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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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Judge puts controversial Healdsburg logging plan on hold

Mary Callahan, THE PRESS DEMOCRAT

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.

Read more at https://www.pressdemocrat.com/news/8729540-181/judge-puts-controversial-healdsburg-logging

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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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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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Fight over disputed Healdsburg logging plan escalates amid state delay

Mary Callahan, THE PRESS DEMOCRAT

The National Marine Fisheries Service, whose mission includes the protection of imperiled fish species, identified Felta Creek as “the only stream in the Dry Creek watershed where wild coho salmon have been observed frequently.”
“There were two years where Felta was the only stream in the entire Russian River watershed that we knew coho existed,” said Mariska Obedzinski, a fisheries biologist with the California Sea Grant program who specializes in endangered salmon recovery.

A cold, clear stream that provides some of the last refuge for wild coho salmon in Sonoma County lies at the center of a dispute over logging plans in the forested hills above Healdsburg.
The proposed removal of redwood and Douglas fir trees from a steep hill above Felta Creek and the Russian River Valley poses a risk, opponents say, to remaining habitat for an endangered fish species once abundant in the freshwater streams and rivers of the North Coast.
Some of the trees marked for harvest on the 160-acre property grow on grades of 65 percent — so steep that foes of the plan, including neighbors and several environmental groups, say it could unleash significant erosion into the creek if carried forward. They are prepared to go to court to block the proposed harvest, which is being studied by state forestry officials.
Last week, those officials kicked the proposal back to landowner Ken Bareilles and his forester for significant additions and revisions
Read more at: Fight over disputed Healdsburg logging plan escalates amid state delay | The Press Democrat

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Fight for Felta Creek

Tom Gogola, NORTH BAY BOHEMIAN
A Humboldt County businessman appears poised to get the green light from the California Department of Forestry and Fire Protection (Cal Fire) to log most of a forested 160-acre Healdsburg parcel crossed by Felta Creek.

Read more at: Fight for Felta | News | North Bay Bohemian

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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

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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