1. Lompico  Acquisition Fundraising Push-THP put on hold!
2. SJWC NTMP stirs awake
3. UCSC issued violation for illegal logging
4. Zoning Administrator item to legalize 12 parcels for Burch
5. Peter Twight retires
6. CDF Monitoring Study Group at Swanton Pacific March 14
7. Gamecock-Mt. Madonna 124 Focused PHI

1. Lompico Acquisition Fundraising Push-THP put on hold!

The fundraising kick-off at the Trout Farm February 4 was a success. Brian Steen, Executive Director of Sempervirens, Kevin Collins, mastermind of the logging opposition and Executive Director of the Lompico Watershed Conservancy, and Supervisor Mark Stone spoke to a packed and cheering crowd.

Brian Steen explained that Sempervirens would like to see $500,000 raised within the local community towards the $5, 600,000 purchase price for the Islandia property and the Malosky Creek lands, currently owned by Roger Burch. Checks began coming in on the spot, and you can contribute at www.sempervirens.org.  Or phone Kevin Collins: 831-335-4196.

With an outstanding show of community support, Sempervirens feels confident they can get the balance of the option price from large funders.  But they only have till June 30.  It would be a travesty if this deal were to fall through.

In the meantime, a letter from Redwood Empire to CDF has asked that the THP be put on hold.  Don't forget to send in your check.

2. San Jose Water Company NTMP stirs awake

The SJWC NTMP for 1002 acres along Los Gatos Creek was withdrawn in late December.  Since then, things have been largely quiet, until now.  February 7, a pre-consultation took place on site with a bevy of CDF staff, and two members of DFG.  Big Creek was there as well.

The visit was to look at the large, old trees present on site to determine if there is Late Successional Habitat (Late Seral Habitat).  The forest was last harvested some 120-130 years ago.  However, most likely because of site conditions, the redwoods are not terribly large and many do not show all of the characteristics of late seral forest.  However, DFG is asking for a lot more information before making their determination and comments on the issue.

In the meantime, a phone conference is scheduled for later this month between some of the reviewing agencies, Big Creek and SJWC and their consultants to discuss their proposed fire plan.

SJWC wants to resubmit by late March, but CDF seemed to think it unlikely that the plan would resurface until April or May. Neighbors continue to solicit signatures on a petition opposing the logging as well as seeking donations to support their cause.

Check out: www.mountainresource.org

And Big Creek conducted a ‘Noise Study’. First anybody knew about it, reports surfaced that Chemeketa Park residents saw Big Creek vehicles on their roads and someone saw Big Creek employees walk across the Chemeketa Playground into the SWJC forest.  Then chain saws fired up.  No one knew what was going on.  Were trees being felled before re-submittal of the new NTMP?  One astute NAIL steering committee member happened to check out the Hwy 17.com website which has been functioning as a Big Creek mouthpiece for this proposed harvest.  There was an open letter from Nadia Harney, Big Creek RPF, saying that they had conducted a decibel test and if anyone had problems with the noise, to please contact Big Creek. A follow-up piece by RPF Harney gave a few details about what they had done and said the results of the noise study would be included in the next submission of the NTMP. Neighbors have not been officially notified or asked for input.

3. UCSC issued violation for illegal logging

On January 20, 2006, CDF issued a Notice of Violation (NoV) for 1-05EX-274-SCR for the University of California.  This was a Fuel Hazard Exemption that UC used to harvest trees and convert a small area of forest to more paved parking spaces for the Chancellor's new offices at Kerr Hall. This was the wrong exemption/document to use as a Conversion Permit was required.

The NoV says that the University can mitigate the violation by amending "the converted areas next to and or adjacent to Kerr Hall" into the active conversion exemption for the McHenry Library expansion.

Apparently this has not yet been done, but it seems that the NoV was inadvertently mailed to the incorrect address. CDF has stated that they will re-mail the NoV.

4. Zoning Administrator (ZA) item to legalize 12 parcels for Burch

The first item on the February 17 ZA agenda (8:30am) is an application from Joe Burch (Roger’s son) to legalize 12 parcels in Buzzard Lagoon near Ryder Road  above Corralitos.  The land is owned by Roger Burch. The planner for the item will not discuss the matter over the phone, so we are still trying to determine what issues are involved.  It is unclear whether the land has been logged recently, why Mr. Burch wants 12 parcels (Joe has a development company), if logging will be in the future of this land or anything else for that matter.  Anyone interested may attend the meeting at the County Building.

THE FOLLOWING ITEMS WILL BE HEARD STARTING AT 8:30 AM Rm 525

1.  05-0134     NO SITUS    APN(S):  106-022-10,-11,-12,-13. -14 AND  106-501-01 -02,-03
Proposal to recognize the legality of 12 parcels. Requires a Parcel Legality Status Determination and Certificates of Compliance. Property located on the east side of Buzzard Lagoon Road, about 4 +- miles Northeast of the intersection of Buzzard Lagoon Road and Rider Road.

OWNER:  RODGER & MICHELE BURCH
APPLICANT:  J. BURCH
SUPERVISORIAL DIST:  2
PROJECT PLANNER:  DON BUSSEY, 454-3182

5. RPF Peter Twight retires

It seems official.  Twight’s name is being replaced on his THPs with Dave Van Lennep as RPF. At least we won't have to deal with Twight’s mad ravings over how redwood sprouts provide better shade along streams than full grown trees.

I have always thought that Peter should become a fiction writer.  Now that he is retired, maybe he'll find his true calling.

6. CDF Monitoring Study Group (MSG), March 14, Swanton Pacific

Finally, CDF's MSG will meet in Santa Cruz, more precisely at Swanton Pacific Ranch in Davenport. The meeting starts at 10:00am.  Various topics will be discussed in the morning.  Following lunch, will be a Little Creek Watershed Study field tour, led by Dr. Brian Dietterick, Natural Resources Management Department, Cal Poly SLO, and Steve Auten, Resource Manager, Cal Poly SLO.

The agenda is available at: http://www.bof.fire.ca.gov/pdfs/MSGAgenda03_14_06.pdf

The meeting will be held at Swanton Pacific Ranch, 125 Swanton Road, Davenport, CA and is open to the public.  

7. Gamecock-Mt. Madonna 124 Additional PHI

An additional pre-harvest inspection will take place February 15 for THP 1-04-124 SCR for the lands of Roger Burch/Redwood Empire in Gamecock Canyon.  This site visit will be to review the recently constructed access road (the county issued a grading permit to construct the road to access a firebreak, not as a haul road) which is now to be used as the haul road for this THP. (The county was not legally allowed to issue a grading permit for timber operations-haul road construction-on a parcel zoned RA.  So Burch and the county found a way around the counties zoning ordinances.) The county believed that a Minor Lot Line Division would be completed between RE and the Kim Son Monastery giving RE a permanent access road.  However, the MLLA was withdrawn (before the grading permit was actually finalized!) and the easement for RE access over this road expires in 2011.  This means that long-term erosion control access will not be available to RE. Also, the haul road would remain the responsibility of the Monastery which already has numerous code violations elsewhere on their property.
 

Forest Update January 2006

Happy New Year! With a few partial victories, we ended 2005 on an upbeat note. Here's to a continuation for 2006!.

1. San Jose Water NTMP is withdrawn!
2. UC conducts Illegal Logging
3. Lompico THP Review Slows
4. '124' Redwood Empire Gamecock THP
5. Soquel Demonstration State Forest THP Violates Management Plan
6. Proposed Legislation
7. Board of Forestry-CLFA Streamlining Rules Improve

1. San Jose Water Company (SJWC) withdraws NTMP!

In a welcome move, SJWC withdrew their hotly disputed 1002 acre NTMP.  But it wasn’t out of the goodness of their corporate hearts.  After receiving CRFM’s letter of complaint re the NTMP (as well as other letters of complaint) and realizing the extent of the opposition (Santa Clara County hired Tom Lippe to head their consulting team), CDF asked SJWC to withdraw the seriously flawed and incomplete NTMP.

The First Review produced 100 questions needing to be answered, including a rather basic one of whether or not SJWC qualifies as a non-industrial timberland owner legally capable of submitting an NTMP.  Such a landowner must own less than 2500 acres of timberland (some interpretations of the law suggest that the non-industrial tree farmer must own less than 2500 acres of land, timbered or otherwise).  SJWC owns close to 7000 acres of land; how much is timberland is in question. Other problems encountered include mention of a fire mitigation plan to be submitted at some unspecified later date. (Such a plan would need to be reviewed during the PHI.) And some of the required "contents" of an NTMP were not included.

SJWC intends to resubmit the revised NTMP within the next several months. 
Wasting no time, a pre-consultation with DFG is already in the works.

2. UC conducts Illegal Logging

In 1993 after the highly controversial "Elfland" THP at UCSC, CDF (Nancy Drinkard) wrote a letter to the University stating that the campus core area "was not ‘available for’ growing a crop of trees for commercial harvest" and "would not, therefore, require the submission of a THP and a timberland conversion permit." It seems that UCSC proceeded to harvest redwoods from campus without any permits or exemptions for the next ten years.  It wasn’t until 2004, after Ms. Drinkard’s retirement, that the letter exempting UC from any timber harvest permits came to light. 

At that time Rich Sampson, Forest Practice Officer who took over Forest Management in the Felton CDF office, met with UC officials explaining the incorrect assumption made in the 1993 letter.  Sampson also informed the university of the necessity of applying for exemptions or conversion permits and timber harvest plans.  He then drafted a letter reiterating his personal conversations.  That draft was sent to management in Santa Rosa, but was never finalized or sent to UC.
In 2005 UCSC got a Less than 3-acre Conversion Exemption to harvest trees around McHenry Library as part of an expansion project.  In addition, a Fire Hazard Exemption was prepared to cut down several trees at Kerr Hall, where Chancellor Denton has moved her office from McHenry.  Unfortunately, this logging project was not to reduce fire hazard, but to remove trees, stumps and all, for added parking for the Chancellor's visitors.

