Tag Archives: Gualala River

Threat to Gualala River Dogwood Forest logging ends with court decision

Peter Baye and Rick Coates, SONOMA COUNTY GAZETTE

“The real problem isn’t going to go away until the Board of Forestry and CAL FIRE follow their own rules, including CEQA. Until they do, we are not going away, either” said Charlie Ivor, president of Friends of Gualala River. “The Gualala River floodplain forest is going to be protected according to law, no exceptions.”

The lawsuit to stop logging the Gualala River floodplain redwood forest tract in the “Dogwood” timber harvest plan (THP) is over. CAL FIRE was ordered by Sonoma County Superior Court to vacate (revoke) the Gualala Redwood Timber Company timber harvest plan on April 18, 2017. CAL FIRE finally responded to the writ sending a “Notice of Director’s Decision Vacating Approval” to GRT’s forester Art Haschak on September 7, 2017, prohibiting any further logging in the Dogwood THP area. GRT must now file a new timber harvest plan if it seeks to log some or all of the floodplain redwood forest in the vacated “Dogwood” THP.

The Dogwood THP was shut down by the Court after logging on one tributary had begun. The five miles of riparian redwood forest along the main stem of the river in the Dogwood THP area has not been logged.In March, the court also ordered CAL FIRE to “reconsider” its approval of the Dogwood THP within 150 days. The Court entered judgment against CAL FIRE on March 23, 2017, based on the agency’s failure to assess any cumulative impacts of another floodplain timber harvest plan submitted by Gualala Redwood Timber during the Dogwood timber harvest plan review period, the “German South” THP.

While environmentalist plaintiffs are celebrating their victory, and the fact that the century-old floodplain redwood forest in the Dogwood THP area will be spared for now, they remain concerned CAL FIRE has not improved or reformed its environmental reviews of floodplain forest logging. The Court ordered CAL FIRE to “reconsider” approval of the Dogwood THP, including direct, indirect, and cumulative impacts to wetlands, rare plants, floodplain forest, and listed fish and wildlife species. But after being ordered to revoke the logging permit, CAL FIRE and GRT made a minimal, nominal effort to meet this order. Rather than substantially reconsider or correct the many basic environmental flaws of the timber plan, CAL FIRE and GRT minimally complied with Judge René Chouteau’s order to “reconsider” its approval by submitting only a single supplemental page, three paragraphs long, with minor changes.

Read more at: Threat to Gualala River Dogwood Forest logging ends with court decision

Filed under Forests, Habitats, Land Use, Local Organizations, Water

Sonoma court awards attorney’s fees in ‘Dogwood’ timber harvest case

FRIENDS OF THE GUALALA RIVER

After halting logging in the environmentally sensitive mature floodplain redwood forest of the lower Gualala River, Judge René Chouteau of Sonoma County Superior Court awarded $162,000 in attorney’s fees to the successful parties in environmental litigation over CAL FIRE’s approval of the Dogwood Timber Harvest Plan. The successful parties are the Petitioners, Friends of Gualala River, Forest Unlimited, and California Native Plant Society, represented by attorney Edward Yates. The fee award ruling was issued June 27, 2017.

CAL FIRE’s consideration and approval of the Dogwood logging plan sparked public opposition for over a year culminating in a public protest demonstration in July 2016. Members of the public, including the Petitioners, were concerned that the proposed logging would significantly affect Gualala River reaches that are designated as Wild and Scenic, especially those reaches above the Gualala River’s mouth and estuary and adjacent to a regional Park. The forester hired by the timber company and landowner, Gualala Redwoods Timber (GRT), prepared the environmental analysis used by CAL FIRE to justify the five miles of floodplain logging on the lower Gualala River. It concluded logging would have no significant impacts, despite a lack of evidence or even basic scientific surveys for wetlands or rare plants and wildlife known to occur in the floodplain.

