Patrick Higgins
Consulting Fisheries Biologist
791 Eighth Street, Suite N
Arcata, CA 95521
(707) 822-9428
phiggins@humboldt1.com
December
19, 2004
Ms. Leslie Markham, Forest
Practice Division Chief
California Department of
Forestry and Fire Protection
135 Ridgeway Avenue
Santa Rosa, CA 95401
Re: Response to Comments on Timber Harvest Permit THP 1-04-030 SON, Hansen/Whistler
and Timberland Conversion Permit (TCP) #530
Dear Ms. Markham,
I have just completed review
of the response to comments for the Hansen/Whistler Timber
Harvest Permit THP 1-04-030 SON, including responses to comments I filed on
April 14, 2004. I am once again doing this review for local watershed residents
who are concerned about the health of the Gualala River. They also feel that
the California Department of Forestry (CDF) is not preventing damage to the
river as required under the Federal Clean Water Act (CWA) and the California
Environmental Quality Act (CEQA). This conversion and harvest are in the
Little Creek watershed, a lower tributary to Buckeye Creek, which is showing
advanced signs of cumulative watershed effects (CWE) as established in my
previous comments, and new evidence presented by CDF indicates that Little
Creek itself has a similar level of impacts.
After acknowledging that the
stream is barely showing surface flow due to aggradation, CDF has approved the
TCP and is now moving to approve the THP. This is a direct violation of CEQA
because sediment impacts will occur and other recent and foreseeable activities
in the watershed have also contributed to this recognized problem. The repeated
statement that all effects from the plan can be fully mitigated and that there
will be no impact to Little Creek is not credible (Dunne et al., 2001; Collison
et al., 2003).
My Qualifications
To remind you, my expertise
in the Gualala River watershed is a result of my having studied the watershed
since 1997. I have recapped (and recaptured) the literature on fisheries and
watershed processes for the Gualala River for the Redwood Coast Land
Conservancy (Higgins, 1997). I then worked closely with the Gualala River
Watershed Council and the California Resources Agency to provide technical
assistance for the Gualala River Watershed Assessment (CARA, 2002) as part of the North Coast Watershed
Assessment Program (NCWAP). In addition to providing analytical support to the
agency staff, I helped assemble all available data, bibliographic resources,
photos and electronic maps into the KRIS Gualala database (IFR, 2002), which is
part of your record. Despite the fact that the KRIS Gualala project was funded
by CDF to provide a tool for cumulative watershed effects analysis, your staff
does not appear to be using it, even at this late date.
Cumulative Watershed
Effects
Once again the project
proponents and CDF have failed to deal with risk of cumulative watershed
effects quantitatively or credibly. For the purpose of these comments, these
impacts will be termed cumulative watershed effects and be abbreviated CWE. The
definition of CWE from Dunne et al. (2001) was provided in former comments, but
it is similar to those described in CEQA:
As I pointed out in my April
14, 2004 memo to your regarding this THP/TCP, until risk is quantified
scientifically, CDF and other agencies cannot gauge effects or prevent further
damage to the Gualala River and its tributaries as required by CEQA. Response
to my comments, and those of others who oppose the project, show that parties
preparing these responses are unwilling or unable to understand arguments
advanced related to CWE and confirm that they, like CDF staff, do not have
capacity to meet CEQA requirements in this regard. The Dunne et al. (2001)
report is from the foremost authorities on watershed processes from the
University of California system and they point out systematic problems in
timber harvest review and problems with dealing with CWE that are exemplified
in this THP/TCP. The fact that this project involves a Timberland Conversion
raises hydrologic impact questions even further beyond those normally
considered for THPs.
The statement in responses to
comments that CWE from the pending vineyard conversion “have been mitigated to less than significant” is
not credible. Since the response, like the original THP/TCP, fails to reflect
the findings of Dunne et al. (2001), I will provide the following quotes from
the document which are applicable to attempts at CWE analysis. It is obvious
that methods of analysis have not changed since 2001, despite the advice of the
U.C. systems foremost watershed science authorities.
Dunne et al. (2001) describe
how mitigation such as that offered on this THP/TCP will likely be imperfect
and lead to impacts, but because of the lack of effectiveness monitoring that
CWE will be untraceable, but none-the-less extant:
“However,
widespread experience in most types of terrain and land uses (forestry,
agriculture, urbanization, mining, etc.) has proven that mitigation by on-site
BMPs is usually imperfect, and much of the induced perturbation (say of runoff
or sediment) “escapes” or “leaks” from the impoundment device or from the
surface protection, and accumulates downstream, though at a reduced level. It
is because of the limited effectiveness of on-site mitigation that CWEs have
been identified widely by environmental scientists.”
