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The area?s former owner, Elk River Timber Company, transferred its holdings to the public as part of the Headwaters deal. The state and federal governments then deeded most of that property to Pacific Lumber Company as part of the overall $380 million compensation package. Timber harvest plan (THP) 1-97-520, submitted by Elk River Timber and approved by the California Department of Forestry (CDF) prior to the exchange, was transferred with the property.
THP 520 covers 705 acres, about two-thirds of the ?Hole,? extending from the ridgetop to the buffer strip along the south side of the river. Review and approval of the plan were highly contentious?concerned citizens, downstream residents, and federal fisheries scientists all voiced their opposition. As a result, the California Board of Forestry and CDF indicated to Pacific Lumber that any amendments to the plan (necessary to comply with the terms of the Headwaters deal) would receive full public and agency review.
Late in 1999, however, the state quietly changed its position. In early February, following weeks of secret negotiations with the company, the state accepted dramatic changes to the plan in the form of a ?minor amendment? that specifically excludes public comment. Among changes to the plan were provisions for deafening helicopter operations and use of a haul road traversing a large landslide. Because the amendment was considered ?minor,? the environmental impacts of these changes were never fully considered. EPIC and Sierra Club filed suit challenging the amendment on March 11, claiming that the substantial changes in the logging plan require environmental review and public comment. On July 10, visiting judge (and former maverick State Senator) Quentin Kopp granted the request for a preliminary injunction, chastising the agency for its attempts to stifle public comment on the amendment. The court required payment of a $250,000 bond as a condition for issuing the injunction; such large bonds have a chilling effect on public interest litigation, and the plaintiffs are reviewing their options with legal experts. (For updates on this case, check EPIC?s website: www.wildcalifornia.org.)
Conservation and fisheries interests hope that the entire watershed can be acquired and added to the Headwaters Reserve. State legislation authorizing the Headwaters deal provided some potential funding for such an acquisition (see related stories). Ideally, the state and Pacific Lumber will resolve this long controversy by permanently protecting the recovering South Fork Elk River watershed as a critical refuge area for wild coho and other rare creatures.
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TOC for Headwaters Update, Summer 2000