Petitioners filed a lawsuit in Sonoma County Superior Court on August 4, 2016, to compel the California Department of Forestry and Fire Protection (CAL FIRE) to set aside the agency’s final approval of the “Dogwood” timber harvest plan. California Native Plant Society joined the Petitioners in the lawsuit in September 2016. Acting in the public interest, the three nonprofit environmental groups challenged CAL FIRE’s approval of the unprecedented largescale floodplain redwood logging plan. This plan allows for significant impacts to over 400 acres of Gualala River wetlands, rare plants and endangered wildlife.

On January 25, 2017, Judge Chouteau made an unexpected ruling to remand the entire Dogwood THP back to CAL FIRE to comply with the California Environmental Quality Act (CEQA) and Forest Practices Act (FPA). The Court’s judgment was that CAL FIRE’s approval of Dogwood included a defective cumulative impact analysis that omitted a subsequent foreseeable floodplain logging plan by the same applicant, Gualala Redwoods Timber. This ruling provided CAL FIRE with an opportunity to fully overhaul the incomplete or defective environmental review.

Read more at Friends of the Gualala River.

Filed under Forests, Sonoma Coast

Disputed Gualala River logging plan stalled pending revised study 

Mary Callahan, THE PRESS DEMOCRAT

See the Friends of the Gualala River website for more information about this logging plan.

A disputed 2-year-old plan to log along several miles of the Gualala River floodplain remains in limbo five months after a Sonoma County judge nullified its approval and sent it back to state forestry officials for revision and additional public review.

Acting on a lawsuit brought by environmental groups, Superior Court Judge Rene Chouteau ruled in January that the 330-acre project was deficient because it failed to account for the cumulative impacts of a different logging plan in development when the proposal at issue was first submitted.

It’s not clear just how much revision of the so-called Dogwood plan submitted by Gualala Redwood Timber will be necessary before it earns a pass from the judge, and there is likely more courtroom action ahead in any case.

“I think everyone expects that this is the first round of litigation,” said Eric Huff, forestry practice chief with Cal Fire, the state forestry agency.

Chouteau’s formal order, filed April 18, gave Cal Fire wide discretion to determine how broadly the Dogwood harvest plan should be reconsidered.

Larkspur attorney Ed Yates, who represents several environmental groups trying to block logging in the floodplain, said it would behoove Gualala Redwood Timber to substantially adjust its plan, given the many objections plaintiffs have lodged against it.

The Dogwood proposal “is legally inadequate in many different areas: plants, endangered species, water quality, climate change, alternatives, mitigations,” Yates said.

Read more at: Disputed Gualala River logging plan stalled pending revised study | The Press Democrat

Filed under Forests, Habitats, Water

Superior Court sends controversial redwood floodplain logging plan back to CAL FIRE for environmental review

FRIENDS OF THE GUALALA RIVER

The “Dogwood” Timber Harvest Plan (THP), an environmental review of the first major logging of the mature redwood forest on the sensitive floodplain of the Gualala River, has been sent back to CAL FIRE for a full revision. The plan is bound for a fourth cycle of public comments. CAL FIRE, the California Department of Forestry and Fire Protection, is the state agency that regulates commercial logging.

On January 25, 2017, Judge René Chouteau of Sonoma County Superior Court made an unexpected ruling to remand the entire Dogwood THP back to CAL FIRE to comply with the California Environmental Quality Act (CEQA) and Forest Practices Act (FPA).

The unanticipated early court decision to require correction of the THP’s incomplete, deficient treatment of many cumulative environmental impacts vindicates environmental organizations and many local residents who commented on and protested the Dogwood logging plan.

“We have in effect already prevailed on one CEQA issue” said Edward Yates, attorney for the plaintiffs Forest Unlimited, Friends of Gualala River, and California Native Plant Society.

Petitioners had requested that the Court consider extra-record evidence about subsequent Gualala Redwoods Timber (GRT) redwood logging plans in the same Gualala River floodplain forest as Dogwood THP. Those logging plans were filed with CAL FIRE immediately or soon after circulation of the Dogwood THP.

