Archived News Stories

SUMMER 2009

Elk River Gravel Extraction Threat--Your comments needed thru 8/4

As reported last quarter (see archive), the Brookings-based company Tidewater has applied to remove up to 12,000 cubic yards of gravel from the lower Elk River. KAS testified at a hearing before the Curry County Board of Commissioners on July 21 at 1:30 pm to consider the county permit, which was initially issued in 1987 and has been renewed every 3 years since. In 2006, the planning commission renewed the permit indefinitely. Nearby residents appealed the issuance of an indefinite permit.

At the hearing, the commissioners could have agreed with the planning commission's indefinite permit, or they could have remanded the decision back to the planning commission. KAS argued that the indefinite permit should be revoked, that several things had changed, and that the decision needed to go back to the planning commission for full consideration of current conditions. You can see the link below for our full comments.

At the hearing about 12 people testified in opposition to (or raising serious concerns about) the gravel extraction permit and asked for it to be reviewed fully by the planning commission. Several more sent letters. People who testified and wrote letters were mostly nearby residents on Elk River and concerned citizens from Port Orford and at least one angler who comes to the Elk to fish.

The county commissioners were very gracious and attentive to all speakers. They decided to leave the hearing record open for 2 weeks in accordance with county ordinance so they would have time to read all the comments and evidence. This means that there will be time to send your comments until August 4. You can submit them to the Curry County Planning Dept., addressed to Planning Director David Pratt  (PrattD@county.curry.or.us). Make sure that you indicate that you want your comments to be added to the record for the Elk River gravel appeal case (A-0904/C-8715).

As most of you know, the Elk has the strongest coho runs on the south coast. We are concerned that gravel extraction in the lower river, by destabilizing the riverbed, will impact known rearing habitat for threatened coho and known spawning habitat for chinook and steelhead. By clouding the water with sediments, it could also increase temperature in an area that is already temperature stressed, further degrading coho rearing habitat. In addition, because gravel in the area is currently infested with gorse, the gravel will need to be processed into asphalt on site, per county permit conditions. As such, a new temporary asphalt facility will have to be brought it, but processing gorse seeds into asphalt does not necessarily prevent its spread.

Some locals have said, “But we’ve always taken gravel there!” How do we answer to that?

Emerging science indicates that traditional practices for gravel extraction have had degrading effects when more gravel has been taken than has been replenished. (See Proceedings of the Regional Symposium on In-Stream Gravel Extraction and its Effect on Fisheries, 2006*, and Sediment Removal From Active Stream Channels In Oregon: Considerations for Federal Agencies for the Evaluation of Sediment Removal Actions from Oregon Streams, 2006).

Traditional regulatory techniques of surveying bars for gravel recruitment at the extraction site each year have not taken into account downstream changes in the riverbed and the estuary--key habitats for salmon rearing. These destabilizing impacts may take a long period to become evident since flood events that move gravel on a large scale do not happen every year.

Before the dissemination of this new information, it was widely held that extracting gravel from gravel bars adjacent to and within the riverbed was the best practice because gravel seemed to be a continually renewing resource. This was the understanding of the planning commission at the time that the original permit was granted in 1987 and when the permit was renewed in 2006.

However, new science indicates that the “vertical trend” in a river--the fact that gravels are actually aggrading in the river system rather than at one particular site--must be established prior to permitting of gravel extraction in order to assure that removal of gravel does not negatively impact salmon spawning and rearing habitat.

We believe that new scientific information casts new light on the decision to allow for gravel extraction in known spawning areas for chinook and steelhead and known rearing habitat for coho in the Elk River.

Moreover, testimony at the hearing indicated that gorse seeds are not effectively killed when processed as asphalt. Apparently when the Elk River Road was paved with asphalt from this infested site, tiny gorse plants were dispersed along side the newly paved road for miles. If not for the work of some committed weed pulling volunteers and aspiring Eagle Scouts, it would have been a noxious weed disaster. If making asphalt doesn't prevent the spread of gorse, then this simply may no longer be a viable source of gravel for export to places without gorse infestation.

For more background, please read KAS’s letter to the Corps and KAS's letter to the Curry County Commissioners.

