Joy Road makes legal history over Timber Harvest Plans
Posted Friday Dec. 15, 2006 -------- The California Supreme Court rejected the California Department of Forestry's appeal of their forest management practices. The landmark case brought CDF's handling of Timber Harvest Plans before the high court. The Califrnia supremesruled in the case of Joy Road Area Forest and Watershed Association vs. Harmony Forest & Land Company, LLC and California Department of Forestry. In addition the Supreme Court rejected a request by the California Forestry Association, a forest industry trade group, to depublish the Appellate Court's decision. Depublishing the opinion would prevented its use as precedent in future cases. Consequently the decision is now an extremely important addition to settled law. It confirms that the procedures used by CDF to review logging plans since 1970 have been illegal
History: The California Court of Appeal had rescinded California
Department of Forestry's (CDF's) approval of a 13-acre logging plan approximately
two and one-half miles southwest of Occidental in Sonoma County. Harmony
Forest & Land Company, LLC had sought to log on Joy Ridge in an area
designated by the County as water scarce. The Joy Road Area Forest and Watershed
Association sued approval of the plan on four grounds: 1) CDF failed to recirculate
the plan for public comment as required by law after substantially changing
the plan, 2) CDF failed to properly address the contribution of fog precipitation
from redwoods to the ground water resource, 3) CDF failed to properly assess
the cumulative environmental effects on ground water of both the logging
and the planned follow-on housing development, and 4) CDF approved the plan
contingent upon future approval by the U.S. Fish and Wildlife Service of
a no-take of the endangered Northern Spotted Owl precluding public review
of USFWS prior to approval.
Judge Lawrence Antolini of the Sonoma County Superior Court had previously
set aside CDF's approval, agreeing with the Joy Road group on the first three
issues but disagreeing on the fourth. CDF appealed the first three issues and
the Joy road group responded by cross appealing the fourth issue. The appellate
court ruled in the Joy Road group's favor on all counts reversing on the fourth
issue.
The Joy Road Area was one of the areas studied by the County for water scarcity. It was found to be overdrafted as a result of excessive development to the point that residents had to haul water every summer. CDF had contended that fog precipitation from the 100 year old redwoods on the parcel did not significantly contribute to ground water. Dr. Daniel Wickham, a ground water scientist hired by the Joy Road Group, concluded that the proposed logging would result in the loss of 4.3 million gallons of water from fog precipitation during a typical summer. He stated that "fog precipitation is the only water source available during [the summer], and there can be no doubt that a reduction in groundwater recharge of this scale is significant and warrants an immediate rejection of this THP [Timber Harvest Plan].
Notable quotes:The Superior Court chastised CDF for its continued resistance to the dictates of the California Environmental Quality Act, CEQA. The Court stated, "We are not persuaded that the procedure CDF describes ensures meaningful public review and comment." CDF has continued to resist complying with CEQA by advancing increasingly contorted interpretations of settled law. We urge CDF to heed the law as consistently interpreted by the courts of this state, and to commit its time and resources toward the more productive end of conforming its 'process' to comply with CEQA."
Carl Wahl, Coordinator for the Joy Road group commented, "In upholding the appellate court’s published opinion, the Supreme Court of California has sent a clear message to the Department of Forestry that its timber harvest program is in violation of the law. The First District Appellate Court’s decision will hopefully make CDF change its THP program to finally comply with the environmental laws of this state."
Rick Coates, Executive Director of Forest Unlimited, the forest protection group that has been advising the Joy Road group noted, "The Supreme Court has once again repremanded CDF and afirmed that the procedures used by CDF to review logging plans for more than 35 years have been illegal. For 35 years CDF has permitted corporate logging companies to lay waste to California's resources. We hope this decision will halt CDF's delinquent behavior."
Late news:
Lawson's Landing continues
Posted Friday Dec. 15, 2006 -------- The state Coastal Commission granted Lawson's Landing a reprieve from a feared "Cease and Desist" order late Thursday evening. Staffers at the Commission recommened Lawson's can continue pursue permits from Marin County. The permits would allow an upgrade to its sewer system and increase other environmental protections. West Marin environmental activists raised concerns because of receding sand dunes and impacted wetlands. See story below.