The exemption application even included a blue print showing where the trees and "stumps" would be removed.  However, CDF did not notice, and wrongly approved the exemption.  Now Rich Sampson is conducting an investigation which could lead to some enforcement action against the University.
During my investigation into all of this, a May 2005 letter from John Barnes of the University to CDF came to light asking for an exemption from timberland conversion permits and THPs for the U’s LRDP  expansion plans.  A response from Bill Snyder, CDF, stated appropriately, that UC would need a Conversion Permit and a THP for each logging project during the long-term expansion. 

3. Lompico THP Review Slows

The dreaded second Review and Close of Public Comment did not occur during the end of year Holidays in 2005.  In fact, no date has yet been set for the Second Review Team.  DFG and the County have submitted their PHI reports and the Lompico Watershed Convservancy is gathering expert testimony in continued efforts to halt this THP in the headwaters of Lompico Creek, home to steelhead trout and water supply for the Lompico Water District.

4. ‘124’ Redwood Empire Gamecock THP

In one of the more outrageous moves by Santa Cruz County Planning Department a grading permit was issued to Redwood Empire to construct an access road to their Gamecock Canyon property across lands zoned RA owned by the Kim Sun Monastery. While the County does not have authority to issue a grading permit for a haul road, this road was finally proposed and approved as a road for fire access and to construct a fire break which is part of the proposed THP.  Yet, we all know that it will be the haul road for the 124 plan.  The grading permit allowed RE to construct a haul road on a property not owned by them, not zoned for timber operations.  The County, I’m told, assumes that RE will go ahead with the Minor Lot Line Adjustment (MLLA) that would give them ownership of the piece of land over which the road crosses.  But the MLLA was withdrawn and I also understand that RE has no intention of resubmitting it.  What this means is that the agreement which allows RE to travel this road expires possibly before the completion of post-harvest erosion control maintenance.

In the meantime, CDF plans to hold second review Friday 13 after turning down the County’s request for an additional PHI.  CRFM sent an email today stating our belief that a PHI to review the newly constructed road is imperative since it was not designed or approved as a timber haul road.  Waiting now to hear CDF's response.

5. Soquel Demonstration State Forest THP Violates Management Plan

After more than a year, the SDSF THP was resurrected and came in for Second Review.  SDSF was required by CDF to prepare an Option A Plan (for timberland owners of more than 50, 000 acres-that would be the State here), as well as fix other problems with the plan.  But CDF is not yet satisfied with the Option A plan.  And the THP is in violation of both the enabling legislation and the forest’s Management Plan.  The legislation requires that old growth redwoods be protected.  The Management Plan goes a step further and states that "all" old growth redwoods and doug fir will be protected.  So cutting down a large, goose-pen, leaning old growth redwood would not be allowed.  But SDSF still contends that the tree will be a hazard since they plan to construct a road immediately adjacent to the leaning side of the tree.  However, now SDSF is exploring cabling the tree to a downslope old growth in an effort to protect the tree and the loggers.

But that still doesn’t address the fact that the plan also proposes winter operations, and the Management Plan prohibits them.  You’d think that SDSF, using public funds, would familiarize them selves with their own management plan prior to preparing a timber harvest plan. And, lest I forget, the legislation requires that base-line monitoring be conducted to assess risks and hazards of logging to urban watersheds. When queried at the Review Team meeting about the lack of such monitoring, the SDSF RPF said "there is no definition of base-line". That is a rather weak response. CEQA, for starters, helps out with a definition of base-line.

And lastly, I brought up the problem addressed in one of my earliest letters on this plan, and that has to do with mapping of cable yarding in an inner gorge area, affectionately referred to as Big Ugly Gulch.  SDSF had said during the PHI that they really did not plan to cable yard that area, but resisted both amending the map and flagging the area as off-limits on the ground. When I brought this up again during second review, both Rich Sampson and Geoff Holmes supported my position that the mapping needs to be revised and the rules require flagging.

Now waiting for round three.

6. Proposed Legislation

This is just a heads-up for things to come. There is talk of reviving the Heritage Tree Act (which would have protected old growth trees more than 150 years old), but with a twist. Proponents are considering granting an exemption for Forest Stewardship Council (FSC) certified landowners. I’m not sure why we are still trying to cut deals to allow for harvest of these irreplaceable giants.

And elsewhere, there is talk of extending the life of a THP to 10 years from the current 3 (which can be extended to 5), if landowners use uneven-age management. 

Will have to wait (and try and stop them) to see if either of these grow wings and find legislative sponsors.

7. Board of Forestry-CLFA Streamlining Rules Improve Slightly

In the meantime, the California Licensed Forester’s Association continues to push forward its ‘streamlining’ rules. Basically, these would weaken the Thre atened or Impaired Watershed Rules.  As currently accepted by the BoF Resource Protection Committee, these rules would allow for sample marking of the WLPZ trees before the PHI, instead of the current full marking.  (The proposal to no longer map Class III watercourse crossings has been dropped.) Under industry’s proposal the T&I Rules would no-longer apply to Class I reaches above fish passage barriers.  However, a paragraph was inserted into the latest version of the proposed rule package that would require CDF ("shall") to incorporate certain additional specific protection measures when requested in writing by a member of the review team. Will have to wait and see what the revised language actually looks like.  I believe the item will go out for a 15-day notice and be heard by the BoF in February.

December 21, 2005
From the NAIL (Neighbors Against Irresponsible Logging) Steering Committee

San Jose Water Company Withdraws 1000 acre NTMP

Los Gatos residents feel they've received an early holiday present upon hearing news that under the recommendation of the California Department of Forestry, the San Jose Water Company has withdrawn their plan to log the Los Gatos Creek watershed.  SJWC’s proposal has united the community in opposition.  Hundreds of citizens attended community meetings over the past few months. Over 2,000 signatures have been collected opposing the plan. Thousands of dollars have been raised to fight it. Residents are heartened by the fact that their voices have been heard.

The withdrawal reinforces the position held by Neighbors Against Irresponsible Logging (NAIL) that the plan to log the watershed was deeply flawed from the very beginning. It was a bad idea that was poorly executed. Logging a healthy forest, in a watershed, adjacent to thousands of residents was and always will be a bad idea.

The issues of logging in the Los Gatos Creek watershed remain: Increased fire danger, threats to drinking water, harm to residents’ quality of life and harm to the safety and value of their property. NAIL, and the thousands of residents which NAIL represents, will continue to oppose any plan to log the healthy forest that protects our water quality. We'll continue to fight to provide our watershed the same protection afforded to watersheds for the cities of San Francisco, Santa Cruz, Seattle WA, Portland OR., Marin County and the East Bay Municipal Utility District (EBMUD). All these locations prohibit logging in their watersheds while protecting water quality and maintaining fire protection. 

Residents are asking that this watershed be afforded similar protection. We urge the San Jose Water Company to seek a solution that protects the watershed while prohibiting logging.

For November 2005

1. Lompico THP Public Hearing 
2. San Jose Water Company NTMP accepted for filing
3. RMC latest San Vicente Creek THP accepted for filing
4. Soquel Demonstration State Forest plan is back
5. CDF approves RE minor amendments for WLPZ Winter Operations
6. HRHF Conference a success

1. Lompico THP Public Hearing 

CDF held the public hearing for the latest reincarnation of the Redwood Empire Lompico THP1-05-158 (Islandia) on November 2 at the Zayante Fire Station.  Approximately 250 people filled the meeting room.  The hearing was conducted by CDF Unit Chief in charge of the Felton CDF unit, John Ferreira.  Mark Stone, 5th District Supervisor was present as was Donna Bradford, County Planner who reviews THPs, along with her boss, John Ricker, Environmental Health.  CDF members were also present in full force.  In addition to Chief Ferreira was Rich Sampson, John Martinez, Angela Peterson, Thom Sutfin and Ed Orre. Nancy Drinkard was also present as was RE RPF, Peter Twight. 

Approximately 50 people spoke and RE RPF Dave Van Lennep was then given the opportunity to respond to public comments. The crowd got a little lively with some heckling and lots of questions for Mr. Van Lennep, but the reasonable folks of Lompico did not cause any of the anticipated trouble that CDF has often fears from the ‘public’.

2. San Jose Water Company NTMP accepted for filing

The 1002 acre NTMP (1-05NTMP-022SCL) prepared by Matt Dias of Big Creek Lumber for San Jose Water, a private water company which provides water for one million people in Santa Clara County, was accepted for filing by CDF on October 28.  First Review of the plan produced 11 pages of questions by CDF.  Question number one asks whether SJW qualifies to submit an NTMP as they own over 6000 acres.  A timberland owner does not qualify if he/she owns 2500 acres of timberland or more.  Clearly CDF is jumping the gun by involving the various agency staff time reviewing a plan which may not actually be legally allowed.

Neighbor concerns include potential for increased fire hazard, increased erosion and activation of existing landslides below their mountain homes, as well as increased sediment input into their water supply. Operations are proposed on active landslides just hundreds of feet downslope of local residences.  More than 100 homes are situated within 300’ of this plan boundary.  The NTMP runs the length of most of Los Gatos Creek, which is also the location of the San Andreas Fault. The plan includes tractor yarding, cable yarding and the use of helicopters with helicopter pads outside of the plan boundary and adjacent to neighbor homes.

3. RMC latest San Vicente Creek THP accepted for filing

Gary Paul was successful on his second attempt to get THP 1-05-187 along San Vicente Creek accepted for filing.  This 580 acre plan is just one more in a continuous series of timber operations in the watersupply watershed for the town of Davenport.

Considering that RMC has recently been logging along the main stem along the north side while Redtree has been cutting the south side, to the collective tune of approximately 1000 acres, the issue of cumulative impacts seems to loom large. 

Never mind that the town of Davenport has been under a "Boil Water Order" since May of this year.  Their filtration system can’t handle the sediment inputs, we are told, because the system is too old. I don’t suppose quantity of sediment has any impact. The major significant land use above the intakes is logging.  Yes, there are a handful of homes in the uppermost reaches of the watershed that have septic systems that could impact the creek. Keep an eye on this one.