Once again, the responders
and CDF remains use an artificially defined boundary for CWE analysis for this
project and ignore substantial evidence of previous disturbance and aquatic
stress at the scale of Little Creek, the Little Creek Calwater Planning
Watershed, Buckeye Creek and the Gualala River. Dunne et al. (2001)
characterized this approach to CWE assessment:
“The
resulting ‘postage-stamp’, or ‘parcel-by-parcel’, approach, in which only the
immediate project area of a single, small timber harvest is ever reviewed. –--
as all other reviewers have said --- does not capture the cumulative influence
of multiple harvests over a long period of time in a large, complex watershed.”
Dunne et al. (2001) noted a
significant impediment to proper characterization of CWE in the THP review
process is CDF’s “unquestioning and unverified reliance on mitigation.”
“While
there are clear benefits of, say, removing unstable, eroding roads, the notion
that such practices coupled with new land-use activities will avoid CWE is
unsubstantiated. There has also been a reliance on untested mitigation measures
rather than an effort to documenting CWE processes. The resulting belief that
BMPs mitigate or prevent potential problems accounts for the proclivity among
many THP applicants to assert that no cumulative effects will occur because
they will be mitigated out of existence.”
This is exactly the approach
taken with THP 1-04-030 SON and response to
comments and it lacks scientific credibility or a basis in data collected at
the appropriate scales. This includes a complete lack of quantitative aquatic
data from Little Creek, the water body most likely impacted by this project.
The responders say that the
THP will cause the loss of some forest and have some watershed impacts, but
such impacts are insignificant because they affect only 2.5% of the Little
Creek Calwater Planning Watershed (CPW) and “approximately 95% of the planning
watershed remains forested.” This statement does not reflect that tree size in
the basin indicates very early seral conditions, as shown by CDF and U.S.
Forest Service (Warbingtron et al., 1999). Figure 1 shows the size of trees in
the Little River CPW as of

Figure 1. Tree size and
vegetation types of the Little Creek Calwater Planning Watershed derived from a
1994 Landsat image shows that the forest is in early seral stages. Data from
the USFS Spatial Analysis Lab and CDF Fire and Resources Assessment Program
(FRAP).
1994 according to Landsat
data. Because site potential in old growth redwood forests on the Gualala can
be in excess of ten feet (IFR, 2002), the fact that there are almost no trees
greater than 3 feet in diameter at breast height (dbh) shows that the entire
area is in early seral conditions. The fact that 30% of the watershed is in
trees smaller than 12 inches shows that there has been disturbance at that
level in the 15 years prior to 1994. Recent timber harvests are likely to
continue to cause erosion problems for at least 15 years after logging. Effects
from roads related to projects may have a much more long lasting hydrologic
impact (Quigley and Arbelbide 1997).
Reeves et al. (1993) point out
that timber harvest in greater than 25% of Oregon coastal watersheds in less
than 30 years caused a loss of Pacific salmon species diversity. That pattern
of disturbance and response is extant in the Gualala River watershed as
established in KRIS Gualala (IFR, 2002), where coho salmon have disappeared and
attempts to re-establish them as recently as 1995-1998 through direct planting
have failed as a result of CWE in the North Fork Gualala River and its
tributaries.
While CDF quantifies
agricultural conversions in Sonoma County as part of CWE analysis, their
database queries for CWE analysis do not even include timber harvests,
presumably because they think they have been fully mitigated. The timber
harvest map

Figure 2. Timber harvests
permitted in the Little Creek CPW by CDF between 1991 and 2001. Data from CDF
Santa Rosa.

Figure 3. Summary chart of
timber harvest levels by CPW in the Buckeye Creek sub-basin showing most have
harvests over the recognized 25% harvest level CWE threshold demonstrated by
Reeves et al. (1993). Chart from KRIS Gualala and data from CDF.
what was inferred above from tree diameters, that 34% of the CWP has been
logged in a ten year period. The addition of the 4.5% of the area of the Little
Creek CPW developed in vineyards must be considered in conjunction with this
level of pre-existing disturbance, which is well over recognized CWE thresholds
(Reeves et al., 1993). As indicated in my previous comments, there is
photographic evidence of additional, unpermitted timber harvest and conversion
in this CPW and CDF and responders are failing to quantify or fully recognize
this as well.
