Appendix — Sierra Club v. Morton

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OFFICE GCPY | “ee

__ APPENDIX | .

Ou the Supreme Court

Runiied Staten

Ocroser TERM, 7— gees

No. $39 Jo-3F

Srerra Cuivus, a California corporation, Petitioner

Rogers C. B. Morton, individually, and as Secretary of tae Interior

of the United States; Jonn_ S. MoLaventrm, individually, and :

as Svperintendent of Sequoia National Park ; CLurrorp M.

Harpin, individually, and as the Secretary of Agri-

culture of the United States; J. W: Dervema. in-

dividually, and as Regional Forester, Forest

Service, and M. R. James, individually,

and as Forest Supervisor of the

Sequoia National Forest,

Respondents by

SEER

On Writ of Certiorari

tthe United tates Court of Appeals fr the Mint Ooi

a oe

re ee a

Potton for Onrtiorat Fld November 6, 1970

Certiorari Granted February 22, 2971

\ APPENDIX

e Supreme Court

OF THE

United States

Ocroser TreRM, 1970

No. 939

Srmenra Cuius, a California corporation, Petitioner

vs.

Roarrs C. B. Morton, individually, and as Secretary of the Inte -

of the United States; Joan S. McLavueu.in, individually, an

as Superintendent of Sequoia National Park ; CLirrorp M.

Harpin, individually, and as the Secretary of Agri-

cultare of the United States; J. W. Demvema, in-

dividually, and as Regional Forester, Forest

Service, and M. R. James, individually,

and as Forest Supervisor of the

Sequoia National Forest,

Respondents

On Writ of Certiorari

to the United States Court of Appeals for the Ninth Circuit

l=.

| INDEX

Chronological List of Relevant Docket Entries ...... 2

Comeaniet, Tie samen 5, TOP 8 tt te we tg es 3

Notice of Motion and Motion for

Preliminary Injunction, filed June 5,1969 ...... 13

Sample Term Special Use Permit ............. 15

Sample Special Use Permit ............. Mae 23

Plaintiff's Affidavit of J. Michael McCloskey including

exhibits filed Ju 51969 2. eee eu Soe ee

Defendants’ Affidavit of Richard E. Deffebach,

fied Famed], 1969 006 ee cle te ee te 159

Defendants’ Affidavit of W. S. Davis,

See Fae TITIES ak a ce Se Seek ee we ee 164

Defendants’ Affidavit of Donn B. Tatum,

filed June 27,1969 . . wee ee ee eee 174

Defendants’ Affidavit of John S. McLaughlin,

Tee PU i BE as os & wk ewe te ee ee 180

Plaintiff's Affidavit of Matthew P. Mitchell,

ah” EE, eae ee ne 183

Memorandum of Decision of the United States

District Court, filed July 23,1969 .......... 186

Preliminary Injunction, filed August 4,1969 ....... 200-7

Defendants’ Joint Answer, filed August 12, 1969 .... 203

Decision of the Ninth Circuit Court of Appeals,

entered September 16, 1970

CHRONOLOGICAL LIST OF

RELEVANT DOCKET ENTRIES

June 5,1969 __ Plaintiff filed complaint and notice of motion

: for preliminary injunction with: supporting

ae documents

+ ri 2 |

| July 23,1969 Memorandum of decision re grant of prelimi-

; nary injunction filed

1 Aug. 4, 1969 Preliminary injunction filed

, ; a .

Aug. 12,1969 Answer filed

Sept. 19,1969 Notice of appeal filed

Sept. 16,1970 Opinion and judgment of the Court of

Appeals for the Ninth Circuit entered

FELDMAN, WALDMAN & KLINE ORIGINAL

LEO E. BORREGARD FILED

LELAND R. SELNA, JR. — JUN -5 1969

MATTHEW P. MITCHELL ;

2700 Russ Building CLERK, U. S. DIST. COURT

San Francisco, California 94104 SAN FRANCISCO

Telephone: 981-1300

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN‘A

SIERRA CLUB, a non-profit California corporation,

Plaintiff,

vs.

WALTER J. HICKEL, individually and as Secretary COMPLAINT

of the Interior of the United States; JOHN S.

McLAUGHLIN, individually and as Superinten- Civil Action

dent of Sequoia National Park; CLIFFORD M.

HARDIN, individually and as Secretary of Agri- No. 51464

culture of the United States; J. W. DEINEMA,

individually, and as Regional Forester, Forest

Service; and M. R. JAMES, individually, and as

Forest Supervisor of the Sequoia National Forest,

Defendants.

JURISDICTION

1. This action is brought under 5 U.S. ss 701-706

(Administrative Procedure Act § 10), 28 USC § 1331(a), 28

USC § 1361, and 28 USC s 2201, (Detlaratory Judgments

Act). :

2. The matter in controversy exceeds $10,000 exclusive

of interest and costs and arisés under the federal law as herein-

after more fully appeafs.

EPEN EMA

pe Raat mies eee hail

FIRST CLAIM FOR RELIEF

3. "Plaintiff SIERRA CLUB is a non-profit corporation

organized and operating under the laws of the State of

California, with its principal place of business in San Francisco,

California since 1892. Membership of the club is approximately

78,000 nationally, with approximately 27,000 members resid-

ing in the San Francisco Bay Area. For many years the SIERRA

CLUB by its activities and conduct has exhibited a special

interest in the conservation and the sound maintenance of the

national parks, game refuges and forests of the country, regular-

ly serving as a responsible representative 0: persons similarly

interested. One of the principal purposes of the SIERRA CLUB

is to protect and conserve the national resources of the Sierra

= Nevada Mountains. Its interests would be vitally affected by the

acts hereinafter described and would be aggrieved by those acts

of the defendants as hereinafter more fully appears.

‘ 4. (a) Defendant WALTER J. HICKEL (hereinafter

3 “HICKEL”) is Secretary of the Interior of the United States,

and the matters hereinafte> referred to as pertaining to “‘inte-

rior” or the “National Park Service” are within the “‘Depart-

ment of Interior” of which he is the chief officer. His

predecessor in office was Stewart L. Udall (hereinafter

“Udall’’).

(b) Defendant JOHN S. McLAUGHLIN (hereinafter

“McLAUGHLIN’’) is Superintendent of Sequoia National Park.

“HARDIN’’) is Se¢¥etary of Agriculture of the United States,

and the matters hereinafter referred to as pertaining to “Agri-

culture” or the “National Forest Service’ are within the

* “Department of Agriculture” of which he is the chief officer.

His predecessor in office was Orville W. Freeman (hereinafter

““Freeman’’).

(d) Defendant J. W. DEINEMA (hereinafter

*‘DEINEMA’’) is Regional Forester of the Forest Service for the

region which includes the Sequoia National Game Refuge.

IT ETS y EIR eH fe OW Py ee AT See ne x t Sere a ATS ood

(e) Defendant M. R. JAMES (hereinafter ‘“JAMES”’)

is the Forest Supervisor in the National Forest Service in charge

of the Sequoia National Forest.

5. In or about February 1965, the National Forest Serv-

ice (hereinafter “‘Forest Service’’) solicited bids for the con-

struction and operation of a year-round commercial-recreational

resort in and near the Mineral King Valley (hereinafter ‘Mineral

King”) which is located in the Sequoia National Game Refuge

of California. The game refuge is more fully described in the

Act of July 3, 1926 (P.L. 69-465, 26 Stat. Ch. 744, Sec. 6).

6. In or about January 1966, the Forest Service granted

to Walt Disney Productions, Inc. (hereinafter ‘‘Developer’’) a

preliminary permit authorizing it to make surveys and vrepare

plans for development of Mineral King.

7. On or about 21 January, 1969, the Forest Service

approved the proposed plan of Developer for the commerciai-

recreational development of Mineral King. Plaintiff is informed

and believes and based upon such information and belief alleges

that under the approved plan the development will have at least

the following features:

(a) An “alpine village’ and associated structures

permancnt in nature including parking structure, restaurants,

lodging facilitie;, sewage treatment facilities, swimming and ice

skating facilities which will physically occupy and affect areas

far in excess of 80 acres of land: ee eat

(b) Ski-lifts, cleared slopes, lift lifes. trails, roads, a

cog-assisted railroad, water and stream contro! features, ava-

lanche dams and other recreational “improvements” throughout

13,000 acreas directly affecting by actual construction and

development an area occupying nearly 400 acres of land:

presence in said area of an estimated 1,200 vehicles per hour

each way on an access road which is proposed to cross Sequoia

National Park to the development, 3,600 parked vehicles. the

lodging of 3,310 transient guests per night. up to 8,500 skiers

RAE TT REET Se Som een PADI A is EE ee "yak

Sina bor Sow. 8 BOA Rees fee tea EE Me

ner day, the permanent housing of 700 or move employees and

986,000 or more total visitors per year as early as 1978; and

(d) The exact nature of other details is not yet known

to plaintiff, witich prays leave to insert them when discovered.

8. The Forest Service has announced 2nd plaintiff alleges

on information and belief that defendants HARDIN, DEINEMA

and JAMES intend to issue interim special use permits for the

actual commencement of construction and operation of the

described development in or about the summer of 1969. In the

meantime, the Forest Service has issued a permit under which

employees of Developer continue to make studies and arrange-

ments for the construction and operation of the commerc-ial-

recreational development. Also in the meantime, the Forest

Service continues to assign personnel and expend public monies

in making studies and other preparations for the eventual opera-

tion and administration of the Mineral King development. ae

9. The approval of the described plans and the impend-

ing issuance of permits to Developer for construction and opera-

tion in accordance»with those plans and the acts of defendants

HARDIN, DEINEMA and JAMES in association therewith are

in excess of statutory jurisdiction, authority and limitations, are

not in accordance with law, are arbitrary, capricious and consti-

tute. an abuse of discretion in that (among oiher things) the

described acts are:

(a) in violation of the provisions of the Act of March

4, 1915, as amended July 28, 1956 (38 Stat. 1101, 70 Stat.

708; 16 USC s 497) which limits the size, terms and manner of

occupation of lands for resorts and associated facilities in the

national forests and which is far exceeded by the subject

“= development;

rn (b) in violation of the provisions of the Act of June 4,

1897, as amended (30 Stat. 35, 33 Stat. 628, 76 Stat. 1157 and

4 78 Stat. 745; 16 USC § 551) regarding the permit power of the

Secretary of Agriculture, which has been and will be exceeded:

See gees

that responsibility for conservation of game, birds and wildlife

in Sequoia National Game Refuge and other such sanctuaries

was transferred to the Secretary of the Interior by the Reorgani-

zation Act of 1939 (53 Stat. 1431, Ch. 193, Sec. 4; 53 Stat.

813); re :

(d) in vioiation of the provisions of the Act of July 3,

1926 (P.L. 69-465, 1926 Stats. Ch. 744, Sec. 6) establishing the

Sequoia National Game Refuge whose purposes are contravened

by the subject development;

(e) in violation of Forest Service rules and regulations,

and in violation of appli~able principles of administrative law, in

that it has declined and refused to hold public hearings on the

question of whether Mineral King should be developed, or how

it should be developed for commercial-recreational purposes or

for any other purpose; and

(f) in violation of Forest Service rules and regulations,

and in violation of fundamental principles of administrative law

in that it has acted without due consideration of the factors

which it is required to consider in reaching a decision or wheth-

er Mineral King should be developed, or how it should be devel-

oped, for recreational purposes.

10. There exists a present controversy between plaintiff

anc defendants with respect to the matters hereinbefore set

forth.

11. Defendants have acted, are acting and threaten to

continue to act in violation of the law, as hereinbefore set forth.

Unless restrained, they will cause, or permit to be caused,

damage to Mineral King which will le irreparable, in part. for

many human generations, and irr2parable. in part. for all

eternity.

12. There are no administrative remedies available to piain-

tiff, and plaintiff has no adequate remedy at law.

WHEREFORE, plaintiff prays as hereinafter set forth.

SECOND) CLAIM FOR RELIEF

13. Paragraphs 1-9 ‘of the First Claim for Relief are incor-

porated herein by reference.

14. In order to provide access to the proposed commer-

cial-recreational development at Mineral King, the Forest

Service sought permission from the National Park Ser,.:ce and

the Secreta-y of Interior for the construction of 2 highway, 9.2

miles of which would cross Sequoia Nationa! Park.

15. In or about December 1967, Secretary Udall granted

formal approval of the routing of that highway (which would be

constructed and maintained by the State of California).

Approval for a right-of-way, construction and operation was

expressly left open pending further study concerning the design

standards of the highway. Plaintiff alleges on information and

belief, however, that agreement on design standards is near and

upon such agreement, defendants HICKEL and MCLAUGHLIN

will issue their approval for a right-of-way, construction and

operation of the highway across Sequoia National Park and that

the State of California will let contracts for the commencement

of construction upon issuance of that approval.

16. Plaintiff is informed and believes and based upon such

information and belief alleges that the purpose of the proposed

highway would be simply to provide a means to cross the

Sequoia National Park and serve the Mineral King development

rather than to serve any fundamental purpose of the Park. Plain-

tiff further alleges on information and belief that the construc-

tion of said road in Seauoia National Park would destroy or

otherwise adversely affect the scenery, natural and historic

‘objects and wildlife of the park and would impair the enjoy-

ment of the park for future generations.

17. The approval of the routing of said access road and the

impending issuance of authorization for rights-of-way, construc-

tion, anc operation of said road and the acts of defendants

HICKEL and McLAUGHLIN in connection therewith are in

excess of their statutory jurisdiction, authority and limitations,

are not in accordance with law, are arbitrary, capricious and

constitute an avuse of discretion in that (among other things)

the described acts are:

(a) in violation of the provisions of the Act of August

25, 1916, as amended (39 Stat. 535, as amended; 16 USC 5s 1)

which prohibits uses of the national parks which do not

conform to the fundamental purposes of said parks;

(b) in violation of the provisions of tke Act of

September 25, 1890 (26 Stat. 478, 16 USC 541 and § 43),

establishing Sequoia National Park as a public park and impos-

ing the duty upon the Secretary for the “preservation from

injury of all timber, natural curiosities or wonders within said

park, and their retention in their natural conditions”;

ing with respect both to the general corridor to be occupied by

the proposed road and to its design, as set forth in 34 Fed. Reg.

1405 (January 29, 1969). Purported repeal of those regulations

_ was not in accordance with 5 USC s553(b) and therefore is

without legal effect. Nevertheless, unless restrained, defenc ants

HICKEL_ and McLAUGHLIN threaten to proceed to permit the

proposed road to be constructed across Sequoia National Park

without first holding the public hearing required by the afore- ‘

said regulations; and

(d) in violation of Park Service rules and reguiations,

and fundamental principles of administrative law, in that

defendants HICKEL and McLAUGHLIN have acted without

due consideration of the factors which they are required by law

to consider in reaching a decision upon whether an enlarged

- road across Sequoia National Park should be permitted for

purposes nc! oenefiting that Park and. if so, what type of road

should be permitted.

18. There exists a present controversy between plaintiff

and defendants with ake to, the matters hereinbefore set

* forth. ah. —

— > te ee BLL LL EELS ALOE OEE LED e se SOL SPO ME Fa "% —

ERC na a aa oniicaid TT POIS TER te ate

10 rm

19. Defendants HICKEL and McLAUGHLIN have acted,

are acting, and threaten to continue to act in violation of the

law, as hereinabove set forth. Unless restrained, they will cause,

or permit to be caused, damage to Sequoia National Park which

will be irreparable, in part, for many human generations, and

irreparable, in part, for all eternity.

20. There are no administrative remedies available to plain-

tiff, and plaintiff has no adequate remedy at law.

WHEREFORE, plaintiff prays as hereinafter set forth.

PRAYER

WHEREFORE, plaintiff prays judgment as follows:

: 1. Against defendants HARDIN, DEINEMA and JAMES,

and each of them, for a judgment declaring that the approval

given on or about 21 January, 1969, of the Walt Disney Produc-

tions, Inc. Mineral King Development Plan by defendants

HARDIN, DEINEMA and JAMES, and each of them, and the

threatened issuance of permits for construction and operation

in furtherance thereof is in violation of law and therefore null

and void, to wit, in violation of each and all of the following:

16 USC 8497; 16 USC $551; P.L. 193, 84 (the Reorganiza-

tion Act of 1939); the Act of July 3, 1926, establishing the

Sequoia National Game Refuge; and fundamental principles and

requirements of administrative law.

_ 2. For both a preliminary and permanent injunctio

enjoining defendants HARDIN, DEINEMA and JAMES, and

each of them, and their successors in office and the respective

employees, servants, attorneys and agents thereof, and all other

persons, in active concert or participation with them, from

granting any permits, rights of way, approvals, or taking any

action whatsoever toward the implementation of said Develop-

ment Plan above referred to or any otter development of like or

similar nature thereto.

3. Against defendants HICKEL and McLAUGHLIN, and

each of them, for a judgment declaring that the aforementioned

approval of the routing of a highway across and through the

Sequoia National Park by defendants HICKEL and

icLAUGHLIN, and each of them, and/or their predecessors i in

office, and the threatened issuance_of app

way, construction and operation of a highway across and

through said Sequoia National Park is in violation of law and

therefore null and void, to wit,in violation of each and all of the

following: 16 USC 51; 16 USC 541, 43, 34 Fed. Reg. 1405

(January 29, 1969); Park Service rules~and regulations; and

fundamental principles and requirements of administrative law.

