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BEFORE THE REGIONAL FORESTER USDA FOREST SERVICE REGION FIVE ENVIRONMENTAL PROTECTION ) In Re: Appeal of the Record of
Appeal of Fuels Reduction for Community Protection - Phase 1 Record of Decision
1
BEFORE THE REGIONAL FORESTER USDA FOREST SERVICE REGION FIVE
ENVIRONMENTAL PROTECTION
)
In Re: Appeal of the Record of
INFORMATION CENTER, SIERRA CLUB,
)
Decision for the "Fuels Reduction
KLAMATH FOREST ALLIANCE, CALIFORNIA )
for Community Protection - Phase
WILDERNESS COALITION, FOREST
)
1" Project on the Six Rivers
CONSERVATION COUNCIL, CENTER FOR
)
National Forest, Lower Trinity
BIOLOGICAL DIVERSITY, and KLAMATH-
)
Ranger District.
SISKIYOU WILDLANDS CENTER
)
)
V.
)
)
NOTICE OF APPEAL
S.E. "LOU" WOLTERING
)
BACKGROUND
FOREST SUPERVISOR
)
STATEMENT OF REASONS
SIX RIVERS NATIONAL FOREST
)
REQUEST FOR RELIEF
1330 BAYSHORE WAY
)
EUREKA, CA 95501
)
)
Responsible Official
)
)
July 9, 2001
Anthony Ambrose
Diane Beck
Environmental Protection Information Center
Sierra Club
P.O. Box 818
3200 Greenwood Heights Drive
Arcata, CA 95518
Kneeland, CA 95549
Felice Pace
Paul Spitler
Klamath Forest Alliance
California Wilderness Coalition
P.O. Box 820
2665 Portage Bay East
Etna, CA 96027
Davis, CA 95616
Bryan Bird
Peter Galvin
Forest Conservation Council
Center for Biological Diversity
P.O. Box 22488
P.O. Box 40090
Santa Fe, NM 87502
Berkeley, CA 94704
Jay Lininger
Klamath-Siskiyou Wildlands Center
PO Box 102
Ashland, OR 97520 Appeal of Fuels Reduction for Community Protection - Phase 1 Record of Decision
2
NOTICE OF APPEAL
On July 9, 2001, Six Rivers National Forest Supervisor S.E. "Lou" Woltering signed a Record of
Decision (ROD) regarding the Final Environmental Impact Statement (FEIS) for the "Fuels
Reduction for Community Protection - Phase 1" logging Project (referred to herein as Project ),
selecting Alternative #2 described in the FEIS, with minor modifications. Alternative #2, as
modified, proposes to treat fuels on approximately 1,050 acres of the Six Rivers National Forest.
Approximately 850 acres would be treated as merchantable units, where larger fuels would be
removed as a commercial logging product, followed by treatments to reduce the remaining fuels.
Approximately 200 acres would be treated as non-merchantable units, where larger fuels would
not be removed commercially, but fuel reduction activities would occur to reduce fuel loading.
Approximately 0.5 miles of new temporary roads and 1.3 miles of previously used temporary
roads would be used to facilitate the logging. Additionally, 0.6 miles of old non-system road and
0.8 miles of Level 1 Forest roads would be re-opened to facilitate the logging. These roads would
also be used to facilitate post-logging fuels treatment. All new and re-opened roads would be
closed following the logging and subsequent fuels treatments.
Notice is hereby given pursuant to 36 CFR 215 that the Environmental Protection Information
Center, Sierra Club, California Wilderness Coalition, Klamath Forest Alliance, Center for
Biological Diversity, Klamath-Siskiyou Wildlands Center, and Forest Conservation Council
(referred to herein as Appellants ) appeal the ROD and its decision to approve and implement
Alternative #2 of the FEIS for the Project.
Appellants charge that the ROD violates the legal requirements of the National Environmental
Policy Act (42 CFR 4321 et seq.) and its implementing regulations; the National Forest
Management Act (36 CFR 219 et seq.) and its implementing regulations; the federal Clean
Water Act (33 USC 1251 et seq. ); the Porter-Cologne Water Quality Control Act and North
Coast Basin Plan (CWC 13000 et seq. ); the federal Endangered Species Act (16 USC 1531 et
seq.); the Administrative Procedures Act (16 USC 706 et seq.); the Record of Decision for
Amendments to Forest Service and Bureau of Land Management Planning Documents Within
the Range of the Northern Spotted Owl and Standards and Guidelines for Management of
Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the
Northern Spotted Owl ("NFP ROD"); and the Land and Resource Management Plan ("LRMP")
for the Six Rivers National Forest.
