I.
Discovery: Finding out what’s going on
A. Defining the problem
Karst and cave problems fall into two main classes: 1. Somebody plans to do something that
will adversely affect a cave, such as dump trash into a sinkhole and kill
endangered cave species, or build a structure on top of a cave that will cut
off the natural drainage and risk collapse of the cave roof; or 2. Somebody is planning a development atop
a cave that is regarded by the developer simply as an impediment to the
project, because it might lead to flooding during heavy rains, possible
structural instability, and the potential for expensive repairs.
These problems, while connected by the natural
characteristics of caves and sinkholes, require different strategies of the
first karst responders. Where the cave itself is threatened, responders should support
environmental conservation. Where the
development itself is at risk, karst responders should support safe development
and avoidance of economic loss.
In the first case, the message to those threatening the cave
is, “You are going to wreck the cave”; in the second, “The cave is going to
wreck your project.” In some cases both
may be true.
It is important from the outset to be sure which kind of
problem confronts the concerned public and the developer. Cave defenders who do not understand the
fundamental difference between these approaches may waste resources fighting
the wrong battle.
1. Who has the problem? To craft an
effective response to a proposal for development on karst, canny cavers should
start by asking, “Who has problems with this proposal and what are they?” For
instance, XYZ Builders wants to locate a housing subdivision on the old Sinking
Creek Farm south of town. The
multifamily condos will be laid out attractively with curved streets and the
maximum density local zoning allows. XYZ
Builders has already invested in the plan, and held discussions with the bank. The
only public notice may be an agenda item for the Planning Board. Cavers and their allies know that Sinking
Creek Farm is a karst area with many sinkholes and a significant cave and river
beneath it. Who has problems with this
development? What are they?
The cavers know they have a problem – their cave and its
river are under threat from pollution and disturbance. Others also have a
problem: the developer, planning officials, state and federal water protection
agencies, the bank, insurance company, and future home buyers. What is their
problem? They have purchased land that is going to collapse, be prone to
flooding, and will require expensive mitigation to avoid environmental impacts
offsite.
However, this second group is probably unaware that they
have a problem! Usually, caves, their rivers and their sinkhole links to the
surface are unknown to everyone except cavers. Only rarely are ordinances in
place to protect karst and control development (see Appendix for information
about karst ordinances). Since the cavers know they have a problem, they must
investigate to find answers to important questions about the proposed
development.
2. What is the project timetable? Learn the
urgency for decision or action. Is the
timetable one that will allow for prudent examination of the plan and
site? Or is the project on a fast
track? A slow and deliberate timetable
may allow for education of all concerned.
A fast track project or “done deal” may sound the alarm for rapid
response to buy time for careful consideration.
3. Who has the decision-making authority? Identify
the chain of decisions and approvals for the proposed project. That will lead
you to the decision-making authority in each case. Some decisions will be made sequentially, one
following another. Other decisions will
be made in parallel.
For example, a conceptual plan including a site plan is
needed for most projects. These
documents are submitted to a city or county planning agency for review
and approval. Six or eight sets of plans
may be dispersed to various government departments, such as the zoning board,
engineer, building inspector, utilities, bikeway committee, state or federal agencies
– many approvals will be needed for
some projects. These same documents may
be circulated to lending institutions and investors for their approval.
When these plans reach the first public approval authority,
you have a right to examine them. If you are denied access to the plans, this may
be grounds for a legal challenge later, so document any refusals you encounter.
Whatever the project, investigate to understand and chart the
detailed approval steps and to learn about the authorities who will issue rulings
to move forward or to delay. As a taxpayer you have a right to repeatedly
contact any and all public officials involved and ask for meetings or phone
calls to clarify what’s going on, and to have them explain the process to you.
4. What are their motives? Time is money.
Most developers are motivated to move forward as quickly as possible and are
well organized to approach approval authorities with most of the details
completed. Developers hate surprises,
and most are resourceful enough to quickly overcome obstacles, such as approval
delays. Caver inquiries may be dismissed with quick answers. Example:
Concerned caver: “What will you do about the sinkholes on
the site?”
