a primitive and historic road, will be deemed by many visitors as offensive. XX. RECREATION, Item a: Impact upon the quality or quantity of existing recreation opportunities? YES. The Department's response to this question is correct but the
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 19 explanation lacks quantitative substance and fails to convey the true impact of the proposed changes: "Recreation opportunities will be reduced for a small percentage of the user groups visiting Coyote Canyon, specifically motorized vehicle users that are interested in the through route through the canyon. Other user groups are expected to experience an increased recreational experience due to the improved condition of the canyon and the reduced vehicular noise in high use visitor areas." Today, the major user of the the upper sections of the Canyon is the "small percentage of...user groups visiting Coyote Canyon" mentioned in the Department's explanation. This alleged "small" group of motorized vehicle users will be the only group affected by the the proposed closure of the Canyon. The "other [upper canyon] user groups" referred to in the explanation are a tiny population indeed. These are the hikers, equestrians, and mountain bikers which seldom are seen in the upper canyon areas. Claiming that their alleged "increased recreational experience" justifies the closure for the much larger group of motorized vehicle users is wrong. Besides, the "Coyote Canyon Public Use Plan" Final Draft, September 1995, used to justify the proposed actions, fails to substantiate the claim that an "improved condition of the canyon" will result from prohibiting motor vehicles. Also, the issue of "reduced vehicular noise in high use areas" was never discussed in the above mentioned Plan. One wonders what areas the Department could be referring to...there are no "high use visitor areas" in the upper canyon areas today. With the motor vehicles gone, the place will be very empty indeed. XX. CULTURAL RESOURCES, Item a: Have the potential to cause physical change which would affect unique ethnic cultural values? MAYBE. The Department's response to this question may be correct explanation may be wrong: "Reduced motorized vehicle travel within the willows oases is expected to reduce direct impacts to natural resources from traffic and indirect impacts to cultural resources along the present roadway from vandalism." The "Coyote Canyon Public Use Plan" Final Draft, September 1995, used to justify the proposed actions does not establish a case for reduced vandalism by limiting vehicular traffic. In fact, the impact of the two trailheads and the trail between Lower and Middle Willows may increase the level of vandalism at the sensitive cultural sites. This is because the Willows oases with be converted into "forced destinations" for visitors, especially the majority of visitors, who will be traveling by motor vehicle. Where before the oases were "spots along the road", now people will be forced to stop and look around because the road will end. Also, due to the reduced accessibility of the Department's patrols to the canyon above Upper Willows, increased vandalism to cultural sites in this area can be expected.
Nov 9 12:07 1995 B.D. Lightner - NEGATIVE DECLARATION COMMENTS Page 20 XXIV. DISCUSSION OF LAND USE IMPACTS. An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls. "The closing of approximately 3.1 miles of roadway through Coyote Creek will eliminate the through vehicular route utilized by a relatively small porportion [sic] of the visiting public. The result of this action is to increase the protection of natural, physical and cultural resources present within the vicinity and directly adjacent to the current use. This action is consistent with state and federal laws and policies aimed at preserving our natural heritage. Further, the project is consistent with the California Department of Parks and Recreation land use, general planning and resource management guidelines. Anza Borrego Desert State Park does not presently have a General Plan (GP). The GP process is underway and completion is expect in a minimum of 4 year." The justification for the closing of the historic and unique roadway through Coyote Creek by claiming it affects a "relatively small porportion [sic] of the visiting public" is not a valid one. The Department has not even collected basic data to determine the makeup of the affected user community, their numbers, and the true effects on their life styles by the proposed changes. Clearly, the special needs of seniors and the physically challenged have been completely ignored. Lacking hard numbers, the Department seeks to mitigate its ignorance of the true quantitative impacts of the road closing by the claim that a small "percentage" is impacted. This same logic can be used to close the entire canyon, or the entire Ana-Borrego park system...after all, only a small percentage of Californians visit the park each year. This kind of reasoning has been used by governments down through the ages to justify many things, including slavery, tyranny, and even genocide. The supporting documentation which accompanies the Environmental Checklist Form, the "Coyote Canyon Public Use Plan" Final Draft, September 1995, does not support the above strong statements regarding land use impacts. The Department has abdicated its responsibilities to the California taxpayers by not investing in the necessary careful study of this matter, in order to find the true impact of their proposed changes. A formal environmental impact report needs to be filed, supported by a full study of the impact on the environment, and the user community, by the proposed changes. In addition, the implementation of the Coyote Canyon Public Use Plan should be delayed until the Department has taken the time to produce, at the very least, a draft General Plan (GP) for the Anza Borrego Desert State Park. The GP is should be the guiding document for any changes to the Coyote Canyon Wilderness Area Public Use Plan.