____ 4. For_both—a- preliminary and permanent injunction

enjoining defendants HICKEL and McLAUGHLIN, and each of

them, their successors in office and the respective employees,

servants, attorneys and agents thereof and all other persons, in

active concert or participation with them, from taking any

action whatsoever toward authorizing or approving (i) design

standards or rights of way of said highway or any other of

similar or like purpose; (ii) construction or maintenance of said

highway or any other of similar or like purpose by the State of

California or ary other e1.tity or person.

5. Grant to plaintiff such other further relief as to this

Court may appear just and proper, including costs and

disbursements.

Dated at San Francisco, June 5, 1969.

FELDMAN, WALDMAN & KLINE

LEO E. BORREGARD

LELAND R. SELNA, JR.

MATTHEW P. MITCHELL

By Leland R. Selna, Jr. —__

7 ___Attorneys for Plaintiff

ERG - JASPERSON Sierra Club

GREGORY ARCHBALD _—

Of Counsel _

‘

irenesesissece2cns emer rere en error ST errno TARE ete satrt

STATE OF CALIFORNIA

ss. No. 51464

CITY & COUNTY OF SAN FRANCISCO

J. MICHAEL McCLOSKEY, yeing first duly sworn, deposes

and says:

That he resides at Alameda SE California; that he is

the Conservation Director and Chief of Staff of The Sierra Club,

a non-profit California corporation, plaintiff herein; that he has

read the foregoing complaint, and that he is informed and be-

lieves the matters therein to be true and on tha ground ee |

that oe matters stated therein are true.

J. Michael McCloskey

Subscribed and sworn t

y of June, 1969.

LINDA A. UMBERTUS

Notary Public

My Commission expires:

_—_ LINDA A. UMBERTUS -

NOTARY PUBLIC - CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

My Commission Expires January 20, 1973

13 ;

FELDMAN, WALDMAN & KLINE ORIGINAL

LEO E. BORREGARD FILED JUN -5 1969

LELAND R. SELNA, JR. CLERK, U.S. DIST. COURT

MATTHEW P. MITCHELL SAN FRANCISCO

2700 Russ Bui)ding ;

San Francisco, California 94104

Telephone: 981-1300

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT:

NORTHERN DISTRICT OF CALIFORNIA

SIERRA CLUB, a non-profit California corporation,

Plaintiff,

vs.

WALTER J. HICKEL, individually and as Secretary coma we

of the Interior of the United States; JOHN S. PRELIMINARY

MCLAUGHLIN, individually and as Superin- INJUNCTION

tendent of Sequoia National Park; CLIFFORD M.

HARDIN, individually and as Secretary of Agri- Civil Action

culture of the United States; J. W. DEINEMA,

individually, and as Regional Forester, Forest No. 51464

Service; and M. R. JAMES, individually, and as 5 .

Forest Supervisor of the Sequoia National Forest,

Defendants.

TO DEFENI)ANTS ABOVE NAMED |

PLEASE TAKE NOTICE that on June 30, 1969, at 10:00

A.M. or as soon thereafter as counsel can be heard before the

Law and Motion Department of the above-entitled Court, 450

Golden Gate Avenue, San Francisco, Califomia, plaintiff

SIERRA CLUB, a non-profit corporation, will move the Court

for a preliminary injunction enjoining the above-named defend-

ants, and each of them, and their respective agents, servants,

employees and attorneys and all persons in active consert and

participation with them in accordance with and as prayed for in

the verified complaint herein and filed and served herewith

pending the final hearing and determination of this action. Said

motion will be made upon said. complaint, the Affidavit of J.

Michael McClosky and the Memorandum of Points and Authori-

ties, all served and filed herewith, and upon the pleadings,

records and files in the action and such evidence as may be

adduced at the time of hearing.

Dated at San Francisco, June 5, 1969.

FELDMAN, WALDMAN & KLINE

LEO E. BORREGARD

LELAND R. SELNA, JR.

MATTHEW P. MITCHELL

By LELAND R. SELMA, SR.

Attorneys for Plaintiff

Sierra Club

ROBERT W. JASPERSON

GREGORY ARCHBALD

Of Counsel

Balted Beier Dep of aoe . OF PanenTTEE

SAMPLE

TERM SPECIAL USE PERMIT

wNO OF VEE

Of ara 4, 191% ae ememsind Joly 38 way

s California _ Sequots ule River

Pemissics is hereby granted to__ (suecessful_ proponent)

hereinafter called the pormittes, to use subject to the conditions sot out below

lands or improvements for the period of x» yeers from the date hereol: fousschop

‘The exercise of day of the privileges granted tx thie permit ccastitutes acceptance of all the conditions of th!

gaps any

Hh ft Wil id

Hite iia

tds HH PAE

! He wii ii 4]

HE HHH He

(! i LEE i

lity ly Hi it!

ialeatpa i

Fate fit

traasf:

occupency of the premise,

@ prospective circumstances

may warrant, bis ccatinued

may be for the unexpired term of thie permit

immediately notify the forest supecviser.

» and is willing that bis future

permittee

as existing

sbal)

oa the land

reestablish title to

persca te whom title to said improvements shail have been

wale

owned

ability

ifthe

led ase

end

be authorized

justify.

— 1B. Ia cans of change of address, permittee shal!

» the Secretary of Agriculture or any ot{icial of the

ine that the rublic interest requires termination of this

written notice to the permittee of such cetermicatica, and the

er any extension thereof

hority eball d

thirty daye’

purchase

the

for

The amount of the consideration shal!

terminate

ight

m the

HE :

to the improvements re-

ead the United States shall be obligated to pay an

aod ag

be fixed by mutual agreement between the United

impr

be accepted by the permitteo ia

» That

permittee’s improvements, to remove them, or te require

the

States,

of the i

United

an teas and shall

this clause: Provided

if the

weston ter

soak

aims againm the United

be may appeal the determina

full ectisfaction of all cl

if mutual #,-eement is not reached, the Fores: Service shall determine the

permittee is dissatisfied with the amount thus determined to be due bim

nhl

TTA

al shall be fiaal and

——

with Regulation A-10 (36 CFR 211.2) and the amount as determi

parties hereto; Provided farther, Theat upon the

right of the United States to

ea the

the Fave, Savoy te

of the amount fixe!

1 of the improvements ebal! a0:

rove re=: (Tr

1 of the

ised.to nex fo- i

‘

tothe p

the

Soll bo

pny

achviel tet ioitod. Sob

Raximum amount which the United States eball be required to pay for the

“tye

with Clause 16 sbail in BO event exceed S

ings for the acquisitions of such im

yy tem final decision on appeal.

United

19. te

Atet

17 X& ts the evem of any conflict between any f the precediog priated clauses or eay provision there~’ and any of

the followiaz clauses or any provisions thereof, the preceding priated clauses will coctrol.

18 IE Tris permit ie accexud subject to the cunditions set forth above and to

attached hereto aad mace a part of this permit.

SIGRATUARE OF ISSUING OF FICER

i |

19. This uso is classified as Class ITI and the fees due the United

States shall be calculated accomiing to the following schedule:

percent of net sales and other incoms.

A minimm fee of $ pre annum is hereby established fur

this permit which shall be a minimes occupancy fee, due in advance,

and not subject to refund.

The permittee will send to the Forest Supervisor, Sequoia Mational

Forest, Porterville, California, on or before (2 months after close

of permittoe's fiscai year) of each year a statement of net sales 7

and of other income resulting from tk. operations under this permit,

or @ profit and loss statement or other evidence, satisfactory to

the Forest Supervisor, of the business transacted by the permittee.

The Forest Supervisor my require that any such statement be «worn “4

to, and shall have the further iight to examine the permiti-es's

accounting records and supporting data.

The Forest Service shall have the right to require the permittees

to maintain an acceptable accounting system, and shall have the ;

right to require the permittee, at his expense, to have his books 3

audited by an accountant acceptable to the Forest Service and

furnish to the Forest Service a copy of the audit report.

Upon recoipt of a satisfactory statemont from the permittee, the *

Forost Suporvisor will calculate tho foos duo according to the

above porcontago and will bill +ho pormittoo for this amount,

Jess tho amount of tho minimum fs0 paid in advanco, providod

the latter is less than the ~alculated fee. If the minimum fee

paid in advance is greater tha: the calculated fee, no reftnd

will be made.

In consideretion for this use, the permittee shall deposit with the

Regional Fiscal Agent, U. S&S. Forest Service, 630 Sansome Street,

San Frenciscc, California, a check, dreft, or money order mde

payable to the Forest Service, USDA, as follows:

1. Q or before Date of te ine of permittee's fiscel yeer

of each year $ which is the established oini=un

fee for this use.

2. Within 30 days of receipt of stutemont rrom the Fores:

Supervisor, the amount calculated in accordance with

the above percentages cf the net sales and other income

reported by the permittse and accepted by the Forest

Supervisor.

anee ePanent cop RIGeRIERTORCER nee

—— FACE aOR RTE EE AUIS. NG SAREE LOTS t KERR HRT ES eR a

DN a .

Psfinition of Not Sales. ‘The ters “net sales", for the purpose of cal-

e@ulating special-use fees, shall be the gross amounts derived from all

@. Wederel excise taxes required te be collected by the permittee

frem the customor and paid by him to the Government (for example,

taxes on theater tickets, and cther admissions).

4. Federal retailer's excise taxes required to be paid by permittee

te the Government (for example, taxes on sale of furs, jewelry,

tedlet preparations, luggage, etc.).

@. State gasoline tax, regardless of whether or not paid by

permittee to eee State taxing authority.

z. ich et dees a ee ae ee

ef hunting and licenses. Any commissions cr fees received

by permittees for selling such licenses are includabls in “net sales".

aso. : Te guaregtee the fulfillment of the conditions contained in

"this permit, the permittee will furnish the Forest Service

in the sum of Twenty Five Thousand Collars ($25,000) or in

Regional Fisnal Agent specified in Clause 19 of this permit, cash in the

eum ef Twenty Five Thousand Dollars ($25,000). As soon as security for

t= performance of the terms of Clause 22 or the settlement of claizs

is no longer necessary, deposits in lieu o” surety bond

coaditions set forth in the sentence immediately

turned to the permittee without interest. The permittee

agrees that all moneys deposited under this permit my, upon failure on

his part to fulfill all and singular the requirements herein set forth or

made a part hereof, be reteined by the United States to be applied as far

satisfaction of his obligations assumed hereunacr, without

r te any other rights and remedies of the United States.

#21. Insurenc>. The permittee shall indemnify the United States against

7) liability; for decage to life or property arising from the permittee's

@eoupansy or use of Mational Forest lands, facilities, or equipment unde-

ta"= permit, or by the permittee's curtomers or guests while using the

permitted area; provided this shall not be construed to indemnify the

Waited States aginst its own negligence.

te the public, the permittee sha?l have in force public liability insurance

e@evering damage to persons in ti.« wii:icum emount of $100,000 in the event of

G@eath or injury to ene individuel and the sinicum amount of $500,000 in the

injury to mors than one individual for which the permittee

with the occupancy or use-of the land and ths

eenstruction, mintenance, and operation of the structures, facilities, or

ruit. The permittee shall require the

= Se ee ee eS a | ae —— . TA. eos eta Fook

insurance company to send an authenticated copy of his insurance policy

to the Porost Service immediately upon its issuance. This policy shall

contain @ specific provision or rider to the effect that the policy will

not be canceled or its provisions changed or deleted before 30 days

written notice to the Forest Supervisor, Sequoia National Forest,

Porterville, California, by the insurance company.

CONSTRUCTION AND OPERATING REQUIREMENTS

(See printed Clauses 2 and 3)

22. (This Clause will consist of a schedule for completion of each

major development as determined following review and approval

of the successful proponent's developmental and erchitectural

plans. Such plans will be attached to and become < part of

the permit, either physically or by appropriate reference ).

Mo modification of the approved plans will be permitted unless

specifically authorized by the Forest Supervisor in writing.

oy3. The design, constrection, maintenance and operation of tremzays and ~

lifts shall conform to the American Standard Safety Code for Aerial Passen-

ger Trameays. Specific exceptions my be mde by the Forest Suservisor in

writing. Ths design, construction, and mintenance of operation of lifts

shall also conform to the Aerial Passenger Tremzay Safety Orders the

Californie Division of Industrial Safety. In addition: (1) Tozer 4

terminal sites shall be inspected in advance of construction by a Fo

Officer. Protective measures as he prescribes shall be provided. (2)

Safety stops on rope tows shall be of the flying ring type.

24. It is required that a California registered architact or registered

engineer prepare site and building plans. Drewings must be sigzued by; the

registered architect or engineer with their registration number. State

Division. of Housing approval also mst be obtained.

25. The permittee will assure slope stabilization and prevent soil loss

throughout the permitted area by carrying out the provisions of a winter

sports area erosion control plan. Said plan, when approved, shall be

attached to and rade « part of this permit.

26. Brush and debris resulting from eli clearing shall be disposed of ‘rn

@ manner and st a time satisfactory to the forest officer in charge.

27. The permittee, shall, before the start of public service opers<icz:.

and prior to the start of opérations each year thereafter, join ¥it= ae

Forest Sorvico in preparing &@ snow safety plan; which shall be a%tach.< +2

and become a part theroof upon approval of the Forest Supervisor, 32:5

plans to include the following as a minimum: (1) Special safety devices

and testing. (2) Operator requirements at each lift or tor. (3) Re quid

first aid equipoent; transport or location of caches. (4) Sxi slep» s:c-izg

end flagging. (5) Availability of qualified Red Cross first aiders and

@ccidont reporting. (6) Avalaache, snow slide, or other natural hazards

meeding control. (7) Restriction of ski slopes to skiing, i.e., control

ef waiting lines, snags, toboggns. (8) Ski patrol requirements. (9)

Operator instructions on use of lift, tow, to novices. (10) Tow track

and slope mintenance. (11) Parking area traffic con'rol and attendant

requirements.

ofa. The execution of all parts of the snow safety plan is the’ respon-

sibility of the permittee.

)) A fire prevention and control plan adequate in the judgment of the

t Supervisor to the risks and hazards of this.use shall be prepared

and placed in effect by the permittee. The Fire Plan, when approved,

shall be attached to and become a part of this permit.

&. All signing pertaining to the resort and its operation shall be

submitted for approval of the Forest Supervisor prior to vrection.

Operational signs will be required in order to:

(1) Identify the area as a special use development on the Ssquoia

Mational Forest.

(2) Furnish visitors with information as to length, elevation

@ifference and classification of ski trails.

(3) Inform: the public where medical supplies and first aid patrolman

may be found.

(4) \nern visitors of avalanche ini:-~1s.

(5) Bnoourage compliance with established winter sports etiquette.

7 permittee in his advertisements, signs, circulars, pamphlets, letter-

heads, or like mterial, shall refrain from misrepresenting in any way,

eicvher the accommodations provided cr the status of this permit, o: of

the aree covered thereby or adjacent thereto and shall identify the

operation as being located within the Sequoia National Forest.

aA 31. Wo lines of business other than those listed in this permit my be

of conducted without the written approval of the Forest Superviscr.

32. The permittee will, upcn request of the Porest Supervisor, submit

his schedule of charges for review and, if in the Forest Supervisor's

judgment he determines the rates to be excessive or out of line with

rates charged for similar services elsewhere, he may require the permittee

te show cause why they should not be reduced.

33. The Director of the ski school mst he fully certified as a ski

instructor by ® recognized certifying body of: the U. S$. Ski Association or

one of its divisions. About one third of the remeining instructors mst

hold associate or detter certificates, with the aim to get ell instructors

fully certified. Tho pormittee will designate areas whero ski instruction

will be wnducted to avoid conflict with goneral public use.

34. ‘The permittee shall provide an organized, trained, and adequately

@Quipped ski patrol to serve according to the snow safety plan of this

permit. Ski patrolmen qualifications, training, and equipment, will

equal or exceed the standards of the National Ski Patrol System. Patrol-

wen may be provided on a paid or voluntary basis, or both. Paid ski patrel-

mea on patrol duty sill not perform routine operating duties.

wort

does not provide for the

furnishing oz rcoc cointenance, waver, iire protection, snow removal or

any other such services.

36. There is specifically reserved a right of free and unrestricted access,

in, through, and across the land covered by this permit for officers and

employees of the United States in the performance of their official duties

end for users of National Forest land, and purchasers of National Forest

products when not inconsistent with the exercise of the authorized use

herein granted.

37. Lifts and trarvays shall be open to the free use of Forest Service

personnel responsible for the administration or inspection of this recree-

tion area. as designated by the Forest Supervisor.

38. The permi.tee shall indemnify the Unit1d States ageinst any liability

for demage to life or property arising frou the permittee's occupancy or

use of nationel forest lands, facilities, or equinrsnt under this pernit

or by the permittee's customers or guests while using the lift or tramvay-

serviced area; provided this shali not be construed to indemnify the United

States against its own negligence.

39. The permittee, if a corporation, shall furnish evidence of authority

fer executicx cf this sereexent on behslf of said corporation. Such cor

POTE=lcs Asrees Cs Doraish whe Tomest Scpemctaete etth a coosen’t Liet cf

officers of its governing body, and to maintain a representative cf the

corporation ir. resitence on this site, fully authorized <0 conduct cor-

poration business vith the Forest Service.