CDF did respond to questions
I raised about unpermitted land use activities in the Little Creek CPW with
useful information. In fact CDF acknowledges illegal, unpermitted timber
harvests and unpermitted vineyard conversions had taken place as well as legal
conversions of parcels less than 3 acres that did not require permits. The
response states that one illegal timber harvester paid a “substantial fine.”
Payment of fines to the State does not abate environmental problems caused by
the illegal activities. It is likely that less care was taken by illegal
operators than by those working with State agencies and CDF and that sediment
contributions from their activities has been considerable.
Although CDF and those
providing comments say they are responding to my CWE concerns with regard to
fisheries and aquatic habitat, indeed the additional information they have
supplied prove problems already exist. The CDF or private consultant habitat
“survey” as part of Response to Comments really only represents a quick
reconnaissance, but confirms my assertions of advanced CWE:
The same report documents a
“load of silt not yet flushed through the system.” CDF states that it
acknowledges Buckeye Creek impairment but cites NCWAP (CARA, 2002) as
indicating “apparent recovery in watershed conditions.” The Gualala River WA (CARA, 2002) found compromised habitat conditions in
Buckeye Creek in 2001 and, without more recently collected channel data to
confirm this “apparent recovery”, such claims lack credibility.
For Little Creek to classify
as an unimpaired water body, it would have to meet the following criteria:
This would indicate that
Little Creek were a healthy freshwater ecosystem within its former range of
variability and not suffering from CWE.
Fisheries Issues: Coho
Salmon, Steelhead Trout and ESA Requirements
Fish discussions in the
THP/TCP and Response to Comments are generic, in that coho life history
information is not specific to the Gualala River basin and no discussions of
the status of Gualala River coho are to be found. CDF avoids fundamental
requirements to protect coho salmon since they are listed as Threatened in the
Gualala River basin under both the Federal and California Endangered Species
Acts. Similarly, steelhead are listed as Threatened in the Gualala River basin
under Federal law, but no discussions of population status in the Gualala Basin
or regionally is offered. The response to comments and CDF are still not citing
the Status Review of California Coho Salmon North of San Francisco (CDFG, 2002) after my repeated requests that the
document be recognized, and that credible discussions regarding both coho and
steelhead be included in your reviews.
The field memo from Little
Creek provided with the Response to Comments indicates that “coho salmon
habitat in the assessment area is marginal due to the small number of deep
pools and inconsistent flow levels” and that coho were not found. No methods, such
as electrofishing or direct observation (Adams et al., 1999), were discussed in
the memo and or the extent of the reach surveyed. In order to ascertain that
coho do not occur in some years, surveys would have to be conducted for three
years because coho are even age spawners and develop strong and weak years
classes as a result.
There is no indication that
there are older age steelhead in Little Creek, and compromised pool depth would
likely limit carrying capacity for yearlings and two year old fish. This means
that Little Creek has similar CWE to most Gualala River basin tributaries,
which lack older age steelhead juveniles (CARA, 2002). Electrofishing at dozens
of sites in the Gualala River Basin in 2001 caught very few large steelhead
juveniles. This is important because steelhead must spend one or two years in
freshwater before entering the ocean in order to survive as adults (Barnhart,
1986).
As I have pointed out in past
comments, Buckeye Creek and Little Creek are both of sufficiently low gradients
that coho salmon would have been at least a co-dominant salmonid species in
both streams. The lack of attention to population viability under ESA also
shows negligence in terms of CWA requirements. No land use activities should be
allowed to further degrade either Little Creek or Buckeye Creek until they are
supporting a cold water fishery, including both coho salmon and steelhead
juveniles, CWA “beneficial uses.”
Roads and Cumulative
Watershed Effects and THP 1-04-030 SON
Road discussions again show
the incapacity of responders to grasp yet another critical CWE issue. The road
densities in the Little Creek CPW are 8 miles per square mile of watershed area
(Figure 4), which is very high with regard to CWE risk as defined by the
National Marine Fisheries Service (1996). They recommended that densities be
limited to less than 2.5 mi./sq.mi. with no streamside roads.
Cederholm et al. (1981)
showed that major damage was done to watersheds when road densities exceeded
4.7 mi./sq.mi. and that sediment yield to streams was on the order of 2.6 to
4.2 times the natural rate of sedimentation. CDF does not provide a
quantitative assessment of sediment from roads anywhere in the THP/TCP nor does
the Response to Comments. This ignores well founded science provided as part of
the Gualala River Technical TMDL
(CA SWRCB, 2001) indicating elevated, man-caused erosion from roads. Those
responding to comments should recognize these pre-existing impacts and CDF
should consequently deny further development requests until results from
monitoring of stream channels indicate recovery.