The students of Bodega Bay School got an early start to celebrating the holidays and practiced lessons of giving they learned during Generosity Month. The children conducted a canned food drive to contribute to the Bodega Bay Community's efforts to help others. The children and their families donated 35 bags of food and household items which totaled over 440 pounds. Obviously, they learned their lessons.
West County figure Kurt Erickson dies
Posted Tuesday Dec. 12, 2006 -------- Kurt Erickson was born in Pasadena, CA on June 5, 1952 and moved with his family to Schenectady, NY in November 1955. He attended the Burnt Hills-Ballston Lake School system through high school, contending as one of the state’s top skiers in downhill and slalom. Kurt attended the State University of New York at Binghamton, where he supported, and promoted music events on campus. Music and friends brought him to Saratoga Springs, NY to live and spend many an hour at Café Lena, and back porches swapping stories, and music. Travels and life eventually brought him to California in 1974. On the way he hopped freight cars around the country, later using the adventures as fodder for his prolific stories and writings. After living around western Sonoma County in various places, he finally bought acreage on a hill overlooking the town of Bodega. It was there that Kurt settled with his beloved horses and dogs, and tended the garden that he loved to nurture.
Kurt loved the environment and supported it through tireless volunteer work for the Rural Alliance and numerous watershed organizations and land trusts. He could often be found staffing a table for one of these groups at the Sebastopol Farmer's Market, answering people's questions and drumming up more support. One of Kurt's favorite events was the annual Watershed Day at Salmon Creek School, which he enlivened with his connections to the local art and music talent. Kurt was very involved in the local art community and a big supporter of local artists. He worked for a number of years to organize the Occidental Art Co-op and treasured his collection of art by both well known and lesser-known local artists.
Kurt’s parents, Ralf and Margy Erickson of Sunnyvale, Ca, brother Neil Erickson of Milpitas, Ca, long-time friend, Cynthia Rand of Boulder, Co, his golden retrievers, Shane and Buddy and his many friends miss his enthusiasm, positive attitude, and boisterous, infectious laugh.
A celebration of Kurt’s life will be held December 30th 2006, 2-6 PM at McCaughey Hall 17184 Bodega Hwy, Bodega, Ca. One of Kurt’s recent projects was planning for the Salmon Creek Falls Environmental Center at Salmon Creek School where the community resource room is to be named the “Erickson Room.” Donations for Center’s completion can be made in memory of Kurt to Bodega Land Trust, PO Box 254, Bodega, Ca 94922.
Below: Kurt with his dogs at the Bodega Big Event Dog Parade
Followup:
Friends and family packed the Bodega Fire Hall last weekend to remember Kurt Erickson. A common thread ran through the songs, stories, tears, poems, and laughter: Community. Kurt was always out and about doing something to get something done for the community. Kurt's magic in making things happen was compared to the charm and wiles of a leprechaun. In his own special way, Kurt brought people together for a project to listen talk and listen some more before reaching the obvious consensus of "why not?"
One of Kurt's recent projects was planning for the Salmon Creek Falls Environmental Center at the Salmon Creek School where the community resource room will be called the "Kurt Erickson Room". Kurt made the initial phone call to the State Coastal Conservancy that brought Richard Retecki to a Salmon Creek Watershed Council meeting in March 2003. This initiated ideas and eventually money for watershed projects and the school. This month the State Coastal Conservancy Board will vote to approve $750,000 for the construction of the building. A Joint-Use grant for $812,270 from the Office of Public School Construction has already been approved. These joint-use funds are rewarded to encourage the sharing of new multi-use buildings on public schools sites with the community. Bodega Land Trust serves as the non-profit community partner in building the environmental center. The State grant requires matching funds. Community strength is one of Kurt's lasting legacies. Donations towards the Salmon Creek Falls Environmental Center's completion may be made in Kurt's honor in care of Bodega Land Trust, P.O. Box 254, Bodega CA 94922.