*Proceedings from Regional Symposium on In-stream Gravel Extraction and its Effects on Fish Habitats, 2006 is available on a CD that costs $3 plus $3 shipping and handling. To order this publication please contact Sea Grant:  sea.grant.communications@oregonstate.edu or by phone at (800) 375-9360.

Update on Chetco Gold Dredging--Your help needed!

As most of you know, the Forest Service has been considering a proposal to allow suction dredge gold mining on 26 miles of the Wild and Scenic Chetco River--from high in the Kalmiopsis Wilderness right down to Nook Bar. (Suction dredges are like giant gas-powered vacuum cleaners that suck up gravel to allow for processing; the spoils are returned to the river and create a plume of sediment.) The miner has proposed to helicopter in tourists to mine his claim on the river. Last summer, the Forest Service agreed to allow in-river dredging with a 4-inch diameter hose and a limit of 25 cubic yards of gravel per miner (with no limit on how many miners). They are still considering a larger proposal for suction dredge mining up in the wilderness using an 8-inch diameter dredge and larger volumes of gravel. This action requires an Environmental Impact Statement (EIS) that is expected some time in late summer or early fall.

We are concerned about the impact that suction dredging will have on the “outstandingly remarkable values” for which the Chetco River was originally designated wild and scenic: crystal clear water quality, and the recreational opportunity to catch very big fish. There is some controversy about the effect of suction dredging on salmon. Some say that salmon like the plumes of sediment that turn up food particles. But others, including preeminent fish biologist Peter Moyle, say that the gravel piles left by suction dredgers make attractive spawning sites but then readily wash away because they are so unstable. In California, where suction dredging is more widespread, the legislature is currently considering a ban on suction dredge mining. If a mine goes through in California, we could see more gold miners coming up to the Chetco.

Last summer, Representative Peter DeFazio introduced legislation (H.R. 6727) to address this threat, following-up on a prior Forest Service recommendation to upgrade river segment classifications on approximately 3.5 miles of the Chetco and withdrawing the “Scenic” and “Recreation” segments from mineral entry. The proposed law would require current claims in “wild” segments to be verified and would prohibit new claims.

We had been hoping that he would reintroduce this legislation again in the Oregon Treasures Bill (see below), but he did not. Unfortunately, the delay may give the miner a chance to get established. We understand that Rep. DeFazio remains concerned, but I gather that he has heard more from constituents in other areas. So at this point, we need to write letters and make phone calls to ask Rep. DeFazio and our Senators to introduce legislation to help protect our Chetco River. If you’ve already written a letter, please write another. It may take a concerted push over the course of several months.

Please call or write to Representative Peter DeFazio and ask him to reintroduce his bill H.R. 6727 to protect the Chetco. Please call or write to Senators Wyden and Merkley and ask them to introduce companion legislation to protect the Chetco. [You can go directly to their websites or send your letters by snail mail to Rep. Peter DeFazio/ 2134 Rayburn House Office Bldg./Washington DC, 20515/Sen. Ron Wyden/230 Dirksen Senate Office Bldg./Washington, D.C. 20510 and Sen. Jeff Merkley/107 Russell Senate Office Bldg./Washington, D.C. 20510]

New Bird Protections in Port Orford

On the morning of May 30, a couple of Port Orford bird watchers were shocked to see two people rappel down steep cliffs to a nest. They were concerned about the welfare of baby birds they’d been watching in the nest for weeks. Local police were immediately notified and quickly responded. The case is still under investigation so I’ve been advised to not include more details--so sorry for the cliffhanger (pun intended!), but you’ll have to wait to learn more about what happened.

In the meantime, the Port Orford City Council decided to take the matter into its own hands. On July 2, they passed a new Migratory Bird Protection ordinance that includes a $1,000 fine for harassing wild birds. (There is an exception for nuisance birds that damage property.) This city ordinance is somewhat unique because bird protection is typically regulated at the state and federal level. Please give a big thank you to Mayor Auborn and the Port Orford City Council for passing the new Migratory Bird Protection Ordinance.

Oregon Treasures Bill Introduced

In June, Representative Peter DeFazio and Senator Ron Wyden introduced a new “Oregon Treasures” bill to protect Devil’s Staircase Wilderness, expand the Oregon Caves National Monument, and designate 143 miles of Rogue River tributaries as Wild & Scenic Rivers.