Developer: “There are no sinkholes on the site, just mushy
spots that we already filled in with rocks.”
Planning boards, zoning officials, permit reviewers, and
engineers are motivated to see that the project will conform to land use and zoning
ordinances, environmental regulations, and building codes. Elected officials sometimes are motivated to
assist any developer, and may be willing to cut corners. Getting re-elected can
be a motive of some politicians. Bankers look for financial soundness,
competence, and a track record. They
want to be sure their loans will be repaid.
The public has its own concerns: maintaining an assured
clean water supply, not subsidizing commercial speculation with tax money, and
desiring attractive surroundings. Individuals want public safety and
uninterrupted services – police, fire, low taxes, snow removal, environmental
stewardship, parks, and recreation.
Fairness and justice are motives for some segments of the public.
Money often trumps environmental quality and protection as a
motive, so cave-saving appeals based on saving money and preventing economic
loss most often gain more traction than conservation appeals.
5. What are the
objectives of the differing parties? A project’s supporters want to get the
work completed, be paid as quickly as possible and go to the next job. Any
delay is seen as contrary to their objective and a potential loss of profit.
This means that developers have a vested interest in getting rid of cave and
karst related issues as swiftly as possible.
Cavers who seek further research or project changes are a developer’s
enemies, and are often labeled as environmental extremists.
Government officials want to uphold the laws and procedures
and to protect our air and water from degradation. However, developers know how
to lobby these agencies with phone calls and courtesy visits. Over time, public
agencies can fall into the trap of working with developers and excluding the
public. This is not necessarily bad or immoral or illegal – it is the
inevitable result of hard work by developers to make friends in the
governmental departments that affect their projects.
The solution is simple, though a challenge for cavers and
allies whose work is on a volunteer basis: Make your own courtesy visits and
phone calls. Let the agencies know who you are and what your concerns are. Of
course you may have to get tough, if a government agency seems to be working in
cahoots with a developer. Bureaucrats may sometimes voice private
off-the-record sympathy with friends of caves and karst, but for the record say,
“Sorry, our hands are tied.”
When this happens, do not be drawn into secretive
negotiations for quiet, behind-the-scenes deals – you will always end up compromised and silenced. Take the issue to the
public, even if hurt feelings and broken friendships are the result. Public
airing of government action/inaction is necessary to keep them honest, when the
developer seems to be getting all the breaks.
6. What obstacles must be overcome to achieve
the goals of cave and karst protectors? Strategizing in cave and karst
conservation means identifying all the obstacles to achieving the rapid
response team’s goals, then planning to overcome each obstacle. Formal obstacles can include missed procedural deadlines, a resulting lack of
legal standing for your group, or a systematic public relations offensive by
the development proponents. Informal
obstacles can include lack of funds to pay expenses, no local volunteers,
apathy and inertia by local cavers and the community you thought would support
your cause, and bias or wrongdoing by approval boards and agencies.
Each obstacle should be listed in a table followed by a column
describing the resources, people, and legal assistance necessary to overcome
it. Where combinations of resources are
required, list those. When completed,
the table will be useful for recruiting volunteers and professionals such as
lawyers, scientists, and speakers.
7. FOIA and Open
Records Requests – Obtaining the information you are entitled to: The records
of public agencies such as federal, state, and municipal bodies are subject to
disclosure to the public upon written request, submitted by mail, email, fax,
or hand delivery. Citizens do not need
to explain why they want the information.
Under the federal Freedom of Information Act (FOIA), federal agencies,
like the Federal Highway Administration and Environmental Protection Agency,
are required to produce requested public records within 20 business days.
Every federal agency website has a link explaining how and
where to submit FOIA requests. Every
state has its own version of FOIA (variously called “Open Records Act” or “Public
Disclosure Act” or comparable names) with different periods of time to respond
(some, like Kentucky, are as short as 3 days).