Another delay for Harbor View subdivision
Posted Monday Dec. 11, 2006 -------- An appeal of a permit for Harbor View subdivision scheduled for a hearing Tuesday, Dec. 12 was delayed until late January. The appeal was of a final construction permit needed for construction to begin. The appeal concerned a small wetland area near Bodega Ave on the north side of the subdivision. The larger wetland adjacent to Highway One is not the subject of any recent appeal -- though the subject of extensive wrangling and appeals in the past. The small wetland area stopped being a wetland after construction of the roadways and underground utilities five years ago. The developer, the appellante and the biological consultants agree the wetland is not working. How to resolve that problem caused the current delay. The developer elected to find a solution before the hearing on the appeal.
Mike Reilly, Fifth District Supervisor -- the Supervisors will decide the appeal and the underlying permits -- said these biological preserves are not difficult to solve. He expected the developer and the biology consultants to propose a solution and then either bond around the cost of the fix or to complete the fix before the permits are finally approved.
Lawson's Landing fate at the Coastal Commission
Posted Monday Dec. 11, 2006 -------- The California Coastal Commission will decide the fate of Lawson’s Landing at Dillon Beach on Thursday, Dec. 14, 2006. If a “cease & desist” is ordered, many who live there may be left homeless. The meeting will be held at Hyatt Regency Embarcadero, 5 Embarcadero Plaza, San Francisco, CA. The meeting begins on Tuesday, Dec. 12 and runs thru Friday, Dec. 15. The Lawson’s Landing item is scheduled for Thursday and follows several other agenda items. Here is the agenda listing for the meeting:
Item 8. Commission Cease and Desist Order No. CCC-06-CD-15 (Lawson’s Landing – Marin County) Public hearing and Commission action on proposed Cease and Desist Order to direct the owners of properties that are collectively referred to as Lawson’s Landing in Marin County to 1) refrain from performing further un-permitted development activities on the properties, and 2) complete Coastal Development Permit applications seeking authorization to either remove or retain the un-permitted development in order to address un-permitted development, including un-permitted grading, un-permitted fill of wetlands, and the un-permitted placement of trailers, a campground, mobile homes, roads, restrooms, water lines and water tanks, sewage lines and leach fields, a sewage disposal station, sheds, garages, parking lots, a boat house, a snack bar, a shop, a boat mooring facility, boat yard, boats, a laundry facility, and a pier.
The Coastal Commission staff report is recommending the Commission not issue a cease and desist order. Staff says the process of obtaining the needed permits through the Marin County planning process should proceed with some conditions. Lawson's Landing operators have agreed to the conditions. If the commission approves Lawson's operators will continue with the environmental review process in cooperation with Marin County. Coastal Commissioner Mike Reilly said he didn't know if the staff proposal was acceptable to the Marin environmental groups that have been following the Lawson's permit process.
The process of getting permits for the previously “permits not needed” campground has been long and arduous. Marin County has been working on the permits since 1989. Suddenly the Coastal Commission stepped in. That interest stemmed from action by the Environmental Action Committee of West Marin and the Sierra Club. The Coastal Commission appears to be impatient with the permit process of Marin County. The Commission’s interest is to preserve the disappearing sand dunes and the biology of the unique spot.
About 30-35 folks live at the Landing more or less permanently.
The Landing can handle up to 1000 vehicles. This past Thanksgiving the facility
was at near capacity. The Landing has been in business since the 1920s. After
George Dillon built the Dillon Beach Resort in the 1880s the Landing was
the only place to launch boats. About 1909 a 200-foot pier, built of eucalyptus
was built. That pier was maintained and is still in use today.
The Landing is a very popular as a spot for campers from the inland valleys.
