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Home >> Current Projects >> Industrial Forest Lands >> Litigation on Maxxam/Pacific Lumber's State Permit to Kill >>

Hole in Headwaters

The "Hole in the Headwaters" (aka THP 1-97-520 HUM) is a 705 acre logging plan originally developed by Elk River Timber Company in 1997. As part of the transaction to acquire the Headwaters Reserve, the Elk River Timber property north of Headwaters was transferred to Pacific Lumber, including the approved logging plan.

The South Fork of the Elk River is one of the best remaining salmon streams in California, and many of the most important spawning areas are located directly adjacent to the logging plan. Unfortunately, Pacific Lumber is actively liquidating the remaining private forest in the watershed. In addition to this logging plan, PL has 5 additional logging plans in the watershed, totaling nearly 30% of the area.

Prior to announcement of the Headwaters Deal, conservationists advocated for protection of the entire South Fork of Elk River watershed to create a permanent salmon refuge. Unfortunately, the politicians negotiating the deal only paid lip-service to the concept with a minimal buffer along the river. The remainder of this important watershed, including over 1,000 acres entirely surrounded by the new Reserve, remain available for logging by PL.

Remarkably, despite it's sensitive and high-profile location, Pacific Lumber has insisted on logging THP 520 without bringing it into compliance with the standards agreed to as part of the Headwaters Deal. In March of 2000, EPIC and the Sierra Club sued PL in an attempt to (at least) force compliance with the Habitat Conservation Plan. Through these efforts, PL was forced to amend the plan to make some improvements, but it still does not comply with the provisions of the HCP.

One final obstacle to logging the area came from an order by the staff of the Regional Water Quality Control Board requiring monitoring of the site before and after logging operations to determine how much sediment was entering the river. Unfortunately, while the State Water Board upheld the Regional Board staff's right to issue monitoring orders, on October 18, 2001 the State Board lifted the requirement for preharvest monitoring, clearing the way for PL to begin operations. Tragically, on Tuesday October 23, PL began logging the Hole in Headwaters.

Unfortunately, there are several precedents for acquiring expensive redwood parks, only to have adjacent logging damage the public resources, leading to further acquisition of cut-over lands. Click here for a look back at similar situations at Humboldt Redwood State Park and Redwood National Park.




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