On a positive note, the failing PGE culvert crossing of San Vicente Creek was removed by RMC during their most recent harvest in that area.

4. Soquel Demonstration State Forest plan is back

The SDSF plan (THP 1-04-046) was on hold for nearly a year while CDF prepared an Option A Plan which discusses the timber resources on the States timberlands.  We have not had the opportunity to review the new documents, but presume that the plan still includes felling one beautiful, old growth tree in the middle of the forest.  SDSF foresters have deemed that this tree will be a safety hazard since they can’t seem to find any other location to construct a lengthy haul road, other than adjacent to this ancient tree.  We believe that SDSF is mandated to ‘protect’ the old growth in their forest and cutting a tree, even if it is to be left on the ground as large wood (which is the intent), does not qualify as protection. 

5. CDF approves RE minor amendments for WLPZ Winter Operations

Jim Hildreth, RPF for Redwood Empire, has submitted four ‘minor’ amendments to allow for felling trees within the WLPZ during the winter period on four different timber harvest plans. These are: 1-05-108 (Swaminathan) Corralitos Creek, 1-05-126 (Wilson/Mattos) Corralitos Creek, 1-05-138 (Holland) Valencia Creek, 1-05-159 (Whalebone) Bear Creek,   While the definition of ‘Substantial Deviations’ (which require full review) clearly includes changes in Winter Ops and changes in WLPZ activities, CDF has approved these four as minor amendments, with no review whatsoever.  Hildreth complains that the review process took too long and now they need to be able to conduct ops in these streamside zones during the winter months.

This is not the first time recently or in the past that CDF has stretched the minor amendment rule to allow for such practices as extending winter operations indefinitely, adding 2000’ of new roads, changing from helicopter to tractor yarding, and allowing additional activities (tree felling and road construction) within the WLPZ.

6. HRHF Conference a success

The Healthy Rivers, Happy Fish Watershed Conference, October 29-30, was a success.  The weather was good, the lunches provided by New Leaf Market in Felton were excellent, as were the various presenters from Santa Cruz and elsewhere in northern California. Approximately 80 people attended Saturday’s dynamic sessions and more than 20 people made it into the field for Sunday’s site visits to Queseria and Little Creeks on Swanton Pacific Ranch and to San Vicente Creek on Coast Dairies.

Attendees included representatives of a variety of local, state and national agencies, local registered professional foresters, students from CSUMB, San Jose State, UCSC and Cal Poly, members of a wide variety of environmental organizations, members of citizen watershed groups from Mill Valley to Carmel, and residents along a number of Santa Cruz county rivers and streams.

A DVD set of the complete conference proceedings will be available for $25.  We are currently accepting advance orders. You will be notified when the DVDs are available and can send in payment at that time. To place an order, phone 831-426-1697 or email: JodiFredi@aol.com. Segments will air on EcoReview, CH27, Community TV.

For October, 2005
It's been a busy month! THPs as far as the eye can see…..

1. Redwood Empire Ramsey THP-207
2. Redwood Empire Gamecock Grading Permit
3. San Jose Water Company NTMP
4. Redwood Empire Lompico (Islandia) THP
5. RMC new San Vicente Creek THP
6. EcoReview-Tuesdays 6:00pm - SJW NTMP, Felton Flow, Healthy Rivers Conference
7. Healthy Rivers Conference coming up!
8. Local Coho Update
9. CDF new Website

1. Redwood Empire Ramsey THP-207

This is a Peter Twight plan which has been in the CDF hopper for months and months. This is the plan that wouldn't go away.  First, Twight "forgot" to submit his geologist's (Coyle's) report to CDF, though he gave a copy of it to the California Geological Society (CGS) review team member on the Pre-Harvest Inspection.  This became particularly significant because there were inner gorge areas and slides along the creek that were only mapped in Coyle's report, but not on the THP maps. This meant that the other review team members were unaware that these features existed. They did not see the Coyle report

Ultimately the report was submitted, but the 'wrong' version first, then another PHI took place. Next CDF and others had concerns that the WLPZ was marked so heavily that any residual damage would leave too few trees. So a third PHI took place to recheck the mark.  Then DFG filed a non-concurrence because too many of the largest trees were marked to be cut. And the county filed two non-concurrences on issues such as the 'high-grading' in the WLPZ and the November 30 Winter Operations cut-off date (October 15 is the Winter Ops date for Santa Cruz).

DFG managed to get agreement from RE RPF Garvey (Twight refused to agree) to remark the WLPZ leaving more of the largest trees and allowing DFG to review the mark before harvest. But CDF wrote off the County's other concerns in an eight page response.

There was also some major monkey-business regarding the Close of Public Comment date. CDF Santa Rosa seems to think it is 10 days after the Review Team meeting regardless of the info that comes in after that date.  Such as the non-concurrence of DFG and RE's response.  Plus CDF 'forgot' to send the RT Recommendations and the RPF's response to the County until the County asked where they were. By the time I found out, the Close of Comment was officially closed.  However, since additional info had come in after that date and my response was just 10 days after the last RPF response, I submitted comments anyway.  So much for a clear and transparent public process.

2. Redwood Empire Gamecock Grading Permit

This one is worse.  RE has been trying to get their latest Gamecock THP (1-03-124) approved since 2003, but have not had legal access to Summit Road (déjà vu). Or at least they did not until September 2, 2005.

First RE (Twight) submitted the plan without including the name of the Kim Sun Monastery as property owner for the parcel over which RE  planned to construct their haul road to Summit Road. So the plan was re-submitted. But then Twight 'forgot' to include the parcel number and zoning (RA) and also neglected to include the parcel at all on the Notice of Intent map.

When the RA zoning came to light, the County wrote a letter stating that the RA parcel could not be included in the THP.

So RE came back with attempt #3 and applied to the County for a grading permit, while the RA parcel was deleted from the THP.  The County was on the verge of issuing the permit (I was told their zoning did not prohibit hauling of logs over RA land), until I submitted a memo reminding the County that this was about constructing a road, not hauling logs.  Under the FPRs, constructing haul roads is part of the conduct of timber operations and the courts have determined that counties cannot regulate conduct.  So the County ran it by County Counsel and then wrote RE a letter denying their grading permit.

Not to be deterred, RE came back with a new grading permit application to build a road across the monastery land to access and be able to construct two fire breaks.  The one on RE's land is included in their THP which is still under review with CDF. The other fire break parallels the road on one side and the monastery parking lot on the other. Not sure what is to be protected, but several Santa Cruz Manzanita a species of special concern will be removed to construct the road.

These are the bare bones details, but the County overlooked red-tags and a host of other problems and issued the grading permit anyway.  My understanding is that the road is already under construction (or even done), but after some research in county files, I wrote a 6 page letter to Supervisor Pirie explaining the situation and asking that the County halt all construction and use and require a minor lot line adjustment first and condition the road so it cannot be used for hauling logs.  RE can helicopter them to elsewhere on their land and haul out from below.

I'm sure Supervisor Pirie would love to hear from you encouraging her to put a stop to this madness: 831-454-2200 or ellen.pirie@co.santa-cruz.ca.gov

3. San Jose Water Company NTMP - Los Gatos Creek

Over the hill above the Lexington Reservoir, San Jose Water Company (SJW) in conjunction with Big Creek Lumber has plans to submit a 1000 acre NTMP running the length of Los Gatos Creek above the reservoir.  The neighbors are up in arms and have organized under the name of NAIL or Neighbors Against Irresponsible Logging.  They have a web page on the Mountain Resource Group (MRG) website: www.mountainresource.org

Two community meetings have been hosted by NAIL to date, educating the community about the problems the NTMP will pose to water quality, increased fire hazard, wildlife and more. Their efforts have been successful so far since SJW has held off submitting the NTMP (first submission date was September 10) and they are apparently updating the NTMP to include a fire prevention plan.

SJW and Big Creek tried to sell the neighbors on the harvest-in-perpetuity (18 years to complete the 1000 acres first time through) saying it would reduce fire.  When told that the largest trees would be harvested and the brush and dead SOD oaks would be left behind, the neighbors got indignant.  They lived through the 1985 Lexington fire and know better. Now SJW is saying they need the money to build and improve roads for fire access.

NAIL is currently soliciting donations and offers of help.  They have put together a pro-bono legal team, map guru Rebecca Moore has created amazing maps showing where the harvest will take place (check out the MRG site), and an outstanding steering committee has coalesced with a wealth of talent and knowledge.

Lupin Naturist Center will be hosting a fully-clothed fundraising event at their site near the Summit, October 16.  Check out the MRG/NAIL website for full details.

4. Redwood Empire Lompico (Islandia) THP

The Islandia THP has returned apparently not significantly changed from the previous version which was ultimately shot down by the Board of Forestry.  The PHI is scheduled for October 13 and according to Lompico Watershed Conservancy, the Public Hearing is tentatively set for November 2. 

"The Public Hearing is tentatively scheduled for 7:00 PM November 2nd at the Zayante Fire House on Zayante Rd. in Felton across from the Trout Farm Inn. The street address is 7701 East Zayante Rd.  The Public Hearing is very important in a case like this logging plan which was first submitted in 2001 as THP 1-01-170 SCR.   Everyone interested in this case can make their concerns known to CDF. Please come, this hearing is very important.  Bring you friends and neighbors.  It will not be boring!"

However, I stopped by CDF last week and as the PH was not listed on the board I asked and was told that no date had been set yet.

For more info, contact Kevin Collins: 335-4196

5. RMC new San Vicente Creek THP

RMC/CEMEX submitted a new THP for 580 acres along a tributary to San Vicente Creek.  The plan was returned by CDF and has not been resubmitted yet.  Considering that RMC has recently been logging along the main stem on the north side while Redtree has been cutting the south side, to the collective tune of approximately 1000 acres, the issue of cumulative impacts seems to loom large. 

Never mind that the town of Davenport has been under a "Boil Water Order" since May of this year.  Their filtration system can't handle the sediment inputs, we are told, because the system is too old. I don't suppose quantity of sediment has any impact. And the only significant land use above the intakes is logging.  Keep an eye on this one.

