Groups sue USFS over two timber sales in Cherokee National Forest

Greenville - Conservation groups filed a lawsuit in federal court today charging the U.S. Forest Service with illegally proceeding with two timber sales in the Cherokee National Forest in eastern Tennessee - the 900-acre Flatwoods sale in Sullivan County, the biggest timber project in the national forest in recent history, and the George Creek sale in a biologically sensitive area in Carter County bordering Roan Mountain State Park, one of Tennessee's most popular outdoors destinations.

The lawsuit, filed by the Southern Environmental Law Center on behalf of Cherokee Forest Voices, says that both projects fail to adhere to the Cherokee's new land-use management plan, which restricts logging and roadbuilding in these areas. Although the projects were approved before the new plan took effect in March 2004, federal law does not allow the agency to "grandfather" them in, says SELC Senior Attorney Doug Ruley.

"This project would pockmark the northwest face of Holston Mountain with timber cuts, marring one of east Tennessee's favorite recreation areas for an entire generation," Ruley said. "This project clearly conflicts with the current forest plan, and that's against the law." The National Forest Management Act, which sets up the framework for the Forest Service to develop management plans for each national forest, states that any permits, contracts or other plans ". shall be consistent with the land management plans." and ".shall be revised as soon as practicable to be made consistent with such plan."

The Flatwoods timber sale includes almost 200 acres of clearcuts, 7.2 miles of logging roads, and several hundred acres of mature forest - considered prime habitat for migratory songbirds and many other species. Hiking trails and campsites popular with local citizens abound in the area, along with multiple trout streams favored by anglers. Some of the cut-over spots would occur on both sides of hiking trails and in camping areas. Further, parts of the project area would be visible from South Holston Lake, marring the scenic backdrop of the lake - a major recreational resource and economic engine in this rural northeast corner of Tennessee. The groups are also concerned about the impact of intensive logging on the two springs that supply drinking water to Bluff City and Chinquapin Grove.

The new plan designates portions of the Flatwoods project area for "remote backcountry recreation" or "scenic corridors/scenic viewshed," rendering them unsuitable for logging, the lawsuit says. Other areas scheduled for heavy logging have been designated as "dispersed recreation areas" with a greater emphasis on recreation and scenic values. Lastly, the new plan provides significantly more protection for streams than the 1986 plan. For example, the new plan prohibits logging or roadbuilding within 100 feet on either side of perennial streams, compared to 15-30 feet in the 1986 plan. The Forest Service project is scattered into dozens of cuts across the northwest slope of Holston Mountain, laced with creeks and small streams, and still allows logging within the 100-foot zone of the waterways.

"The Flatwoods area has been a traditional backcountry recreation area for a hundred years or more," said Catherine Murray of Johnson City, executive director of Cherokee Forest Voices. "The recreation, scenic and tourism values of this place are a long-term investment for this part of Tennessee, much greater than the quick buck to be gained from selling the timber."

Murray's group, including its six member organizations, along with the League of Women Voters of Tennessee, filed an appeal of the timber sale in January. The Regional Forester claimed discretionary authority to "deem" these timber sales to be consistent with the new plan. That approach far exceeds the agency's authority under the law, Ruley said. "This is typical of how higher ranking officials in the Bush Administration go outside the bounds of law to open up our public lands for large-scale development."

The lawsuit also challenges the agency's decision to log 84 acres - almost all clearcuts - in the area of George Creek, a native trout stream on Strawberry Mountain. The relatively pristine, intact cove hardwood area harbors numerous rare plants, and is just beginning to regain the grandeur of a natural ecosystem after logging in the early 1900s. The botanist hired by the Forest Service to survey the project area described it as "one of the most ecologically interesting and species rich areas in the Cherokee National Forest," and submitted comments that recommended against intensive logging.

In both projects, the Forest Service says the timber cuts are needed to improve "forest health," and to create habitat for species that prefer open areas. Conservationists argue that historical records show that the natural state of the Southern Appalachians is a relatively undisturbed forest with very few large openings in the canopy. Further, private forest land throughout the region provides ample habitat for species that prefer forest edge areas or relatively open areas.

While the lawsuit filed today is based on the projects' inconsistency with the new plan, SELC and Cherokee Forest Voices, along with others, had appealed the Cherokee's new management plan back in April. Ruley said that overall, the new plan is deficient in many regards, including increasing the overall timber harvest for the next 10-15 years. However, it does include some improvements in the Flatwoods and George Creek areas that the Forest Service is ignoring, Ruley said, adding that the National Forest Management Act requires that all actions by the agency be consistent with the existing management plans.