Notice of Intent to Sue CAL FIRE over Approval of Controversial Gualala River Floodplain Redwood Logging – “Dogwood” Timber Harvest Plan, Sonoma County
The Notice of Intent to Sue alleges that CAL FIRE’s approval of the “Dogwood” THP is in violation of California Environmental Quality Act (“CEQA”), the Forest Practice Act, and Board of Forestry regulations (California Forest Practice Rules) that implement them. FoGR and FU argue that CAL FIRE failed to assess potentially significant impacts to floodplain forest wetlands, rare plants, archeological resources, and special-status species, and improperly deferred surveys essential for impact assessment and mitigation until after approvals were given. FoGR and FU allege that CAL FIRE failed to assess reasonable alternatives to the project, and failed to provide reasonable justification for exception to Forest Practice Rules that otherwise protect floodplains against disturbances of roads and landings, in a THP that is almost entirely composed of floodplains.
The “Dogwood” logging plan covers 402 acres of sensitive floodplain redwood forests stretching over more than five miles of the lower Gualala River, from the mouth, bordering Sonoma County Regional Park campgrounds, upstream to the vicinity of Annapolis Road. The logging plan targets mature 90-100 year old redwoods that regenerated after early historical logging. It is the first large-scale logging plan to cover most of the floodplain forest left in the lower Gualala River, following changes in California Forest Practice Rules to extend protections against logging disturbances from stream-side buffer zones (Watercourse Lake Protection Zones) to entire “flood-prone areas” (floodplain forests, alluvial flats). The “Dogwood” plan, which is almost exclusively floodplain redwood forest, required a justified exception to the new rules in order to be approved. CAL FIRE Director Ken Pimlott agreed to the exception requested by GRT.
The “Dogwood” THP process was delayed by multiple errors requiring CAL FIRE to recirculate amended versions of the logging plan, correcting erroneous or omitted information, and incomplete notification to neighboring landowners. After two recirculated versions of the THP, CAL FIRE responded to over 100 public comments opposed to the plan – and authorized the logging plan over the objections of comments and a petition with over 1600 signatures.
Friends of Gualala River (FoGR) and Forest Unlimited (FU) have opposed the “Dogwood” logging plan since it was released for public and agency review in May 2015. Both FoGR and FU are local nonprofit conservation organizations who have opposed conversion of redwood forests to vineyards, but have supported non-profit conservation forestry acquisition of Gualala River Watershed timberlands by The Conservation Fund. They joined forces to organize public comments opposing the plan, along with a coalition of environmental organizations, including chapters of the Audubon Society, California Native Plant Society, Sierra Club, and Center for Biological Diversity.
Chris Poehlmann, FoGR President, views the recent GRT push for extensive redwood logging into the Gualala River floodplain as a consequence of unsustainable upland clear-cutting over decades: “It’s no surprise Gualala Redwoods Timber is now going after the biggest and oldest stands of redwoods they have left – all in the protected floodplains. They are running out of slopes they haven’t already clear-cut over once or twice. CAL FIRE isn’t respecting the newer forest practice rules that protect floodplain redwoods, so we’re drawing a line in the sand”, he said.
For Forest Unlimited, the environmental stakes are also regional: “Newer logging rules on the book were designed to minimize logging impacts within a floodplain riparian area. But in this plan, they are making the exception the rule by logging and skid road-building entirely in the Gualala River floodplain, and in an oversize area.” said Larry Hanson, President of Forest Unlimited. “And this is wrong. We need to correct it.”
Following is a link to and copy of an article in today's PD. It mentions a pending lawsuit, but not this Saturday's rally. Details about that event could be added at the comments section. Please forward this article.
Environmental groups poised to sue over 400-acre logging project along Gualala River MARY CALLAHAN, THE PRESS DEMOCRAT | July 13, 2016
Foes of a plan to log hundreds of acres of timberland along the lower Gualala River, including century-old redwood trees, have notified state forestry officials they intend to sue over the project unless the state rescinds its approval.
The official notice, submitted Friday to Cal Fire Director Ken Pimlott, came from North Coast environmental groups that contend the logging will degrade sensitive floodplain habitat for plants and wildlife — impacts they say the state did not adequately study and address in granting the logging a go-ahead.
Water quality regulators and Cal Fire have said the plan offered environmental safeguards and met state standards after three rounds of public review and revision.
Still, it now is highly likely that the dispute over the 402-acre timber harvest plan called “Dogwood” is headed to court, logging opponents said.
Their representatives need to know by July 20 if Cal Fire is willing to negotiate so they can file suit within the legally required 30 days of the plan’s approval.
“I would be very open to them (Cal Fire) wanting to negotiate, but I don’t see that on the horizon at this point, from how they’ve conducted themselves so far,” said Chris Poehlmann, president of Friends of the Gualala River, a would-be plaintiff, alongside the group Forests Unlimited.
Environmental opponents have scheduled an 11 a.m. Saturday rally at nearby Gualala Point Regional Park to rally support for their cause.
The proposed project has been a source of controversy for more than a year, following Gualala Redwood Timber Inc.’s purchase of more than 29,000 acres of mixed redwood and Douglas fir timberland straddling the Sonoma/Mendocino county line. The property’s previous owner had first applied for permission to log the area.
The plan calls for selective logging on 330 acres spread out along about eight miles of the Gualala River’s south fork, including an area of second-growth redwood trees adjacent to Gualala Point Regional Park, though logging would be screened from the park, said Henry Alden, a spokesman for Gualala Redwood Timber.
Under state forest practice rules, the 13 largest trees on each acre must be left standing, with setbacks from the river of 30 feet, Alden said. The operation also must maintain 80 percent canopy cover within 150 feet of the water. About 70 acres would remain unlogged.
Critics have continuously challenged the legality of the proposal, citing rules that permit skid trails and other logging-related operations in flood plains only under certain conditions. They say Cal Fire was too lenient in granting exceptions.
The potential legal challenge is also fueled by lingering dismay among conservationists over a failed bid to buy at least part of the timber property to protect the floodplain and expand Gualala Regional Park.
In its July 1 approval, Cal Fire noted that the land is zoned for timber production and that 27 previous timber harvest plans overlapped portions of the Dogwood project area.
Cal Fire did not respond to a request for comment about the potential lawsuit Wednesday.
“It’s on a knife’s edge right now, because what Cal Fire and what Gualala Timber decides to do in the next few days can be really significant,” said Rick Coates, executive director of Forests Unlimited. “It could fall either way.”
But “I think there is a very strong possibility — I would call it a 95 percent chance at this stage — that there will be a lawsuit,” he said.
You can reach Staff Writer Mary Callahan at 521-5249 or mary. [email protected].
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