Mr. Yates argued that these post-Dogwood THPs were directly relevant for environmental review of Dogwood THP under CEQA and the Forest Practice Rules. Mr. Yates pointed out that these THPS were known to GRT and CAL FIRE, but not disclosed or analyzed for public review as potential cumulative impacts in the Dogwood THP as required by CEQA.

In an unexpected turn, Judge Chouteau remanded the entire Dogwood THP back to CAL FIRE, providing for a full overhaul of incomplete or defective environmental review. The Court specifically found that CAL FIRE had violated CEQA’s cumulative impact analysis requirements, and remanded the THP to CAL FIRE to provide CAL FIRE the opportunity to revise that analysis to be compliant with CEQA. Judge Chouteau held that while CAL FIRE is revising the cumulative impacts section, CAL FIRE would also have the opportunity to revise any other sections.

The Court will retain jurisdiction over the case while CAL FIRE revises the Dogwood THP again. After the revised Dogwood THP is recirculated and public comments are addressed, the Court will take up arguments again.

In the meantime, there is still an injunction suspending timber operations in the Dogwood THP area. After the Dogwood THP lawsuit was filed, however, CAL FIRE approved another GRT floodplain redwood logging plan on the Gualala River next to The Sea Ranch, the “German South” THP. In addition, CAL FIRE is preparing to approve yet another GRT floodplain logging plan on the river, “Plum” THP.“

This decision confirms that CAL FIRE failed yet again to regulate the timber industry and protect the environment,” said Larry Hanson, president of Forest Unlimited. “Despite forestry rules specifically designed to protect floodplain forests against cumulative impacts, CAL FIRE dismissed the combined impacts of piecemealed floodplain logging plans, totaling hundreds of acres and many miles, with even more on the way. This is why we had to take them to court. Fortunately, the Court is going to make them do their job.”

The unprecedented, rapid series of floodplain redwood forest logging plans is alarming both local communities and environmental organizations in the region. After decades of clear-cut logging on steep ridges by Gualala Redwoods Inc. (GRI, the predecessor of GRT), GRT is apparently now hastening to log most of the floodplain of the lower Gualala River within its ownership. GRT stated in the Dogwood THP discussion of alternatives that the alluvial flats of the river contain some of their largest redwood timber, and they are not willing to set any of them aside from timber harvest plans.

Read more at: Sonoma County Superior Court Remands Entire Dogwood Timber Harvest Plan Back to CAL FIRE for Environmental Review of Controversial Gualala River Redwood Forest Floodplain Logging – Friends of Gualala River

Filed under Forests, Habitats, Land Use

Gualala River logging project suspended by Sonoma County judge 

Mary Callahan, THE PRESS DEMOCRAT

A Sonoma County judge has halted logging operations tied to a disputed timber harvest plan in the Gualala River watershed until a court challenge against the project can be resolved.

Superior Court Judge Rene Chouteau granted a preliminary injunction Wednesday, affirming an earlier tentative ruling in which he said environmentalists challenging the plan had a strong enough case to justify a court-ordered freeze on the work.

Continued felling of trees in the project area, near the coast along the Sonoma-Mendocino county border, would alter the environment in a manner that could not be rectified were plaintiffs to prevail in the lawsuit and approval of the logging plan withdrawn, Chouteau said.

“Once you cut these trees down and actually damage these areas, that’s it,” said Chris Poehlmann, president of Friends of the Gualala River, a group pressing the lawsuit along with Forestville-based Forest Unlimited. Chouteau’s ruling did not address the validity of the arguments in the case, tentatively set for a Nov. 29 hearing.

At issue are plans by Gualala Redwood Timber to selectively log 330 acres of redwood forest spread among nearly a dozen spots along the lower river. The so-called Dogwood harvest plan, approved by Cal Fire on July 1, covers an area logged in the past and includes stands of large second-growth redwood trees, some of which are a century old.

Read more at: Gualala River logging project suspended by Sonoma County judge | The Press Democrat

Filed under Forests, Sonoma Coast

Environmentalists file suit over Gualala River logging plan

Glenda Anderson, THE PRESS DEMOCRAT

North Coast environmental groups have followed through on their threat to sue Cal Fire over its approval of a 400-acre logging operation within the floodplain of lower Gualala River.