The Project will directly, indirectly, and cumulatively affect the Appellants by permitting
resource development activities, including the felling and removal of downed trees and treatment
of activity fuels in the Horse Linto, Tish Tang, Mill, New River (Dyer and Bell), and Trinity
River (Quinby, Hawkins, and Cow) watersheds of northern California. Appellants charge that the
proposed activities will result in significant degradation of the natural environment, constituting
an irretrievable and irreversible commitment of resources, and that the proposed activities will
significantly affect the human environment by reducing the quality of the Appellants experience
in the area.
Appellants charge that the ROD and supporting documentation in the Project record (including
the Draft EIS, FEIS, Biological Assessments (BA) and Biological Evaluations (BE) for fish,
wildlife, and plant species, specialists reports, Horse Linto, Mill, and Tish Tang ("HLMTT")
Watershed Analysis, Transportation Strategy for Lands Northeast of the Trinity River, Forest-
wide LSR Assessment, and Megram Recovery Strategy) ignores and/or fails to adequately Appeal of Fuels Reduction for Community Protection - Phase 1 Record of Decision
3
address significant issues raised by the Appellants. Appellants also charge that the Six Rivers
National Forest, in issuing the ROD, acted arbitrarily and capriciously by failing to examine the
relevant data to articulate a rational connection between the facts found and the decision made,
and by failing to employ the best available scientific information as required by 16 USC 1536
(a)(2).
A brief description of each of the Appellants follows:
Appellants ENVIRONMENTAL PROTECTION INFORMATION CENTER ("EPIC") is a non-
profit corporation dedicated to the preservation, protection, and restoration of biodiversity, native
species, watersheds and natural ecosystems in northern California. EPIC has over 3,000
members, many of whom reside within the watersheds that flow through the Six Rivers National
Forest. EPIC maintains its offices in Humboldt County, California.
Appellant SIERRA CLUB ("CLUB") is a national nonprofit organization of over 700,000
members dedicated to exploring, enjoying, and protecting the wild places of the earth; to
practicing and promoting the responsible use of the earth s ecosystems and resources; to
educating and enlisting humanity to protect and restore the quality of the natural and human
environment; and to using all lawful means to carry out these objectives. The Redwood Chapter
of the Sierra Club has over 9,000 members, many of whom use and enjoy the Six Rivers
National Forest.
Appellant CALIFORNIA WILDERNESS COALITION ("CWC") is a non-profit corporation
working to defend the pristine landscapes that make California unique, provide a home to our
wildlife, and preserve a place for spiritual renewal. The CWC protects wilderness for its own
sake, for ourselves, and for generations yet to come. The CWC identifies and protections the
habitat necessary for the long-term survival of California s plants and animals. Since 1976,
through advocacy and public education, the CWC has enlisted the support of citizens and policy-
makers in its efforts to preserve California s wildlands, including the Six Rivers National Forest.
Appellant KLAMATH FOREST ALLIANCE ("KFA") is a non-profit corporation dedicated to
promoting sustainable ecosystems and sustainable communities within the Klamath-
Siskiyou mountains of SW Oregon and NW California. KFAs Forest Protection Program
focuses on logging and road building practices, protection of roadless lands and key wildlife
habitats, enforcement of Clean Water Act provisions including non-degradation, wilderness and
wild and scenic rivers legislation, forest roads, fire suppression and fire risk reduction, tougher
logging rules, and better enforcement of these rules in order to protect and restore salmon and
steelhead fisheries. The Alliance s home office is in Etna, California.
Appellant CENTER FOR BIOLOGICAL DIVERSITY ("CBD") is a non-profit corporation with
over 5,000 members, and offices in San Diego and Berkeley, California, Tucson and Phoenix,
Arizona, Shaw Island, Washington, and Silver City, New Mexico. The Center for Biological
Diversity is dedicated to the preservation, protection, and restoration of biological diversity,
native species and ecosystems in the Western United States and elsewhere. The Center for
Biodiversity protects endangered species and wild places of western North America and the
Pacific through science, policy, education, and environmental law.
Appellant KLAMATH-SISKIYOU WI