Archived News Stories

FALL 2009

Elk River Gravel

In late August, the Curry County Board of Commissioners (BOC) voted unanimously to rescind approval of the 2006 permit for gravel mining on the lower Elk River. That permit had been initially granted in 1987 and then was made indefinite in 2006 though no proper notice was given. Based on that permit, Tidewater Contractors proposed to remove up to 12,000 cubic yards of gravel per year. Kalmiopsis Audubon joined Elk River landowners and Oregon Shores in arguing that conditions had changed that made it crucial for the whole permit to be considered anew. Key changes include new scientific understanding that taking too much gravel from a river could be harmful to salmon and that heating gravel to make asphalt does not kill gorse seeds successfully. At this point, the applicant will need to apply to the county for a new permit with the understanding the application will be reviewed by the planning commission under the conditions and codes of 2009. Thanks to KAS members who took time to mail in comments and to attend the hearing. Together we made a difference!

Copper Salmon Wilderness Finally Dedicated and Celebrated!

After years of asking you to write letters and reporting again and again that we were getting closer, I am extremely pleased to tell you that Copper Salmon Wilderness is now completely a done deal. On August 18, a lively group of citizens gathered near Butler Bar on the Elk River for the dedication ceremony. Mary Wahl, representing the Wahl family, was the master of ceremonies and gave an inspiring talk about how people in the Elk River watershed have turned worn-out stereotypes about ranchers, loggers, and environmentalists on end--and have been working together to accomplish conservation. Congressman Peter DeFazio spoke about how glad he was to have help make Copper Salmon a reality after 20 years of local effort. Senator Wyden’s representative Michelle Miranda read a letter with his enthusiastic good wishes. Port Orford Mayor Jim Auborn spoke about how the new wilderness tied in with local efforts to conserve marine habitats with the new Redfish Rock Marine Reserve. Friends of Elk River’s Jim Rogers recounted the story of the wilderness campaign, and Jerry Becker led the group in a celebratory whoop! Local musician Steve Montana wrote and performed a special song. It was a gorgeous day and a fitting celebration for such an important conservation accomplishment--the permanent protection of the Elk River’s headwaters.

Chetco Gold Mining Threat Grows More Urgent-Your Help Needed!

In August, the California legislature passed a ban on suction dredge mining in California rivers pending a state environmental review of the impacts of dredging on salmon. (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.) This bold move on the part of California legislators and Governor Arnold Schwarzenegger could result in greater protection for the golden state’s rivers and their at-risk fish runs. But it’s bad news for Oregon’s rivers. Already California suction dredgers have been coming up to mine Oregon’s rivers in droves. With gold prices topping $1000 per ounce, our Chetco River is particularly vulnerable.

As most of you know, a Washington miner submitted a proposal to mine 24 miles of claims on the National Wild and Scenic Chetco River--from high in the Kalmiopsis Wilderness right down to Nook Bar. The miner, David Rutan, already has a ten-year agreement with the Forest Service that allows him to mine the 17 miles of Chetco outside the Kalmiopsis Wilderness with certain restrictions.  With this in hand, he’s now announced he’s invited miners from California mining clubs, including the New 49ers, to come up and mine the Chetco in 2010—from the Wilderness boundary downstream to Nook’s Bar. (Check out the website for yourself: (http://crme.webs.com).

We are concerned about the impact that suction dredging will have on the nationally “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.

Last summer, our Congressman Peter DeFazio introduced legislation (H.R. 6727) to address this threat. It’s based on a prior Forest Service recommendation to upgrade river segment classifications on approximately 3.5 miles of the Chetco and would withdraw the “Scenic” and “Recreation” segments from mineral entry. Congressman DeFazio’s legislation provides additional needed protection for the Chetco. It would require the mine owner to demonstrate his claims are “valid” and meet all the requirements of law before any mining could occur and would prohibit the filing of new claims. It would not affect Mr. Rutan’s valid existing rights.

Rep. DeFazio has said he would reintroduce this legislation but he has not yet taken action.  With the ever-increasing threat of mining on the Wild & Scenic Chetco River, time is of the essence. PLEASE write or call and urge him to reintroduce his bill, H.R. 6726, soon to help protect our Chetco River and so instream suction dredge mining doesn’t become established here.

If you’ve already written a letter, please write another or ask a friend or spouse to write one. And if you can think of a local Curry County organization that would support this legislation, please call or email me and let me know. We need to get more local organizations, especially in Brookings, on board, to convince Rep. DeFazio that this is important to local people.

Also, 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]

The Forest Service is still considering Mr. Rutan’s proposal to mine miles of existing claims on the Chetco within the Kalmiopsis Wilderness. This action requires an Environmental Impact Statement (EIS). In the last Storm Petrel we reported that the Forest Service would be asking for comments on the proposal this fall.  However, the EIS process has been delayed. I will let you know when it is available for comment.