40. In connection with the performance of work under this permit, the

permittee agrees as follow:

(1) The permittee will not discriminate against any omployoo or

epplicant for exploy ont bocauso of raco, crood, color or rmtional orisin.

The pormittoo rill tako affirmtive action to onsuro thant applicints aro

employed, and that employoos are. tronted during employment wh Uleak reyciist

to their mice, creed, coler, or national origin. Such ation shall inelute,

but not Se listted to, the following: exple: cent. upgrading. desotien or

Weesler: Sesrsicaest so resestccens séversising; Laysff or cesmizacton: sates

Of sey cr ccher fercs cl csxpernsatien; ent ssleccicn for trsistng, {ncivdine

@pprenticeshiz. Ths percittse agrees to post in censpiczcus places, evailssie

to employees end azplicents for smuplo;cent, notices to be provided by,ths

Forest Service setting forth tne provisions of this non-discrininstidn cleuse.

NP ER FRSA GORDA BR EO Me 8 EC EES PE EE EEO tee SN

(2) ‘The permittee ...1, in all solicitations or ad tisments

Yer employoos placed by or on behalf of the permittee, state that 11

e@ualified applicants will receive consideration for employment without

mgrd to race, creed, color, or national origin.

(3) ‘The ;ermittee will send to each labor union or representitive

ef workers with which he has e collective bargaining agreement or other

eontract or understanding, @ notice, to be provided by the Forest Service

eévising the said labor union or workers’ representative of the permitwe's

ecumitments under this section, and shall post copies of the notice in

eenspicuous places available to employees and applicants for employment.

(4) The permittee will comply with all provisions of Executive

Wo. 10925 of March 6, 1961, and of the rules, regulations, end

relevent orders of the President's Committee on Equal Enployment

Opportunity created thereby.

(5) ‘The permittee will furnish all informtion and roports required

by Executive Order No. 10925 ef March 6, 1961, and by the rules, regula-

tions, and orders of the said Committee, or pursuant thereto, and will

permit access to his books, records, ard accounts by the Forest Service

and the Committee for purposes of investigation to ascertain compliance

with such rules, regulations, and orders.

(6) In the event of the permittee's non-compliance with the non-

discriminstion clauses of this permit or with any of the said rules,

regulations, or orders, this permit may be cancelled i), whole or in

part and the permit.ee may be-declared ineligible for ‘urther govern-

ment permits in accordance with procedures authorized in Executive

Order Mo. 10925 of Larch 6, 1961, and such other sanctions my be

imposed and remedies invoked as provided in the said Executive Order

or by rule, regujetion, or order of the President's Committee on Equal

Buployment Opportunity, or as otherwise provided by lav. :

<7) The permittee will include the provisions of the foregoing pare-

getchs (1) through (6) in every subcontract or purchase order unless

exempted by ruies, regulations, or orders of the President's Committee on

Equal Employment Opportunity issued pursuant to section 303 of Executive

Order “o. 10925 of larch 6, 1961, so that such provisions will be b I

wpon each subcontrector or vendor. The permittee will take such action

with respect to any subcontract or purchase order es the Forest Service

may direct as a means of erforcing such provisions, including sanctions

for non-compliance: Provided, however, that in the event the permittee

becomes involved in, er is threatened with, litigation w:th'a subcontractcr

or vendor as a result of such direction by the Forest Service, the permit*..e

may request the United States to enter into such litigation to protect the

interests of the United States.

41. This permit shal: have no forse or effect until it has been signed by

the permittee and the Forest Service.

Date Permittee

Date CHAS. A. CONNAUGHTON

’ Regional Forester

3 ___—--Eseeing-Ofttceer—————

Mationsl Forest land in portions of sections 15, 22, 27, 28, ant 36,

Mount Disable Meridian, Sequeie Matienal Firest, shown on th- mp

aettached te the Teru Permit of (ante) issued te the

above permittes, as necded for wers facilities

imprevenents specified in Cluese 88 ef the tere poruit. ‘

, ~

ho exavelzs of any of the putvtiagns granted bevchy constitates exsagtananebll Gio exnditiens ef

this permit.

1. Im consideration for this use, the permittee shall pay to the Forest Service, US. Department of

Agriculture, the sum of Dellars ($. ) fer the period

fre Sr) 7) and therea/ter

ennmally on __{ s24 Cisuse 19 of Tere Soecie) Use Permit)

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Permittee

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This permit is accepted subject to the above conditions

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FELDMAN, WALDMAN & KLINE

LEO E. BORREGARD

LELAND R. SELNA, JR.

MATTHEW P. MITCHELL

2700 Russ Building

San Francisco, California 94104

Telephone: 981-1300

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT .

NORTHERN DISTRICT OF CALIFORNIA

SIERRA CLUB, a non-profit California corporation,

Plaintiff,

vs.

WALTER J. HICKEL, individually ana as Secretary

of the Interior of the United States; JOHN S. AFFIDAVIT

McLAUGHLIN, individually and as Superinten-

dent of Sequoia National Park; CLIFFORD M. Civil Action

HARDIN, individually and as Secretary of Agri-

culture of the United States; J. W. DEINEMA, No. 51464

individually, and as Regional Forester, Forest

Service; and M. R. JAMES, individually, and as

Forest Supervisor of the Sequoia National

Forest,

Defendants.

I, J. MICHAEL McCLOSKEY, being sworn, say as follows:

I presently am staff director of the Sierra Club. For the past

three years, I have been its Conservation Director, and before

that, I was assistant to the Sierra Club President.

Since February 1965, I have been a member of the Sierra

Clu) Staff having primary responsibility to become and remain

informed about proposed private Gevelopments of the Sequoia

National Game Refuge area of the Sequoia National Forest. I

have been the official spokesman for the Club on that subject.

The area involved is known as Mineral King. Mineral King is

. TTS eae Pane ee

located 55 miles east of Visalia, California and is boti. geograph-

ically and ecologically part of the high Sierra. The game refuge

of which Mineral King is a part is a 15,000 acre enclave bound-

ed on three sides by Sequoia National Paz", It is also ecological-

ly and geographically part of the Park, and iies within the same

watershed, it has essentially the same flora and fauna as the

Park, including some giant Sequoias at lower elevations.

In February, 1965, the Forest Service of the United States,

Department of Agriculture with administrative responsibility

for the National Forests, issued a prospectus for a proposed

winter and summer recreational development at Mineral King.

This prospectus solicited bids from private deveiopers for the

construction and operation of a year-round recreation resort.

‘Commencing on June 7, 1965, the Sierra Club made written

and telegraphic requests to the Forest Service for public hear-

ings with respect to the policy considerations and desirability of

a development of the type outlined in the prospectus and in the

six bids received in response to it. Examples of these requests

are attached hereto and bear the following dates and exhibit

numbers:

Date Exhibit

August 7, 1965 A

November 3, 1965 B

Each of the requests for hearing was denied.

In a letter of July 1, 1965, Regional Forester Charles A.

Connaughton, writing to Dr. William E. Siri of the Sierra Club,

stated: “On March 13, 1963 (sic), Congressman Hagen con-

ducted a public hearing in Visalia to detertnine what could be

done to expedite development. We have the record of this hear-

ing and it discloses no opposition.” (Attached hereto and

marked Exhibit “C’’.) As more recently acknowledged by the

Forest Service, the hearing was conducted in 1953 rather than

1963. (Information release entitled “Mineral King — A Planned

Recreational Development’, Forest Service, February 1969

hereinafter referred to as “February release’’.) It was not a

congressional hearing, but rather organized by the Tulare

County Chamber of Commerce. We are aware of no public hear-

ing in which the advisability of the development of a commer-

cial-recreational complex at Mineral King was the issue.

In December 1965, still without hearings, the proposal of

Walt Disney Productions, Inc. (“‘Developer”) to build a resort

designed principally as a ski resort but for summer use also was

selected from among the six bids received. In Januety 1966,

the supervisor of the Sequoia National Forest granted it a

three-year preliminary permit. The permit authorized Deveioper

to make surveys and plans and provided that a thirty-year term

special use permit covering not to exceed 80 acres and a supple-

mental “annual” or “revocable” special use permit for the

development and operation of Mineral King would be issued

prior to the expiration of the preliminary permit if the plans as

submitted had been approved, if a contract had been awarded

for a significant part of the necessary all-season road, and if

funds had been programmed for completion of the road within

five years of the award of the first road contact. A copy of said

prelimisi:ry permit is attached hereto and marked Exhibit “D”’.

The Forest Service prospectus called for a certain minimum

number of facilities which themselves would cause a seriously

adverse impact upon Mineral King. I am informed and believe

that no maximum has been established and Developer’s pro-

posal would result in an impact many times more serious. The

prospectus called for four ski lifts; Developer’s proposal was for

twenty-two lifts and gondolas. The prospectus cailed for a park-

ing capacity of 1,200 automobiles; Developer’s proposal is for

3,600vehicles. The prospectus called for resort accommodations

for 100 overnight visitors; Developer's proposal contemplates a

cdpacity of 3,310 persons. The Forest Seryice estimated a cost

in the range of 3 million dollars. Developer presently plans to

spend 35.3 million dollars to “develop” Mineral King. (Docu-

ment entitled ““Mineral King — A Planned Recreational Develop-

ment”, Forest Service, February 1969.) The ultimate magnitude

of the development cannot be predicted. In a brochure released

in 1967, Developer stated:

“When we go into a new project, we believe in it all the

way. That’s the way we feel sbout Mineral King. We have

every faith that our plans will provide recreational oppor-

tunities for everyone.

“All of us promise that our efforts now and in the

future will be dedicated to making Mineral King prcw to

meet the ever-increasing public need. / gi:css you might

say that it won’t ever be finished.” (Emphasis added.)

Walt Disney Produciions, attached hereto as Exhibit

“E”.) |

On January 27, 1969, Developer’s Master Plan, embodying

the foregoing features, was approved by the Forest Service, with

the only further condition preceden: to the actual granting

being the letting of the first contract for road construction on

national forest land in the Mineral King enclave. I am informed

and believe that this contract could be let at any time and

certainly no later than by the end of the summer of 1969.

The Mineral King Valley covers an area approximately one-

sixth the size of the valley at Yosemite National Park. I am

informed and believe that Yosemite is visited in a peak weekend

by 40 thousand persons. Projections of weekend usage at Miner-

al King are for 12 thousand persons. Thus, the concentration of

persons at Mineral King will be almost twice that found at

Yosemite. This concentration will occur at an elevation 3,800

feet higher than Yosemite where the short growing season and

thinner air produce an extremely fragile ecology.

Surface access to Mineral King is available over a narrow,

partially paved, two-lane, winding seasonal road in the vicinity

of Hammond, California about 25 miles to the west. The road

generally follows the East Fork of the Kaweah River to its

Mineral King terminus was in existence for many years be-

ore—the slirrounding land was incorporated into the Park. On

July 16, 19U5, the California Legislature voted to add Highway

276 to the State Highway System. That highway was intended

to provide access to the Mineral King development. (Memoran-

dum from Department of Public Works — Division of Highways,

to California Highway Commission of September 8, 1967,

attached hereto and marked Exhibit “F”’.)

I am informed and believe that on or about October 24,

1967, the California State Highway Commission adopted the

recommendation of the Division of Highways and approved an

all-weather, high-speed highway consisting of two lanes with

half mile long passing lanes every few miles. The road, which

will follow approximately the routing of the old road, is esti-

mated to cost $25,000,000. This sum is payable by the State,

with the exception of a $3,000,000 federal construction grant

from’ the Economic evelopment Administration. The central

9.2 miles of the proposed routing is within Sequoia National

Park, under the administrative jurisdiction of the National Park

Service, U.S. Department of the Interior. East of Park, the rout-

ing is through the National Forest. (/d.) Attached hereto and

marked Exhibit “G’’ is a drawing entitled “Route 276 Study”

which depicts the road.

I am informed and believe that in December 1968, the

Secretary of the Interior, without hearings, approved the route

proposed by the State and further, that he intends to grant a

final right-of-way permit withii the next several days. This

conduct is at odds with a regulation of the Department of the

Interior adopted on January 28, 1969, which requires both

corridor and design hearings ith regard to major road projects

in National Parks which have a substantial social, economic or

environmental effect. It is equally at odds with the Secretary’s

announcement on April 26, 1969, that he is asking the National

Park Service to revise its master planning procedures to provide

for “broader public review and comment” on all phases of the

National Park System, and not just roads. On April 21, 1969,

the Secretary purported to revoke the regulation calling for

hearings in the case of road building. (News release attached

hereto and marked Exhibit “‘H’’.)

I am aware of the following additional matters which will

affect the unique park and recreational values of Sequoia

National Park and the Sequoia National Game Refuge which

have not been the subject either of hearing or of public explana-

tion by the federal agency concerned:

FOREST SERVICE

1. The Use Proposed for Mineral King by Developer is in

Violation of its Status as a National Game Refuge: . The Sixty-

ninth Congress, in connection with legislation regulating the

management of Sequoia National Park, alse established the

enclave of Sequoia National Forest within which Mineral King is

located as a game refuge with the purpose of the legislation “‘to

protect from trespass the public lands of the United States and

the game animals which may be thereon.” (Act of July 3, 1926,

P.L. 69-465, 26 Stats. Ch. 744, Sec. 6) The Secretary of Agri-

culture was left with the power to authorize other uses of the

lands involved only ‘“‘so far as may be consistent with the pur-

poses for which said game refuge is established.”~(/d.) I am

aware of no finding that the 35 million dollar project proposed

by Developer which anticipates daily use exceeding_8,50V per-

sons is a usage consistent with the status of the area involved as —

a game refuge, nor is such a finding rationally possible. I am

aware that .Mr. J. C. Fraser, Chief Water Projects. Branch,

Department of Fish and Game, State of California,has stated as

follows: ae

“Your fourth question regards the potential effect of

development in the Mineral King Game Refuge on-game.

This Department has not made specific studies nor pre-

pared reports regarding the effects of this development

on wildlife. We can say, however, that in an extensive

development such as the Disney proposal, considerable

wildlife habit would be lost and wildlife would suffer

from human encroachment.” (Emphasisadded.) ~

(Letter of November 27, 1968, to Mr. B. K. Jones, copy

attached hereto and marked Exhibit “‘I’’)

2. The Forest Service has Agreed to Permit the Develop-

ment with Permanent Facilities of more than 80 Acres of

National Forest Property: A Forest Service publication of

February 1969 entitled “Mineral King — A Planned Recrea-

tional Development” states at page 8, as follows:

“*How Much Land Will The Disney Company Control?

— It will not really control any. It will have

— Under a thirty-year term permit permission to use a

maximum of eighty acres upon which to erect most

major facilities, and

— Under an annual permit it will be permitted to

construct iifts and trails throughout about 13,000

acres...” (Emphasis added.)

Moreover, the Forest Service sample “annual” or “revocable”

permit attached to its Mineral King Prospectus states that it is

issued for the purpose of:

“Developing and maintaining ski slopes, trails, parking

areas, refuse and sewage disposal areas, roads, etc.,in con-

junction with the facilities and improvements specified in

Clause 22 of the foregoing Term Permit.” —

(See copy of permit attached hereto and marked Exhibit

wok healt

Based upon these publications, I am informed and believe that

the Forest Service intends to permit the location of permanent

. facilities by Developer upon game refuge property outside of

the 80 acres.

3. The Proposed Road is a Serious Threat to Unique Red-

wood Trees Known as Sequoia Gigantea: Mr. L. M. Whitfield,

formerly the Supervisor of Sequoia National Forest, has stated ©

that “Dr. Hartesveldt, a leading expert on the Sequoia gigantea,

has studied the proposed location and design and sees no threat

to any redwoods.” (Letter May 15, 1968,to Mr. Jack Hope, a

copy of which is attached hereto and marked Exhibit\“K”’.)

Dr. Hartesveldt actually has said “*. . . there ar2 a total of at least

103 giant sequoias below the proposed highway. Of these, 45

are in a position of possible jeopardy because of road construc-

tion.” (Hartesveldt, Study of the Possible Changes in the

Ecology of Sequoia Groves in Sequoia National Park to be

Crossed by the New Mineral King Highway for California Divi-

sion of Highways dated December 19, 1966, attached hereto and

marked Exhibit “L”’) 4

4. The Development Would Produce a Severely Adverse

Impact upon Mineral King in its Natural State: Mineral King

Valley is a U-shaped basin rimmed by 12,000 ft. peaks rising

3,000 to 4,000 ft. above. the valley. It is an alpine setting

reminiscent of the Alps. In proposing the development of

Mineral King, Developer i a bid fee of 2% of net receipts

in part as follows:

“Grooming and manicuring of most slopes without

destroying the naturalness of the area, particularly for

intermediates, will require extensive bulldozing and blast-

ing in most lower areas and extensive rock removal at

higher elevations. This is especially true for the Mosquito,

Eagle, and White Chief Bowls and the lower Farewell

Canyon area.” (“A Proposal For The Development of

Mineral King From Walt Disney Productions — 1965”’)

Attached hereto and incorporated herein is 2 sketch of Develop-

er’s master plan bearing the denomination “Exhibit E” and

marked Exhibit “M’’ hereto. It depicts a portion of the ““groom-

ing” referred to in the foregoing quotation. It suggcsts the

enormous interference with nature and with the game refuge

status which is being proposed.