6. EcoReview-Tuesdays 6:00pm - SJW NTMP, Felton Flow, Healthy Rivers Conference

CRFM's Tom Harvey hosts an hour long TV program on Community Access TV CH 27 each Tuesday from 6-7 pm.  I joined Tom on September 27 talking about the San Jose Water NTMP and our Healthy Rivers, Happy Fish Watershed Conference.  Jim Mosher, an attorney from Felton FLOW was also on the program filling in viewers on the latest efforts of FLOW to purchase their water system from multi-national conglomerate, RWE, parent company of CalAm.  If you missed the program it will be aired again Tuesday evenings at 6 through October 18.

7. Healthy Rivers Conference coming up! October 29-30

Don't forget to register for the two day Healthy Rivers, Happy Fish watershed conference October 29-30.  We'll have some wonderful speakers presenting on a variety of issues regarding stream health for fish (and water quality), from bugs to sediment to large wood and much more. On Sunday there will be two hikes up north coast streams not usually open to the public to see first hand Cal Poly's monitoring stations on Little Creek and to check out large wood installations the County put into San Vicente Creek several years back.  Registration is just $15 for one day including a box lunch.  Fee for both days is only $25 and includes lunch each day.  Program and registration forms are available at: www.crfm.org.  We still have display space available for groups on related topics.  Contact me, if you are interested: JodiFredi@aol.com

8. Local Coho Update

Recently Sean Hayes of NOAA Fisheries gave an informal presentation of his efforts to study coho ecology and assist in the coho hatchery program being conducted by NOAA Fisheries, in conjunction with the Monterey Bay Salmon and Trout Hatchery. Hayes was guest speaker for the Friends of Soquel Creek.  Using brood stock from Scott Creek, over 37,000 smolts were released in 2003 in Pescadero. Waddell, Scott and Aptos Creeks.  In 2005 coho were found in Pescadero, Gazos, Waddell, Scott, San Vicente, Laguna and Bean Creeks. Hayes says while samples have been taken from fish in each of the streams, studies have not yet been conducted to see if these fish are from the hatchery plants or from wild stocks.  And at this point, he says they don't care.  They are just pleased to see coho in so many of our local streams.

The coho that are released from the hatchery are all implanted with PIT tags (ID) and so far NOAA Fisheries is seeing about a 3% return rate.

9. CDF new Website

CDF has a new ftp website up and coming.  It is not in full operation just yet, but the plan is that CDF will post all new THPs and related documents.  Finally, the public should be able to have access.  It is not clear yet how timely postings will be, and it will mean that we have to download rather massive THPs, but at least one can do so from the comfort of your home or office.   This is an FTP site (file transfer protocol) not a regular internet site  ftp://thp.fire.ca.gov/THPLibrary/  So far it is not terribly user friendly, but maybe that will change over time.

For September 2005

1. Coho Confab 
2. Lompico THP 
3. Ramsey 4 THP 
4. San Jose Water Company NTMP 
5. Sierra Nevada Anti-Clearcut Campaign 
6. Lawsuit Against Fish and Game Commission re coho listing 
7. Healthy Rivers, Happy Fish Watershed Conference, Oct 29-30 

1. Coho Confab 

In August I had the opportunity to attend the annual Coho confab held this 
year at Wolf Creek Education Center in Redwood National Park, Humboldt County. 
It was a wonderful gathering of salmon-friendly folk, sponsored by the Trees 
Foundation and the Salmonid Restoration Federation.  The educational weekend 
included a wide range of workshops covering such topics as Restoration Issues 
and Opportunities in Redwood Creek Estuary, Natural History and Underwater 
Exploration of salmon populations (snorkeling with salmon), Tracking Herptafauna 
(tailed frogs and Pacific Giant Salamanders), and Field Collection and 
Identification of Macroinvertebrates. 

I found the Upslope, Riparian and Instream Restoration in the lower Klamath 
sub-basin particularly valuable. What was a morning workshop/field trip could 
easily have been a day-long one.  Members of the Yurok tribe and their 
fisheries biologist led a tour of road-decommissioning sites on lands of Green Diamond 
Timber within the Yurok reservation. Much of the reservation lands are 
privately owned, perhaps as high as 85% and most of that is owned by timber 
companies.  The Yurok have received permission to decommission mid-slope roads, and 
conduct riparian and instream restoration projects, using grant monies and lots 
of hard work. 

The Yurok also prepared our Saturday evening Klamath salmon dinner main 
course in the traditional tribal manner.  Fresh filets were skewered on redwood 
stakes and set around an oak fire to sizzle and cook.  Seasoned with salt and 
pepper and a lot of care, this fish was the best I've ever eaten. 

Plan to attend next year's Confab.  For more info go to www.calsalmon.org or 
www.treesfoundation.org/cohoconfab 

2. Lompico THP 1-05-158 SCR 

The Lompico THP for the 'Islandia' property of Redwood Empire has, like the 
Phoenix, risen from the flames.  In its second incarnation, the THP is back 
before CDF.  The original plan was finally denied last year by the Board of 
Forestry after an appeal by the County of Santa Cruz. Apparently Redwood Empire 
believes they have fixed their fatal flaws so have resubmitted the 200+ acre plan 
to CDF.  The THP was accepted for filing on September 1, 2005, which starts 
the clock ticking. CDF is supposed to schedule a Pre-Harvest Inspection (PHI) 
for all agency personnel within 10 days.  After that comes the Public Hearing, 
then the Review Team meeting.  For more info on this plan, what you can do and 
when the public hearing will take place, contact Kevin Collins, Lompico 
Watershed Conservancy at 335-4196, or CDF Felton Resource Management office at 
335-6740. 

3. Ramsey 4 THP 

THP 1-04-207 SCR for the lands of Redwood Empire continues to flounder and 
take up precious agency resources. The umpteenth 'second' Review Team meeting 
took place in the Santa Rosa and Felton CDF offices via conference line on 
September 1. This plan has been fraught with problems from day 1: the geologists 
report was not submitted with the THP and only made available to CGS on the PHI. 
The inner gorge area and WLPZ slides identified in the report, but not on the 
plan map, were thus not reviewed by CDF, DFG, RWQCB or the County. The 
'wrong' geologist report was finally submitted later replaced by the amended report- 
just one of multiple 'confusing' issues surrounding this plan. Not for the 
feint of heart. The forester, Peter Twight, continues to object to 
recommendations by DFG and the County.  The county has already non-concurred on the plan, 
and DFG plans to.  Hopefully, the County will appeal this harvest if Twight 
doesn't change his mind and accept the reasonable proposed mitigations. 

Problems exist around the winter cut-off date (Santa Cruz rules state October 
15 (a number of local plans have stretched the date to Nov 15), but Twight 
wants the winter cutoff at November 30. The County non-concurred on this issue 
in January 2005. 

Additionally, the County and DFG are concerned that the largest trees are 
marked for cut. Concerns about bird surveys exist as do concerns by CDF and 
others that the 'mark' in the WLPZ allows no wiggle room.  If trees are damaged 
during falling, the remaining canopy may be below allowable levels.  Since RE and 
Twight were responsible for the severe over-cutting of more than 1500' of 
WLPZ in Gamecock Canyon, such concerns are not unwarranted. 

4. San Jose Water Company NTMP - Sept 11 Informational Meeting 

The San Jose Water Company (SJWC) with the help of Big Creek Lumber plans to 
submit an NTMP for 1000 acres of their 54,000 acre watershed lands along Los 
Gatos Creek within the next week or so. The land abuts the Sierra Azul and Bear 
Creek Redwood Estates properties of Mid-peninsula Open Space District to the 
north and 4000 homes of some 10,000 mountain residents to the south.  SJWC 
provides water services for some 200,000 customers.  Los Gatos Creek flows into 
Lexington Reservoir, impoundment for the Santa Clara Valley Water District. 

Big Creek has stated that they are planning 9 units to be harvested every 
other year.  The first round for the 1000 acres would be completed in 18 years. 
Then they could commence from the beginning all over again.  This has the 
neighbors up in arms.  Concerned about such issues as quality of life, water 
quality, increased fire hazard, impacts to wildlife and to local narrow roads, the 
neighbors have come together forming an ad hoc group known as Neighbors 
Against Irresponsible Logging (NAIL).  The steering committee has been meeting since 
some of the residents learned about the proposed on-going harvest at a 
meeting convened by SJWC.  Only those whose property is within 300' of the proposed 
harvest boundary were invited to attend the courtesy informational meeting the 
end of July. 

Residents were told at that time that the harvest was to be conducted to 
reduce fire hazard as required by SJWC's Sanitary Survey.  When questioned 
further, Big Creek said they planned to harvest trees over 18" dbh, but would not be 
'managing' the brush or dead oaks (SOD diseased trees).  There was discussion 
of preventing crown fires.  The good neighbors, relying on commonsense and 
personal experience, did not buy the story. 

San Jose Water Co. Profile: 

Tapping into a number of water sources, San Jose Water, the primary 
subsidiary of SJW, provides water utility services to approximately 220,000 customers 
(about 1 million people) in California's Santa Clara County. To obtain its 
water supply, San Jose Water taps wells and surface sources and buys water from 
the Santa Clara Valley Water District. It also collects local mountain surface 
water from the watershed in the Santa Cruz Mountains, which is then treated 
at San Jose Water's two treatment plants. This local surface water accounts for 
10% of the water utility's total supply. San Jose Water also offers water 
audits and conservation devices (such as low-flow showerheads and faucet 
aerators). 

A public meeting is currently scheduled for Sunday, September 11th, at 
Lexington School, 19700 Old Santa Cruz Highway, at 12:00 PM. 

5. Sierra Nevada Anti-Clearcut Campaign 

Another campaign to halt or at least slow the rate of clear-cutting in the 
Sierra Nevada has gotten underway.  Folks from the Sierra Club (various 
chapters) and Ebbetts Pass Forest Watch have been discussing a plan and strategy for 
success.  Past efforts to stop clear-cutting through legislation have failed. 
Barry Boulton of EPFW and I recently met with Fred Keeley to get input and 
learn from his frustrated efforts while in the state Assembly to get a temporary 
moratorium on clear-cutting.  The first step in the multi-phase campaign will 
be to get new faces before the Board of Forestry to let the Board know that 
citizens are opposed to the ambitious plans of Sierra Pacific Industry (SPI) to 
clearcut over 1 million acres in the Sierra. The checker board of clearcuts is 
already significant. The next BoF meeting will take place in Tahoe September 
15. 