Thus far, I’ve tended to think of suction dredge mining as something that happens on the other side of the Coast Range. We need to keep rivers on our side clean and healthy for fish!

Rogue River Gravel Proposals

On September 23, the Curry County BOC voted in favor of Tidewater Contractors, allowing them to expand their operations at Wedderburn in the Rogue River estuary in an area zoned for Natural Estuarine Protection. Does this case sound familiar? It’s because we’ve argued it several times before! The last BOC voted against it, and then, rather than appeal to LUBA, Tidewater decided to try again with a new BOC. This time around, the planning commission voted against the proposal, but then the new commissioners voted to allow the expansion. The case hinged on how particular tax lots were zoned-- for Natural Estuary or for Estuary Conservation, which still allows gravel removal as a conditional use. The ambiguity of zoning maps made the decision difficult. In making a judgment call in favor of the contractors, the BOC recognized that the local land-use permit is just one of several that Tidewater must obtain.

Because the estuary of the Rogue River is important habitat for fish and because there is mounting awareness that mining by Tidewater has already caused degradation and shallowing of the estuary, we will be joining Oregon Shores and the Curry Sportsfishing Association in appealing this case to the Land-Use Board of Appeals (LUBA). Though common sense suggests that expanded gravel mining in the Rogue estuary is not a good idea, this is one of those cases where the legal details will govern the outcome. Clearly we need a better vision for how to restore and manage the Rogue River estuary. The Rogue deserves better than haggling over details of what was allowed more than 20 years ago to set its future fate.

The BOC’s decision on Tidewater’s proposal to start new gravel extraction operations upstream at the old mill site on Jerry’s Flat Road is expected soon. Check back here for an update.

Destination Resort Planning Comes to Curry County

In mid-October, Oregon Shores and 1000 Friends of Oregon held workshops in Gold Beach and Brookings about the “Destination Resort Planning Process” that is now underway in Curry County. The process has been initiated by a proposal that many of you have probably read about in the newspaper to develop a destination resort on the Crook Ranch south of Crook Point and adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge (NWR).

A “destination resort” (DR) is a particular kind of development that is self-contained (that means there is a restaurant and lodging on site so guests come and don’t leave) and that offers developed recreational amenities, such as a golf course. State land use law currently requires that counties identify appropriate places for such resorts before applications for development can be considered.

At the workshop, we saw the County’s draft map of potential DR sites, which included not only the Crook Ranch but also the Sweet Ranch at the mouth of Sixes River across from Cape Blanco State Park, several sites along the lower Rogue River, and several more. Although there are no proposals other than the Crook development known to be in the wings at this time, the map and DR ordinance will lay the groundwork for how destination resorts will come to Curry County.

Greg Holmes of 1000 Friends of Oregon spoke about how the DR law has failed in eastern Oregon and shared some examples of DRs that had become sprawling suburban developments with bankrupt and empty resorts in the middle.

At the workshop, County Planner Dave Pratt also spoke. He said just because a site gets onto the map doesn’t mean that it will become a destination resort. There will be many other requirements that applicants will have to meet. That’s why the accompanying ordinance will be very important.

KAS will participate in the DR planning process, which is happening rather quickly. Already, on Dec. 3, the Curry County Planning Commission will consider the draft map and ordinance. Only after the map and ordinance are officially adopted can the county consider specific DR proposals.

Although I have not yet seen the specific proposal for Crook Point Resort, I know KAS will have concerns about how such a development will impact birds at the adjacent Crook Point Unit of the Oregon Islands National Wildlife Refuge. The cluster of just-offshore islands here hosts the second largest breeding colony for seabirds on the Oregon coast. The islands have soil and grass that provide unique habitat for birds that nest underground in burrows, such as Tufted Puffins and Leach’s Storm Petrels. Because the islands are so close to land here, the nesting colonies are highly vulnerable to disruption by people walking on the beach, by lights at night, and by corvids and other predators attracted to the area by resort-generated trash. That’s why the NWR is closed to visitors, but it would be difficult to keep people out and to avoid other problems if a resort is built right next-door. The developers of the Crook Point resort have been doing a lot of PR work in Gold Beach and Brookings, promising to apply for their permits and to start turning dirt very soon. But there remain many questions to be answered--not only about birds and wildlife but also about water and economics beyond the predictable boosterish din.

Port Orford Dark Sky Project

The Port Orford Planning Commission (PC) has developed a draft Dark Sky Ordinance to implement the city’s dark sky policy. The ordinance is on the PC’s agenda for public comment on Nov. 10. For more information about the Port Orford Dark Sky Project, check out the KAS website, or contact Al Geiser at 332-6720.