Clear Creek Closed For Summer

EPA says asbestos danger too high for the public, dirt bikers say it’s none of their business

 

By KATE WOODS

Pinnacle Staff Writer

           

Avid dirt biker Dave Griffith says he’s considering moving from Gilroy to the Sierra Foothills – where the off-road riding is not restricted.  Griffith, a winemaker at Leal Vineyards in Hollister, says his favorite dirt-biking area is the rugged outback of 75,000 acres in the serpentine mountains of south San Benito County, called Clear Creek, which is under the domain of the Bureau of Land Management. But several weeks ago, the agency announced the area is closed to the public for the summer because of a high asbestos risk. It is the first time BLM has closed the area – called “dirt biker heaven” by its many visitors -- because of the asbestos dust so readily kicked up by speeding off-road vehicles. BLM officials say the drastic move is to protect the public from asbestos-caused lung diseases.

 

“If they close Clear Creek I’ll move,” said Griffith, 33.  “I’m frustrated!  If I were to get sick because of Clear Creek, I wouldn’t regret it for all the good it’s done me.” 

 

The closure will last from June 4 through October 15 – the dry season -- and affects a 48-square-mile area that BLM officials call the Red Zone, where huge amounts of natural chrysotile asbestos occur. BLM Hollister director George Hill made the decision based on test samples and a field study conducted by the U.S. Environmental Protection Agency. Hill said it is the first time he knows of that BLM has made such a season-long closure in the remote wilderness so popular with off-road vehicle enthusiasts, hunters, rock hounds and campers, which includes 440 miles of roads and trails normally open to the public.

 

“It warranted concern,” Hill said. “We have to err on the side of safety.”

 

In the dry summer season, up to 1,200 people visit Clear Creek every month, according to BLM statistics. Now only property owners, mining claim holders and government officials will be allowed through the area. Because of the asbestos dust that sheds off the serpentine masses, made worse by the speeding tires of dirt bikes, Hill said it is being closed for the public’s own good.  Griffith and his fellow dirt bikers say they don’t appreciate the government being a nanny to their health.  “People can smoke cigarettes, but yet we can’t ride because someone thinks it’s bad for us?” said Griffith, who says that riding in Clear Creek has kept him drug-free and gives him peace of mind. “I guarantee, I’m not the only one. Clear Creek is an alternative natural high.”

           

Dusty EPA test runs

Hill said three EPA technicians took 120 air samples in the months of September, November and March in a “rider” scenario. Using a calibrated air pump attached to an asbestos fiber-sampling filter in backpacks, they rode dirt bikes one behind the other through a 25-mile route on the rugged trails of the Clear Creek Management Area. They also did a similar run in an SUV with the windows down.  What they found, said Hill, was that the asbestos fibers potentially inhaled far exceeded the EPA standard of one in a million parts. The asbestos in the Clear Creek test runs came to one in a thousand, making it what the EPA calls an “elevated lifetime cancer risk.”  “The EPA says one in 10,000 is bad enough to close an area,” Hill said. “When you get one in a thousand, well, we had to make a decision.”

 

The EPA did not return calls. But according to their preliminary reports, the exposure was even worse for the two riders trailing the lead rider. The third rider received nine times the asbestos exposure allowable by the Occupational Safety and Health Administration.  “The asbestos exposure has been talked about as far back as 1986,” Hill said. “We thought it (the closure) would be the best thing to do.”

 

But longtime dirt biker Ed Tobin, spokesman for the dirt biker group called the Salinas Ramblers, said he believes the EPA test runs were flawed. He monitored the EPA test runs taken on the Clear Creek riding trails in September, when BLM Ranger William Swartz was the lead rider followed by two EPA technicians, also on dirt bikes.  “The third rider fell seriously behind,” Tobin said. “He was riding painfully slow. I could have walked faster.”  Tobin said the third rider crashed on trail T114, not far from the Old Jade Mill. The rider broke his clutch lever along with the backpack he was carrying with the test equipment. The riders were to take six air samples throughout the run.   “We had done three, then this guy goes and burrows in and clogs the machines,” Tobin added. “Dirt was stuffed in all the test equipment. The third rider didn’t complete the course. I had to take him back to Oak Flat where the others were waiting for us.”

 

Tobin believes the EPA had predetermined answers to their questions before the tests were conducted.   “I don’t trust the EPA as far as I can throw them,” he said. “They’re a bunch of liars and I will always hold their results suspect. For BLM to base this closure on those flimsy EPA results is ridiculous.”  Tobin and others decrying the closure argue that the asbestos in Clear Creek is the kind that is safer to humans and animals since it is more easily expunged from the body. It’s a long-argued battle that’s never been completely settled between scientists, environmentalists, corporate frontmen and policy makers.   “We’re dealing with people who believe one fiber can kill you,” Tobin said. “We need an independent study of the area, done by a third party not associated with the government.