The lawsuit, filed last week by Forest Unlimited and Friends of Gualala River, alleges state forestry officials failed to meet mandated safeguards and follow state environmental laws when they gave the go-ahead last month to the so-called “Dogwood” project, near the coast along the Sonoma-Mendocino county line.

The groups called out planned road building in the river floodplain, claiming such plans were exempted from state logging rules without adequate explanation from Cal Fire.

“Normally it (floodplain) would be protected,” said Peter Baye, with Friends of the Gualala River. The group is considering seeking an injunction to halt the harvest, which began more than a week ago.

Cal Fire officials were not available to comment, but Henry Alden, forest manager for Gualala Redwood Timber LLC, which owns the land, said the environmental groups misconstrued details of the harvest. The new forestry rules, adopted last year, don’t prohibit roads in floodplains, but rather limit their use, he said.

Read more at: Environmentalists file suit over Gualala River logging plan | The Press Democrat

Filed under Forests, Water

‘Dogwood’ floodplain logging plan approved over opposition

Friends of the Gualala River, SONOMA COUNTY GAZETTE

For more information, go to the Friends of the Gualala River website.

On July 1, 2016, CAL FIRE approved the five mile long, 400+ acre “Dogwood” timber harvest plan (THP; logging permit) that lies entirely within the floodplain of the designated Wild and Scenic Gualala River.

Under current California forestry regulations, the floodplain (riparian) redwood forest is supposed to be protected against all logging disturbances like skid trails and haul roads used to move logs out, but CAL FIRE waived those protective rules when asked to grant a massive “exception” to the rules.

Unless the approval is challenged and stopped, Gualala Redwoods Timber will proceed to cut 90-100 year old redwoods and build roads through floodplain wetlands and rare plants and in over five miles of floodplains – sensitive habitats and resources that have not even been surveyed in advance of the approval.

Read more at: ‘Dogwood’ floodplain logging plan approved over opposition

Filed under Forests, Habitats, Land Use, Water

Cal Fire agrees to logging of redwoods on lower Gualala River 

Mary Callahan, THE PRESS DEMOCRAT

Cal Fire has granted final approval to a contentious timber harvest plan that includes logging century-old redwood trees along the lower Gualala River, though environmental advocates who object may challenge it.

The 330-acre “Dogwood” harvest plan had been subjected to a rare three rounds of public review and comment before being given a green light Friday by the state fire and forestry agency, which pronounced the final version in full conformance with state rules.

Forester Henry Alden, a spokesman for Gualala Redwood Timber Inc., which acquired the land last year, said logging would begin this summer — and soon — barring outside interference.

But environmental groups, including Forest Unlimited and Friends of the Gualala River, have said they were willing to take the case to court if Cal Fire failed to block the plan.

Despite assurances from state regulators who have inspected the property, opponents contend the plan violates rules meant to protect sensitive wetland habitats and floodplains from disturbance — a point Alden strongly disputes. Critics additionally say the extent of planned tree removal along miles of lower watershed could have dangerous cumulative effects on water quality and wildlife habitat. They also oppose provisions for pumping water from the river for suppressing dust along skid roads during logging.

Friends of the Gualala River president Chris Poehlmann said Monday it was too soon after the release of final documents to say with certainty whether legal action would be pursued. Both the nonprofit he leads and Forestville-based Forest Unlimited have been raising funds for a potential suit.

Read more at: Cal Fire agrees to logging of redwoods on Lower Gualala River | The Press Democrat

Filed under Forests, Habitats, Land Use, Sonoma Coast, Water, Wildlife

Logging plan along Gualala River faces opposition

Mary Callahan, THE PRESS DEMOCRAT

For more information on the “Dogwood” timber harvest plan, see Friends of the Gualala River.

A disputed plan to log century- old redwoods along the Gualala River is running into stiff opposition from environmentalists who say the days of timber operations near North Coast streams, even on land long used for commercial logging, should be over.