Some of the best evidence of the magnitude of the interfer-

ence is to be found in Forest Service correspondence. Develop-

ers Master Plan was submitted to the Forest Service on January.

9, 1969. On January 21, 1969, the Forest Service Director of

W*'dlife Management stated to the Director of the Division of

Recreation:

“After one quick review of the Mineral asing Master

Plan, I have a few comments to offer:

‘1 Horse concession. — It appears that this could cause

serious problems in sa.citation and esthetics where ghere is

very limited area in which to operate. Presumably, this

would be a large operation involving at least 50 horses.

The trails would have to be surfaced to control erosion.

More serious, however, would be sanitation and the need

to supply all needed forage.

“2. Alternatives for sewage disposal. — The plan shows

2 primary sewage facilities and provides that effluent will

be filtered through soil enroute to the stream drainage.

With the large quantity of daily sewage discharge expect-

ed, I would question whether the soil can adequately

handle the effluent. Should alternatives be considered,

such as piping effluent out of the canyon, etc.?

“3 Check dams to collect debris. — The Plan is not

clear on the purpose or function of these dams. Presum-

ably they are to prevent damage from flooding and from

debris accumulation. Is a dry-dam type structure

planned? Also, what is the source of the debris? Will it

result from timber cutting on the ski runs?

“In conclusion, J would hope that we study the impacts

of this cencession for a long time before permitting

another one.” (Emphasis added.)

(Memo of W. O. Hanson to Richard J. Costley of January

21, 1969, attached hereto and marked Exhibit “‘N’’)

Also on January 21, 1969, the Director of Range Management

wrote:

‘‘To what degree has the compatibility of planned

horse programs with resource needs been determined?

The projected use by people, in itself, will have a very

| real impact on these fragile soils and vegetation without

the additional effect of horse use. Any horse activity as

well as others influencing soils and vegetation could well

utilize the services of an ecologist during the planning

stage.”

(Memo of R. M. DeNio to Richard J. Costley of January

21, 1969, attached hereto and marked Exhibit "3

The Master Plan was approved by the Forest Service six days

later, on Januar, 27, 1969.

Chief of the Forest Service Civision of Recreation, and deep-

ly involved in the Mineral King project,is Mr. W. S. Davis. On

January 9, 1967, he wrote to the Sequoia National Forest

Supervisor, in part, as follows:

**Engineering may not have been aware that in accept-

ing the Disney proposal, we agreed to the concept of a

village with underground automotive service facilities for «_

deliveries, maintenance, etc. This brings with it a need for

land modification, earth moving, and possibly stream

channel changing beyond what we might normaily per-

m’* The underground roadways and chambers must

either be tunneled or built partially on the surface, boxed

in and backfilled. The report favors the latter, which

means a great deal of earth and debris moving. But we

can require that all this be accompanied by an effective

landscaping program.

*“*... The impact is certain to be heaviest at the village

site and on the valley floor. By accepting the develop-

ment proposal we have also accepted that some effect on

fishery values, streamflow, vegetation, soil, and other

resources must be provided for.” ( Emphasis added.)

(Memorandum attached hereto and marked Exhibit “P”’)

On January 6, 1967, the Range & Wildlife Management

section of the Forest Service wrote to the Recreation section

with respect to preliminary site studies at Mineral King, as

follows:

‘‘The total basic concept of developmeni appears

badly biased in orientation toward a highly artificial,

continued situation, without any real attention to ecolo-

gical factors and needs to multple use management. The

extent and nature of proposed aiteration of the basin is

unacceptable to us — the damages extend beyond effects

on fish and wildlife, and these alone are critical.

~~ “Specifically, stream diversions and channel treat-

ment, flood and debris control, surface water supply

(OU Seana aa saietadtieeieoeniadiae

development, and sewage disposal proposals are all of a

nature we find severely damaging or unacceptable.

“Gt is recognized that development of high intensity

year-round recreationai use in this restricted fragile sub-

alpine area is bound to result in pronounced impacts and

certain unavoidable changes.” (Emphasis added.)

(Memorandum attached hereto and marked Exhibit “‘Q’’)

I am informed and believe that no significant changes in

Developer’s proposal have been made in response to the fore-

going critical comments, some of which-were-made over two

years ago.

5. The Avalanche Danger Presented at Mineral King has not

been Adequately Considered: Mineral King has been identified

as an area of high avalanche danger. (Hasher-Gibson Winter

Survey 1947-48 for Mineral King, Sequoia National Forest.)

Attached hereto and marked Exhibit “R”’ is a plat showing

such avalanches in the winter of 1947-48, a year of light snow.

This winter has witnessed the death of the occupant of a cabin

owned by Developer located on the proposed site of the village

which is part of its proposal. Within the last several weeks, a

number of structures in Mineral King Valley have been des-

troyed or heavily damaged by avalanches.

On November 18, 1966, Mineral King Staff Specialist P. J.

Wyckoff wrote to Developer with respect to preliminary site

studies. He stated in part, as follows:

“The original premise was that the new village would

straddle Monarch Creek extending down to Coral Rock.

This, of course, puts the village across the present ava-

lanche path.”

(Letter attached hereto and marked Exhibit “‘S’’)

6. The Forest Service Did Not Complete Ecological Studies

Relating to the Location of Unusual Species and Fragile or

Scarce Habitats and the Means of Protecting Them Prior to

Approving the Project: 1 am informed and believe that there

have been no studies completed within the Sequoia National

Game Refuge which are pertinent to these subjects. Support for

this belief includes the memorandum of January 6, 1967,

quoted in part at page 10, supra.

1. To the Extent that is has Attempted to Assess the Impact

of Developer’s Program upon Mineral King, the Forest Service

has Failed to Add in the Impact of an Adjacent Development to

be Located on Privately Owned Property: 1 am informed and

believe that the owners of 160 acres of land in the Silver City

area within three miles of the area of Developer’s proposed

project are planning a residential-commercial development

which will include condominium apartments and a motel lodge

with -a capacity of 1,000 persons overnight, a shopping center

and a service station. On May 1, 1969, the “Visalia Times-

Delta” reported that this project, under consideration by Tulare

County, will cost 20 million dollars. I am informed and believe

that the impact of this project has not been considered in

studies of impact upon Mineral King and upon the National

Park and National Forest across which the access road to it

would be built.

NATIONAL PARK SERVICE

1. The Proposed Access Highway as it Crosses Sequoia

National Par}: Does Not Serve a Fundamental Park Purpose:

The road is intended to provide access from one point outside

the park to a private development on the other side. It was not

proposed by the Park Service, was not designed primarily ard

fundamentally to serve the Park, and any benefit to the Park is

incidental. The portion of the Park through which it travels was

‘not the subject of development plans at the time that the road

was first proposed, nor is it now.

In 1967, the Director of National Park Service requested

that a committee establish standards for guidance and control

of construction and use of park roads. The result of that request

was a report on April 11, 1968, from the Park Road Standards

Committee. That report was forwarded to the Secretary of the

Interior with the request that he give his approvalvand that the

———

secommendations be implemented within the Department

immediately. He did approve recomme:‘dations including \the

following:

‘The Service needs to communicate widely that parks

are for leisurely travel and that park roads are purposely

designed for low speed . . . people need also to appreciate

that the purposes of park roads are completely different

from those of the Federal and State system. Park roads

are not continuations of the State and Federal retwork.

They should neither be designed — nor designated — to

serve as connecting links. Motorists should not be routed

through park roads to reach ultimate destinations. Within

parks, no road or other circulation system should be

designed simply as a connecting device to link points of

interest... (Emphasis added.)

“Approval of Design and Construction ‘To insure that

all National Park roads, or other circulation systems, are

in harmony with fundamental park purposes, the follow-

ing considerations must precede approval of design and

construction:

‘1. A professional ecological determination must be

mad2 that the resulting effects on park values — including

such aspects as wildlife habitat and mobility, drainage,

stream fle. ', and climatic effects of paved areas — will be

minimal.’ ’ (Emphasis added.)

I am irformed and believe that none of the prescribed standards

have been met in the case of the Mineral King Highway.

2. There Remains Confusion Between Park Service and

Forest Service Concerning the Capacity, Size and Operational

Limits of the Road which Will Lead Either to ihe Conclusion

that There is Not Enough Access to Make Mineral King Profit-

able or that an Even Wider and Immensely More Dan«:ging

Highway Must Be Established. For several years, the Depart-

ment of Interior refused to approve a right-of-way across

Sequoia National Park; when it finally did, the Department

made clear that the road must be limited to two lanes without

any passing Janes. See letters dated October 16, 1968, and

November 19, 1968, from the Secretary of the Interior to the

Secretary of Agriculture, a letter dated November 19, 1968,

from Edward A. Hummel to Er.ward P. Cliff and a letter dated

April 1, 1968, from Karl T. Gilbert to James C. Cooper, these

letters being attached hereto and marked Exhibits “T”’ through

“W’’, respectively. It insisted that the State of California adhere

to the design standards established by Mr. John Clarkeson, a

consulting engineer in highway design. Mr. Clarkeson’s report

contains the following observations:

“The primary purpose-of-the-proposed highway is to

~~ serve the Mineral King development. It is anticipated that

up to 14,000 persons will be served here each day. Of

these, approximately two-thirds will be day-time visitors

(traveling to and from the area in the same day), and

one-third will be overnight visitors staying one or more

nights at Mineral King.

“In addition, at Silver City, at the approach to Mineral

King Canyon, there is proposed another development of

year-round residence units, the present number of which

has not been firmed up. There are privately-owned

camps, ranches, etc., along the transportation corridor;

these are few and’ far as their effect in traffic load is

concerned, but they must be considered by any future

undertaking...

“My observations on Route 198 from Visalia to Three

Rivers on my visit to the area confirms my past experi-

ence with this type of design. The safety lane as designed

by California is, in my opinion, very unsafe and should

not be used...

“Regarding the entire design, our information is that

the single directional peak hour flow is anticipated at 850

vehicles per hour. This is a very high one-directional load

for a two-lane highway and can be handled only with

reasonable traffic control. Further, if two-thirds of the

14,000 daily visitors to the Mineral King area go in and

out within one day, this will place a load of 9,490 visitors

making a round trip in 2,500 vehicles. To keep the hourly

peak to 850 per hour, only one-third of these can leave in

any one hour...

“Unless some control or other means is considered

this two-lane road does not look at all adequate for a

14,000- a-day visitor load where so many will be one-day

visitors.” (Emphasis added.)

(Report on Road to Mineral King, The Clarkeson Engi-

neering Company, Incorporated, attached hereto and

marked Exhibit “‘X’’)

Meanwhile, the Forest Service was statiny that:

“The peak load capacity would be about 1,200 cars

per hour.” (Forest Supervisor L. M. Whitfield’s letter of

May 15, 1968,to Mr. Jack Hope, Exhibit a

This inconsistency on a matter which is regarded as ‘the key

limiting factor in the use of Mineral King is importnat because

the immediate pressure upon the Park Service to establish addi-

tional lanes either by reason of financial difficulty or a perpet-

ual traffic snarl at Mineral King would be difficult to withstand.

Four lanes would result in the devastation of the entire corridor

of Sequoia National Park across which the road would be

located. :

3. The Road Would Produce a Severely Adverse Impact

upon the Park in its Natural State. As stated in the Clarkeson

report: Sy

‘‘Obviously, any road construction to present-day

standards could not be built through this area without

affecting the ecology of the area. Within the road prism

(cuts and fills) plant life would, of course, be disturbed,

and since the top soil for regenerating plant life is sparse,

earls vegetative cover on cut and fill slopes would be very

slow in developing.

“More than that, the road, if primarily based on cut

and fill construction, would be a barrier to wild life and

visitor movements throughout this area of the park.

Animals and men would have to cross the road to the risk

not only of such persons and wild life but also to the risk

of users of the highway. (Report on Road to Mineral

King, sypra. )

4. Developer Must Rely upon a Future Approval by Con-

gress of a Power Line Crossing Sequoia National Park. Based

upon a statement made to me on April 25, 1969, by Rober D.

Hicks, Project Manager for Developer, I am informed and believe

that Developer's intention is to meet the electrical needs of the

Mineral King development by contracting for the location of a

66,000 volt power line across Sequoia National Park in the

general vicinity of the proposed road. I am aware of no authori-

zation by Congress to permit such a power line.

Congress presently has before it proposed legislation estab-

lishing Sequoia National Game. Refuge as a part of Sequoia .

National Park. I am informed and believe that the granting of

permits and approvals to permit construction of the develop-

ment and of this road would cause a diminution of the very

park values presently being considered by Congress.

J. MICHAEL McCLOSKEY

STATE OF CALIFORNIA

CITY AND COUNTY OF a.

SAN FRANCISCO

Subscribed and sworn to before me

on June 4, 1969.

LINDA A. UMBERTUS

Notary Public

LINDA A. UMBERTUS

NOTARY PUBLIC - CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

My Commission Expires January 20, 1973

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Userram STATES DEPARTMENT OF AGRICULTURE

FOREST SERVICE

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SPECIAL USE PERMIT Saws =

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Perusiecien fe hereby grented to "82% Diswsy Protucticns. © eorporction,

£00 Ceuta Buora Vista Strest, Durveat, Cal‘fcraia fie '*.>

<hr called tho porultion, to use cubject ts the conditions ont oat below, the following described

lands or inprovements :

. Ietiernn) Forest acd et the heccraters ef the Tact Pers of ths Douccsh River,

eaxiuly ixevn as tuo Cincral Sing area, in the Scquoia thticmnl Forcast

(?. 17 &., R DE.,

‘This permit covers (28 10006) seres and/or ____ mafles and fs leneed for the purpene of:

Eeking detailed surveys end plans for the covelopaont ef e vinter end sucor

rocroation ¢ovclo;=ont cxctins the ainic=s roquircconts ef ti Linercl Zing

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High Sierra wonderland

Unsurpassed im natura] splendor, Mimeral King is

Perhaps more similar to the European Alps than

any other ares in the United States. Altitudes

range from the 7,900-foot valley to surrounding

mountains thet reach the 12,400-foot level. The

High Sierra wonderland, located in Sequoia

National Forest, is generously endowed with

lakes, streams, cascades, caverns and matchless

moantain vistas.

KR. cognizing t.st Mineral King’s alpine charac-

ter wi’ always be its greatest asset, Disney's staff

is devek ving a macter plan for yeer-round recree-

tional fm “ties which will actually enba ce the

beauty of \ 2 area. Their plan is designed to pre-

serve the na. wal beauty of Mineral King cad to

make it accessible to more then the limited num-

ber of people who now enjoy its unperalieled

quali: ss.

Lecated within a four- to five-hour drive from

the Los Angeles and San Francisco metropolitan

centers, Mineral King will sttract an estimated 1.7

million visitors ancruaily when it is fully developed.

Of this number about 600,000 will come from out

of state.

53a

Skier’s paradise

Mineral King 1 inigh altitede given Ge erm any

Rockies Aad man) experianced skters cay fie

shogpes rive! sme fe thee ert)

homme of the beget i cane a berth amemrtce

owt be dewebaped trom: the cme ot mene samme!

ing bowls to Faculty Flat, gatewuy to Mimeral

Rimg Sale Sees scl he cemmew han Amer aes vee

Send mts leg

Prabteninert smtimmsimr lanatirwee tes ocho nih

cmevdaped: Ay akeper ef amaih ocmcemseectete og

to 98,000 skiers st one time.

Preserving its beauty

Wak Disney's Mineral King plan calls for all strec-

tur to be styled akong the limes of the Swe chal

fe mmepeny ith thew kip erring The te

Owe of the most important conmierstions sm che

umique Disney concept is the exchusian of vieiier

seta zobihes from Mieera] King Velhey — another

Wak Disney Production: estimates thet « capita!

mvestmen excesdimg $35 milhor wil be required

devebog hdtmern) King ie ecoordemce with the Meme

proposal By 1978, projected os the fist year of full

operstion, the imitie] phase af the project wil tmchece —

cag

approach to avoid distraction trom its beauty.

Visitor vehicles will be parked in a large area con-

veniently near the Valley entrance.

Since no visitor cars will be adaditted to the Val-

ley, widely experienced Disney engineers wil’

design 2 public conveyance to speed guests from

the parking area into and through Mineral King.

They will create a system that will be aesthetically

pleasing and in keeping with the scenery.

Project status

On December 17. 1965, U.S. Secretary of Agricul-

ture Orville Freeman announced thet Walt Disney

Productions had been selected by the United

States Forest Service to develop Mineral King.

The Forest Service then granted the Disney

organization a permit expiring im January, 1989,

to finalize plans for the development. Also by that

deadline, the Grst contract ~ust be let for con-

struction of State Route 276 from Three Rivers to

Mineral King. This new all-w .ether road, 90 miles

to heagh, wel cash pemciite yaueteund eneam

Minerc! King.

