RPF Fischer wrote: Buckeye Creek has been analyzed a number of times over the years by experts. Patrick Higgins gathered most of this information. (Page 177 - THP#1-04-030)

I have recently spoken with Patrick Higgins. While RPF Fischer acknowledged Patrick Higgins as an expert, he selectively used Mr. Higgins research results to support conclusions that are very different from those held by Mr. Higgins, himself.

The following is an excerpt from the report written by Patrick Higgins (Consulting Fisheries Biologist 791 Eighth Street, Suite N, Arcata, CA95521 - May 20, 2003(Patrick Higgins (Attached Exhibit 5))

The report was originally submitted as comments to the Artesa conversion (THP) 1-01-171 SON. The report is included here because it deals directly with the same watersheds as the Hansen/Whistler conversion: Little Creek and Buckeye Creek.

Patrick Higgins reported,
"Roads and Cumulative Watershed Effects: The “Technical Support Document (TSD) for the Gualala River Watershed Water Quality Attainment Action Plan for Sediment (CWRCB, 2001)” was recently completed to help abate sediment problems in the Gualala yet it is nowhere referenced in the Plan, which means the Plan did not use the best scientific information available as required under CEQA. The TSD found that roads were a major source of sediment in the Gualala basin. Road densities throughout the basin are well over the recognized thresholds for sediment yield that are likely to cause harm to spawning gravel conditions in areas downstream (Figure 8). The National Marine Fisheries Service (1996) set 2.5 miles of road per square mile as a target for properly functioning condition, while Cedarholm et al. (1981) found the threshold for maintaining salmonid spawning gravel quality to be 1.6 miles per square mile in Washington State. "(Patrick Higgins (Attached Exhibit 5)
 

Figure 8. This chart shows road miles per square mile of Calwater Planning Watershed with a reference line indicating regionally recognized cumulative effects levels (NMFS, 1996). Data from U.C. Davis, I.C.E. (Patrick Higgins (Attached Exhibit 5)

Higgins reports, the Annapolis Calwater has six miles of road per square mile, more than double the level expected to cause problems of cumulative watershed effects (see Figure 9). The erosion from the site needs to be considered with the erosion from existing roads.

As you can see from the chart below Little Creek Watershed is rated at over 8 miles of road per square mile which is 3 times the recognized threshold for sediment yield that is likely to cause harm to spawning gravel conditions in the areas downstream.

RPF Fischer has already established the poor maintenance and sedimentary runoff problems on these roads. He described the road as, poor grading and maintenance practices, the overburdening of culverts and sediment discharge into minor water courses, side-casting of graded material into the inlets and outlets, the excessive berm buildup resulting increased sedimentation (THP #1-04-030 page 173 Evaluation of off-site activities)

Yet he suggests that increased large truck traffic will not result in increased sedimentation on such a poorly maintained road.

15064. Determining the Significance of the Environmental Effects Caused by a Project
(d.)(2) An indirect physical change in the environment is a physical change in the environment which is not immediately related to the project, but which is caused indirectly by the project. If a direct physical change in the environment in turn causes another change in the environment, then the other change is an indirect physical change in the environment. (CEQA)

Studies and substantial evidence to support the conclusion that impacts will be less than significant have not been provided by RPF Fischer.

While RPF Fischer briefly referenced “Technical Support Document (TSD) for the Gualala River Watershed Water Quality Attainment Action Plan for Sediment (CWRCB, 2001)”, he ignored much of the information provided by the document. RPF Fischer did not use the best scientific information available as required under CEQA.

"The primary objective of the Gualala River Watershed TSD for Sediment is to identify and initially quantify sources of sediment delivery in a way that allows a relative comparison of those sources and to provide information required for non point source implementation and planning. A secondary objective of the Gualala River Watershed TSD for Sediment is to identify sediment loading allocations that, when implemented, are expected to result in the attainment of the applicable water quality standards for sediment to protect beneficial uses. The key beneficial uses of concern are associated with cold water fisheries, particularly the coho salmon (Oncorhynchuskisutch) and steelhead trout (Oncorhynchusmykiss) fisheries." .( Technical Support Document (TSD) for the Gualala River Watershed Water Quality Attainment Action Plan for Sediment (CWRCB, 2001)(Attached Exhibit 8))

 
Figure 9. This map shows the Little Creek Road area at the center near Annapolis and high road densities around it. Little Creek Road/Flournoy Road/Brushy Ridge Loop is circled in red. . ( Patrick Higgins (Attached Exhibit 5)

The Hansen/Whistler project contemplates creating even more roads. The Ridgetop Partners project contemplates more roads. The Wilson project has added roads. The Rossler/Zapar conversion has added roads. The Rossler/Zapar conversion also created a large landing right on Flournoy Rd. which is the source of a tremendous amount of sediment. Backhoe work piling brush for the last two summers has pulverized that section of the road creating large volumes of fine dust and winter sediment.
 