They have a rich history of the folks who visit as well as the wildlife of
the area. The cows that wander throughout the campgrounds during the summer
are part of the attraction. The cows were there before the Landing. They have
more info at their website: www.lawsonslanding.com/action-item.htm
Shark bite reported at Dillon Beach
(story and photos in Breaking News)
Posted 1:12 pm, Sunday Dec. 10, 2006 -------- A Sonoma County man was bitten by a shark off Dillon Beach today. Royce Fraley, 43, of Guerneville was attacked while surfing the big surf off shore at Dillon Beach. His board took most of the attack. Fraley suffered three wounds to the groin. The shark was estimated to be eight feet long. Dozens of other surfers were in the water at the time of the attack -- most were unaware of the encounter. Fraley was taken by private vehicle for medical treatment. His wounds were not life-threatening.
Fraley was prone on his board when he felt a swelling pushing up. The shark bit through the board and nicked his groin. Fraley hung onto his board as the shark took him down about 15 feet. The shark let go and he "popped up like a cork."
Captain Rick Wonneberger of Marin County Fire said Fraley and a partner were not very far offshore. -- not as far out as the surfing hot spot known affectionately among locals as "the shark pit." Afterward Fraley recounted his experience with other surfers on shore. Fraley was visibly shaken.
Fraley had a close encounter with a shark several years ago while surfing at the mouth of the Russian River.
Megan Halavais, Bodega Bay, who was attacked by a shark off Salmon Creek Beach last year, said, "I know exactly what he is going through."
Later estimates of size based on tooth marks put the shark at 12-15 feet and 1200 to 2000 pounds.
Click here to go to Breaking News
Tomales High School Boys Basketball win
by Basketball Coach Maurice Weir
Posted Sunday Dec. 10, 2006 -------- After a 72-28 shellacking by Willits in the first game of the Potter Valley Tournament, The Tomales Braves boys basketball team rebounded with solid play to beat Hoopa Valley 53-44. With less than three minutes left and the game tied 44-44. The Braves led by Tyler Dixon and James Self scored 9 straight points to post the win. For the game Dixon scored 21, Self scored 16 and Casey Karlow had 10 pts.
The Braves followed this win with an easy victory in the Consolation Bracket Championship Game, beating Laytonville. 82-36. This brought Tomales record for the season to 5-1.
The scoring leaders for this game were Dixon with 25, Self had 18, Bailey Tucker scored 14, and Karlow made 13. Three players had double figure rebounds: Dixon 23, Karlow 12 and Stirling Weir 10.
Tomales' hopes to keep their momentum going at the Geyserville Tournament Dec. 14-16.
Bodega Bay is represented by three players on the team. Starters Stirling Weir and Lonnie Petersen, and reserve Chris Hansen.
Powerful storm strikes land with 50 mph gusts
Posted 4 pm,Saturday, Dec. 9, 2006 -------- A major Pacific storm headed inland early this afternoon. Point Reyes Lighthouse Visitor Center reported horizontal rain and over 50 mph gusts about 3 pm. By 4 pm gusts at Inverness Ridge weather station were 27 mph. Winds continued to increase. Gusts at Bodega Bay at 4:45 pm were up to 51 mph. So far the past 24 hours had 0.29 inches of rain at Bodega Bay and 0.5 inches at Inverness Ridge.
Annual Food Drive will fill Holiday baskets for local folks
Each year a food, toy and donation drive helps the Bodega Bay Church assemble baskets that are distributed to local folks in need. Donations (food and toys) can be dropped off at the Fire Station until Friday, Dec. 15. Saturday morning all will be taken to the Bodega Bay Church. Volunteers will make up the food baskets on Sunday after church. Volunteers are welcome Sunday afternoon at the church.
Toys should be gift wrapped and marked for boy or girl and appropriate age.
Baskets will be distributed on Monday and Tuesday.
BBCA Candle Fund will also be accepting checks. Checks can be dropped off at the Fire Station, or mailed to POB 338, BB, CA 94923.
Bodega Marine Lab founder Cadet Hand dies
Click for a brief biography of his life and accomplishments.
Click cartoon to visit Cartoon Gallery