MAJOR HOTELS AND LODCES — offering

huxury and medium-prnoce category scoommode-

thons — oriented to views of mountain gaps, river

gorges, ski slopes and sports activities;

TEN RESTAURANTS located throughout the

areas for year-round use,

SNOW PLAY AREA. convemently located near

the Village and away from ski areas, where sev-

eral hundred people may engage m their favorite

snow activites — tobogganing. shed rides and fun

with specially designed equipment;

AND, along with suziliary services, a conven-

tently located ski school facility with ski and

locker rentals, first-aid station, hospital and

Forest Service office.

o 5S &

53b

Since obtaining the planning permit, sumbere

of the Disney staff and their consultants cana

ducted a wide variety of on-site surveys

and weather conditions, soil and tersaia, 0 pro-

studying recreationa] areas throughout the werid

to collect data for use in finalizing plams fer Mim-

era] King.

When the master pla is approved and the first

contract ewarded on the new sced, the Forest

Service will issue « 90-year term permit to Walt

Disney Productions, and will have, st all times

end im every way, full approval of the Mineral

King development. These two organizations wf

work im concert to meet the public need.

Pimas call &= « villag? and mitial ski facthities to

open et Mimeral King in the winter of 1973-2974

concurrent with the completion of the new sccess

road.

in 1978, eight ski lifts will begin operation, tuh-

ing skiers to four major bows from the valley floor.

These bowis will easily handle un to 7000 skiers

at one time.

There will also be accommodetions for as mamy

LLNS T, ANE

Walt Disney’s hope

for Mineral King

“We believe that Mineral King should be much

more than the best place to spend a vacation or

holiday. We want it to be an experience with the

outdoors for those wio love nature — or who want

to learn to love it. :

“It is our plan to make Mivcral King a year-

alibi Fe ie

good place to put skis on for the first time .. . the

ideal spot for an old-fashioned family outing...

home base for wild-life stedex.'s, hikers, fishermen

just want to get away for a breath of fresh, invig-

orating mountain air. .

“Stated simply, we are planning Mineral King

with you in mind Whatever your interests, athletic

abilities or income level, we want Mineral King to

be your choice for outdoor, year-round recres-

tional activities.

“Ou: plan for the ares is bving guided by one

orher very important consideration: Mineral King’s

great natural beauty must be preserved at all costs.

“When I frst siw Mineral King, | thought it was

one of the most beautiful places in the world, and

we will keep it that way. With its development, we

will prove once again thet man snd nature can

work together to the benefit of both.”

$3c

episode sides

Memorandum

Revenge nets Age

+3 Gordan fg Che irman Gas: September 6, 1967

California Highway Commission fe, 06-Tul-276 0.0/20.5

This recommended location is to be developed a8

an eccess-controlied facility. It is epovextesseiy 20-°

mae 000800 and is estimated to ore a'esd tus

for construct

Giscusced in the attached Repors of Rowse Suesice,

@ single studied location in the the east fork of

the Kawsah River te offer most feasible oe

The project is located primarily through U. 3.

Government lands. ‘The centrel portion crosses a six-aile

width of Sequoia National Pars. To the east of Sequota

Nationa! Parz, the highway is elmost entirely within federslly

owned Metiona! Forest ‘ands. To the west, federel lanis under

the Jutietission of the Bureau of Land Manegement are primsrily

involved with eigenen | owned property representing about 25 *%o

30 percent of _ tote

SURMARY OF REACTIONS

Endorsenents for or opposition to the project have

been received from a very wide range of public ies and

officleis, civic and group organizations, end ividuals.

re a

Mr. Gordon C. Luce and sprees 8: 1967

Members of the Commission -2- Tul -276

Governmental agencies supporting the project include

the Tulare County Board of Supervisors, the Porterville City

Council, and the U.S. Forest Service.

The project has been endorsed br a rmmber of legis-

lators including U. 3. Senators Thomas Kuchel and George Murphy,

Congressman Robert Mathias, State Senators Hugh Burns and

Howard Way, and Assemblyman Gordon Duffy. Mayor Sam Yorty of

Los Angeles has also expressed support of the project.

Organizations supporting the © include the

State Chamber of Commerce, the Porterville Chamber of Commerce,

the Tulare County Highway Committee, the Par West Ski Associa-

tion, the California Wildlife Federation, the Advisory Committee

to the U. 3. Porestry Service, the Sierra Land Use Coemittee,

and Walt Disney Productions.

Those opposing the project include Assemblyman Alan

Sieroty, the Kern-Kaweah of the Sierra Club, and the

Mineral King District Association.

At the public hearing held on August 10, 1967,

12 individuals spoke or wrote letters for the record opposing

wae aenneeee of the route, and four went on record favoring

project.

t the entire rou*e study stage since initia-

tion in April 1966, the project has Rade tay heokegd

public interest. The Division, the Sperumas, the Commis-

sion have received many letters from individuals and organizs-

— Sapreneens both support and opposition to the Route 276

project.

Just prior to the public hearing in a letter dated

August 2, 1967, Mr. Robert B. Moore, Acting Regional Director

of the National Park Service, advised that the Secretary of

the Interior has not decided to permit access to the Miners)

King area across Sequoia National Park lands. He further

stated that the National Park Service would be without author-

ity to participate in a public hearing.

On the day of the August 10, 1967, public hearing, a

telegram was received from Assistant Secretary of the Interior

Stanley A. Cain advising that no easement exists for the

planned new highway through Sequoia National Park to service

Gevelopment at Mineral King and the decision on this cucstion

has not been made.

Mr. Gordon C. Luce and September 8, 1967

Members of the Commission -3- 06-Tul-276

RECOMMENDATION

On the basis of the engineering studies, the

conferences with local, State and federal authorities, and

the results of the public hearing held in connection with

the project, the single studied location as shown on che

attached map is recommended for route adoption consideration.

Although the Department of the Interior has not

given approval to cross Sequoia National Park lands, the

recommended corridor across park lands is considered the only

feasible location for development of the route as authorized

by the Legislature. With adoption of the route, the State

will have a firm proposal to present to the Department of

the Interior for consideration.

The proposed alignment is compatible with the

terrain with every attempt being made to avoid disruption

of the area. It also meets the requirements of the U.S.

Forest Service for development of the Mineral King recre-

ational complex.

The project has received wide public support,

including that of Governor Ronald Reagan, former Governor

Edmund G. Brown, U. S. Senators Thomas Kuchel and George

Murphy, Secretary of fgriculture Orville Freeman, and the

Tulare County Board of Supervisors. Although opposed by

conservationists, the highway will permit access to and

recreational development of the Minera) King area, benefiting

both the economy of Tulare County and the recreational

demands of California's ever-expanding population.

It is therefore recommended that the Commission

take appropriate action to authorize the State Highway

Engineer to proceed in accordance with current rrocedural

policy to notify the Tulare County Board of S:s«rvisors and

the local press of the Commission's intention to consider

the adoption of a route and its designation as a freeway.

J. A. LEQGARZ

State ay Engineer

Attach.

REPORT

ROUTE STUDIES

RELATIVE TO

THE FREEWAY LOCATION

*0.6 MILE EAST OF SALT CREEK

NEAR ROUTE 198

AND

MINERAL KING

06-TUL-276 0.0/20.4

SEPTEMBER 1967

ele 06-Tul -276 0.0/20.4

PROPOSAL

It is proposed to establish the location as en

access-cuntrolled facility of the portion of State Highway

Route 276 in Tulare County between 0.6 mile east of Salt Creek

neur Poute 195 and Mineral King, a distance of approximately .

20.4 miles.

The route is to be developed as an all-weather

highway to provide access to the proposed $35 million ;

recreational complex at Mineral King being planned by

Walt Disney Productions under permit from the U. 3. Forest

Service.

BACKOROUND INFORMATION

Route 276 was added to the State Highway System by

action of the 1965 Legisleture.

At the April 21, 1966, Commission meeting, the

Division presented e@ brief status report covering planning

considerations involved in development of the route. This

— advised that the Governor's office had on April 4,

- 2 sananmabehies acne mae tea Senki ané design _.

men ra r P 2

of route development. (The application was ascents

revised to a request for a construction grant.)

Following discussion of the project at the April 21,

1966, meeting, the Commission adopted a motion direct the

Division to immediately initiate routing studies so that the

location, t, of facility, and estimated costes for development

of Route 276 could be determined at an early date. These

studies are now completed and a public hearing has veen held.

Since development of the route will require traversing portions

of Sequoia National Park and Sequoia National Forest, the

aa been closely coordinated with park and forest

officials.

In the 1966 First Extreordinary Session, Senate

Concurrent Resolution No. 19 was passed on May 16, 1960, which

requested the Highway Comaission and the Division of Highways

to undertaxe el] steps necessary to bring about prompt selec-

tion, adoption, end determination of the location of Route 276.

On December 14, 1966, the California Transportation .

Agency accepted a $3 million federal construction t from

the Economic Development Administration to help de the

costs of the Mineral King highway project. The Economic

Development Administration grant required the entire project

to be under contract within 24 months and also required that

-2- 06-111-276 0.0/20.4

the Federal Government must be furniched evidence by March 31,

1967, that th: State has available sufficient funds to complete

At its meeting on April 20, 1967, the Highway Commis-

for saaehaenen at Mae atoee on $800,000 far expenditures

or ac t ts way on Route the

1967-62 Plast year. In this resolution, te Commission also

Geclared its intent to budget, as necessary all funds needed

to permit award of all construction contracts over a subse-

quent period of four years for the Mineral King project in

accordance with the Economic Develorment Administre*ion Offer

of Grant as revised.

Aleo at its April 20, 1967, meeting, the Highway

Commission adopted a separate motion requesting the Legislature

to give consideration to a toll road as a means of helping to

finance the project.

Qn June 15, 1967, House ccesbuhaen Mo. 250 by

adopted by

Gefraying the cost of the Route 276 highway to Mineral

Because of the complex financial considerations

involved in possible use charges involving the. selling of

revenue bonds, it was felt that an outside consultant should

be retained to assist in the preparation of these aspects.

The Division is negotiating with the firm of Coverdale and

| coipitts to undertake these studies, which are expected to

‘Pequire 90 to 120 days to accomplish.

PRINCIPAL CITIES OR COMMUNITIES

The subject project begins on Route 198 about 32

miles. east of Visalia near the unincorporated community of

Three Rivers; which has e population of approximately 1.,000.

The route terminates at Mineral King, where there are a number

of summer homes, a pack station, a store, and a ranger station.

ROUTE PLANNING

The legislative description of Route 276 is froa

"Route 196 near Three Rivers to Mineral King."

SEERA RL EE EO TA ELI TT IE ENE HE PPTL NAMIE RSMAS OBR MNS tt

-3- 06-Tu1-276 0.0/20.%

$ Route 276 is not included in either the California

Preevay «und Expressway System or the State Scenic Higmmy

System. The route is not presently included in any Federal-

eid system of highways.

The beginning of the project at this time is about

0.6 mile east of Route 198 so as not to prejudice the selec-

tion of e routing for future relocation of Route 196 in the _

Three Rivers area for which stucies are now under way. The

connection uatween Routes 276 a. 196 will be included in the

— 198 stuiy, which is expected to be completed in early

1968.

EXISTING COUNTY ROAD

\ Tulare County maintains a very narrow and substan-

dard road between Three Rivers and Mineral King. Its length

is approximately 25 miles, consisting of extremely substan-

dard al nt and grades. There are a number of switchbacks

with radii of less then 50 feet. Most of the surface is oiled

a gy several short sections consisting of only a graded

roa "

The road traverses from Elevation 1,160 at the junc-

tion of Route -198 to an elevation of 7,830 at Mineral .

Heavy snow generally exists during the winter southeast o

Lookout Point (about 10 miles east of Three Rivers), and pres-

ently the road is closed beyond this point during the winter

months.

The local name of the existing county road is

"Mineral King Road." It was reviewed in the field and found

not to qualify for acceptance for State maintenance.

TRAFFIC

The Tulare County Road Cormissioner's office esti-

mates current average daily traffic on -he county road to be

95 vehicles. Counts made over the 1966 Memoriai Day weekend

indicates a Sctal of 1,483 vehicles between mi¢dnisas Thursday

and micnigat ‘ond:y. The highest single day wes Sunday, which

registered "“S3 vehicles. ‘The highest hourly volume éuring ‘che

weekend vas 107 vehicies, with several nours in the range

of 50 vehicles.

On the basis of the recreational development proposed

by the Disney firm, it is estimated that by 1975, upon comple-

tion of the first phase of Gevelopment, the average daily treffic

volume would bee vehicles. ‘uring the peak months (summer)

the everase deily treffic would increase to_ 9,850 vehicles. Sy

1990, the averege daily traffic is estimated te tncresse to_ 6,900

\ vehicles.

—_— ELIE OEE ENA SNe STORRS hy

~has been evident that a wide variation of driving speeds will

will have a capacity at least 1,200 vehic hour in

il one G@irection. This is conside e .

[ Spe Progected. traftic -Wineral

| Xing opment.

ALTERNATE ROUTES |

’ based on reco Sance studies, it was concluded that

. —

BAN EEA EERIE EAP TST BITE LNA OLIN EF BRT LINE MTS OE ee eae OE ee FERS

06-Tul-276 t -0/20 e 4

TYPICAL SECTIOY

mee Cost estimates are based on development of a basic

two-lane 28-foot roadbed section with safety ‘anes for passing

ak frequent intervals.

Since the early stages of planning of the route, it

prevatl. This, combined with the limited oppertunities for

passing maneuvers on the 20-foot roadbed and the. sustained

grades, creates ele eat need for safety lanes to low

pass at inte sa the route. These lanes will also

a for instei1ing and removing ste ahaina, depending

upon the, snow °

Experience has shown that these safe lanes shovld

be approxima 1x coe half mile in length. We also believe

they should be spa 80 t vehicles would have to tolerate

no more than five minutes_in a queue without a passing

Opportunity. The exact positioning of these lanes would be

—ae during further study during detail design of the

project.

mh. proposed 26-foot, two-lane road, under the

Planned conditions of P gpmy and sight distance restrictions,

sion's request of

April 21, 1966, for immediate commencement of studies to

Getermine the routing and standards for an all-season

~~ zs,

Seve corridors were initially considered but

feasible development of an all-weather highway to Mineral King

is possible oniy in the corridor of the east fork of the

Kaweah. River. existing county road to Mineral King

generally parallels this water course; however, very little

of the existing roadbed can be incorporated into the proposed

all-weather highway.

Within this corridor, two alignments for the

westerly portion of the project were studied in detail.

Both were based on a minimm curve radius of 850 feet, but

one alignment utilized a maximm grade of 6 percent while

the othcr uscd a eaximm grade of 8 percent below the 5,000-

foot elevation and 6 percent above the 5,C00-foot elevation.

This latter alignment is 2.3 miles shorter, and its construc-

tion cost is estimated to be $3.5 million lower.

iis 06-T1-276 0.0/20.4

After considering the economic and engineering

factors end with the concurrence of other governments’

agencies involved, the alignment utilizing the eighs

percent maximm grade below 5,000 feet was presenced at

the public hearing as a single proposal representing the

most feasible plan of development. The proposed routing

is shown on the attached man, Exhibit A. The horizonte?)

alignment in combination with the grades proposed and treffic

volusues enticipated, should provide safe operating speeds in

the range of 35 to 50 miles per hour. ‘

The project is 20.4 miles in length and is esti-

mated to cost $22,800,000, including $22,000,000 for construc-

tion and $400,000 for rights of way. The project terminates

at the location of the proposed parking area to serve the

Disney recreational development. ‘Tnis pa area is just

outside the Mineral King basin in an area called Pacuity Flat.

The Disney plan is to provide some kind of mass transporta-

pone ee the paricing area and the Mineral King recreational

ac es. .

The route is located primarily through U. S$. Govern-

ment lands. The central portion crosses a six-mile width of

Sequoia. National Park. To the east of the nat2onal park,

the project is almost entirely within federally owned National

Forest lands. “To the west, federal lands under the jurisdic-

tion of the Bureau of Land Management are primarily involved

with privately owned property reprecenting about 25 to 30

percent of the total.

In order to insure that the planned capacity of

the roadway may be maintained and to assist in corridor con-

trol to preserve scenic aspects, it is proposed to acquire

access rights through private properties. To accomplish this,

it will be necessary for the Highway Commission to adopt the

route as a freeway.

During the course of our studies, considerable.

_Sttenticn was given to the problem of preservation of Giant

pSequoia trees. By field surveys, we have located and deter-

eeeed the size of every e*quoia tree in the gereral vicinity

plot the projected line. L. addition, the Division has seemed

, the services of Dr. Richard Hartesveldt, a recognized authority

‘on ecology, particularly pertaining to sequoia groves.

_ Dr. Hartesveldt studied in the field the relationsnip of the

‘Iprojected line to the sequoias. |

Tt is the Division's intention to heed

‘Dr. Hartesve.4t's warnings involv encroychment within

the. root areas of the sequ . the ce

of erosive concentration of runoff in the naturel drainages.

Pive gtructures are proposed specifically = duce ct

e-.- the groves. To our present knowledge, no.

can

Noone need be destroyed to allow passage of the projected

-6- '06-Tul-276 9.0/20.4

Anotier matter relating to ecology which will

receive special attention will be provisian of safe crossing

for wildlife, particularly deer. Special studies of this

problem are now under way for a similar highway in Northern

COORDINATED TRANSPORTATION PLANNING

A. Master Plans

The current Area General Plan for Tulare “ounty was

. adopted prior to the issuance of the Mineral Fing

' Gevelopment prospectus by the Forest Service and

contains no reference to a new or high standard

route to Mineral King.