Figure 4. This chart shows
the density of roads in miles per square mile for Buckeye Creek watershed with
a reference line of 2.5 mi./sq. mi., which is slightly above NMFS (1996) properly
functioning watershed condition level for Pacific salmon. Little Creek has one
of the highest road densities in the Gualala River basin. Data from U.C. Davis
ICE and North Coast Regional Water Quality Control Board.
The U.S. Forest Service (USFS, 1996) considered road densities greater than 4.7 mi./sq. mi. "Extremely High" in terms of potential aquatic impacts in the Interior Columbia River Basin (Figure 5). Their reference was derived by comparing data for bull trout and other salmonid species with road densities over 3,000 watersheds. They concluded that "the higher the road density, the lower the proportion of sub-watersheds that support strong populations of key salmonids" and that bull trout were absent from watersheds with more than 1.7 mi./sq. mi. of watershed area. They also found a relationship between fine sediment in streams and road density. Quigley and Arbelbide (1997), also in the Interior Columbia Basin, found "increasing road densities (combined with the activities associated with roads) and their attendant effects are associated with declines in the status of four non-anadromous salmonid species." Jones and Grant (1996) noted that road cuts disrupted subsurface flows and routed them to streams, which increases flood frequency.

Figure 5. Road density classifications, in miles of road per square mile
(mi./sq. mi.), are from USFS (1996) Figure 9 and represent risk to sensitive
aquatic species. Note also that they categorize as Extremely High road
densities of 4.7 mi./sq. mi. and
greater and that the Little Creek CPW has nearly double that.
In response to my comment that the THP and TCP had failed to deal effectively with CWE related to roads, responders acknowledged that there were significant problems with the Little Creek-Flournoy Road, but they were being fixed. This shows a patent misunderstanding that similar problems exist on virtually all roads and there are dozens of miles of roads in just the Little Creek CPW alone. As I pointed out before, the road densities are conservative estimators of disturbance with potential for surface erosion because they do not reflect temporary roads, skid trails or landings.
At other places in the THP/TCP and in Response to Comments it is noted that the road that parallels Little Creek has been abandoned because of stream side landslides. CDF and those responding to comments seem to think that just walking away from such a road prism means that sediment will no longer be contributed to streams. It is likely, however, that this old road bed will continue to erode unless it is recontoured and planted with trees. It also represents a major pre-existing sediment source only recognized by CDF late in the review process. There is discussion of getting grant money for fixing the Little Creek-Flournoy Road and this is taken as mitigating road problems off site. It is inappropriate to be using public money to fix a private land road and then count it as mitigation that allows further development.
Water Temperature
Those responding to comments,
like CDF before them, continue to miss the connection between sediment and
water temperature. As Dunne et al. (2001) point out, there is almost always
“leakage” from mitigation measures, so sediment from the THP/TCP area is likely
to reach Little Creek. CDF has established that Little Creek is suffering from
advanced CWE, with silt-filled, shallow pools and loss of surface flows due to
massive aggradation. Filling of streams with sediment changes the width to
depth ratio and increases heat exchange, which results in stream warming (Poole
and Berman, 2000). The continued reiteration by CDF and the responders that
streams do not cross the property, that there is no riparian removal associated
with this project and, therefore, the THP/TCP cannot warm the stream is
incorrect.
The responders and CDF are
also missing a second well recognized mechanism for stream warming. Brosofske
et al. (1997) found that soils warmed in response to vegetation removal and
that ground water temperatures also warmed. Changes in ground water temperatures
in turn warmed spring flows and adjacent stream reaches. These mechanisms are
also likely to cause additional warming to Little Creek for which no actual
temperature data are available.
Flows Issues
While substantial quantities
of information have been filed by the proponents of THP
1-04-030 SON and TCP-530, there are still fundamental flaws in arguments
regarding likely effects on surface flows from this project. I am not a
hydrologist so I will restrict my remarks to the mechanism that I know will
operate to reduce surface flow.
I have
described in previous comments how the Gualala River and its tributaries have
lost surface flow because aggradation of the stream bed is so severe that flows
now percolate through the gravel bars in late summer and fall. The Response to
Comments notes that Little Creek loses surface flow, which is consistent with
substantial, pre-existing sediment pollution. Additional sediment from this
THP/TCP will continue the pattern of sediment yield over background, and thus further
degrade Little Creek and cause it to lose surface flow earlier in the season
and ultimately to lose all function as fish habitat. This is a text book case
for CWE and, as an issue on its own, should cause CDF to turn down this project
and ones similar until Little Creek has recovered.