Rossler/Zapar landing on Flournoy Road
According to Patrick Higgins, The road density data under-represent actual problems with compaction of soils. They do not include landings, temporary roads and skid trails. The likely effect of wide spread compaction is a change in watershed response, elevating winter runoff and decreasing summer base flows (Leopold and McBain, 1995).

The overall extent of compaction in the watershed and changes in flow basin wide should be considered along with changes in hydrology surrounding Little Creek.

It appears that RPF Fischer and Hansen/Whistler are purposefully underestimating the number of workers and the amount of traffic that will be required to complete the timber harvest, the ground preparation, the planting of the vineyard, and maintenance of the vineyard. I witnessed the illegal timber operation on the Ridgetop property. Work went on for months with crews of workers. I witnessed Ridgetop partners planting their vineyard and saw the crews that were required to plant that vineyard. I have read the THP and Negative Declaration and find most of their projected numbers to be unsupported speculation and quite hard to believe.

The Wildwood CC&Rs prohibit commercial activities. The CC&Rs for Little Creek Road properties prohibit commercial activities.

I do not believe that the Wildwood Road Association has any obligation to bring the residential roads into compliance with CEQA and the Forest Practices Act.

However, isn’t it the responsibility of Hansen/Whistler, when applying for a THP/conversion, to bring the access roads into compliance with CEQA and the Forest Practices Act?

RPF Fischer does not suggest any reasonable mitigation for this issue of increased sedimentation due to increased commercial road use because there is none, short of requiring Hansen/Whistler to substantially upgrade the road.

Patrick Higgins addresses sediment issues on Buckeye Creek and its tributaries.

"Sediment Issues: Headwaters of Grasshopper Creek, a tributary to Buckeye Creek, flow from part of the THC/THP. Knopp (1993) found that pools in Grasshopper Creek were approximately 60% filled with sediment (Figure 4), indicating advanced cumulative effects and sediment impairment. Knopp (1993) found high correlations between watershed disturbance and pool filling. The Gualala TMDL suggests a target of 0.21 for V* or roughly 20% filled with sediment.

The sediment in Grasshopper Creek and other Gualala River tributaries is largely a result of human caused disturbance (CWRCB, 2001), including timber harvest and road building. The Gualala Basin as a whole has numerous sub-basins that have very high timber harvest rates between 1990 and 2001 (Figure 5). Reeves et al. (1993) found that timber harvest in Oregon coastal basins over 25% of a watersheds area caused loss of aquatic habitat diversity and loss of diversity of Pacific salmon species. Similar patterns are clear in the Gualala basin, as pools have filled in (Knopp, 1993) and coho salmon have been all but lost (CDFG, 2002). The Plan acknowledges that 37% of the Annapolis Calwater Planning Watershed has been timber harvested between 1990 and 2001, but fails to acknowledge the consequences of such activities (Figure 6). "(Patrick Higgins (Attached Exhibit 5)

Please Note: Grasshopper creek enters Buckeye Creek very near where Little Creek enters Buckeye Creek.

Figure 5 (shown on page 14) shows approximately 35% of Little Creek watershed had been harvested over 10 years. This figure did not include the recent conversions and logging activity. Much of Little Creek runs underground due to heavy sedimentation.

RTP Fischer states on page 294 THP#1-04-030, “This ridgetop property drains into both the Little Creek watershed and the Buckeye Creek watershed via class III and class II watercourses that originate off the property. A portion of the plan drains into a class III watercourse that originates near the southwest corner of the property and another that originates below a culvert that drains Brushy Loop road on the northern boundary. The remainder of the plan does not drain on the surface within the property.”

RTP Fischer states on page 178 THP#1-04-030, “However, bank cutting and mass wasting is more common in the class II and III tributaries which are narrow, have steeper gradients and were often used as skid trails in the past and thus carry fairly heavy sediment load.”

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