B. City Street and County Road Traffic

proposed

at @ mmber of locations. Where the county road

project is a wejor e)-ement in the development

the Mineral King rec:wational complex. Because

the impact of the Mineral King development, this

te Telated future Route 196 freeway will

be the backbone of the transportation network in

eastern Tulare County.

COMMUNITY FASTILITIES AND RESOURCES

A. Schools

No schocls exist within the limits of the proposed

route. The area is sparsely populated at present

with very few residents.

B. Public Recreational Resources

AS previously mentioned, the project will provide

for development at iinerel Nine te ten eee

or development at ral King Walt od

@uctions under permit from the U. 8. Porest Service.

\\ The route also crosses a six-mile width of Sequoia

Mational Park, thus affording greater public access

-7- 06-Tul-276 0.0/20.4

to the southern part of the park which contains |

the Atwell and East Fork Groves of Giant Sequoia |

redwoods. The Mineral King and Sequoia National

Park aspects are discussed separately below.

1. Mineral King Recreational Development

In February 1965, the U. S. Forest Service

issued a "Prospectus for a Proposed Recreational

Development at Mineral King in Sequoia National

Forest." The purpose of this prospectus was to

solicit proposals from private investors for

development of an extensive winter and sumer

recreational complex at Mineral King.

In Jarmary 1966, the Forest Service awarded a

preliminary three-year permit to Walt Disney

. Productions to undertake planning for the

recreational development of the Mineral King

area. Under the terms of the permit, rovement

of the 25-mile access road from Route 1 near

Hammond to such a standard that winter visitors

can Grive their owm cars to Mineral King must

also be programmed during the same period.

A 3-year term permit will follow the preliminary

permit when (1) recreational development progrems

and plans submitted are approved by the Forest

Service, (2) the first contract is let for a sig-

nificant portion of the road, and (3) funds are

programmed for completion of the road improvement

project within five years. If any one of these

requirements is not met, the preliminary permit

will expire three years from the date of issue,

and no term permit will be granted by the Forest

Service.

The Walt Disney proposal envisions an investment

of about $35 million by 1976 to develop Mineral

King facilities in accordance with its master

plan. This plan anticipates two million visitors

annually with eccommodations for 3,600 overnight

visitors in. permanent facilities and 2,000 more

in seasonal facilities. Plans include provision

for as many as 20 ‘ski lifts to at least four

major bowls.

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8- 06-Tul-276 0.0/20.4

Sequoia National Park

The central 9.2 miles of the proposed routing

is within Sequoia National Park. The location

studies through the park were closely coordi-

nated with park officials through correspondence

and numerous meetings and conferences.

It had been assumed that the Forest Service

invitation for the Mineral King recreational

devzlopment proposals were made with the under-

standing that development of an improved access

road across the park was satisfactory to the

National Park Service. In his letter of

April 18, 1967, to Chairman of the Highway Com-

mission Gordon C. Luce, Secretary of Agriculture

Orville Preeman restated this position and

further emphasized that his department was con-

vinced that such a road could be built without

jeopardizing the important National Park values

involved. A copy of Secretary Freeman's letter

is included in the record of the public hearing

furnished to the members of the Commission.

Regardless of any prior understanding between

the Departments of Agriculture and the Interior,

Secretary of the Interior Stewart Udall has not

yet agreed to permit construction of Route 276

across Sequoia Park lands. Statements to this

effect were contained in (1) a letter dated

August 2, 1967, from Mr. Robert B, Moore, Acting

Regional Director of the National Park Service,

and (2) in a telegram dated August 10, 1967,

from Assistant Secretary of the Interior

Stanley A. Cain. (Copies of this letter and

telegram are included in the record of public

hearing.)

Although park officials appear to be in agreement

with the proposed route location if access across

the park is permitted, Mr. Moore in his August 2

letter objected to the inclusion of safety pass-

ing lanes as an indication that the State does

In response to a request from the Park Service,

the Division looked into possible means of high-

way development to Mineral ding which would avoid

| ee 3

3 & eA

eS ee

-Q- 06-Tul-276 0 -0/20 4

1 a north/south routing from State Highway

\ 190 via Farewell Gap Summit and (2) a

1 unéer the park surface in the corridor

f the East Pork of the Kaweah River.

A route from Mineral King via Parewell Gap

a 5. 3emile long

associated with this routing would be higher

than those for a location in the East Fork of

the Kaweah River corridor since a longer length

of the route is above the snow line.

As an alternative to a surface road across the

perk in the East Fork corridor, the Division

investigated a_tannel beginning at a point near

the terly park boundary and ending at.the

eesterly park boundary near Cabin Cove. This

tunnel would run general?y easterly ole eae

alignment with an uphill grede of about 5.

percent. It is estimated that such a tunnel

would increase the estimated construction cost

by seeecarennely $57_million over that of a

ace route.

Because of the excessive construction costs and

the problems of operation and maintenance on the

possible alternatives utilizing long tunnels, it

was concluded that the only feasible plan of

development for a suitable access road to Minere)

King is a surface highway along the genera)

corridor of the East Fork of the Kaweah River.

Our investigations indicate there are no practical

alternatives worthy of further consideration.

-10- 06-Tu1-276 0.0/20.4

The Park Service also asked if other forms of

transportation had been investigated. The

Division replied that it had statute authority

only in the field of highway development and

could not legally expend funds for studies of

other forms of transportation to Mineral King.

It is understood, however, that both the U. s.

Forest Service and the Disney organization have

‘looked into ather possible trensportation means

but have concluded that a modern, all-weather

; is the only practical means of providing

, eccess.

Because of concern expressed by the Park Service

with regard to impact of the proposed highway

upon ecology, the Division, as vreviously noted,

retained the services of Dr. Richard J.

Hartesveldt, Associate Professor of Biologica)

Sciences at San Jose State College, to make such

a study. Dr. Hartesveldt had been recommended by

the Wational Park Service and has made ‘other

ecological studies for the Park Service in the

Sequoia and Kings Canyon National Parks redwood

groves.

On November 21, 1966, a hearing was held in

Fresno by the National Park Service to receive

comaents with regard to wilderness proposals for

Sequois National Park. The National Park Service

proposal for the creation of a Sierra Crest

Wilderness end a Hockett Wilderness specifically

provides for a corridor between the units about

two miles wide along the east fork of the Kaweah

River to accommodate improved public access to

Mineral King.

C. .- Historical Areas

There are no known historical sites or areas affected

by the proposed routing.

D. Aesthetic Values

Although not presently included in the State Scenic

Highway System, the project traverses superb scenery

in the canyon of the east fork of the Kaweah River,

and she completed highway undoubtedly will provide

one of the most scenic drives in the State.

06-Tul-276 0.0/20.4

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occasional marginal grazing lands.

Federal

cilities

Public

and

Wo significant public facilities are involved.

On T

Bat fiona) forest

@uring the project studies.

EDP

‘

C. Notification of State, Pederal, and Local Agencies

-12- 06-Tul-276 0.0/20.4

During the early reriod of our studies, the

Division constructed a seven-foot long, three-

dimeinsional model of the route corridor. This

model has been used on many occasicns in connection

with meetings, conferences, and displays.

Notification of Local Authorities of Provisions of

ction ° e reets

On May 2, 1966, the Tulare County Board of Super-

visors was notified by letter of the provisions of

Section 75.5 of the Streets and Highways Code.

No information with respect. to this section of the

Code was offered for presentation at the public

hearing

Letters of notification of the project studies were

sent to State, Federal, and local agencies listed on

the attached Exhibit B.

The Division of Forestry by letter dated July 12,

1966, noted that its Hammona Forest Fire Station

would be affected by the highway routing as proposed

In this regard, a change in the proposed routing has

been made to eliminate this conflict.

The Regional Water Quality Control Board, Central

Valley Region, by letter dated November 7, 1965,

requested that they be notified in the event it

is necessary to create crossings of the East Fork

Kaweeh River so pollution prevention measures could

be mutually discussed.

a dated August 2, 1967, the Department of

and Game requested that every effort be made to

‘minimize the loss of wildlife through the use of «©

protective devices such as warning signs, reflectors,

fences, and wildlife crossings. They also suggested

consideration of estebdlisninz access points or park-

ing areas for hunters on pub}ic lands along the route

up to the park line. They also requested considera-

tion of the protection of water quality in the East

Fork Kaweah River.

None of the other replies from the various agencies

indicated any conflict in planning.

-13- 06-Tul-276 0.0/20.4

D. Public Hearing

A well-publicized public hearing wes held in the

Three Rivers Memorial Building in Three Rivers on

August 10, 1967. Approximately 210 people attended

the hearing, including Assemblyman Alan Sieroty,

Mr. Joseph BE. Doctor representing State Senatcr

Howard Way, Mr. Prenk 8. Reiche represent Svate

Assemblyman Gordon Duffy, members of the

County Boerd of Supervisers, the Tulare County

Planning Director, members of the Tulare County

Road rtment, the Superintendent of the ia

Nat Park, the Supervisor of the Sequoia National

Forest, and representatives of the U. 3. Forest

Service, California Department of Pish and Geme,

Southwest Regional Federal Water Pollution Control

Mministration, Bureau of Land Management, and the

Kern County Board of Supervisors.

The District Engineer, District 06, presided at

this hearing at which the single studied proposal

was presented. ~

Government agencies supporting the project included

the Tulare County Board of Supervisors, Porterville

City Council, and the U. 8. Forest Service.

The Kern County Board of Supervisors urged that

the be constructed “without prejudice to

the allocation of State highway funds for other

highway projects ."

The project was endorsed by a number of legislators

including Congressman Robert Mathias and State

Senators Hugh Burns and Howard Way.

State Assemblyman Alan Sieroty opposed the project.

Organizations supporting the project include the

State Chamber of Commerce, the Porterville Chamber

of Commerce, the Tulare County Highway Committee,

the Advisory Committee to the U. S. Forest Service,

the Par West Ski Association, and the California

Wildlife Federation.

8 ;

( { The Kerri-Kaweah Chapter of the Sierra Club opposed

the project.

A representative of Walt Disney Productions supported |

the project and outlined the history of the proposed

Mineral King recreational development.

ee LOOX REL SE IED ISLA INIe ti,

: ® sie

-14- 06-Tul-276 0.0/20.4

Of those individuals expressing a preference, four

Opposed the proposed project, and one supported it

as presented.

Copies of the transcript of proceedings and the

report of public hearing were forwarded for the

attention of the members of the Highway Commission

under date of September 7, 1967.

Corres nce and Statements Received Prior

to_and Subsequent to the Public Hearing

In April 1967 at the time the Commiswion was con-

sidering whether to proceed with financing, telegrams

Senators George Murphy and Thomas Kuchel, Congressman

Robert Mathias, State Senator Hugh Burns, Assemblyman

Gordon Duffy, and Mayor of Los Angeles ‘am Yorty.

In a letter dated t 10, 1967, the Cutter-Orosi

r of Commerce feit that the cost of the Mineral

King highway should te piid for by those who use it.

Letters for the record of hearing were received from

@ight individuals Opposing the project and three

individuals favoring the project.

The Mineral King District Association, in a statement

Gated August 17, 5967, felt the proposed route should

not be built.

Several letters were received subsequent to the hear-

ing from property owners and the Silver City Service

Club on behalf of Silver City property owners request-

ing that the proposed alignment be revised to miss

all cabins in the Silver City area if at all feasible

from an engineering standpoint.

Copies of all the afore-mentioned correspondence are

included in the record of’ the public hearing.

In addition to those submitted for the hearing record,

many letters have been received since the initiation

of studies in April 1966 expressing both support of

and opposition to development of Route 276.

-15- \ 06-Tu1-276 0.0/20.48

As noted above, priva roperty owners in the

vicinity of Silver Cit Tjust easterly of the east

boundary of Sequoia Me<ional Park) nave requested

that the routing be positioned to miss all cabins

if at all feasible.

It appears that the al t can be shifted

+ tly in the Silver City area to avoid several

cabins. However, it is not idle to miss all

cabins, and three or four «111 probably be re-

quired. Further studies in this regard will be

made during the final design stage to minimize as

much a8 possible the taking of cabins. Any shift

in alignment would be of a relatively minor nature

within the normal tolerance\of the route adostion.

ATTACHMENTS \

Exhibit A - Project Map.

Exhibit B - List of Local, te and Pederal

tes notified of initiation

route studies.

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Journal of the Americen Museu yw”

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always been access. The access reed will be expensive, even with

the modest standards propored - 28 feet vide with eccasions] passing

lanes, 6% to 8% credes, and minim 850 foot radius curves.

leed <epecity would be about 1.19fcars per hour. The zoad

eventw lly be « limiting factor in the use of Minerel King

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able to meet the demand.

capable

Mineral

es, if

wl wid udilfe ib

fist Berl 2

eeeaeelitt ibd all

fujthel july i

pre Hi li HH

Hea hy &

CEES Rae ee

a a

i: F 3 i irfsisi re

pal at if

ands ill ii

ee 2s

+ A

King to start,

eessonel and economically

ie auxtous for Mineral

eager for Mineral King to open. Many peaple

is agriculture,

ings to the Mineral King project ere favorable. The

see and enjoy Miner

large mumber of skiers are

Lecal, feel

82.

Subadtted in fulfillesst of Contrast Ke. 6177-2.

Uader the provisions ef the act ef the federal Congress of Septeater 25,

1990 which created Sequeia National Park, and under the provisions of the ast

ef dugust 25, 1916 which o- .<ed the National Park Service, this Service is

thus required te aniatain

Se = the sernery, natunl and historical objects in exch a annner

as will leave thes unimpaized for the enjoyment ef future generations.”

fans, the primary goal of the Rational Park Service explicitly qualifies the

anneer in which reads and etruciures any be built en national park lands.

Prisery values withia the parks are given tep protective prierity is any plea.

Damages te eocondary values must be held to a ainiaus.

One ef th << value for vhich Sequoia Fational Park was established

is the groves ef giant sequeias (Sequois gicsntes) found there. All cce~

otevetion or land masagement withia this park is suberdinate te the protection

ef these trees which might result freon such construction or sanagenent. It is

ne et nee ee et toe eine. £0, outenn ereren Sefennee

the veslegy ef this species. The ebjest <f this steady, then, was te deteraine

wat c\angss wight ecour from the construction ef a new high-epeed highvay

atreer the Atwell aad Redwood Creek Groves and to elaterate on theee chances

waich have a potential ef being detrimental te sequeias in the vicinity ef -.24

downstrean fre- the proposed read ali,y. sent.

A wief resume of the attributes of the gisat sequeia and of the physical

and Wielegionl aature ef the two greves te be creased will anke possible the

fullest eonprebension of the problezs which any be incurred and sted Licht

wyen the possible solutions te these problens.

(@w

he Atwell and Redwood Crock Groves are lesated on the generally eouth-

Seeing elope ef the East Fork of the Kavesh iver ot clevaticns varying frea

about 5,200 feet up te 8,800 fect on Paradise Ridge. Tee land 1s commonly

steep cud rocky although parte of it have gentle gradients and ect) a.terisls

have formed or collected inte decp acoumleticns. The Redweed Crock Grove is

cotianted te cover about 12) acres, acct of vaich is in close proximity to the

qvock iteslf, The Atwell Grove is abeut.1,500 scree in cise and is virtually

@ll under the juristiction of the National Park Service. It is a euperd

Grove ef coqecins and beare the distinction of having in it a soqueia tree at

@ Migher elevation then any other know - 8,800 feet on Paraticn Ridge.

Mest ef the coqueias of the Atwell Grove are located above the proposed

yeatay, tut anny of then are aleng the drainagowaye below the sain body of

48 where they have sccded became of the water transportation of beth sects

camden These extensions will be shown later on maps. It is aereas these

finger-like extearions that the now raduay is scheduled te be built. “

Wile the age-slasscs of the sequeias are aized in these tue groves, _

reprotuction hes been scent ince the tine of legging in the late 1800's. Some

fe to be found within the right-of-way ef the proposed read. Ie 1963, Aley

stated, “Reprotection in this grove (itvell) te epures eat conteered, and fa

ecnfined te faverable leeal sites such as stream benks, up-tursed ot,

males. Seme arene in the grove have ne reproduction ubatecever.”

Tt de not entirely clear whet Aley aeant by “reproduction.” Tere are

young trees in the aren covered for this study, but they are sestly sere thes ‘

30 yeare e14, judging fron their disnetere and heights. The few emall ence >

enecuntered appear suppressed by conpetition fer light end sell asisture ani

wesy likely are ef the came general age class. These trees are _reving co

Glewly that it could be onid that they are just barely surviving. Tew is ~

muster, those cuypresced trove vill probaly sxssub within the next 25 te

30 yeore. Sene will die earlier.

Za all, ne lew the prepowed

weatway centerline, of vhieh 95 emnlé be affected in sone cenner ty the esn-

Jetrection ef the read,

Be! ater, 1.2. SST Ge a

Trencicce, Califernia. & pe, ompe Hevesber, 1943.