6. Lawsuit Against Fish and Game Commission re coho listing 

A coaltion of landonwers including forest landowners, ranchers, farmers and 
the California Chamber of Commerce filed a lawsuit in June 2005 to overturn the 
decision of the state Fish and Game Commission to list coho salmon as 
endangered along the California Central Coast and as threatened along the northern 
Californa Coast to the Oregon border. 

"This action was an effort by one state agency to seize power from another 
agency over who can approve timber harevst permits.  Private land managers are 
caught in the middle," said Bishchel.  Dave Bishchel is the president of the 
California Forest Association. 

To read the full press release go to: www.foresthealth.org/pdf/CohoPressRelease.pdf

7. Healthy Rivers, Happy Fish Watershed Conference, Oct 29-30 

The conference is coming together and we are quite pleased to offer an 
outstanding line-up of presenters covering a wide range of topics from chronic 
turbidity to the importance of bugs in our streams.  Saturday will see nine 
presenters covering topics of interest regarding the needs of fish. Sunday will 
include two field trips to Little Creek and San Vicente Creek along our north 
coast.  We will be looking at and learning about Cal Poly's sediment and turbidity 
monitoring stations along Little Creek on Swanton Pacific Ranch and we'll look 
at a number of large wood installations that were put into San Vicente Creek 
a few years ago by Santa Cruz County to improve fish habitat. Local 
organizations are being invited to put up displays around the edge of the conference 
room.  Please see attached flyer and keep your eyes peeled for a schedule to be 
emailed shortly complete with registration form. If your group would like to 
have a display, please contact me at JodiFredi@aol.com 

1. Central Coast Timber Waivers 
2. New Board of Forestry Appointee 
3. BoF-CLFA 'Streamlining' Rule Package 
4. BoF-Proposed legislation 
5. BoF-Fire, fire 
6. New THPs 
7. Healthy Watershed Conference, October 29 - 30

1. Central Coast Timber Waivers 

You win some, you lose some.  We did both. 

On July 8 the Central Coast Regional Water Quality Control Board (waterboard) held a hearing on the proposed general waiver of waste discharge requirements for timber harvests (Waiver), including the Eligibility Criteria (EC) and Monitoring and Reporting Program (MRP).  The hearing was combined with a hearing on the Initial Study and Negative Declaration under which the Waiver was ultimately approved. 

The waterboard approved the Initial Study and the Waiver with some changes. 

Some were improvements and some were not. 

SUCCESSES: 

1. The Eligibility Criteria (EC) were established as a ‘back-stop’ or a minimum bar for determing the level of monitoring required.  (Just prior to the hearing, staff had decided that the EC would be one criteria only and the Executive Officer would have ultimate discretion to determine the level of monitoring for any THP.) 

2. If Winter Ops include use of heavy equipment off of all weather roads, water quality monitoring will be required. 

3. When a Major/Minor amendment to a plan is submitted to CDF, it must be submitted concurrently to waterboard staff. 

4. The time horizon for the Cumulative Effects Ration (part of the EC) was raised from 10 years to 15. 

LOSSES: 

1. Critical language that would have required resolution of a non-concurrence by any agency during THP review before issuance of a waiver was deleted. (At the request of Big Creek Lumber.) 

2. Language requiring mapping of all skid trails in the THP was deleted at the request of industry. 

The hearing process itself was extremely disagreeable.  The waterboard staff sent out 75 pages of documents (revised Initial Study, revised Waiver and 49 pages of response to comments) at 6:00pm Friday of July 4 weekend.  That gave us exactly three working days to review these documents and prepare our responses. 

Kevin Collins, Bojana Morganthaler, Dennis Jackson and I drove to SLO for the hearing with an anticipated start time of 11:00am.  After listening for hours to two landowners who were ultimately fined $100,000 each for egregious sediment discharges from their respective properties in SLO county, the timber waiver hearing started at 6:00pm.  The board did not break for dinner and, bleary-eyed, made their decision just prior to 10:00pm. 

While the Board seemed adamant that the most important use of staff time was to do site visits, no language requiring staff participation in the PHI or any other THP review was included in the waiver. The following Monday, two PHIs occurred for new THPs and waterboard staff was nowhere to be seen. 

2. New Board of Forestry Appointee 

Well, the Governator has outdone himself.  Drinkard is gone, but her replacement, Ron Nehring, is nothing to be pleased about.  His ‘experience’ consists of nearly losing his house to the recent El Cajon fire (outside of San Diego).  Senator Perata needs to hear from us.  If you haven’t written a letter to him yet, asking that the Senate Rules Committee NOT confirm Nehring, read on. 

The official press release from the Governor's office states: 

>> Ronald Nehring, 35, of El Cajon, has been appointed to the State Board 
>> of Forestry and Fire Protection. He has served as senior consultant 
>> for Americans for Tax Reform since 1998 and is currently a member of 
>> the Governing Board for Grossmont Union High School District. Nehring
>> is also the vice-chairman of the California Republican Party. He was 
>> previously director of development and public affairs for the National 
>> Center for Public Policy Research. This position requires Senate 
>> confirmation and the compensation is $100 per diem. Nehring is a 
>> Republican.

The Board of Forestry and Fire Protection develops rules to implement fire legislation as well as forestry fuel hazard reduction rule packages, but the Public Resources Code is clear on qualifications for Board members: While Nehring’s seat-of-the-pants trial-by-fire may be useful, it does not meet the intent of the law. 

CALIFORNIA CODES PUBLIC RESOURCES CODE SECTION 731. 
All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including hydrology and soil science), forest management practices, fish and wildlife, range management, forest economics, or land use planning. 

Please send a letter asking that Nehring not be confirmed. 

Send letters to: 

The Honorable Don Perata 
Chair, Senate Rules Committee 
State Capitol, Room 205 
Sacramento, CA 95814 

Keep your comments brief and focused on the fact that Mr. Nehring is not qualified for the position, as required under Section 731 of the Public Resources Code of California. 

I would appreciate copies of all letters sent. 

3. BoF-CLFA 'Streamlining' Rule Package steam rolls ahead 

The California Licensed Forester’s Association (CLFA) has put forward a rule proposal which was heard in committee at the Board of Forestry in San Bernardino last month and in Quincy this month. (I wrote in detail about package in June.) The proposed rule changes will weaken the Threatened and Impaired Watershed Rules.  These rules limit the amount of harvesting that can take place adjacent to 303(d) listed watersheds (impaired) and those that are home to listed coho salmon and steelhead trout. They also provide restrictions on skid trail placement and require full flagging and tree marking within the WLPZ. 

CDF has worked with CLFA on this package, though they are not in agreement with all of industries recommended changes.  Billed as a ‘streamlining’ proposal, the rule package would gut important provisions of the Threatened and Impaired watershed protections. 

The package will be heard in committee again next month when the Board meets in San Luis Obispo.  Paul Mason, Sierra Club California chastised the committee for not including all stakeholders in a sub-committee to work on the package.  Industry Rep and Board member Gary Rynearsen said the committee meetings were the place for public input.  I complained that San Bernardino and Quincy were not convenient locations for public input and that the title would not alert anyone perusing the Board’s agenda on their website. 

When I raised my hand to make additional comments, Gary declared that the committee would now move on to the next item.  I reminded him that he had just told us this was our opportunity to give input and he allowed me to speak. 

Unfortunately, DFG is not taking as strong a position against some of the provisions as one would hope. 

4. BoF-Proposed legislation 

Bills to numerous to mention were discussed in committee.  Several pertained to fire management.  One of interest re THPs: 

SB744 (Kuehl) would require plan submitters to make THPs (and NTMPs) available on the internet (e-filing).  Details are still being sorted out. CDF is currently working on a pilot program to make info available online. 

5. BoF - Fire, fire! 

Collins-Pine Field Trip-The Board took a field trip to the lands of Collins-Pine outside of Chester.  This family owned company has been in business since 1941 and manages 94,000 acres of forest land.  We saw some of their fuel hazard reduction plots, observed trees marked for harvest plus an old growth stand that had been treated for fire-thinning of only small trees and brush followed by controlled burning.  Looked pretty good. We had lunch alongside a beaver pond on Deer Creek.  C-P fenced cattle out of the creek, which allowed the willows to regrow, which brought the beavers back.  Their dam raised the water table, keeping the pastures greener longer, providing more feed for the neighbors’ cattle.  If SPI would follow Collins-Pines lead, the Sierra Nevada would be in far better shape. 

We also saw an extensive presentation to the full Board by the Plumas Fire Safe Council on Fuel Hazard Reduction Emergency Exemptions they have completed.  The pine forests are a conflagration waiting to happen.  Previous logging has allowed the forests to become acre after acre of matchstick thickets.  Fuel management seems necessary, however, industry and the Fire Safe Council want to make money ‘fixing’ the mess under exemptions (basically no oversight).  The Fire Safe folks requested that the Board consider not requiring RPFs to draw up their exemptions and allow for cutting of trees greater than 30" stump diameter. 

6. New THPs 

Lompico is back.  It goes to first review July 28.  The 202 acre plan by Redwood Empire is THP1-05-158.  Once accepted for filing (if it passes first review), a PHI will be scheduled within 10 days. Please plan to fight this one again. Expect to hear more on this one from Kevin. 

There is also a 12 acre plan on Green Valley Creek scheduled for first review the same day: THP1-05-153.  There’s also an NTMP on Browns Creek under review and a new THP on Eureka Canyon. 

7. Healthy Watershed Conference, October 29 - 30 

Just a reminder that the conference will be quite informative so please mark your calendar now. Presentations will include impacts of chronic turbidity on fish, importance of large wood in streams, problems with fish passage barriers, KRIS mapping project, local fish population studies, and much more. Day two will consist of field trips in areas not generally open to the public.  Keep tuned for more info. 

