Pacific Lumber Logging Restricted in Freshwater and Elk River

Humboldt County, CA - The North Coast Regional Water Quality Control Board has taken action that will significantly reduce Pacific Lumber's (PL) rate of harvest in Freshwater and Elk River watersheds this winter. On Monday, representatives of the Humboldt Watershed Council, EPIC, the Sierra Club, and residents of Elk River traveled to Santa Rosa for the RWB's meeting. On the agenda was an item to consider permitting for PL's timber harvest plans in Freshwater and Elk River for 2005.

Last December, the Regional Water Board (RWB) had directed their staff to draft watershed-wide waste discharge requirements (WWWDRs) for PL's operations in Freshwater and Elk River, to go into effect in 2005. Throughout the year, RWB staff had been in communication with PL as to what information they would need from PL in order to draft the permits. In June, the RWB ordered PL to provide the neccessary data, but PL missed the deadline. Twice the deadline was extended, and twice more PL failed to comply. PL’s repeated delay made it impossible for the Board to process the WWWDRs in time for PL to start operations on January 1st. This means that they would not be able to operate in Freshwater and Elk River until Late February, or perhaps even March.

The Staff Report for the meeting explained the reason for PL's delay: “In ensuing discussions, PALCO made it clear to staff that it did not wish to provide the missing information concerning landslides and harvest history because PALCO did not want staff to use that information to develop and recommend a permit structure that could have the effect of limiting PALCO's rate of harvest.”

PL sent a letter to the RWB asking the Board to simply put all of their Timber Harvest Plans (THP) for the two watersheds under the General Waste Discharge Requirement (WDR) to provide "interim" coverage until the WWWDRs could be approved. The Board asked how many THPs they would need just to get by in the interim, and PL, no surprise, said "All of them." That would have included a total of 22 THPs (11 in Freshwater, 11 in Elk River.)

RWB staff presented the Board with 3 options. Option A would continue on the current path to develop WWWDRs, without granting any special interim coverage. Option B would enroll all of PL’s THPs into the General WDRs, as PL had requested. Option C would enroll some particular THPs into the General WDRs, provided they meet certain terms, while continuing to develop the WWWDRs. The Humboldt Watershed Council recommended Option A, for the reasons that the lack of permits was a problem of PL's own making, and that PL's THPs did not meet the necessary conditions of the WDR.

After presentations by staff, PL, and the public, the Board chose a modified version of option C. Under this plan, PL may be limited to as few as 3 THPs in the two watersheds, until such time as the WWWDRs are approved. The remainder of PL's THPs would not be eligible due to the fact that the Water Board had non-concurred on their approval by the California Dept. of Forestry (CDF). Those non-concurrences had been due to sediment discharge related to rate of harvest. This means that for PL to get permits for those THPs, they would first have to resolve the nonconcurrences, which means they would have to accept the Water Board's curtailment of their excessive rate of harvest.

This is a significant step in providing long-needed relief for these watersheds and their residents. Of course, there is always another hand to play, and we will see how this all plays out in the coming months. For now, though, this is a giant step in the right direction.