(2)

(Fig. 1. Summary of Sequoia Trees Below Proposed Mineral

King Highway, Sequoia National Park, California. Omitted)

Eeesible Jaflecnces te Sequoien Ecolory Boone. of Pood Duiléing

he coqneda, while act on indelicate tree, has at least two vulecrable

pointe viich anct be given serious conuideration for any and ali read con-

treet ee Firet, aature coqucias are enccecively large and heavy. Their

weet ayetens, by conparisen, ere shallow ond sceningly inadequate for the

euppert ef such great veight. This epecics is noted for ite remarkable

Walance vhere both the tree and ite eel) envirensent are left undisturbed.

Muir (1877) found soqusian groving on-slopes up to 50 por cont and the anther

of this report knows ef a 100 por cont slope in the Reduced Mountain Grove

of Kings Canyon National Park which supports sequoia trevs at least 5 or 6

feet in diancter. Thie balance, hevever remarkable, ic eneily upset vhere

evils are ect in motion through erecion or selifluction, vere coils are

rendered overly wet ty the accumiation of water in exccss of the natural

svernge over the yours, end by damage te the trunk of the tree, euch as by

fire. Wile the latter situation is mot apt te be inflicted by road building,

it aust be pointed out that a high percentage of large coqueies have borne such

cers fer mony years now and are thus already weckenet. Studies by Hartesvelit

(2965) shoved that agprexiantely 95 percent of a1 sequoies which hed toppled

to their death on sloping terraine fell in the direction of a large fire

oonr, this indicating the weakness of scarred trees.

Toppling over is the amber one sense ef sequeia death. Of theee that

topple, nearly all of then vere located either on eteop alepes or along a water

evaree where the coil eupzort was weakened ty the presence of vater. More thaa

80 percent of a2] coqueia trove encountered in this study are groving oa

: slopes of moderate te great stecpnces, in close proximity te water courses,

& wth.

The anture ef the eubstrate alse plays a rele in a soqueia's stability.

Thin apocics has reete which usually de not penctrate the ecil deeper than

four feut. Most ef the reets are within the upper twe and one-half fist of

the wedi. Ia recky areas, sci] acoumlation: aay well be tve fect deep oF

eee Vot coqueiae ourvive there te an eld age literally perched on top of &

ee0li4d reek base. Ae aight be cuspicioned, they alse topple there quite

weadily because of the insecure anchoring of their mnesive weight. I believe

thie te be the aest delicate of all situations for large sequoia trees.

Por theee larger epecinens groving in deeper oils, stability say be

weekened by increased. ceil meieture co tant the tree topples over in a visd

(3)

tera er is overtnlanced by enow piling heavily on ite erewn during ulater

or early apring. Thie wan the reacen aenigned te the fall of the Iowa Ese

in the winter ef 195% in the Naripesn Grove (Rertesvelét, 1963). The vater

eocumlations here wns due te a fomlty valve at the preceure break in the

leon. water ayetem. Le te Atel sand Redeemed Green Ges ee herpedting pee

the nature of the drainage aysten, serious attention should be given te the

poosible imerenee in water sequmiation becmmes of rumef! free the io

perviess surfaces ef the read which concentrate in these natural dreinageuays.

Bren tonperary sei) enturation could reen}t in the falling of a soquena.

Made aapoct will be amplified later in the section of the repert dealing with

We neti vide rei engwonye med comnere

Que other consideration that wil) probably ealy be a uiner probles ia

these groves cencerve « nere-cr-lees permanent increase in soil meisture. If

the water table is 1 vised, sequeia roets uithis the sense ef enturation lack

Ser exygen, become nt a-functionsl and ic. Several trees se affected in the

Muripess Greve ~ sation (previous paragraph) showed sicm- =/ tccreased

q@rowa viger viich une clearly reflected ia the reduced enmmal inercacnt te the

werk, fue of the trees died as a result of this leng-term increased evil

water. TInnemech as the anticipated inerense in Grairage water «ill be fren

case enlt viich cones largely before the growing sescen, there will likely be

Wrwle or ae prodles of this kind.

Tf the rentny ic constructed conentially as plotted on the tupugraphis

mp prepared ty the Division ef Rigmaye, yet sere then tee eoeuaiaen wil) be

affested @ireetly ay news) reed comstrection 4 eoqneda of 1) fect diencter

de em the op-slepe cide of Drainagmy F. ‘It bee already been reet—sumed te

Qeeemsdate the existing reathay and the editions] amount ef pruming for the

new read vill be slight at mest. It unc show ta studios by Bartesvelét (1963

ent 1965) that, wiile revt-gresing eameed 1 reduction in enmual diencter

_ (Few, 18 bas not, as of these dates, emused « tree te topple nor hes cree

Viger appeared lessened. Waile this socas te redues concern fa reet-pruming,

At should be taken for gremted that, beewsce of the rele rests play ia eaia-

Wniniag @ soqueis's blames, « reet—prusad tos wemlé be mrs smenaptin s te

weppling then if it bed as ectire ret apeten.

Bee wallaet ow the recte redeces sei) eeteters swaperttive ast thes

fur bas reeulted only in an inerence/, rate of grevth fer soqeedas se affected.

Guly ene coqueia of 4 fect diameter near Dreinageway F is in a peciticn te

veecive eeeh a fil). It appears that the £121) would be lees than three fect

deep and it appears that it would not be of damaging consequence te the tree,

Sequins are a tree ef ta. carly stages ef ecslegicnl euccession. That

fe to ony, they coed in eost readily where disturbances te the soil cccur.

Zt is, then,te be expected that this apecies will probably seed in te the

fvechly exposed evil anterials of read fills end poesibly of read cuts. p< g

ent-henling of reck is practice’ and if ecil materials eould be incorporated

with the f12) rock used, the potential of sequoia regeneration vill be greatly

imeres.ed ia these arenes where parent trees exist.

The esis of coqucia groves are notably sendy and are developed largely

over greniteié parent enterials (Schubert, 1957). Sone are echistese, but

there io little apparent 4ifference in the resulting soil texture or grovth

pr*~ tial.

Zn 1965, 200 12-dach somplee vere taken from 12 sequoia groves and ane~

lysed fer texture. Seil types represented were enly sands (35 percent),

leany sande (9) percent) and candy looms (8 percent). Sand contents varied

fren &2 te $2 percent ond eiays fron around 2 percent up to 17 percent. Righer

Clay contents vere found enly in the cubscil ef a fev érainageways ef low

welief (Hartesvelét, 1964). Clay is that fraction of the eek] which is re-

epencible for binding it tegether and resisting erecica. Thus, ecils with

euch a exall clay content are of a highly detachable nature especially vere

the protection of the leaf litter end rest unt of pleat conmunitics has besa

Gisturted er destroyed. There is much evidence of ecil anterials on the cove ™)

in thece tve groves and I believe that it serits the acest serious engineering

eenxideration before any reed building commences. Te we, it constitutes the |

| iavelved the ef park values. ag

Ae I otstied the canyon of the East Fork of the Kavesh, I we incresseé

with the sonore) instability ef the soi) and oot) materials. The evidences

ef eresion are wideopread. On the south aide of the canyon vest fren Lockout

Peiat, there are huge gaping gullice vhich appcar not to be influeuccd by

either readvay er treil ruseff. I euspicion grasing te be the reason. On the

worth cide ef the canyon a quarter te a half mile cast of the Lockout Point

Ranger Station ent below the read, there any be seen considsreble arses of

Few, bare ground beth in gullics end on ridges. Vegetation, for sone reascs,

has not been able te reSetablich iteslf although all areund it vegetatica is

ten Likewise, aeress the present read free the Atwell Ba--er Station is

@ tread expanse of nearly bere ecil anterials en a slight grede vhich sceningly

chould be vegetated. Evse though these ssils have notably poor, shallow

pretile development, the lack ef plant life on then is without entisfactery

quylenation. The calient point is that the lead here is highly eredehl..

Sed) comples taken by me from the Atvell Grove shew that clay contents

ave ealy 1 to 5 percent of the total and that cand is as high os $1 percent.

Mam-eccelerated erection is auch in evidence. Tae cp-<lLope cut rurfaces

fer the present readvay chews abundant signe of surface erosion end sei)

clumping. Ali ef these anterials are carried by runcff inte the readsiée

@vedange gutters and eventually trearperted ia the cress culverts te the

(tee Laget ete. The read curface end read Gitches aleng cide the read are

aise undergeing active eresien and the anterials are enfing wp in the érain-

ageayo blew. ;

Gene of the culverts extend several fect out over the dee-cleze odce se

that water is dropped anyvhere fren a few feet to the exil below up te as auch

es 8 er 10 fect. Bresien, which is a fuaction of both apped and velum of

the water, is thma greatly inerenced below at the point ef iapact. E-esien

chemnels appear beceath nearly every ene of these. Vaile acest of these

@llics are otill relatively emali, ene ef then is huge (Fig. 2) with cons of

endl enterials having been washed out of it and deponited in the drainacevay

below, Send éopecition ic abundantly apparent where the wter fren these

ealverts jeine the erveks. That it came free the reaéuay area is evident by

the aam-produced litter waieh is found aimed in with the sodiments. It must

be eocuned that guliying by runeff is a phenanenen which, without apecial

attention by ann, woually gees en at a rate of apped ic emcees of plant stabili-

sation. Each incipiont gully, then, hee the potential of extreme oresion.

dsouniations ef ereded sodinents in the canyon bettenr is considerable,

eapecially in these with lesser gredicats. Bewever, I 414 net recognise any

ene place which had an accumlaticn of tne proporticn that might be dengerens

te leeal sequeia trees. All ef the greticats any be tee steep for such an

- eeeusrence.

The erosion potential and the eubaequent sedimentation are ay shicf

eenserns in the building of any road in a coqeeia grove. I sect strongly

Wee extreme care in the design of the draizage ayetes fer thie reatuay te

(®)

q¥

(Fig. 2. An immense gully below the road culvert on the west

side of Drainageway E. Omitted)

aveid accelerated erecion and ocil slumping.

Revorts on Latividual Dreinacevers

Each érainageway eccupied by soqueias in the Redwood Crock and Atwell

Groves was visited is the field. Identificatica letters were assigned to

these drainages and are explained in terns of state triangulation markers as

chova om the topographic maps provided by the State Division ef Rigways.

Stream gratients have been calculated for those portions ef the streens

below the proposed roadway and their profiles Gram as have the erecs-

sectional gredients. Sections of the state topographic unps have alse beca

reproduced to show sequcias in the vicinity ef end dows drainage frep the

proposed roadway.

(20)

Breipecevey 4 ~ Below triangulation sarker E-Zl. See figares 3, 4 and 5,

dverege otreen gredient for this secticn - 25 percent.

Although the aaxiaun eres sectional gradicat averages on 38 percest, ii

ie auch etecper in sone places and the ocil is shallow throughout. Tee

evesion potential here is moderately high. There is evidence of evil clup-

ing end water erecion in several places.

There are tus fallen sequoia trove in this érainageway which grow is

Of the total of )5 coquoias in this éraina:svay below the proposed reel

qvessing, 15 te

dengered if additional new highvay are diverted ful}

fence inte the asin cheaneluay. He one of these sequoias is large, 27 ische

bedag the largest. The emallest is enly two inches diaseter breast height,

One large 18-foct epecinen has its rect aystes exposed to the creck bit

appears te be high enough above the crock bed to withstand additional éraimp

water.

2 Seme of the soqucias are anal) and suppressed because of ineufficient

Might. Additional ooil scisture vould very likely weaken then in conpetitics

with the other trees. Additional oil scisture ef moderate to high proportions

Thies érainagowsy includes California autmeg (Torreys salifornics Terr.)

which is 0 species uct counen in saqucia groves.

(Fig. 3. Drainageway A, Atwell Grove, Sequoia National Park,

California. Omitted)

(Fig. 4. Stream Profile of Drainageway A, Atwell Grove,

Sequoia National Park, below triangulation Marker H-21.

Omitted)

(Fig. 5. Cross Sectional Profile of Drainageway A from sont

center intersection with channel. Omitted)

Be.

Graiatemmr} - Belew triangulation aarker B-34, See figeres 6, 7 and 8.

Average strean gradient for this section - 26 percent.

There will very likely be few protlens encsuntered fren additional

went! acownlating in thie érainageway. Of the 15 sequeias below the pro-

poood rend, 9 are along the creck and reate might poasibly be affected by

astiticnal water, Tuo large soqueine are groving right aguinct the dreiangs

| stemmed, each Leaning tomrd the erect and could) pose a proklon of toppling

| im the event the esi) €14 becene wetter.

“

(Fig. 6. ieibianeay B, Atwell Grove, ee National Park,

California. Omitted)

(Fig. 7. Stream Profile of Drainageway B, Atwell Grove,

Sequoia National Park, below triangulation Marker H-34,

Omitted)

(Fig. 8. Cross Sectional Profile of Drainageway B from road

center intersection with channel. Omitted)

101

¥ prataecovey ¢ = Below triangulation earher 1-9. See figures 20, 13 aad 12,

average stream gredient fer this section - 18 percent.

Tais érainagewny is very recky vith thin eocumlations ef sci) materia)

tmreugheut such ef the portion surveyed. The stream channel] is nearly al)

eulid reck eo that the volume of water treneperted is not apt te diminish

mach with distanee fren the reed ereesing. Tans, eresive potential and the

endl coftening potential are high througheyt this Grainagewsy. In addition

te this, sere water ia carried in this drainage aysten then in acct. Eich

eunsideration should be given the handling ef additional readway drainage

te be emptied inte this canyon.

Of the 24 eaqueia trees in this drainagowy, § are near anengh te the -

otreaem chanme) to be affected either ty undereutting or by increased ceil

existure. Some of the coqueine are anal) and suppressed and vill very likely

omewems te increased coil saisture.

VO cheuld be noted that cone of the soqueias in this érainageway are

eotunlly auch elecer te the stream edge then shown on the estate topographic

map end are thuc sere ensceptible te any increased water than is at first

evident on the np. Their positions have been adjusted roughly on the feller

ing ang (Pig. 10).

102

(Fig. 10. Drainageway C, Atwell Grove, Sequoia Nationa!

Park, California. Omitted)

103

(Fig. 11. Stream Profile of Drainageway C, Atwell Grove,

Sequoia National Park, below iecencncmen Marker I-9.

Omitted)

(Fig. 12. Cross Sectional Profile of Drainageway C from road

center intersection with channel. Omitted)

Brsizegewey BD - Below triengsiation markers I-16 end 1-17. See figures

33, 14 end 15.

Average otreem greticat for this ecction - 27 percent.

water 1% curries is enall. Beapite a fairly stoop stream —efient ent conyes

aides (42 percent), oni) anterials have cooumulates deeply. Vater rencff

hae been slight and the wtunl drainage channel iteclf is inceneplonsns. Only

tue coqeedas are down-cleye fron the proposed read eressing. Que is chout

Jawge incense coders in this aren. ;

Beth coqueias are near enough the drainage channel to be inflaenesé ty

\nus iianddleletsaaeais, Galess a lerge quantity of water accrued here,

they probably would not be coricucly affected.

(Fig. 13. Drainageway D, Atwell Grove, Sequoia National

Park, California. Omitted)

(Fig. 14. Stream Profile of Drainageway D, Atwell Grove,

Sequoia National Park, below triangulation Markers I-16 and

I-17. Omitted)

108 ie

(Fig. 15. Cross Sectional Profile of Drainageway D from road

center intersection with channel. Omitted)

* PRA EEE TION ACSA ETERS LOSES ERE IEE

ae ~ . pienso

” -¥ pretuacevay § - Belew trisngulation sarker I-2i. See figs. 16, 17 ent 18,

average etreem gredient fer this section - 25 percent.

Brasaagewsz EB has a geod flew ef wate: and is recky like Drainagewy ¢,

Bresien, ocil eluaping and sedimentation are abundantly evident here. Pou

large fallen soqueias secentuate the feeling of instability ia this area, ii

Renst 8 sequeias are groving right ageinst the creek bank near the junctin

ef Breinagewsy F. One li-feet specinen above the reed creesiug (showm a

anp fer Dreinagevay F) vill possibly require soms_rect pruning and a 4-fox

eoqeeda will require come additicn ef ~ ed ballast ever ite reet aystes.

greatest concern for sequeias in this drainagewny, however, is fer sequein

greuizg qleng the creck. The ‘-feot specinen vbese rest aysten will be

Wuried with read ballest has a healthy, vigorous crows and very likely wili

peapend favorabiy to the read ecastructicn.

Sedimentation is heavy in this éraizagewny. An iamense gully senticos

earlier (Fig. 2) has been out below a high culvert water Groep and anay tem

ef evil aaterial. ere deposited aleng the creck channe] below.

@iminish amok with distance down strees from the proper a ready.

110

| (Fig. 16. Orainageway E, Atwell Grove, Sequoia National

Park, California. Omitted)

111

. (Fig. 17. Stream Profile of Drainageway E, Atwell Grove,

; Sequoia National Park, below triangulation point I-21.

Omitted)

112

(Fig. 18. Cross Sectional Profile of Drainageway E from road

center intersection with channel. Omitted)

113

Reniaecevey 7 - Below triangulation aarker 1-25. See figures 19, 2 ant 2,

Averege otreem grejicst fer this section - <1 percent.

Tate éreinagewny is act nearly as recky ae éreinagevam C and E. Devele

ment of oct] anterials is aederate te good and the water veiume is appareati;

emall. Although e="1 eresion potential seems te present little concern, the,

are secumlations ef these anteriale backed up dokind legs which heave fallin

eeress the ereck indicating at least cocncional high water.

