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Friends of Gualala River launch new lawsuit targeting logging on North Fork

Chris McManus, INDEPENDENT COAST OBSERVER

As part of its Salmonid and Watershed Restoration Project, Friends of Gualala River has launched a new lawsuit, this one focused on the Gualala River’s North Fork in the watershed’s northwest corner, the only hydrologic area of the watershed that is not temperature impaired.

The suit was filed last Wednesday in Alameda Superior Court against the California Regional Water Quality Control Board, the State Water Resources Control Board and Gualala Redwood Timber, LLC, seeking to stop Gualala Redwood Timber’s “Far North” timber harvest plan, No. 1-20-00150 MEN.

The new suit comes as FoGR is continuing to fight Gualala Redwood Timber’s “Dogwood III” THP. Judge James Donato on Tuesday issued a 14-day temporary restraining order on that timber harvest plan while he continues to consider a longer restraining order in the federal case brought by FoGR and the Center for Biological Diversity.

The newest lawsuit against the water boards is part of systemic reform FoGR is seeking to hold state agencies involved in the review of timber harvest plans accountable for their roles in the process. Previous lawsuits have targeted CalFire, the final reviewer and approver of timber harvest plans in California.

Read more at https://gualalariver.org/press/friends-of-gualala-river-launch-new-lawsuit-targeting-logging-on-north-fork/

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Gualala River logging project clears hurdle in state court as federal case ramps up

Mary Callahan, THE PRESS DEMOCRAT

A legal battle over plans to log in the lower Gualala River flood plain is heading into a fifth year, despite a recent victory in state appeals court by Gualala Redwood Timber and Cal Fire which first approved the project back in 2016.

The fight over the 342-acre timber project in the northwest corner of Sonoma County adjacent Gualala Point Regional Park is now shifting to a new case gearing up in federal court.

But the bottom line is still the same. Gualala Redwood Timber and its owner, Roger Burch of Healdsburg, want to cut timber from the watershed to feed local sawmills that Burch also owns.

Friends of the Gualala River, a 30-year-old grassroots nonprofit organization supported by like-minded groups around the region, is seeking to block the harvest, which is targeting stands of second-growth forest including some century-old redwoods.

At issue is what’s described in the group’s federal suit as “one of California’s last remaining mature riparian redwood forest.”

Charles Ivor, president of Friends of the Gualala River characterized the forest as having evolved over thousands of years to provide a rich and balanced ecosystem only to be nearly wiped out by the log production that helped build San Francisco and much of the North Coast.

Gualala Redwood Timber agents have consistently maintained their plan adheres to state forest practice rules and restrictions developed specifically to protect imperiled steelhead trout and salmon runs in the Gualala River.

Read more at: https://www.pressdemocrat.com/article/news/gualala-river-logging-project-clears-hurdle-in-state-court-as-federal-case/?

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Gualala River estuary conservation effort takes a $2.1 million step toward success

THE MENDOCINO BEACON

Sometimes it does take a small group of passionate locals to conserve a river estuary forever.

In 2017, 113 acres of scenic and environmentally sensitive coastal wetlands and adjacent uplands surrounding the Gualala River went up for sale for the first time in over 70 years. The community came together, signaled their desire for open space with sensitive public access versus development. The movement began.

Thursday, the Redwood Coast Land Conservancy announced that it has received three grants totaling over $2.1 million for the Gualala River Mill Bend Conservation Project that they are stewarding for the community. The US Fish & Wildlife Service awarded the project $1 million through the National Coastal Wetlands Conservation Program. An $845,000 award came from the California Natural Resources Agency through the Environmental Enhancement & Mitigation Program. The third grant award of $300,000 came from the California State Coastal Conservancy and will allow for initial site assessment and a conservation master plan.

“(Redwood Coast Land Conservancy) feels fortunate to share conservation goals with our federal and state partners. The Mill Bend project will clean up a degraded area from a century of timber mill use and enable wildlife habitat restoration, estuary enhancement for steelhead and salmon and thoughtful public access including continuing the California Coastal Trail,” said Kathleen Chasey, project manager for the conservancy.

Founded in 1992, the Redwood Coast Land Conservancy is the local land trust for the Mendo-noma coast. The conservancy has taken the lead role to secure the funds for the Mill Bend acquisition, planning and stewardship and is conducting a $2.7 million “Campaign to Preserve Mill Bend.”