Agency Incapacity
In my previous comments, I
have supplied a scientific basis for CWE assessment, including water
temperatures required by coho salmon (Welsh et al., 2001), for fine sediment in
spawning gravels (McHenry et al., 1994) and for pool frequencies (CDFG, 1998).
In my response here I have acquainted CDF staff with new literature from the
Columbia Basin on CWE thresholds and roads (USFS, 1996; Quigley and Arbelbide,
1997) and how sediment affects temperature (Poole and Berman, 2000).
I have provided data to show
the compromised quality of Buckeye Creek and CDF or project proponents have now
demonstrated advanced CWE in Little Creek. Unfortunately, as Dunne et al.
(2001) pointed out, CDF, other agencies overseeing and those responding to
comments on this THP/TCP lack the professional capacity to deal with the issues
I have raised.
CDF and the plan proponents
have failed to supply data that show functional aquatic habitat conditions in
Buckeye Creek or Little Cree or support of beneficial uses, to prove that CWE
are not extant. Dunne et al. (2001) point out that regionally recognized CWE
standards should be acknowledged and applied:
“If there are specific scientific limits
(such as a lethal stream temperature for fish or a threshold fine-sediment
concentration for spawning beds), RPFs are expected to know this and to apply
it in the context of the rules and in protecting beneficial uses of water. If
the RPF doesn’t know or apply existing knowledge, reviewing agencies have the
duty to require additional mitigation.”
The appropriate mitigation in
the case of the THP 1-04-030 SON, especially in
light of the widespread adjacent illegal activity in the plan area, is that the
permit should be denied until the Little Creek and Buckeye Creek watersheds
have been allowed to recover their watershed health and they are meeting CWA
requirements, such as supporting coho salmon and steelhead juveniles of
multiple age classes.
Dunne et al. (2001) argue for
assessment of CWE risk to be removed from the hands of CDF staff. The lack of
capacity of CDF staff, despite having data tools such as the preceding NCWAP
report (CARA, 2002) and the KRIS Gualala database, demonstrates that CDF and
other agencies may need to acquire additional staff with advanced degrees in
watershed science and conversant in the us of cutting edge analysis tools as
recommended by Dunne et al. (2001).
Unfortunately, CDF staff and
those responding to comments do not appear to be reading literature cited in my
comments and those of others and, thus, refusing to recognize advancements in
understanding of CWE regionally. Contrary to the following statement by Dunne
et al. (2001), CDF is not faced with decisions where scientific literature is
not available to support decisions:
“CWE
analysis, like all other human endeavors, will have to be conducted rationally
in the face of these uncertainties. Some people will be skillful at this, and
will remain well informed as the technology evolves; others will remain confused
and be unable to proceed because the scientific literature does not contain the
answer to their specific question.”
CDF staff could study recent
scientific literature on cold water fisheries and forestry interactions and
make more informed decisions on this THP/TCP. Their failure to do so and,
therefore, to properly assess risk of CWE is insufficient to meet the standards
of CEQA..
Conclusion
CDF is now largely defending
positions espoused by consultants for project proponents, even though experts
with credentials far exceeding those of these consultants, such as Dr. Don
Erman and Dr. Michael Johnson, are pointing out major flaws in logic and
science. CDF and CDFG have not collected or presented data on the fisheries or
water quality of Little Creek to show that it is in a non-degraded condition,
not suffering from cumulative watershed effects problems, and, therefore, able
to sustain additional impacts.
In fact, additional
information provided late in the process of review of THP 1-04-030 SON and TCP-530
establish that Little Creek is similar to other Gualala River tributaries and
showing advanced signs of CWE, such as loss of surface flow. This is exactly
the response that would be expected given the high degree of legal and illegal
development and land alteration that has taken place in the watershed.
Four years
after the publication of the Dunne et al. (2001) report, where the best
University of California watershed scientists pointed out deficiencies in CDF’s
approach to cumulative watershed effects analysis, the agency and process are
still showing the same flaws. I believe that CDF and the other agencies
involved in review are wasting a huge amount of money in defending projects
that benefit private parties, but threaten to drive fish stocks in the Gualala
River to extinction, and that patently violate CEQA and the Clean Water Act. It
may be time to contract with the University of California for field studies in
this basin to define CWE thresholds, existing levels of impacts, and recommendations
for limits to disturbance, instead of just continuing to fund agencies that
lack the capacity to deal with the issues at hand.
Sincerely,
Patrick Higgins
CC: Allen Robertson, Deputy
Chief
California Department of
Forestry and Fire Protection
P.O. Box 944246
Sacramento, CA 94244-2460
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