Opponents of the proposed timber harvest in northwestern Sonoma County are again taking aim at a project they say poses potential harm to wildlife and plants. It would harvest trees on about 330 acres in the river’s flood plain.

The use of heavy equipment in such an area to handle and haul away downed trees is not appropriate and shouldn’t be allowed by the state, opponents say.

“It’s an ecosystem. It’s not just a tree farm,” said Chris Poehlmann, president of Friends of the Gualala River, a nonprofit group that has taken a tough stand on other logging and vineyard conversion projects in the watershed, home to greatly diminished runs of coho salmon and steelhead trout.

But representatives of Gualala Redwood Timber Inc. say the proposed logging, revised from original plans, is not the intense harvest that critics fear and will be carried out with safeguards for the environment. The company is the relatively new owner of more than 29,000 acres of timberland straddling the Sonoma-Mendocino county line and stretching inland from the coastal town of Gualala and the mouth of the Gualala River, site of a Sonoma County park.

State rules prohibit any logging within 30 feet of a stream, said Gualala Redwood Timber spokesman Henry Alden, and require 80 percent of the canopy cover left intact within 150 feet.

Read more at: Logging plan along Gualala River faces opposition | The Press Democrat

Filed under Forests, Habitats

Battle heats up over Gualala redwoods

Will Parrish, THE ANDERSON VALLEY ADVERTISER

Campaigns to save majestic coastal redwood groves have been waged for more than a century, starting with the campaign that created Big Basin State Park in 1902. In 1978, the Sierra Club even dubbed its successful campaign to expand Redwood State and National Park the “last battle” of “the redwood war,” but the battles to protect this globally recognized icon of nature threatened by human greed would only intensify.

In 1985, a junk-bond dealer named Charles Hurwitz engineered a hostile takeover of Humboldt County’s most respected logging company, Pacific Lumber, and folded it into Houston-based investment company Maxxam. Meanwhile, Louisiana-Pacific, a Georgia-Pacific spin-off, was cutting its more than 300,000 acres in Mendocino and Sonoma counties at roughly three times the forest’s rate of growth.

“We need everything that’s out there,” Louisiana-Pacific CEO Harry Merlo told Mike Geniella of the Santa Rosa Press Democrat in 1989 “We log to infinity. Because it’s out there and we need it all, now.”

This unruly phase of the story involves the birth of radical environmentalism on the North Coast, complete with tree sits and road blockades, and culminates in the campaign to save the largest remaining area of unprotected old-growth redwoods in California, and thus the world: the Headwaters forest, located between Fortuna and Eureka. Riding the tide of public opinion, President Bill Clinton made saving Headwaters an election pitch in 1996, and in 1999 the state and federal governments purchased 7,500 acres to establish the Headwaters Forest Reserve.

This year, a new redwood crusade has emerged, this time in northwestern Sonoma County. Gualala Redwoods Timber (GRT), owner of 29,500 acres in northwestern Sonoma and southwestern Mendocino counties, plans to log hundreds of large second-growth redwoods in the Gualala River’s sensitive floodplain. The ”Dogwood” plan encompasses 320 acres, making it the largest Gualala River floodplain logging plan in the modern regulatory era, while the “Apple” plan features 121 acres of adjacent logging and 90 acres of clear-cuts.

Project critic Peter Baye, a coastal ecologist affiliated with Friends of the Gualala River and a former California Department of Fish & Wildlife regulator, says the style of logging GRT has planned is liable to batter the watershed’s badly impaired “off-channel” salmon and steelhead habitat. He also fears it will jeopardize endangered species such as the marbled murrelet and northern spotted owl, and set a dangerous precedent that erodes the intent of modern environmental statutes that are supposed to protect floodplains.“

This is basically the last mature riparian forest refuge in the watershed,” Baye says. “All of the 80- to 100-year-old trees in the watershed are gone, except these. And it’s in the critical part, next to the river and in the floodplain. Nothing else impacts salmon like this does.”

Read lots more at: Battle Heats Up Over Gualala Redwoods | Anderson Valley Advertiser

Filed under Forests, Land Use, Water, Wildlife