Judge puts controversial Healdsburg logging plan on hold

Planned logging near a Healdsburg stream that provides some of the last refuge in the region for wild coho salmon has been put on hold after a court decision overturned a timber harvest plan for the 160-acre site.

Sonoma County Superior Court Judge Rene Chouteau determined last month that the plan approved by Cal Fire last fall inadequately analyzed potential impacts for endangered and threatened fish species in Felta Creek and the greater Russian River watershed into which it drains.

Chouteau also agreed with neighbors’ claim that property owner Ken Bareilles failed to sufficiently address the effects of logging trucks on narrow roadways and five rural bridges they would travel to haul lumber from the remote parcel.

The resolution is unlikely to be the final chapter in the dispute, with both sides anticipating ongoing legal battles.

“The land isn’t safe until it has a conservation easement on it or a harvest plan geared for limited, smaller-scale logging, said Lucy Kotter, a one-time forester and a spokeswoman for Friends of Felta Creek, which was formed to block the plan.

Bareilles, a Eureka attorney, said Wednesday he still hopes he can start logging in the spring and intended to revise and resubmit his timber harvest plan for approval in the meantime.

He said concerns regarding traffic and bridges would be more easily addressed than those related to at-risk fish populations, but he said a sustained rise in lumber prices meant he wouldn’t lose any money while he worked the problems out.

Read More

Senator McGuire’s NCRA Trail Bill Passes State Assembly

Bill is historic first step in creating the Great Redwood Trail master plan, addresses NCRA debt & liability concerns

Thursday, August 30, 2018

Sacramento, CA – Senator Mike McGuire’s landmark legislation that seeks to turn the crumbling 300 mile North Coast railroad line into the Great Redwood Trail passed the State Assembly today on a vote of 62 to 3. The bill will be voted on by the State Senate tomorrow and will then head to Governor Brown for his signature. The Trail, which would extend from San Francisco Bay to Humboldt Bay, runs through some of the most dramatic landscapes on earth.

Read More

Working Forest Management Plan rules challenged

In 2013 the California Legislature passed SB 904 which created a new logging plan called a Working Forest Management Plan (WFMP).  The industry-dominated Board of Forestry was required to promulgate regulations implementing the WFMP.  True to form, the Board attempted to subvert the strong environmental requirements of the legislation.  Consequently in November Environmental Protection Information Center, Coast Action Group and challenged the regulations in court.  Forest Unlimited has financially supported this suit.

Oral arguments on the case were heard in Alamedia Superior Court on Friday April 20 and members of Forest Unlimited were there.  The Atroney General’s office and a CalFire attorney defended the regulations.  Well know attorney Sharon Duggan represented our side.  Ms. Duggan is the author of Guide to the California Forest Practice Act and Related Laws, a tome used by attorneys and ordinary citizens alike to understand forestry law.

Alan Lavine, Director of Coast Action Group, said “I think we did well in Court.  Sharon Duggan was well prepared and thorough in her presentation on the issues.   The Attorney General’s Deputy was not prepared as she admitted.  Judge was very thorough and had obviously done a lot of reading and studying and was well versed on the details.”

The Judge seemed a little upset with the AG.   For example, in response to one of his cogent questions she had no response.  The judge responded “Really -that is all you have?  Your kidding !, You must have more. That is it?  Huh.”  In contrast, Sharon Duggan did a masterful job.  After viewing Sharons’s performance, Forest Unlimited’s Executive Director Rick Coates commented “It was a pleasure to watch Sharon demonstrate her well-honed skills.  I am optimistic that the judge will rule in our favor.”

We should see the final ruling a week or so.  Hopefully, the Board of Foresty will learn that it can not just do whatever it’s wants and must actually follow the law.  Given their history, we know that is a lot to ask.

Felta Creek Logging Court Dates Set

Friends of Felta Creek have challenged the approval of a logging plan 1-17-017 SON which will damage the salmon run in Felta Creek!

Please attend these court dates if you can. Showing the judge that lots of people care about protecting Felta Creek and stopping this timber harvest plan can only strengthen our case.

May 16, 3:00pm Courtroom 18, 3055 Cleveland Avenue in Santa Rosa is the hearing to hold off timber operations.

August 17, 3:00pm Courtroom 18, 3055 Cleveland Avenue in Santa Rosa is the main trial hearing where Friends of Felta Creek is suing CalFire for approving this THP.