“We plan to raise enough funds through additional smaller foundation grants and community contributions to preserve and protect this vital property in perpetuity, said President Christina Batt.

In addition to the three grants awarded, Redwood Coast Land Conservancy must raise $600,000 for stewardship since funders for the acquisition require substantial stewardship funds be in place to demonstrate adequate resources to manage and protect the property forever. The group has been quietly contacting key donors and has lined up $300,000 in lead gifts. The official launch of the campaign to raise $600,000 was to begin in March but was postponed to now because of the COVID-19 virus outbreak. Contributions toward the Mill Bend campaign are welcomed.

More information about RCLC and the Campaign to Preserve Mill Bend can be found on the RCLC website at www.rclc.org. Contributions to RCLC can be made via its website or by sending a check to P.O.Box 1511, Gualala, CA 95445

Source: https://www.mendocinobeacon.com/2020/05/22/gualala-river-estuary-conservation-effort-takes-a-2-1-million-step-toward-success/

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Friends of Gualala River move to halt Dogwood logging plan

FRIENDS OF THE GUALALA RIVER

Friends of Gualala River (FoGR) recently took legal action to appeal the decision on the Dogwood timber harvest plan (THP) to the State Appellate Court. In addition, FoGR sought an injunction on logging until the appeal could be heard. The court granted the injunction last week which temporarily suspends logging of Dogwood. Gualala Redwood Timber’s (GRT) logging of Dogwood could have commenced as early as April 15. A hearing date for the appeal is presently unknown.

The Dogwood THP includes logging 342 acres of second-growth and mature redwood forest within the sensitive floodplain of the Gualala River. The THP area is located close to the Sonoma County Gualala Point Regional Park Campground, extending up river to Switchville, at the Green Bridge, and continuing along the South Fork which flows parallel to The Sea Ranch and directly across from, and beyond, the “Hot Spot.” Additional tracts of land containing large redwoods are included in the expansive THP including units beyond twin bridges and along creeks in the Gualala River Watershed.

The THP abuts a portion of the main stem of Gualala River which is designated as a Wild and Scenic river by the State of California for its natural beauty and recreational value. The river is also listed as “impaired” by the U.S. Environmental Protection Agency due to excessive sediment and temperature.

FoGR first filed suit to challenge the California Department of Forestry and Fire Protection’s (Cal Fire) approval of Dogwood in 2016. FoGR prevailed in its initial and subsequent suit against Cal Fire on the grounds that Cal Fire failed to comply with the California Environmental Quality Act.

Read more and find more information at http://gualalariver.org/news/friends-of-gualala-river-move-to-halt-dogwood-logging-plan/

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Sonoma County Superior Court rules in favor of Friends of Gualala River’s second lawsuit over the “Dogwood” floodplain timber harvest plan

Friends of the Gualala River

Sonoma County Superior Court once again has ruled in favor of Friends of Gualala River (FoGR) in its lawsuit against CAL FIRE’s approval of logging of coastal floodplain redwood forest in hundreds of acres of the Wild and Scenic Gualala River. The controversial “Dogwood” timber harvest plan (THP) proposed by Gualala Redwoods Timber LLC has been opposed by public protests, petitions, and litigation since 2015.

On October 16, 2018, Judge René Chouteau concluded that the second Dogwood THP failed to meet California Environmental Quality Act (CEQA) requirements for evaluating project alternatives with less environmental impact, and for assessing cumulative environmental impacts to the river, forest and floodplain, in addition to those from the Dogwood THP itself.

FoGR, Forest Unlimited, and California Native Plant Society previously sued CAL FIRE over similar environmental review flaws in the first Dogwood THP (1-15-042), and prevailed in case SCV 259216, requiring CAL FIRE to revoke the permit to log “Dogwood” in March, 2017. The applicant, Gualala Redwoods Timber (GRT), resubmitted the logging plan with minimal corrections, and CAL FIRE again approved it over major public opposition on March 30, 2018. FoGR again sued over the same basic flaws in CAL FIRE’s environmental review process for “Dogwood II” in case SCV 262241.