WE DID IT! The efforts of CRFM, aided by a host of concerned citizens, other environmental organizations, scientists, plus agency personnel and politicians bore fruit when Senator Don Perata, Chair of the Senate Rules Committee, announced June 17, 2005 that he would not hold a confirmation hearing for Nancy Drinkard, Governor Schwarzenegger’s appointee to a public seat on the Board of Forestry. 

Ms. Drinkard was openly hostile to the public and members of various reviewing agencies during her twenty year tenure with the California Department of Forestry and Fire Protection.  Responsible for overseeing timber harvest review in the Santa Cruz Mountains, Drinkard obstructed public participation while aiding and abetting the timber industry in harvesting, sometimes outside the law. 

Numerous violations occurred during her watch, though almost none were ever prosecuted.  In fact, Drinkard refused to issue violations (effectively a slap on the hand) for illegal activities such as over-cutting in the riparian corridor of streams. She also pushed to have amendments to timber harvest plans approved without public or agency review.  Some of those, such as upgrading a skid trail to a haul road, caused serious environmental damage.  Such an amendment along King’s Creek resulted in a serious debris and sediment discharge into the creek which damaged the County bridge downstream. 

Drinkard was simply the wrong person to represent the public interest.  This was underscored by her overwhelming support from the timber industry. 

Thanks, 
Jodi

Forestry nominee blocked
Senate Democrats say the governor tried an end run on her appointment. 
By Kevin Yamamura—Bee Capitol Bureau 
Published 2:15 am PDT Saturday, June 18, 2005 

State Senate leader Don Perata on Friday scuttled Gov. Arnold Schwarzenegger’s controversial nominee to the Board of Forestry and Fire Protection and blamed the Republican governor for being deceptive during the appointment process. 

Nancy Drinkard, a retired state forester accused by environmentalists of being too industry-friendly, was approaching a July 8 deadline for Senate confirmation when Senate President Pro Tem Perata blocked her appointment. Senate leaders did not give the Drinkard nomination a hearing. 

While Drinkard faced long odds because of environmentalist objections, Perata and other Senate Democrats suggested they were more upset with what they considered Schwarzenegger’s attempt to hide the appointment last summer to prevent former Senate President Pro Tem John Burton from dismissing it. Burton wanted to decrease the industry’s influence on the board during his Senate leadership. 

"The appointment was made in a deceptive manner that violates the integrity of the process and does not warrant a hearing," said Alicia Dlugosh, a spokeswoman for Perata, D-Oakland. "The fact that there is such strong opposition to her appointment that she could not win confirmation is secondary. Had she been appointed in an appropriate manner, it would be a different story." 

Drinkard, 61, worked 25 years for the California Department of Forestry and Fire Protection, including 21 years regulating timber operations in the Santa Cruz Mountains. A registered Democrat, Drinkard said she had been a card-carrying member of the Sierra Club for more than two decades since arriving in California from Detroit in 1968. 

"This whole process has just been a mystery," Drinkard said. "I’m not a political person. I volunteered because I care deeply about our forests. I always have and always will." 

But environmentalists based in the Santa Cruz region said Drinkard often aligned with the timber industry when making enforcement decisions and resisted public input. They are particularly concerned because she was tabbed for one of five public seats on the forestry board - seats they feel should offset those who serve on behalf of the timber industry. 

"I’m delighted to see common sense prevail," said Jodi Frediani, executive director of Citizens for Responsible Forest Management in Santa Cruz. "Of all the people who should not be sitting on a public seat, Nancy Drinkard was one.  She repeatedly tried to obstruct public participation in the timber review process." 

The governor appointed Drinkard to the forestry board last June and contacted Burton on July 9 to seek his opinion, Dlugosh said. Senate Democrats were unaware at the time that Drinkard had already been appointed and sworn in. 

Schwarzenegger did not submit Drinkard’s name to the Senate Rules Committee for confirmation until Sept. 3, a week after Burton closed his final legislative session. The governor issued a press release announcing the appointment the following week, two months after Drinkard had been sworn in. 

"This is about an appointment he had made without announcing it and without putting out a press release, all the while engaging in a pretense that he was vetting this through us," said Sen. Sheila Kuehl, chair of the Senate Natural Resources and Water Committee. Kuehl, D-Santa Monica, added that Drinkard was inappropriate for the board position because she was "consistently dismissive of public input and even the value of public input." 

Julie Soderlund, a Schwarzenegger spokeswoman, defended the governor’s actions. 

"We followed standard operating procedure in making this appointment," she said. "We made this appointment according to the letter of the law. It’s unfortunate that such a well-qualified individual will not be able to serve the people of California because of a nonexistent administrative issue." 

Perata and Schwarzenegger have clashed already this year on key appointments, most notably over California State Teachers’ Retirement System appointee Kathleen Smalley and Board of Education appointee Reed Hastings. 

Drinkard disputed that she was aligned with timber companies. 

"I have never, ever worked for the forest-products industry," she said. "My role as a forester has been to enforce the laws of California." 

Frediani said she didn’t believe Drinkard ever had a direct association with timber companies but that Drinkard "agreed with them and saw the issues the way they saw them." 

One industry group objected to the Senate’s move Friday. William Keye, a lobbyist with the California Licensed Foresters Association, criticized the action. 

"Narrow partisan politics have overridden the nomination of a perfectly qualified, very fine woman who spent her entire career in public service," Keye said. 

The Bee's Kevin Yamamura can be reached at (916) 326-5548 or kyamamura@sacbee.com.

Forest Update, June 2005

1. URGENT-Drinkard Confirmation Hearing June 22 
2. RWQCB General Conditional Timber Waiver Hearing, July 8 SLO 
3. City Water Department - Opposes Critical Habitat Designation 
4. CDF/CLFA propose weakening Salmonid Protections 
5. New THPs 
6. Healthy Rivers Conference Update 
7. New book on Marbled Murrelets-"Rare Bird" 
8. State Budget Subcommittees approve funding for THP review and salmonid restoration 
 

1. URGENT-Drinkard Confirmation Hearing June 22 - PLAN TO ATTEND!

URGENT- speakers and warm bodies needed to attend Senate Rules Committee Confirmation hearing June 22 in Sacramento! 

Nancy Drinkard’s appointment to a public seat on the Board of Forestry will be heard before the Senate Rules Committee in Sacramento, June 22.  The Committee, chaired by Democrat, Senator Don Perata, will decide whether or not to confirm Drinkard, whose term expires June 24, if she is not confirmed. 

Numerous members of the public, agency personnel, legislators and the Santa Cruz County Board of Supervisors have written letters stating in no uncertain terms that Ms. Drinkard is not suited to represent the public.  But the Governor’s office is intent on keeping her in this public seat.  One can imagine, judging by the outpouring of support locally from the timber industry, that they have wielded their influence in Sacramento. 

Seems to me, Nancy should be reappointed to an empty industry seat.  If need be, industry can create a paid position for her, so she qualifies under the letter of the law.  If industry is intent on having her on the Board, then they should agree to have her represent industry.  If they do not, then they are really intent on taking over a public seat. 

We can't let this happen.

It is urgent that we show up to tell the Senate Rules Committee that she does not represent the public or the public’s viewpoint and must not usurp one of the few public seats.  If you can attend, please contact me and let me know:  JodiFredi@aol.com or 426-1697. Carpooling will be possible.  More details on time and location as soon as they are available. 

2. RWQCB General Conditional Timber Waiver Hearing, July 8 San Luis Obispo -  PLAN TO ATTEND

The Central Coast Regional Quality Control Board will hold a hearing on the proposed General Conditional Waiver for Timber Harvest Plans in San Luis Obispo on July 8.  Please plan to attend.  The current draft of the proposal is totally inadequate. 

Staff has received numerous comments and is currently pouring through them.  Comments were submitted by DFG, the Santa Cruz City Water Department, and Santa Cruz County Planning, all making recommendations to correct serious deficiencies in the proposed waiver.  Comments were also submitted by a number of qualified experts, again highlighting the problems with the proposal.  CRFM, the Sierra Club, the Lompico Watershed Conservancy also submitted extensive comments along with comments submitted by our expert, hydrologist, Dennis Jackson.  Some of these comments have been posted to the web and may be viewed now. Go to http://www.swrcb.ca.gov/rwqcb3/Permits/Index.htm, then scroll down to: General Conditional Waiver of Waste Discharge Requirements - Timber Harvest  Activities  in the Central Coast Region - Resolution No. R3-2005-0066. 

Hopefully, staff will take the suggestions into account and revise the waiver, strengthening it in the process. 

The revision is supposed to be available for review by late June, 10 days prior to the hearing. 

You can be sure that the timber industry will show up in full force.  It is imperative that we have an excellent showing as well.  PLEASE PLAN TO ATTEND.  Contact: JodiFredi@aol.com to carpool. 

3. City Water Department - Opposes Critical Habitat Designation

In the Fall of 2004, NOAA Fisheries put out for review a proposal for Designation of Critical Habitat for California Steehead (Docket No.  041123329-4329-01; RIN No. 0648-A004). 

In March of this year, the City of Santa Cruz Water Department sent a comment letter to NOAA Fisheries requesting that Laguna Creek, Liddell Creek, Majors Creek, Arana Gulch Creek, San Lorenzo River, Branciforte Creek, Newell Creek and Zayante Creek  "be excluded from critical habitat on the grounds that (1) the potential adverse impact to the City of Designating these streams as Critical Habitat is both potentially significant and poorly defined due to recent court decisions; (2) under Section 4(b)(2) of the ESA, the benefits of exclusion of these streams from Critical Habitat is greater than the benefit of inclusion." 

Translated, the above means that the City Water Department does not want streams designated as Critical Habitat where such a designation might adversely impact the City’s ability to draft water for the human residents of Santa Cruz.  Such designation could possibly limit the amount of water that could be taken from these streams, or require additional costly mitigations. 