State laws apply to not only state agencies, but also cities, counties,
special government districts (e.g., water, sewer), and some quasi-governmental
organizations (e.g., economic development).
Most State Attorney General websites have good explanations for citizens
on how to use their state “FOIA” process and how to appeal rejections or delays
in responding.
Under federal and state open records laws, the definition of
“record” is extremely broad and includes hard copy and digital records in the
possession of the government agency such as zoning and permit applications,
permits, building plans, maps, letters, email, telephone logs, and meeting
minutes. A “reasonable fee” can be
charged for records; citizens can tell agencies how much they are willing to
spend without being consulted beforehand when they file their request. Certain
records can be withheld, such as drafts and the details of archaeological
sites. The exemption for “draft” records has often been misused to withhold
reports in controversial cases.
For example, you may become aware that the developer has had
several conversations with the city engineer about his/her project. You may
request notes, meeting reports, memoranda, and other records of those
discussions. If the agency claims such communications and records are “private”
or “sensitive,” you may have a right to appeal to the state and then consider a
legal case of wrongdoing. The purpose of
open records laws and sunshine laws is so that public business is truly the
public’s business.
Sometimes public officials will deny access to the records
or place onerous restrictions -- $1 per page copying fees – on the
request. Such stalling tactics are
patently illegal but may be part of the intimidation used to get project
opponents to go away discouraged. This
is why all opposing groups should retain an attorney or find one willing to
provide pro bono services to
represent them and advise them of their rights.
There are no magic words to open records requests. You do not need to cite the law. You have to be fairly clear about the type
of records you want (e.g., memos, emails, applications) but you do not need to
specify titles or dates of reports, etc.
You cannot, however, ask questions.
One of the more important items is to learn beforehand exactly whom to
send it to, either by calling the agency or researching its website. (A FOIA template is provided in the Appendices, item number 4.)
Like open records laws, there is a comparable open meetings
law for the federal government and every state. A deplorable practice of some
developers and government co-conspirators is holding secret meetings that are
not advertised and documented, at which decisions are made. Such illegal
meetings are what give rise to the phrase “done deal.” When you encounter this practice it means the
developers have declared war on their opponents and may not respond to
reasonable arguments or appeals to legality. A call to the state Attorney
General office and, as needed, legal challenges may be the only option for
effective response when opponents are excluded from meetings and discussions.
8. Congressional inquiries, going to the top:
A lesser-known way to obtain authoritative information about federal cases is
to write a letter of inquiry to your Congressperson or Senator. (Faxing a letter to your Congressperson’s
office in Washington , D.C.
will get there more quickly than U.S.
For example, you wish to know if the U.S. EPA has issued a
FONSI (Finding of No Significant Impact) for XYZ Project, and if not, when do
they expect to issue this document? Your
letter of inquiry should look like this:
Hon. Steve
Austria
Dear
Representative Austria:
I wish to
know if the U.S. EPA has issued a FONSI for the XYZ project, Hardin County , KY.
Sincerely,
John Q.
Citizen
B. Constraints to taking swift remedial action
Constraints on your group’s ability to take effective action
quickly are facts of life and cannot be ignored. Some of these are listed below and may form
very real limits on what remedies are possible, whether mitigation is
practical, or whether a contemplated challenge is legal. All constraints should be listed at the
outset so that volunteers and professionals will have a realistic understanding
of what is possible and what is not.
1. Legal constraints: You will not be able
to mount an effective legal action without having an aggressive, capable attorney
willing to file motions, trigger hearings, and object to questionable behavior.
See details below on when you need an attorney, and how to find one, under IV.
Two-way communications.
2. Educational
constraints: Generally your cause will have an educational constraint,
meaning that to arouse public sympathy and concern, you must educate the public
on karst terminology and processes, why caves and underground rivers are of
value, and why the proposed development is harmful. Ignorance is a constraint: confused or
ignorant people accept authoritative pronouncements unless educated. The
opponents will do their best to brainwash.
