Forestry Program

THP 1-01-222 HUM

The registered professional forester responsible for this plan objected to preparing a complete botanical survey.  The Director of the California Department of Forestry and Fire Protection (CDF) denied this plan on November 15, 2001, citing the fact that the plan "... does not contain sufficient information to determine impacts to botanical species."

The plan's denial was appealed to the California State Board of Forestry (BOF) on January 9, 2001.  The CNPS Forestry Program and the Dorothy King Young Chapter both wrote letters supporting denial of the plan.  Voting 4-1, the BOF upheld denial of this plan.

The crux of the appellant's argument is contained in the 1/8/02 letter, and in the 2/21/02 administrative complaint by William Apger, attorney for the timberland owner.  First, Apger contends that DFG must perform the botanical surveys at DFG's cost.  Second, based on the Native Plant Protection Act (NPPA) and citing the 1998 Attorney General's decision, that the timberland owner is not required to provide notice to CDF or DFG of the presence of rare plants on the timberland.

• 8/3/04 - CNPS Comment Letter to CDF
• 12/27/02 - Superior Court of Sacramento ruling on Weburg v. BOF
• 10/4/02 - Amicus Curiae Brief of California Native Plant Society
• 2/21/02 - William Apger, attorney for the appellant, files an administrative complaint, asking that, "CDF discontinue its practice of requiring botanical surveys as a condition of approval of harvesting plans."
• 1/10/02 - The BOF upholds denial of the plan.
• 1/9/02 - Donald Weburg, the timberland owner requests the BOF to reverse denial of the plan.
• 1/8/02 - William Snyder of CDF presents the Department's case for upholding denial of the plan.
• 1/8/02 - William Apger, attorney for the timberland owner, requests the BOF to reverse denial of the plan. (Exhibit A, Exhibit B)
• 1/7/02 - CNPS Forestry Program supports denial of the plan.
• 1/7/02 - Dorothy King Young chapter of CNPS supports denial of the plan.
• 11/15/01 - William Snyder of CDF announces the Director's decision to deny the plan.
• 11/14/01 - Stephen Launi, RPF for the plan, cites various codes to support his contention that CDF is incorrect in denying the plan and informs CDF that he believes he can start operations.
• 11/13/01 - William Snyder of CDF informs Stephen Launi, RPF for the plan, that he is recommending denial of the plan.
• 9/21/01 - Stephen Launi, RPF for the plan, continuing to argue that proper botanical surveys need not be conducted.
• 8/28/01 - Stephen Launi, RPF for the plan, refuses to conduct botanical surveys.
• 8/8/01 - Pre-harvest Inspection Report noting inadequate scoping for sensitive plants.