I attended a hearing in February in Santa Rosa on the proposal and we were told that such designation would not have a regulatory impact.  The City cites recent court decisions that they believe would require additional mitigations. 

Regardless, we are concerned that the City Water Department is actively asking for less protection of County streams that provide habitat for our endangered coho salmon and threatened steelhead trout.  We would hope that City residents who use this water would be equally concerned. 

Considering that UC Santa Cruz depends on city water, we are extremely concerned that their latest Long Range Development Plan (LRDP), currently under review, proposes increasing the student population from 15,000 to 21,000.  The prognosis does not look good for our local fish. 

4. CDF/CLFA propose weaken Salmonid Protections

CDF in conjunction with the California Licensed Forester’s Association (CLFA) has put forward a rule proposal which will be heard in committee at the Board of Forestry in San Bernardino this week.  The proposed rule changes will weaken the Threatened and Impaired Watershed Rules.  These rules limit the amount of harvesting that can take place adjacent to 303(d) listed watersheds (impaired) and those that are home to listed coho salmon and steelhead trout. 

The proposed ‘streamlining’ rule changes will allow for sample marking of trees to be harvested in the WLPZ of T&I streams prior to the Pre-Harvest Inspection (PHI) rather than the full mark now required.  Additionally, the rules would change the definition of T&I watersheds to exclude 303(d) listed streams unless anadromous fish are present or the reach can be restored.  This also means that stream segments (both Class I and IIs) above ‘permanent’ fish passage barriers would be excluded.  Since temperatures, sediment and large wood do not stop at the barriers, we cannot see how these changes can possibly provide the same protection as the current rule.  The changes also include no-longer requiring mapping of temporary Class III watercourse crossings.  While this may be a problem for proper agency review of such crossings, it most certainly cuts the public out of the review of this potentially problematic practice. 

Joe Blum, NOAA Fisheries liaison to the Board of Forestry (now deceased), in a Declaration a couple of years ago stated that the T&I rules were inadequate to protect salmonids. ‘Streamlining’ these rules simply weakens already inadequate protection. 

5. New THPs

THPs are starting to flood the Felton CDF office.  Several new ones have been noticed in the newspaper for the Corralitos Creek/Cox Creek/Brown’s Creek watershed.  Several are in the works in San Mateo County. 

The Redwood Empire THP on Ramsey Creek continues to be problematic.  RPF Peter Twight has said he will utilize 1" diameter/4’ high tan oaks to meet his canopy retention requirements. DFG has recommended retention of snags and green wildlife trees in dominant canopy position where there are insufficient existing snags. DFG is also requesting that the WLPZ "shall be re-marked to favor the retention of larger, older, dominant conifers."  Currently, the plan intends to ‘high-grade’, i.e. harvest the largest conifers in the WLPZ. 

6. Healthy Rivers Conference Update (Mark you calendars now: October 29 and 30) 

The Healthy Rivers Conference is coming together nicely.  Fred Keeley, Santa Cruz County Treasurer, past S.C. County Supervisor and California Assemblymember, has agreed to be our keynote speaker.  He will join the following confirmed presenters in providing an inspirational and educational program for our community: 
 

Greg Andrews, Marin Municipal Water District 
       Large Wood Installations 
Bill Trush, Bain and Trush (consultants) 
       Effects of Chronic Turbidity on Salmonids 
Jim Herrington, DFG 
       Macro-invertebrates as indicators of stream health 
Dave Hope, NCRWQCB 
       Fish Passage Barriers 
Patrick Higgins, Fisheries Biologist 
       KRIS Project (mapping, etc.) as a tool for stream restoration 
Don Alley, D.W. Alley and Assoc., Fisheries Biologist 
       Steelhead Population Trends in Santa Cruz 
Jerry Smith, Professor CSU San Jose, Fisheries Biologist 
       Coho Population Trends in Santa Cruz 
Kristen Schroeder, County of S. C., Fisheries Biologist 
       Topic to be determined 
Brian Dietterick, Cal Poly 
       Field trip to Swanton Pacific turbidity and suspended sediment  monitoring stations 
Matt Baldzikowski, Santa Cruz City Water Department 
       Field trip to San Vicente Creek large wood installations (tentative)

Thanks to Steve Singer (who is included in the book) for sending the following very nice review of Rare Bird to run in the June 1 issue of Booklist: 

Ruth, Maria Mudd. Rare Bird: Pursuing the Mystery of the Marbled Murrelet
June 2005. 304p. Rodale, $23.95 (1-59486-090-4). 598.3. 

What is a marbled murrelet? This tiny, mysterious seabird flies like a little brown bullet, living most of its life at sea. But, as author Ruth, a generalist nature writer who declares herself "not a birder" discovered, this chunky little seabird can steal your heart. From 1789 to 1974, no one knew where the bird nested. All the other members of the Alcid family (the puffins, murres, and auks), to which the marbled murrelet belongs, nest on cliffs and rocks near the sea. The murrelet did not fit this pattern. How the mystery was solved and the implications of this discovery in the ongoing battle between environmentalists and loggers in the Pacific Northwest are conveyed in Ruth’s infectious tale. She takes the reader along as she talks to all the players in the high-stakes game of preservation versus exploitation, and she delves into the history of the scientists who studied the bird and searched for its nest. The story of the discovery of the nest is alone worth the price of the book. - Nancy Bent

From the May 24 e-newsletter of the Planning and Conservation League (PCL)  (We can thank Assemblymember John Laird for his efforts toward getting more funding for the Department of Fish and Game [John.Laird@asm.ca.gov]): 

Budget Subcommittee Meetings Increase Budget for Much-Needed Natural Resource Protection 

Both Environmental Budget Subcommittees met last week and produced some very promising results for California’s environment.  Budget Subcommittees, which are divided by policy area, usually begin meeting in late February to hold hearings and make recommendations to the full Budget Committees about which items should be included in the budget.  The following is a summary of the major items approved by the Subcommittees: 

Department of Fish and Game 
The Assembly Subcommittee approved a $5 million general fund augmentation for additional game wardens. 

Invasive Species
The Assembly Subcommittee approved the Administration’s May Budget Revise proposal to eliminate the Interagency Aquatic Invasive Species Council.  The Senate rejected this proposal. This item will go to conference committee. 

Department of Parks and Recreation
The Assembly Subcommittee directed $3 million from the general fund to DPR for deferred maintenance.  The Senate rescinded their previous action to approve these funds.  This item will be resolved in conference.  Both houses adopted budget trailer bill language which specifies that $8 million in tideland oil revenues will go to DPR for staff and deferred maintenance. Funds are intended to be ongoing. 

Salmon and Steelhead Trout Restoration Account
Both houses adopted budget trailer bill language which specifies that $8 million in tideland oil revenues will be used for salmon and steelhead trout restoration projects. 

Timber Harvest Plans
The Assembly Subcommittee approved $1.7 million in general fund dollars that will fund 15 new positions for harvest plan reviews in the Central Sierra. 

The Budget Conference Committee will begin in two weeks. Inconsistent actions taken between the Senate and Assembly Resources Subcommittees are sent to the Budget Conference Committee to be resolved.  The Budget Conference Committee is made up of 6 legislators, which include the Senate and Assembly budget chairs, and an additional Democrat and Republican from each house appointed by leadership. 

Forest Update, May 2005

1. Board of Forestry - 
  *Old Growth Disclosure Guidance Policy 
  *Fuel Hazard Reduction Field Trip - Soper-Wheeler 
2. Big Creek continues claim of coho aliens 
3. Ramsey Creek 207 THP 
4. RWQCB Timber Waiver Proposal on-line - Public Comment Open 
5. Healthy Rivers Conference Update, Oct 29 
6. Drinkard continues on BoF-letters needed 
7. SDSF THP resurrected-old growth tree to be felled!

1. Board of Forestry

  *Old Growth Disclosure Guidance Policy 

Two years ago, Richard Geinger, Humboldt Watershed Council, submitted a 
petition to the Board of Forestry asking that rules be established to require 
disclosure of individual old growth trees and old growth trees in areas less than 
20 acres. During the intervening months, while the petition was heard in 
committee, industry essentially filibustered, discussing the meaning of 'old 
growth', 'old', 'large', and whether it should be 'old large' or 'old, large'. No 
definitions were forthcoming. 

CDF finally decided that disclosure was already required and they would draft 
a policy statement to that effect.  This statement was also reviewed and 
rewritten in the Forest Practice Committee over several months. In February, when 
the final language seemed imminent, Richard asked that a hearing be held 
before the full board on the draft language.  CDF argued that the public should not 
have the opportunity to tell CDF what their guidance policies should look 
like. Regardless, Chair Dixon agreed to hold a hearing on the item.  This 
occurred in May. 

The CDF memo re the CDF guidance memo said that foresters are 'required' to 
disclose old growth, however, the memo itself uses the word 'should'.  Other 
slippery language was also incorporated, including giving the forester the 
authority to determine which trees are significant and need to be disclosed.  In 
spite of arguments regarding CEQA made by Sharon Duggan, attorney for EPIC (in a 
letter), David Nawi, Board member quite knowledgeable regarding CEQA, and 
yours truly, the Board voted approval of the guidance policy memo, with only Nawi 
opposing. 

 *Fuel Hazard Reduction Field Trip: Soper-Wheeler 

"It is insanely absurd that a private tree farmer is required to get the 
permission of a socialist state to harvest his own crop or to reduce the fire 
hazard on his own land." These words of Bill Holmes, August 7, 2004, are inscribed 
on a dedication plaque found on a large site-dedication granite boulder 
across from the Soper-Wheeler offices outside of Strawberry Valley.  Holmes was 
forester, president and director of Soper-Wheeler for 60 years.  This plaque is a 
"dedication to private property rights and individual liberty."  With the 
oral reading of this plaque by Soper-Wheelers' representative, we started our 
BoF/F&G Commission site visit. 

I attended the all day field trip on the lands of Soper-Wheeler east of 
Marysville in the Sierra Foothills, part of the combined BoF/F&G Commission annual 
meeting.  We reviewed "before and after" segments, where different treatment 
methods were used under the BoF Fuel Hazard Reduction Emergency Rule and the 
LaMalfa Bill fuel hazard reduction rules. 