Devil’s Staircase is named for a remote waterfall on Wassen Creek that cuts through 29,600 acres of rugged old growth, just northeast of Reedsport. Oregon Caves--celebrating its 100th anniversary this year--would be increased by over 4,000 acres from its current size of 480 acres. In addition, its unusual underground river--the Styx--would be designated as the nation’s first such Wild & Scenic River.

Finally, designation of 143 miles of Rogue tributaries as Wild & Scenic would help to increase protection for the salmon and steelhead, which depend on cold flows from wild side streams. (Wild and Scenic “designation” encourages federal agencies to manage adjacent lands to protect the rivers’ outstanding values and so protects the riparian corridor from logging and mining). It is hoped that more wilderness designations in the Wild Rogue area in the future will help to further safeguard the Wild & Scenic Rogue River.

Owls and Murrelets Get a Break from WOPR

On July 16, Secretary of the Interior Ken Salazar announced that the Obama Administration would be withdrawing the WOPR, the logging plan developed by the Bush Administration Bureau of Land Management (BLM) for forests in western Oregon. Secretary Salazar said that the WOPR had been based on “a legally indefensible process.”  The plan rested on a highly controversial Spotted Owl Recovery Plan released last year that would have trimmed critical habitat for the declining owls by one quarter.  In developing the WOPR, the BLM held more than 170 public meetings and received almost 30,000 comments --most all of them opposed to additional logging.

“There is broadening agreement that it is time to reevaluate the logging of old growth forests on BLM lands,” said Secretary Salazar. “There is also agreement that logging should not occur in areas that would put water quality at risk, and we should fully consider advances in forestry and increased knowledge of species’ needs over the last two decades.” Salazar underscored that the controversial Spotted Owl Recovery Plan would be revised and that the Department of Interior intended to build on the planning work done by BLM to develop a legal and sustainable plan for timber harvest in Western Oregon.

The Northern Spotted owl was listed under the Endangered Species Act in 1990. It depends on the old growth trees and the large cavities they provide for nesting. The owl’s listing led to cutbacks in federal lands logging in the Northwest and, after much acrimony, to the 1994 Northwest Forest Plan, which allocated public lands for logging and for critical habitat conservation. Unfortunately, spotted owl populations have continued to decline, due in part to increased competition from barred owls, which have become far more common owing to fragmentation of the Northwest’s forestlands.

News about the WOPR followed an announcement in June that the U.S. Fish & Wildlife Service had reviewed the science behind the recovery plan of another local forest denizen, the marbled murrelet. The agency determined that the marbled murrelets in California, Oregon and Washington comprise a distinct population that is still declining and still in need of habitat protection. This reversed a 2004 determination by the Bush Administration that the murrelets in these 3 states were no different than their more numerous cousins in Canada and therefore not deserving of protection.

The marbled murrelet was listed as a threatened species under the Endangered Species Act in 1992. It is a remarkable bird that nests on the broad mossy limbs of old growth trees and then flies to sea each morning to catch fish to bring back to its mate and then to the baby chick. The murrelets used to be so common that loggers called them fog larks. But since 95 percent of old growth forests in the Coast Range have been, the birds have had trouble finding places to nest successfully. In addition, changing ocean conditions may be making it harder for them to find food. Habitat protections are key to protecting the remaining patches of large trees where they can nest near the ocean.

Sudden Oak Death: Curry County Update (by Frank Burris, OSU Extension)

Sudden Oak Death (SOD), the disease caused by the pathogen Phytophthora ramorum, was first detected in Curry County near Brookings, Oregon in 2001 by routine aerial surveys designed to test a protocol for detecting a disease that many thought was likely to invade Oregon from California.  Following this surprising discovery, a Sudden Oak Death Task Force was formed, and it concluded that the every effort should be made to eradicate the disease from Oregon.  Whenever diseased trees were discovered, they were cut down along with a buffer zone of trees around them and the slash was burned on-site to prevent further spread of the disease.  In 2004 an 11 square mile quarantine area was established around the initial infection sites to limit the removal of forest products from the infected area to keep the disease from spreading to adjacent un-infected sites.