Cave and karst advocates must educate or abandon hope of winning.
A hypothetical example follows, loosely drawn from the Kentucky
Transpark project. Note the pro-project points made by the county-level elected
official, and the several different levels of response provided by the KEEP
representative.
KarstEEP SPOKESMAN: “The proposed project is an effort to
use public funds to build a private industrial park on sensitive karst
terrain. On economical grounds alone the
project is a bad idea because there are already 700 acres of vacant zoned
industrial land in Bowling Green ,
KY.
“Karst landscapes
have three major problems: Structures collapse when caves and sinkholes open
suddenly, areas flood because the so-called natural drainage through sinkholes
is restricted and it backs up in heavy rains.
Furthermore karst land is easily contaminated when parking lots and
accidental spills enter the ground water through sinkholes.
“The developers will tell you they plan to avoid, prevent,
or mitigate all karst hazards. The past
record of Bowling Green
“There is even a threat to the Tier III
groundwater basin in nearby Mammoth
Cave National
Park
The arguments and information summarized above were
developed over a two-year time span, in opposition to the proposed development
of an airport, trucking center and heavy industry park above karst rivers. This
example shows that, as part of educational readiness, karst responders must be
prepared to counter gross distortions of fact made by opponents with a robust
information and outreach campaign. While
we often wish that the simple scientific truth were adequate to offset the
distortions, sometimes stronger, blunt truth must be part of the educational
package.
In another example, supporters of locating the regional
sewage plant on a karst floodplain asserted the following:
SUPPORTERS: “The site is above the U.S. Corps of Engineers official
100 year floodplain, so it won’t ever be flooded.”
OPPONENTS: “Fact: The location floods every year or two and
here are photos and video to prove it. The U.S. Corps of Engineers never
inspected the site. Rather, they traced
around an arbitrary contour line on the topographic map while sitting at a
computer in a distant office. Flooding is likely to upset the plant and send
the contents of raw sewage into the Elk River .
All sewage treatment plants overflow from time to time. Threats to wildlife are
real and cannot be prevented.”
Karst rapid responders must always explain the consequences
of the risks they cite, not leave it up to the imagination. Seize every
opportunity to educate fully. For example, don’t say this:
“The cave contains endangered Indiana
Instead, say this:
“The caves contain federally endangered Indiana
Finally, continuous education is required for an effective
karst threat response. You can’t just put out a press release or hold a public
forum and assume that folks are now fully informed. Most people are not paying
attention most of the time, and need to be repeatedly told and reminded of your
basic message and facts. It will be useful to place all educational materials
on your Web site so reporters and citizens can be referred there for further
information.
Always remember: The audience is a passing parade, not an
auditorium full of people. You must continue to educate long after you are
tired of teaching the facts and truth.
Second, always provide facts in layers so that those who want to know
more can drill down to find detailed information. Developers will seldom if ever provide information
beyond their initial public relations releases.
3. Hydrogeologic constraints: Karst lands and caves have certain
irrefutable constraints on their safe use that karst protectors need to
understand and publicize.
First, karst is an erosional feature. Karst landscapes are undergoing
disintegration, they can be slightly to extremely unstable, and they are full
of unexpected surprises such as rapid flooding or area-wide groundwater
contamination. Lakes in Florida and Kentucky
Second, groundwater can be traced successfully through karst
conduits under some circumstances but not under all circumstances. Systematic
dye tracing methods are employed by hydrogeologists to learn the destination of
spring flows. Harmless dye agents are
placed in sinkholes or sinking creeks and charcoal traps are placed in all
likely groundwater discharge points.