We tromped through an area adjacent to the highway and across from the 
Soper-Wheeler office where conifers less than 30" stump height were felled, leave
trees were limbed and all left fuels (live and slash) were pulverized by a 
"masticator". We then walked through the adjacent area where no treatment had 
occurred.  We were told that this whole area had been hit hard by fire in 1944, and 
grown up weedy since then with no management under previous ownership.  When 
I asked, we were told that the area had probably been heavily logged prior to
the fire, as the adjacent highway led up to some of the gold fields nearby. 

Next we visited an area where similar cutting prescription had occurred, but 
instead of using a masticator to remove excess fuels, slash and felled logs 
were put into 'jackpot piles".  These had been set on fire, leaving partially 
burned large piles of logs.  Next we walked through the untouched riparian zone 
along a Class III.  Our guide assured us that leaving this area untouched was 
a prescription for future disaster, as any fire in the area would roar up the 
riparian channel, denuding it and leading to large sediment inputs. 

We then visited a section where all hardwoods were treated with herbicide, 
using either the 'hack and squirt' method for larger stems or aerosol spraying 
for smaller hardwoods.  I am not sure how the dead hardwood material will be 
treated.  At the time of our visit we were looking at a conifer forest stacked 
with dry hardwood kindling. 

Lastly, we were treated to an active operation.  We saw a 'grabber-buncher" 
at work.  This dinosaur grabs stems, zapping through them with a 30" horizontal 
whirling saw blade, then grabs another stem, repeating the cut.  Once several 
stems are selected, grabbed, cut and bunched, they are dropped on the ground 
to be picked up by a skidder with a grapple. 

The skidder worked extremely rapidly, dragging the felled trees to the 
stationary chipper.  I call this extreme tractor driving.  Conifers that would make 
good saw logs were dropped at landings, the others were fed into the chipper. 
This piece of equipment puts Davey Tree's machines to shame.  Eight inch 
diameter trees were fed into the hold under the driver's seat, where they were 
swallowed whole, chipped and spewed into the container behind.  These containers 
were then transported via semi to a co-gen facility in Oroville. 

Check the CRFM website in a week or two to see photos from the field trip. 

2. Big Creek continues claim of coho aliens 

May 5, the Board of Forestry and the Fish and Game Commission held their 
joint meeting/hearing in Sacramento.  The agenda was made up of a number of 
reports on such issues as fuel hazard reduction, oak woodland preservation and the 
coho recovery plan. The Department of Fish and Game gave a brief presentation 
on the Coho Recovery Plan, including a discussion of a new brochure put out by 
the Coastal Conservancy on Fish Passage Improvement in California's 
Watersheds. The booklet discusses problems for fish passage, reports of a study 
identifying thousands of such barriers throughout California waterways, and where to 
get help and funding for removal.  I hope to have copies of the booklet 
available at the Healthy Rivers Conference in October. For more info, check out the 
Coastal Conservancy website at www.scc.ca.gov. 

Fabian Alvarado, Big Creek employee and webmaster for the Central Coast 
Forest Association, presented comments to the Board/Commission lamenting that the 
Commission had decided not to delist coho south of San Francisco.  Alvarado 
continued to claim that coho were not native and should therefore be delisted. 
This in spite of information presented by the very consultant they had hired to 
'prove' their theory.  Dr. Gobalet, in a recent report, stated in no 
uncertain terms that coho were native in this area and the specimen found in the 
California Academy of Science in San Francisco is testament to that. 

Rumor has it that Big Creek may file suit against the Fish and Game 
Commission on this issue.  You'd think the amount of money Big Creek is spending in 
legal fees, consultant fees, research fees, etc. would be far more than the 
"loss" of income from the reduced stream side harvest allowed under the Threatened 
and Impaired Rules.  The T&I riparian rules, in place where listed salmonids 
are found, require greater canopy retention within the Watercourse and Lake 
Protection Zone (WLPZ). 

3. Ramsey Creek 207 THP

This THP is a mess.  Sorry, I can't be more explicit, but it would take 
hours.  The consultant geologist's report prepared for Redwood Empire to be 
included as part of the plan was never submitted to CDF until after CDF requested a 
copy post Close of Public Comment.  The report had been provided by RE to CGS's 
geologist prior to the Pre-harvest Inspection.  However, during that site 
visit, the CDF inspector was under the impression that no operations were to 
occur on or adjacent to the inner gorge and WLPZ slide areas identified in the 
geology report, but not identified on the THP map. 

It's way more messy than that, with two versions of the geology report-same 
date, nearly the same title.  One says no harvesting would take place in those 
areas, the other says logging would occur.  The conclusion was the same 
regardless - no adverse impacts. 

After much pressure (I sent an extensive letter and DFG and the County filed 
non-concurrences), CDF has reopened public comment and scheduled a new PHI for 
May 16. 

In the meantime, I have been haranguing CDF to re-notice the plan in the 
newspaper, as the original Notice of Intent listed the "Nearest Perennial Stream" 
as Ramsey Creek 1000' to the West.  However, an unnamed branch of Ramsey is 
adjacent to the plan area. The NoI also had a map showing Class I and Class II 
watercourses, but neglected to include the one running the length of the 
harvest area.  At this writing, CDF seems to think no rule has been violated 
regarding misleading information presented in the NoI, but has agreed to ask their 
legal counsel for advice.  CDF claims that since the rules say the NoI must 
"name the nearest perennial stream and major watercourse", that if the stream has 
no name, it does not count.  Seems to me naming the nearest perennial stream 
might go like this: "The unnamed east fork Class II tributary to Ramsey Gulch 
is adjacent to the plan area." 

4. RWQCB Timber Waiver Proposal-on-line, Public Comment open

Staff have prepared a Monitoring and Reporting Program for timber harvest 
waivers to go along with their draft Eligibility Criteria.  The staff report, 
negative declaration, supporting documents and comments submitted by experts can 
be found on-line at: www.swrcb.ca.gov/rwqcb3/Permits/Index.htm; scroll down to General 
Conditional Waiver for Timber Harvest. 

The hearing on the categorical waiver will be held July 8, in San Luis Obispo. 

Public comment is open and all responses received prior to May 18 will be 
reviewed by staff and commented upon in their prepared response to the Board. 
Comments may be submitted after May 18, but may not receive the same level of 
staff review. 

While the experts' comments were solicited and requested to be submitted in 
early March, staff did not review or include them in preparation of the 
documents now out for public comment. 

5. Healthy Rivers Conference Update, Oct 29

Preparations for the Healthy Rivers Conference are proceeding apace.  We have 
an excellent line-up of presenters on a variety of subjects including Large 
Wood Installations, Fish Passage Barrier removal projects, Macro-invertebrates 
and how they point to stream health, impacts of chronic turbidity on 
salmonids, the KRIS project as a tool for studying and evaluating stream health, as 
well as presentations on local steelhead and coho population surveys.  We 
anticipate additional topics will be added. 

We are planning on offering a couple of guided site visits on Sunday, October 
30, the day following the conference. Stay tuned for more info on this option 
as well as added details about the conference program.   And mark your 
calendar now. 

There will be no registration fee, but lunch can be ordered in advance for a 
nominal charge.  We will also make video-tapes and DVDs of the day available 
for purchase. 

6. Drinkard continues on BoF- letters needed

Letters are still needed regarding the inappropriateness of confirming Nancy 
Drinkard to represent the public on the Board of Forestry.  While Ms. Drinkard 
has remained polite and nearly silent  sitting on the Board, her industry 
connections are clear and continue strong. And her history cannot be lightly 
brushed off. 

Contact Senator Don Perata at Senator.Perata@sen.ca.gov, or feel free to call 
his district office at (510) 286-1333. Letters may be sent to: 

Senator Don Perata 
State Capitol, Room 313 
Sacramento, CA 95814 
(916) 445-6577 
Fax (916) 327-1997 

The Soquel Demonstration State Forest THP was put on hold last year because 
of numerous problems, including plans to draft water from Soquel Creek, even 
though SDSF did not have adjudicated water rights. They now plan to purchase 
water for their road construction. 

Info, I have gleaned indirectly-CDF has not noticed the public that review 
has re-commenced on this plan- indicates that CDF (plan submitter for SDSF) 
intends to fell, but not 'harvest' a large, leaning old growth tree that they 
believe will pose a hazard to the logging road planned to be constructed next to 
the tree. 

CRFM believes that the state has no authority to cut old growth on the SDSF 
lands due to the establishing legislation and Management Plan developed to 
direct activities on this state forest.  If you feel outraged that CDF plans to 
use 'public safety' as a trump card allowing them to cut down one of the ancient 
ones, then be prepared to speak out.  Imagine, if CDF prevails in killing 
this tree, what is to stop them from putting trails and roads adjacent to the 
other old growth trees on site, 'requiring' them to fall those giants as well. 
Help stop the madness before it stops.  And remember, Nancy Drinkard stated 
during a BoF committee meeting that old growth trees are protected in Santa Cruz 
County. 

Forest Update, March 2005

1.  Redwood Canopy Science-The New Yorker 
2.  23rd Salmonid Restoration Conference, March 30-April 2 
3.  Legislative Bills 
4.  THP 1-04-165, Boulder Creek adjacent to Big Basin State Park 
5.  PUBLIC HEARING: March 8, 1-05-NTMP-022, Corralitos Creek 
6.  Fuel Hazard Reduction Exemption Rule-BoF 
7.  Old Growth Disclosure Guidance Document-BoF 
8.  Big Creek Lawsuit. 
9.  RWQCB Timber Waiver Hearing, Watsonville, May 13th

 The following is from Rebecca Moore, local forest supporter and new CRFM Board Member: 

"There is an incredible, informative, quite lengthy piece in the Feb 14/21 issue of New Yorker on the research findings of a Redwood "canopy scientist" who is a professor at Humboldt State, and a super tree climber who spends much of his time 300 feet off the ground up in the "canopy" of old growth coast redwood. 

"He has established that old growth redwoods contain incredibly ric