 

A legacy of mining

BLM officials met with off-road riders in May to tell them about the upcoming closure. At the meeting BLM geologist Tim Moore handed out information about asbestos-related cancer deaths and tried to explain the hazards of asbestos inhalation – a presentation not well received. Tobin said he argued with Moore about it.   “I said, ‘Tim, tell the people the truth,’” Tobin recalled. “He handed out this thing that said there was an asbestos epidemic. It was meant to scare people.”

 

The Clear Creek area has been mined extensively throughout the past century for its cornucopia of minerals, the most abundant being mercury and asbestos. Today, there are nearly 90 abandoned mines in the entire area. Most of the mercury mines, including the largest in New Idria, closed by the 1970s. In the past decade, the massive asbestos mines also have closed one after another as the effects of asbestos, a powdery substance, on humans and the environment are becoming better known. One of the largest mines, the Atlas Asbestos Mine, is a Superfund cleanup site. Another, the KCAC, closed in 2001.

 

Tobin says that according to the nonprofit green organization called the Environmental Working Group, only three asbestos-related deaths have been recorded in San Benito in the past 25 years.   “Not exactly an epidemic by any means and it does not appear that Clear Creek is a ‘hot spot’ either,” he added.   Moore said most of the miners who worked in the Atlas Mine and the KCAC lived in Fresno, and it is not yet known how their former jobs might affect their health. In many cases in takes years for asbestos-related cancer to show up in a victim.  “A lot of folks (at that meeting) didn’t believe it’s a danger,” Moore said. “They want to see where the bodies are.”

 

Plant lovers v. dirt lovers 

 

Clear Creek has been a battleground between various public interest groups for decades. While environmentalists and recreationalists are on opposite sides of the war, they all seem to be dissatisfied with BLM.  “My biggest concern with BLM is that they’ve always been reactive instead of proactive,” said Brian LeNeve, a spokesman for the Monterey Chapter of the California Native Plant Society.   LeNeve said that the Hollister BLM recently let it known to the public that the EPA studies confirmed similar ones that BLM officials conducted in 1992.  “So what’s the difference now?”  LeNeve said, exasperated. “They should have closed it in 1992!  ”Last November, the California Native Plant Society and the Center for Biological Diversity teamed up on a lawsuit against BLM for allegedly failing to protect a super-rare plant species, called the San Benito Evening Primrose or Camissonia benitensis, from the tires of off-roaders who rip through fences and the “barrens.”   The barrens are the prominent bald hills in Clear Creek where little vegetation grows – except, on occasion, the evening primrose.

 

The tiny threatened species of wildflower found only in the serpentine soils of the Clear Creek Management Area in south San Benito County. The flower stands, at best, about 2 inches tall on a hair-thin stalk ending in a yellow bloom the size of a small moth.  A court hearing is scheduled on the matter for July 14.  Tobin and his group believe that this litigation the BLM is facing from the environmentalists influenced their decision to close the area.  “They’re trying to impress a judge,” Tobin said. “For that, they’re closing off this area to everyone. We’re talking about generations of people locked out of the area.  ”LeNeve said he is not overjoyed that the area is closed for the dry season because, though it might save a few primroses for now, it could cause hard feelings to manifest when the trails are reopened Oct. 15.“There’s going to be pent-up energy,” LeNeve said. “On October 15 people are going to go in there with a vengeance.”  “I believe that motorcycles and the ‘cam’ (evening primrose) can live together up there,” he added. “I personally don’t like the bikes – they’re noisy, dusty and too damn damaging to the environment – but society has to make allowances for them to ride.”

 

Unacceptable alternatives

There is another area where off-road enthusiasts can go during the summer – the Hollister Hill Off-Road Park on Cienega Road, southwest of Hollister. But Clear Creek devotees say there is no comparison between the two areas and that riding in Hollister Hills would be “unacceptable.”  “Hollister Hills is groomed like a ski run,” said Griffith. “It’s not technically challenging. It’s a kiddy course for the city slickers, the yahoos who bring in bikes with shiny wheels and chrome.”

 

“What a piece of crap,” said Tobin, speaking about a dirt bike trail in Hollister Hills called Troll Trail. “It’s lined with poison oak. Hollister Hills is like riding dirty concrete in the summertime. It’s a good place for families, for dirt biker beginners, but there are few rewarding experiences for anyone who has ridden Clear Creek.”  Tobin says his group, along other off-road groups and their legal defense fund, the Blue Ribbon Coalition, are gearing up to fight the summer closure of Clear Creek. He wouldn’t give details, nor comment on whether his coalition – like the environmentalists defending the tiny primrose – would challenge BLM legally.  Tobin did say that out of six alternatives BLM studied, they should have picked the one that recommended posting the asbestos risks on more signs throughout the remote area. He and Griffith also said they would be willing to sign a waiver of liability before entering the area, another alternative studied by BLM.  But BLM opted for summer closure. Hill said that except for travel on county roads, all public access using motorized vehicle travel is not allowed, except for government law and BLM or state officials, and landowners.

 

For more information on the Clear Creek closure, call the Hollister BLM at 831-630-5000.