CAL FIRE reopened the Dogwood THP #1-15-042 SON once again for public comment. The window for public comment ends May 3, 2019. I have a detailed, scholarly response from Dr. Peter Baye to share with you here. Please pick one or more of the arguments against Dogwood logging and put your response in your own words, using Peter’s as a guide, if you’d like. Send your comments to CAL FIRE to protest this timber harvest plan: Please reference the above THP numbers and send your letter to CAL FIRE, Attn: Forest Practice, 135 Ridgeway Ave, Santa Rosa, CA 95401 or email: santarosapubliccomment@fire.ca.gov

Thank you for your help during this four year battle to protect the Gualala River from being harmed. Jeanne Jackson, with Peter’s comments to follow.

DOGWOOD THP (# 1-15-042 SON) RECIRCULATION NOTICE APRIL 3, 2019

CAL FIRE reopened the Dogwood THP again for a 30 day comment period, which closes before 11:59 pm May 3, 2019.

CAL FIRE stated reasons for recirculation as “significant new information” added to THP, following January 22, 2019 recirculation. Specific new information added to THP in response to comments from Jan 22 2019 THP:

·       Alternatives analysis

*   pp. 105-113,

*   pp. 113.3-133.4

·       Cumulative impacts assessment

*   (THP pp. 114-138,

*   pp. 138.1-138.3,

*   p. 139

*   pp. 141.17-141.19

*   pp. 142-214

·       Additional THP revisions on “wet areas”, rare plants, and sensitive plant communities cumulative impacts, p. 210.1

SCOPE OF PUBLIC AND AGENCY COMMENTS

CAL FIRE’s recirculation notice states that in order to be considered by CAL FIRE, comments must be in writing and pertain specifically to the subjects listed in bullets (above). However, this discretionary administrative limit on comments set by CAL FIRE for the THP does not cite any authority to restrict the scope of comments under CEQA (California Environmental Quality Act) regulations. FoGR recommends that all substantive, relevant comments about significant impacts, mitigation, or project alternatives, especially those that can be shown to relate to significant cumulative impacts, can and should be included in public comments under CEQA. For example, FoGR supports California Department of Fish and Wildlife’s additional (January 2019) recommendations about mitigation for foothill yellow-legged frog cumulative impacts.

FoGR RECOMMENDED CONSIDERATIONS FOR COMMENTS

FoGR’s preliminary assessment of the recirculated Dogwood THP is presented in summary form below, for consideration by any citizen or organization preparing comments on the recirculated THP. FoGR encourages all commenters to independently read and assess relevant parts of the THP.

Because the THP is voluminous (over 200 pages), dense, and technical, and lacks plain CEQA language, an index, table of contents, and a searchable digital document format, FoGR is highlighting specific pages and paragraphs to facilitate public review on issues that have risen to the top of public concerns in past versions of the Dogwood THP.

Recommended list of high priority comment subject areas

The priorities for comments are aimed at two goals. First and foremost, our practical aim for comments is to be effective in influencing the Dogwood THP process to best protect the Gualala River, including its floodplain, within the framework of applicable state environmental regulations. These include CEQA, California Endangered Species Act, Forest Practices Act, and the Porter-Cologne Water Quality Control Act.  Our higher goal with our comments is to alert resource agencies, elected officials, and policymakers how important it is to protect the Gualala River, and why.

A. Alternatives and cumulative impacts

B.  Biological Resources

1.  Seasonal wetlands – cumulative impact assessment and mitigation

2.  Sensitive wetland plant communities

3.  Special-status plant, fringed corn-lily

4.  Special-status frogs

5.  Wildlife trees

6. Special-status fish

A.  ALTERNATIVES AND CUMULATIVE IMPACTS RELATED TO SENSITIVE SEASONAL WETLANDS IN FLOOD PRONE AREAS

·       The seasonal wetland cumulative impact issues are essential to the analysis of alternatives. The purpose of alternatives analyses in CEQA is to consider alternative project designs, including changes in configuration (boundaries), size, location, or methods, to avoid or minimize significant impacts. Alternatives in the Dogwood THP do still not mention or consider seasonal wetlands, or configurations (“

(“no cut” areas) that avoid seasonal wetlands, or sensitive wetland plant communities. Alternatives should fully consider accurate and complete evidence about seasonal wetlands of the floodplain within Dogwood THP (direct impacts) and in past and future THPs (cumulative impacts)

·       Seasonal floodplain wetlands in the Dogwood THP are also essential to water quality and fish.  Seasonal floodplain wetlands in the Dogwood THP are also essential to water quality (sediment trapping and stabilization) and ephemeral off-channel salmonid habitat (federally and state-listed steelhead trout, coho salmon) of the Gualala River. Alternatives that minimize or avoid significant seasonal wetland impacts also are essential to protection of off-channel salmonid habitat and important floodplain ecosystem functions that protect and maintain water quality (reduction of excess fine sediment in floodwaters).