The eradication efforts have had mixed results.  The good news is that a few of the initial eradication sites have been declared disease-free.  The bad news is that the disease has continued to spread.  Tanoak, the predominant carrier of the disease, sends out multiple root sprouts after being cut, and the root sprouts of tanoaks in buffer areas have been found to be infected with the disease soon after re-sprouting from the stumps of otherwise uninfected trees.  Despite feverish work from a number of high-level forest and disease scientists, the actual method of spread of the disease has not been identified yet. Phytophthora ramorum has spores that are capable of living and swimming in water, and since the expansion of the disease has been to the northeast from the initial infection sites, scientists strongly suspect that the spores are hitching a ride on strong, wet, southwesterly winter winds.

In 2008, after 5 new infection sites were found up to 2 miles beyond the boundaries of the then 26 square mile quarantine area, the SOD quarantine area was expanded to 162 square miles and, for the first time, included acreage in the South Fork of Pistol River. The rapid expansion of the number of infection sites has placed a strain on budgets and manpower needed to conduct eradication efforts around individually infected trees.  Although State agencies are not giving up looking for resources to help with the eradication effort, they realize that those resources are becoming increasingly scarce during the current economic slow-down, and have begun discussing plans to stop the spread of the disease rather than eradicate it.  If enough of the host species that maintain active infections of the disease can be removed from the forest ahead of the last known infection sites, the spread of the disease further into Curry County might be stopped.  However, this too is a daunting task, requiring resources whose source is not yet clear.

There are numerous private and public landowners that own land in the path of spread of the disease, and, a significant number of them must be willing to participate if the control efforts are to be effective.  Currently, the list of plants that can be infected by or serve as hosts for SOD is well over 100 species, however, control efforts will likely focus on a few species that are especially susceptible to the disease such as: tanoak, black oak, rhododendron, azalea, huckleberry, madrone, and myrtle.  Removal of these species will change the species composition of the forests and alter habitats for many unique species that occur predominantly or only in the Kalmiopsis-Siskiyou Mountain region in Oregon. In contrast, the environmental and social cost of not removing SOD-susceptible species could be enormous if SOD escapes from southwestern Oregon into other areas of the state.

Any further expansions of the range of SOD in Curry County will probably result in expansion of the quarantine area to cover all of Curry County.  This could be devastating to both the timber and nursery industries in Curry County.

Until we figure out how to stop the spread of SOD in Oregon,

• Do not transport oak firewood or other potentially infected plant materials from diseased areas in California to Oregon, or to other areas of the state from diseased areas in Oregon.
• Do not import potentially infected plant materials from Europe.
• If you visit diseased areas, wash your vehicle and shoes before traveling to disease-free areas. This includes mountain bikes ridden in areas with the disease. Pet's feet should also be washed.
• If you see a host plant with suspicious disease symptoms, report it to the Oregon Dept. of Forestry immediately. You may also call a toll-free hotline (1-866-INVADER) to make a report.

Oregon Legislative Report

The 2009 Oregon legislative session closed with new protections for Oregon’s marine ecosystems. House Bill 3013 established 2 pilot marine reserve projects, including Redfish Rocks near Port Orford and Otter Rock near DePoe Bay, and outlined a procedure for developing additional areas in the future. Funding for the first phase will come from New Carissa oil spill monies, but additional funding will be required to implement the full plan.

The news for Oregon’s state forests was not so good. The legislature voted to abandon a Forest Management Plan adopted in 2003 --a compromise developed after years of work by conservationists, counties, and industry--and instead opened up more than 100,000 acres to clearcutting. The existing plan aimed for sustainable harvest and recognized state forests for their values beyond just timber, including water quality and wildlife. The new plan is an unfortunate regression to short-term thinking. Unfortunately, the budget for schools is tied to timber harvest on state forestlands--a system that makes for difficult choices.

House Bill 3089 increased penalties for illegal killing of protected wildlife species. Key provisions will raise civil penalties for the intentional illegal take of birds of prey to $2,000-$5,000 per bird (up from $50). The bill will also allow second offenses to be treated as felonies.

Senate Bill 596 banned the chemical Deca-BDE from use in Oregon. Deca-BDE is used as a flame retardant in many products but is a "persistent bioaccumulative toxin” that has been showing up in everything from human breast milk to the tissues of wildlife species, including peregrine falcons and osprey. Oregon joins 8 other states in prohibiting use of this toxic chemical.

Last updated July 16, 2009