Traces of the dye many be found through laboratory analysis indicating a
subterranean connection and possibly some indication of the transit time. In Missouri
Karst low water drainage basins can be determined by
systematic hydrology studies. However,
in times of heavy rains, runoff water may overwhelm the underground conduits
and cause them to overflow into adjacent groundwater basins. Cross-basin
spillover or leakage is common in karst areas, since the underground river
system is continually adjusting itself downward and sometimes abandoning upper
level drainage conduits (caves). In
times of flood, water rises in the underground system and flows through these
little-used
conduits, remobilizing sediments that sometimes contain contaminants such as
gasoline and other chemicals. These toxins can be carried downstream, emerging
into springs and wells used for drinking water, farming, and recreation.
In your efforts to respond to karst threats you may need to
enlist the aid of a hydrogeologist to establish the facts of karst drainage in
the area under consideration. Scientists are better at authoritative explaining
than non-scientists. When scientists are ignored, real problems may soon
result. (In the Appendices, see item number 5, “The Scientific Method: Model
for clear thinking under pressure from opponents”)
4. Physical constraints: Several cities have proposed to place
airports on karst sinkhole plains.
Contractors often claim it is easy to fill sinkholes with a truckload or
two of rocks. However, sinkholes
continually open up, swallowing the rocks and requiring expensive “remediation.”
Ignore Karst, Build Now, Fix Later.
In Bowling Green
Kentucky
Perhaps the most expensive physical problems result from failure
by a developer to perform adequate subsurface investigations ahead of time. Federal building contracts require core
drilling to avoid foundation problems with the site. A contractor’s shortcut is to drill to “auger
refusal,” a technical term that means when rock is struck the drilling
stops. In karst areas it is a large
mistake to accept simple auger refusal studies, because rocks in karst areas
are often floating erosional remnants, not bedrock.
These remnants may be surrounded by cavernous voids,
creating an unstable base for construction that can lead to subsidence or
collapse. Technical terms like “cutters”
and “grikes” describe karst limestone features that may lurk beneath the
surface and masquerade as bedrock. The University of Kentucky
5. Topographical
constraints: In a karst area, you cannot assume that the underground
drainage and structure are mirrored by the surface topography. Caves may extend under hills, beside hills,
under valleys, and beside valleys.
Developers may argue that their karst site is far from the river and
therefore immune to flooding. They may
be catastrophically wrong. Flooding is a
frequent problem in karst areas because, although caves enlarge and adjust to
average drainage conditions through geologic time, maximum rainfall events can
overwhelm an “average” drainage system. When this happens, excess water pours
up and out of sinkholes across the surface and can flood a neighborhood quickly
and stay a long time, as happened in a karst area in northern Ohio
6. Resource constraints. A primary constraint will be money. An organization will need funds to set up a
Web site, publish brochures, hold meetings, and hire experts such as lawyers or
environmental consultants.
Fundraising for rapid response
The outline below will
be fully developed in the next draft. Suggestions welcome.
1. Realize up front
that you will need money, and start planning for a war chest from the very
first. You can’t rely for long on free expert advice and pro bono legal help.
2. Short term
- Typical initial costs that will arise and how to cover them:
- Find a patron for the first $1000, that will get you a Web site, a 501-c-3, a PowerPoint, and form letter mailed out, asking for contributions (8 Rivers sent the form letter and a long news release to 15 or 20 grottoes -- and got donations from most).
- Partnering with a larger organization while you get your act together:
- Incorporating within your state as a first step:
- First steps to developing a small, core membership/donor base:
- Send the form letter for a second year. Keep asking as you have news to report. Set up a secure contribution page on your Web site.
- Ask affinity organizations to publicize your cause. (Eight Rivers talked to several fishing clubs and got a feature article written by one writer and a big donation from a second organization.)
- Prepare and present programs, and always ask for contributions – Eight Rivers has a basic PowerPoint plus a beauty PowerPoint. We have used it many times in many places, and sometimes received contributions.
3. Medium term:
- Obtain fundraising/strategic planning training - River Network, KEEP, other groups.
- The myth of the native son or daughter as celebrity donor.
- Respectfully seeking other, more realistic, local deep pockets.
4. Long term:
- Pros and cons of becoming
a 501 c 3 nonprofit charitable organization.
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