·       Seasonal wetlands are not the same as “wet areas”. Seasonal wetlands in California’s coastal Mediterranean climate are those that are wet or moist only during the wet season, when heavy rains and annual river overbank flooding occurs. Seasonal wetlands are not the same as the older, narrower category of “wet areas” defined by Forest Practice Rules. “Wet Areas” refer only to the wettest of wetlands that remain wet almost all year round. These are not as extensive or widespread in the Gualala River floodplain as seasonal wetlands. Cumulative impacts to seasonal wetlands have not been assessed in the Dogwood THP because they have not been identified or mapped accurately, and no documented wetland survey results (no evidence, data sheets, survey maps) have been presented in the Dogwood THP to provide a basis for alternatives that minimize or avoid significant impacts to seasonal wetlands.

·       Seasonal wetlands are widespread in the floodplain of the river, including the Dogwood THP area.

*   Seasonal wetlands occur in poorly drained flats, swales, relict overflow channels, and in old skid road track depressions in the Gualala River floodplain.

Gualala River floodplain.

*   FoGR and Forest Unlimited representatives, guided by Henry Alden of Gualala Redwoods Inc. during an inspection of a portion of Dogwood THP in 2015, directly observed conspicuous slough sedge wetlands (both intact and disturbed ones) in plain view of the entire Dogwood Haul Road route and Buckeye Creek roads. There is no doubt that they are present, but the THP incorrectly denies that they are.

*   The Dogwood THP is entirely in the floodplain of the Gualala River, where ecologically significant seasonal wetlands are widely distributed in the Dogwood THP floodplain areas. They are a significant, special-status protected resource and must be fully addressed by specific THP mitigation and alternatives.

ALTERNATIVES ANALYSIS RECOMMENDATIONS

·       Alternatives to avoid and minimize impacts to floodplain seasonal wetlands

*   Because any alternative that protects significant seasonal wetland habitats in the floodplain requires an accurate inventory and map of this sensitive resource, no THP should be approved until an alternatives analysis fully considers a complete, accurate evidence-based (scientifically sound survey) map of seasonal floodplain wetlands in the Dogwood THP area.

*   CAL FIRE should consult with resource agency (CDFW, RWQCB, NOAA) experts in riparian (floodplain) wetland ecology, or other qualified wetland experts, to develop authentic, feasible alternatives to avoid or minimize cumulative impacts to Gualala River seasonal wetlands. This is necessary because most THPs prepared by Registered Professional Foresters are in uplands, where there are no floodplains, and few, small seasonal wetlands.

*   Dogwood THP alternatives should include at least one that avoids disturbance to flood-prone areas, consistent with the standard flood prone rules without substituting in-lieu practices (Forest Practice Rules) that are less protective of wetlands. This is especially important for old skid roads track depressions that develop wetland characteristics.

A wetland-protective reduced impact project alternative (CEQA) should evaluate exclusion of logging disturbances in flood-prone areas, consistent with the standard flood prone rules (Forest Practice Rules). This alternative applies especially to skid trail use or construction, in and around sensitive seasonal wetland habitats, including old skid trail depressions that have reverted to wetland habitat.

*   An alternative or alternatives complying with the standard rules should be compared with alternatives based on in-lieu (substitute) practices allowing disturbance of the floodplain by skid road use, as proposed in the Dogwood THP.

*   Intermediate alternatives should evaluate excluding logging disturbances and skid road use (Standard flood prone rules) in zones where sensitive seasonal wetlands are most extensive or frequent, and applying in-lieu practices in flood prone areas where evidence indicates seasonal wetlands are infrequent and small. Compensatory mitigation for significant impacts to seasonal wetlands, through wetland restoration or creation in the floodplain, should be evaluated for wetlands impacted by in-lieu practices.

CUMULATIVE IMPACT ASSESSMENT AND MITIGATION RECOMMENDATIONS

·       Recommendation for seasonal wetland cumulative impact assessment and mitigation:

*   No cumulative impact assessment of seasonal wetlands is possible without an accurate survey of seasonal wetlands, so CAL FIRE should require one to inform the Dogwood THP.

*   No Dogwood THP should be approved until accurate seasonal wetland surveys within the Dogwood THP area, past flood-prone THP areas (including “Kestrel” and “German South” THP areas) along the lower Gualala River are prepared and presented in maps, and assessed for cumulative impacts and mitigation.

*   CAL FIRE should consult with resource agency (CDFW, RWQCB, NOAA) experts in riparian (floodplain) wetland ecology, or other qualified wetland experts, to develop scientifically accurate and meaningful baseline data on seasonal wetlands along the lower Gualala River to support an adequate assessment of cumulative impacts.

·       Sensitive seasonal wetland plant community impacts (significant potential direct, indirect, and cumulative impacts).

·       Slough sedge meadows (swards). Seasonal wetlands in the Gualala floodplain are often dominated by slough sedge, an obligate wetland plant (found almost always only in true “wetlands” defined in the federal Clean Water Act, and also by the State of California). Slough sedge meadows (“swards”) are also classified as a sensitive plant community by the California Department of Fish and Wildlife (CDFW). CDFW advised CAL FIRE that they did not even include this sensitive wetland plant community in the THP assessment of impacts.

·       Fringed corn-lily (Veratrum fimbriatum). Fringed corn-lily is a special-status, rare wetland plant that occurs in or in the vicinity of the Dogwood THP area, but it was not even considered on the list of plants the Registered Professional Forester surveyed. The Dogwood THP does not mention or assess impacts to this species. The flowering season for detection of this plant is summer-fall.

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