In agreement with legal precedents, the Court stated in “Dogwood II” that it is “absolutely clear” that THPs must be functionally equivalent to Environmental Impact Reports (EIRs). THPs must meet the same fundamental standards of CEQA with regard to evaluation of alternatives that reduce impacts to the environment, which the Court reaffirmed is “one of the most important functions of an EIR.” The Court ruled that CAL FIRE’s position on THP requirements for alternatives analysis was incorrect, and its discussion of alternatives for Dogwood simply presented no information, analysis, or explanation of how it reached its conclusions in rejecting all alternatives as infeasible. FoGR argued that CAL FIRE uncritically accepted the prejudicial arguments of the applicant, Gualala Redwoods Timber, in rejecting alternatives without analysis.

Read more at http://gualalariver.org/forestry/floodplain-logging/sonoma-county-superior-court-rules-in-favor-of-friends-of-gualala-rivers-second-lawsuit-over-the-dogwood-floodplain-timber-harvest-plan/

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Court halts logging again on Gualala River property

Frank Robertson, SONOMA WEST TIMES & NEWS

Logging on the Gualala River was halted again last week when a judge ruled in favor of the Friends of the Gualala River and against Cal Fire, the state’s forestry agency.

Sonoma County Superior Court Judge Rene Chouteau halted the planned timber harvest while a legal clash continues over potential environmental damage from the Gualala Redwood Timber (GRT) company’s plan to selectively log about 350 acres of mature redwoods on its property known as “Dogwood.”

The Dogwood logging plan “is distinguished by the unprecedented extent of logging over hundreds of acres along miles of floodplains that include special habitats for steelhead, salmon, and protected rare plants, wetlands, and wildlife,” said Friends of the Gualala Redwoods in a media announcement of the court decision. It “also contains some of the largest, oldest and most mature redwood stands left in the Gualala River flats.”

Chouteau’s decision marks the second time in two years that Friends of the Gualala River (FoGR) has won a court order to halt GRT logging in the 100-year-old forest near the Gualala River estuary.

Two years ago Friends of Gualala River, Forest Unlimited, and the California Native Plant Society prevailed in a lawsuit against Cal Fire’s approval of GRT’s first Dogwood logging plan.

The first Cal Fire permit was vacated last year after Chouteau ruled that, in approving the timber harvest plan, Cal Fire had violated the California Environmental Quality Act (CEQA). Chouteau gave Cal Fire the opportunity to fix and resubmit the logging plan to comply with CEQA. GRT submitted an amended version of the plan late last year.

Friends of Gualala again sued Cal Fire over the new plan, alleging it had “essentially the same CEQA and Forest Practices Act violations that it found in the first version of the plan,” said the group’s attorney Edward Yates.

Read more at http://www.sonomawest.com/sonoma_west_times_and_news/news/court-halts-logging-again-on-gualala-river-property/article_67c453d0-6f47-11e8-9192-7be5d70387cb.html

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Disputed Gualala logging plan earns second approval from state

Mary Callahan, THE PRESS DEMOCRAT

A controversial plan to log miles of Gualala River floodplain, including nearly century-old redwood trees just outside Gualala Point Regional Park, is back on track, setting the stage for a showdown in court or perhaps among the trees themselves.

Charll Stoneman, forest manager for Gualala Redwood Timber, which owns the land, said logging won’t begin until at least mid-May — after completion of final surveys required to ensure the absence of breeding Northern spotted owls, which are listed as threatened under the Endangered Species Act.

But Stoneman said he thinks the revised plan is “bulletproof,” given additions requested by Cal Fire, the state forestry agency, which eventually approved the document. If a judge intervenes, then “we wait for Cal Fire, and go on from there,” Stoneman said.

“Ultimately, the expectation is that, in time, we’ll harvest,” he said. “It’s just a matter of when.”
But opponents — after thwarting attempts to log the area once already by convincing a judge the timber harvest plan failed to analyze environmental impacts fully — sued Cal Fire again this month, just days after the agency renewed its approval.

There is quiet talk of civil disobedience to block operations in the 342-acre harvest area if a judge doesn’t stop it first. Critics already have staged monitors around the area at least twice since the plan was approved March 30 to listen for the sound of chainsaws that would signal logging had started.

“We were prepared to protest, if necessary,” said Charlie Ivor, president of Friends of the Gualala River, the chief plaintiff. “This is an egregiously organized timber harvest plan that is unprecedented, and it’s the community’s last chance to save these trees.”

Read more at http://www.pressdemocrat.com/news/8205038-181/disputed-gualala-logging-plan-earns

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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

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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.

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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