April 13, 2018: Dogwood Logging Plan on the Gualala River is Back!

STOP “Dogwood” floodplain logging plan! Revised version as bad as original.

Rick and Jeanne Jackson
Gualala, CA

APR 13, 2018 — Friends of Gualala River, FoGR, along with Forest Unlimited, is taking legal action against the resubmitted Timber Harvest Plan “Dogwood,”.

This THP that would log in the floodplain of the Gualala River. CAL FIRE approved this Logging Plan on March 30, 2018.  Dogwood contains the largest tracts of mature redwoods in floodplains, beginning at the boundary of Gualala Point Regional Park’s campground and extending up over 5 miles of the river.

These floodplains are wholly special riparian habitats: they are part of the river, which naturally occupies the floodplain when it flows over its banks. It’s a potent natural sediment trap, or “sink” for the silt and clay that runs off of the eroding slopes and landslides above it. When its vegetation is flattened, the floodplain loses its capacity to trap sediment. This plan in effect logs the river itself, as the river includes its floodplains.

The Gualala River’s floodplain supports extensive seasonal wetlands. Salmon and steelhead feed and fatten on the floodplain, including its wetlands, during those special flooding events such as we had in early April.

Among the environmental reasons and legal basis for the lawsuit to protect the Gualala River are:

• Gualala Redwoods Timber (GRT) essentially re-filed the same unacceptable GRI Dogwood logging plan, without substantively addressing either public or FoGR comments.

• GRT dismissed public concerns, and disregarded meaningful reduced project alternatives.

• GRT dismissed the existence of seasonal wetlands in the floodplains, which is not credible.

• GRT disregarded CAL FIRE’s own scientific guidance on how to assess riparian redwood logging plans. They didn’t even assess the effects of winter 2017 flooding of the floodplain on the part of Dogwood they did harvest (lower Buckeye Creek) or compare it with unharvested areas to validate their predictions of how benign their floodplain logging plan is. If they were serious about environmental protection, they would have at least monitored to verify their predictions and assurances. They didn’t.

• GRT didn’t assess the endangered red-legged frog adult impacts during the non-breeding season, when they move away from breeding ponds and into floodplains to feed at night and hide out under cover by day. They treated frogs impacts as though they were in a hot, arid inland climate (inactive or close to ponds in the dry season) rather than on the more humid coast (where they move overland in foggy, cool weather and at night). And the plan still says the nearest known occurrences of red-legged frogs are 21 miles away, contradicting added information that they are present in the plan area! Careless and confusing contradictions show how sloppy the RPF and CALFIRE are in preparing a revised plan, even after losing last year’s CEQA lawsuit to FoGR and their allies.

• GRT didn’t even do a cumulative IMPACT analysis of the floodplain logging. They just tallied up cumulative PROJECTS: total plan acreages of different silvicultural treatments in other logging plans, and didn’t even distinguish acreages of floodplain from slopes, or wetlands from non-wetlands. So, there was no assessment of the cumulative environmental effects of those projects on fish, wildlife, floodplains, wetlands, plants, etc.

• The THP acknowledges that the river “regularly floods its banks,” but omits any reference to the special salmonid feeding habitat it provides when it does, or the impacts of disturbing the floodplain soils and habitat with skid road use, logging, and hauling. That’s why there are special scientific guidelines and rules for assessing logging plans that venture into floodplains. And GRT and CALFIRE either disregards them or asks for “exceptions” to the rules. We refuse to allow this.

• GRT and CAL FIRE really didn’t fix anything in the old THP. They made minor technical amendments that still dismiss the public’s legitimate concerns.

FoGR and their allies will continue their fight against this egregious logging plan, which would harm the river, its floodplain, and the wildlife that live in or beside it. Logging in the floodplain is a terrible idea that needs to be stopped before it inflicts damage on the Gualala River.
The importance of this area is demonstrated by Sonoma County plans to make it centerpiece of River Park as far back as 1950s, when timber and salmon fishing were still booming.
Logging of Dogwood is set to start on May 15, 2018. FoGR and their allies will be in court before that date. Please help us in our fight by donating to Friends of Gualala River. http://gualalariver.org/

Friends of Gualala River (FoGR) is a non-profit association dedicated to protecting the Gualala River watershed and the species that rely…
http://gualalariver.org