Of the 12 coqueias in this drainageway, euly tye are apt te be afferte

Wy any ineresoed runcff. There axe others, hevever, which sight peosibly |

be affected by increased ceil scisture.

114

(Fig. 19. Drainageway F, Atweil Grove, Sequoia National

Park, California. Omitted)

115

(Fig. 20. Stream Profile of Drainageway F, Atwell Grove,

Sequoia National Park, oelow triangulation Marker I-25.

Omitted)

116

‘

——-

(Fig. 21. Cross Sectional Profile of Drainageway F from read

center intersection with channel. Omitted)

117

patvoos Crests Braizenmer - Pigs. tt, 25, 28 ent 25.

frerage otrenn gredicnt fer this acetion - 13 percent.

This euyricite canyon vill undoubtedly require the greatest care of al)

ee eress with a read. Althengh ite gradient is ealy about 15 perecat, ite

walle clepe steeply up fren the aresk bed for on average of 72 perecat. le

mowers) pleases, the slepe ewneeds 10D percent. Of the seven streams severed

. im this ctady, Redveed Crock carvics the crestent uslane of water end hes the

‘greatest orenien potential, The waper part of the curveyed portion is resty

ani bes (hin cocumilations ef esti, vatle the lever part, vbere the gradient

fe less, bee auch deeper soi) aeommiatic

~ Bresten cnt cotinentetion ave overyubere ovident. Mach exnd fren the

preccut reciey hes been carried inte the ctreen bed and hes settled ext

behind the fumbles of legs end liahs there. In apite sf plane te bridge this

_ Soe eamyen becuse of the depth, aocnleveted erosion $0 very likely te be o

attention anct be given te aiaiaise senstruction disturbances te the steep

bm ond the Gispeaition ef readuay chen:i alse be carefully planned ead

iapleneated to aveid ony cregive accuslations of vater at any ene point.

Although caly three soqueda trees are in jeopardy below the proposed reahay,

of potential fer eresien end sedimectation is high and evuld be disastrous

{8 cocurred regerdless of its effecta upen sequeda tres.

Of the 52 groves ef gimt soquetas familiar te the anther, this érainge-

“AY Wevides ene of the mest unique semmusisi-s of plants he has seen in

2 This in iteclf ankes the utnest mpretestion ée-

ag Centvery te the commmity cenpesition in the other drainage

chummele, thave is very little waite fir (Abies sercejor(Geré and Glené. Liat.)

waich sevenlly constitutes the asst abundant tree epecics in the later stags

ot Plat seem oes Ie ite place is an wmmern! soos=tlacs sf very large

vite aléers (Alene rhoubifelia Butt.) «th trunks approacding the sexieus

ter renge ef 2 te 3 feet. There are alee sanz very large canyon live

, om (Qoorene shrreclevis Licta), large incense coders \Libocedrus deourrens

, Sere), penderecn pine (Pinus penderoes(Deugl.) ox p. & C. Lavecn), suger

| Binee (Pizme Jewbertions Dongl.), California mutegs (forrers salifornics terr.),

Jeanstornia tay (Bebelinieria iehifernies (H. & A.) Rett.) ond door track ,

(Seunetime iatenerrimes B. & A.)

Other plente ccarce in eoqueda groves are alus reet (Eeuchre sp-),

Western asalen (Bhododentres soc-ientale (2. & 6.) Cvey) and ene of the stone

reps (probably Cotyloden op.)

The plant commmitios of this drainagexcs =~ << gr—=e bemsty and of

| setentifie interest. (Fig. 23.)

119

_ (Fig. 22. Redwood Creek Drainageway, Redwood Creek

Grove, Sequoia National Park, California. Omitted)

120

(Fig. 23. Cross Sectional Profile of Redwood Creek Drainage-

way from road center intersection with channel. Omitted)

(Fig. 24. Stream Profile of Redwood Creek Drainageway,

Redwood Creek Grove, Sequoia National Park. Omitted)

‘une

122

(Fig. 25. View of Redwood Creek showing uncommon

assemblage of white alders in a sequoia grove. Omitted)

123

2. ‘Ia tho two groves, there are a total of at least 105 giant sequcias

Belew the proposed highway. Of these, 95 are in a position of poesibdle

Jeepardy becamee of read construction. On come of these, the poesibility

ie adeittedly slight.

2 Sedle in the twe groves are notably sandy with clay contents tec onal)

te be Binding. Hence, the ecils have a high degree ef detachability esd an

expoeted te erode severely vith disturbances.

3. The profiles ef the streens vary fren 15 te °1 gereent and the erece-

ecctionnl profiles exesed 100 percent in come places. Steepness of clepe is

@ aajer facter ian ecil eredability. ,

&. Bresicn potential is greatest in Drainagewnys C and B and in Redwood Crea,

The latter, with clepes averaging 72 percent, presents a considerable provla

beth in ecastruction and fren increased runoff resulting from the road surfaen,

S- The greatest sencern in the engineering design should be the cafe dine

sition ef readuay runeff. Bvery at \enpt should be unde te avoid the accum-

lations of vater in cresive propertions. Streemside soqueias (and other

ayocies tee) are leew stable where runeff wets the esi) excessively er erodes

40 frea the cuppertiag rcets.

6. Read outs should be sloped and peesibly planted te avoid the slumping of

ood) materials and its eubsoqent erosica inte the stream beds.

1% Redweod Creek Canyon represents an ecological association which is at least

‘\were in soqueia communities and thus serite especial care. Ie has the steep-

‘\eut walle and earrice the greatest velame ef water ef the seven drainages i:

this stedy.

Reapectfully eubaitted,

Richard Vloata usladt

(3)

RISES Pea ee De ae NO eT eee ee aS TS OP. Pe PRT

[iteratere Cited

Sncinas tax lestonaees 14 pp., illus.

Agece. for the Adv. of Sei.. Prog. 251 242-252.

ME Set Dre Neh Ss as

U.f. Forest Service,

~ =

PPL CIELO EL LT SAGES OLS

is et a erat te

es anaes er pe

tion, University of Michigas.

Bertesveldt, RJ. 196.

rei ty ear ra Sk ng es

Meir, J. 1877. “Om the Postglacial History of Sequoia gigantea." Aner.

and Range

125

IsIt 8

Foe Planey Proposed in book form, aubmitted fh test mony? ne, sense WALY DISNEY PhooveResES

eee ee

126

Seauary 21, 1969

te. Costley:

After one quick review of the Mineral King Mester Plea, I heve « few

qements to offer:

y 1. Horse concession. - It sppears that this could cause sericus 7?

lems in sanitation and esthetics where there is very limited serena =‘

which to operate. Presumably, this would be a large operation

favelving nt least 50 horses. The trails «ould have to be surfaced

fe control erosion. More serious, however, would be sanitation and

the need to supply 211 nceded forage.

2. tives for sevaze diszosel. - The plan shows 2

sewage facilities and provices that effluent will be filtered through

eell enroute to the stream drainsge. With the lerge quantity of daily

gewage discharge expected, I would question whether the soil can ade-

quately handle the effluent. Should alternatives be considered,

gach as piping efflvent out of the canyon, etc.? ,

3. Check cums to collect debris. - The Plan is not clear on

the purpose or function of these dams. Presurably they are to prevent

_ demage from flooding and from debris accucwlation. Is a dry-dam type

strecture planned? Also, what is the source of the debris? Will it 7

teslt from ticbor cutting on the ski runs? ¢

In conclusion, I would hope that we study the impacts of this concession

fer a long time before ¢-rsitting snother one. a

Wb. Merwe.

1.0. Manson ~““-

Mirector of Wildlife Management

ETS PE NLL ORL AME GPT A ILEDTL a ata OAL CETIT

127

Cenmeny Zi, 1960

Lilt] ii

: of planned horse prograns with rescsres

jected use by peopls, in iteelf, will have «

if a

4 .

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ef coe

itald aft:

etilise che berviess of an coolegist during the

le sells and vegetetion without the eddit

activity es well ad ethers influenciag

Hii

Foittectitiiaeitl:

128

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ia ts

ata

fie

et:

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129

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130

cane

warts HATH BOM

Memorandum

mom , Range & Wildlife

——

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Bovesher 15, 1555

ot ig fal Mane dal 3

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fe a HM st

4 wo, :

aE tee HE EEL fatiad a

yf bee ee |

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ity i i $s 38 | :

134

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i a

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ocesilcor

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ks on

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work

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4 oe adic eceon? flew

3 Tool 15 2203, isa cn ace

pr Seey bet tenets

ot 1.3 to 2 : per evcecnd

aics.

fy cigs trestecat cict beve tho et=plete

verious sulle

Sfeckeoge ince the icveeah

éeaaa eonsi/erasion us3% te cites

ho soo 02 the wntesu balou Sow Cametlo puspeoca,

ayencies fuvslved vith sanit=

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135

ehows the

keuloige

Steeculy

DP. 3. VEEP

tee illo

tter of September 27 referred to the provosed road

tefi.ncrai King to service the planned Disney develogecnt.

Be peruit has been fesucd for construction of this road

bucause the Uational Peri: Service has not reached azrce-

gent with the Forrest Service and State Highway Tepartaztat

as to location aud desica ataudardc of the road, and plans

for necle! utility lincs. ‘when thece eitters have been

sesolved, the pernit will be issued.

In addition to our desire to aininize the damage to park

waluos by this road, we sre concerned ebout vast we have

been told concerning the cize of the planned Disacy davelop-

ment. Wiil oue two-lane road of park standards ba adcquate,

or will Interior later receive e request for another rocd?

Sincerely yours,

(ed) Stev-art

Secretary of the Intcrior

Won. Orville L. Free=ar

Secretary of Acricultuve

131

BWASrUIvetiUN, V.C. 20260

| Pee)

Bear Orville:

3 em enclosing, for your information, a copy of the letter

rem the National ark Service to the Chief of the Forest

Gervice, giving approval to the State of California, Division

@f Righveys' selecticn cf « route for a2 road throvzh Sequoia

Bationsl Park to Mineral King. This, of course, is subject

@e agreement on design standards.

I ask your continued support to aske certain that the road

@enstructed will be « credit to our respective Departments.

3 alse would like to repeat the request contaired in ay

letter of October 16, that Interior be assured that the

Bieney development will not require additional road access

eeress park lands at « future date.

fncerely yours,

Secretary 2f the Interior

Hoa. Orville L. Freeman

‘ Secretary of Agriculture

4 1? Wsshingtoa, D. Cc.

Baclosur:

EXHigry =U

138

WVINIIEY SIAIES

DEPARTMENT OF THE INTERIOR

MATIONAL PARK SERVICE

Wassinaton, D.C. 20240

OY iss3

Bear Br. Cliff:

Belleving the uccting in Son Prascisee on OctoSer 7, and

Pliel4 wostings, we have revies:1 all eatericl evaileble te us es the

prepeset lezecion ef the Mincrsl Kins reri. On the basis ef this reviw,

we nov acres tst the Division ef Mic'umys' route cheuld be selected.

Gertsia ef the starfazds, es nos propored by the State, are mot eccept-

@ile to cs. Us succest the Divisions ef Misixmys ext Ferast Service wo-k

with us te establish satisfactory design criteria; Va propese that wany

of eur eousultent’s rece—casJations cx the use of olditioral briés2s,

Quanels, viacuets, eribving, rotsining walls ax¢ ether nothols be fully

Geet vill be eopict, not eriticicel.” The Ustionl Park Service vill

essicn porgennal to work with tha Fores: Service an‘ the Division of

Migrsaye in the selection ef stentanls, design and durinc constructica.

Ws recuost your sccurarcee that the Forest Service end ths Division ef

Bighveys vill work with eur people te construct @ read of park-lite

quality thifch will be » erelit te the Porest Service aud the Maticasl

Pare Service.

Sixceraty yours,

@iet.) Eéwerd A Rumme!

Seerd A. Dumel

eeeciate Director

ec:

Maa. Orville L. Freesea

Secretary of Agriculture

Washington, D. C.

139

UNITED STATES

DEPARTMENT OF THE INTERIOR

Wasrunatox,0.C. 20240

if; t

140

QEPORT ON ROAD TO MINERAL Kine

SEQUOIA HATIONAL PARK, THREE RIVERS, CALIFORNIA

At the request of the Associate Director of the Mational Park Service,

Viliten Everhart, an Investigation wes made of the proposed highey from

Taree Rivers, California to Mineral King, which highway, If bullt, will

traverse the southwesterly section of Sequoia Hations! Park. A map showing

the general location of this road appears os Plate | of this report.

The California State Highwey Separtment proposes to bulld @ two-

lene, two-diractional road across the Kational Forest and Mationa! Park lends

to service the proposed recreations! developments in the Mineral King Canyon.

Wistts to the site were made during the last week of May 1968 and

conferences were held at the Sequola Park Headquarters with representatives of:

The ations! Park Service, U.$. Department of interior

The U.$. Forest Service, U.$. Department of Agriculture

The California State Highwey Departaent

Welt Disney Enterprises, inc.

The Secretary of the Intertor had, during the previous winter, agreed to

the construction of a two-lane, two-directional road, to serve as the trans-

portation link to the proposed recreational areca to be developed under a perait

issued by the U.S. Forest Service by Walt Disney Enterprises.

The State of California had authorized the construction of such a roed

With state highway funds for this development. As far as could be ascertained,

ao Federal Highway, Federal Park or Federal Forest funds ere allocated for this

construction. cn x

TUR CLARKERON KXGIXEERIXNG COMPAXY

veneer

141

Spe 7 :

5 = Or

i 7 ny

— @F

. R

‘ an

é ‘

Prier to the approval by the Secretary of the taterier, studies had been

sede by Walt Disney Enterprises as to whether or not another mode (other then

tadividual cars, trucks or buses on 2 public highway) of transportation would

be economical and feasible. Appar:tiy, ether forms were eliminated and this

study wes made only on the bas!s of a highvey and normal highway vse, where It

should be, and how it should be built te preserve to the greatest degree, the

ecolegica! purposes of the perk.

The purposes and objectives of Sequola and Kings Canyon Rational Park

os given In H.P.S report of April 1966 entitied “National Sciences Research

Plan” as follows:

“The verious Acts of establishment, and related legislation, indicate

thet the primary purposes and objectives of these parks are to exemplify

end aaintain for posterity (1) The glant Sequoia and all other Sierran

vegetation types present In the parks; (2) All native animal life

essoclated therewith; (3) All other natural features Including the

geciogy, which collectively typify tn these parks the primitive wi lder-

mess scenery of the Sierra Nevada."

Gbviously, any road construction to present-day standards could not te

bullt through this area without affecting the ecology of the area. \/ithin tne

reed prism (cuts and fills) plant life would, of course, be disturbed and since

the top soll for regenerating plant life ts sparse, early vegetative cover on

cut ond F111 slopes would be very slow In daveloping.

Hore then that, the roed, If primarily based on cut and Fill construction,

would be a barrier to wild life and visitor movements throughout this area of ti.

perk. Animals and men would have to cross the road te the 1!sk not only of such

persons and wild life, but also te users of the highway.

143

Auang the wildlife species of this srea ere deer, wolf, aountalin liens,

teaver, bear and big hora sheep. The retention and contro! of these species

wsuld be effected If relatively free aovement up and dow thelr slopes wes not

astatelned.

With the Increased visitations te the perk hes come 8 considerabdie

Gacreese in beck country camper use through @ section of which the proposed reed

would poss. (See “Back Country Nensgement Plan," 1963, N.P.S).

te would appear, therefore, thet te reduce the lmpact on this ares, eny

weed should be devised with oe ainiaum of new raw slopes and with eo aaxiau: of

freeden of movement across the road Iccation.

The primary purpose of the proposed highway Is to serve the Rineral King

Gevelepment. it is anticipated that up te 14,000 persons will be served here

each day. Of these, approximately two-thirds will be daytine visiters (travel-

tag te and from the eres In the seme day) and one-third will be overnight visitors

Staying one or wore nights at Nineral King.

ta addition, at Silver City et the approach to Mineral King Canyon, there

ts proposed another development of year-round residence units, the present nunber

ef which hes not been firmed up. There are privately-cumed camps, ranches, etc.,

aleag the transportation corridor; these are few es far es thelr effect in traffic

teed Is concerned, but they aust be considercd by ony future undertaking.

Yee California Nighvay Department estiastes its peak travel load in any

ene direction to be 850 vehicles per hour, priearily pessenger cars with sone

buses. Service trucks con be scheduled for off-peak operation. About 150 conp-

sites eperated by the Forest Service will continue the usage, although small, of

heme trailers and travel camper units.

t consider the projected peak hour flews, 850 vehicles per hour, tow for

this service. tt can only bs wetatalacd If at. the end of a ski week-end, vehicles

ere not allowed to leave the ares in a period stretching over less thea three

hours. Whether or not this contro! can be malatained Is doubtful.

fecomended Solution Wo. 1

Taere already exists on existing road serving Mineral King from Route 198

et Three Rivers.

it Is @ widsned tral! which winds up the mountain, hes erades In excess of

15%, Is narrower than two lanes In many areas, and would not handle the eatict-

peted traffic. it Is only partially paved with @ bituminous surface treataent.

Walle the existing road will not han

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