Columbia Riverkeeper v. Oregon Iron Works Inc

Filing 12

CONSENT DECREE, signed by Judge Ronald B. Leighton. (Attachments: # 1 Attachment A)(DN)

Columbia Riverkeeper v. Oregon Iron Works Inc

Doc. 12 Att. 1

ATTACHMENT A

917 SW Oak St. Suite 410 Portland, OR 97205 Phone: [phone] http://www.gptaskforce.org

Brian Knutsen Smith & Lowney, PLLC 2317 E. John Street Seattle, Washington 98112 June 22, 2010 RE: Supplemental Environmental Project, Case No. 3:09-CV-05425-RBL Dear Mr. Knutsen: The Gifford Pinchot Task Force (Task Force) has read the proposed Consent Decree (Case No. 3:09-CV-05425-RBL). Settlement funds received by the Task Force for the proposed judgment will be spent for the purposes specified in the judgment. The funds will be used to support the project as outlined below. The Clear-Lewis Road Removal Project ("Project") is designed to restore natural flow patterns and improve habitat and water quality for winter steelhead, spring Chinook, coho, and resident rainbow and cutthroat trout. The Project will by remove 7.9 miles of failing roads in the Clear Creek subwatershed of the Lewis River basin within the Columbia River basin. The Project will also expand the Spencer Ridge Roadless Area by 3,000 acres which will benefit native fish and wildlife populations. Removing these roads will restore the natural river flow path of 10 perennial streams and reduce road density within the Clear Creek subwatershed by 24% to approximately 1.27 miles/sq. mile. The Project is a partnership of the Gifford Pinchot Task Force, a non-profit organization, and the U.S. Forest Service. The project contains several different roads and incorporates a handful of smaller projects. The portion of the Project which will be supported by this judgment is not funded by congressionally appropriated funds. The Project will achieve critical water quality and habitat benefits. Sediment impacts to native steelhead and salmon populations will be reduced through the removal of unstable roads and 52 culverts. The Lower Columbia River Recovery Plan identifies excessive sediment delivery as a limiting factor on fish habitat in the Lewis River watershed. Removal of these roads is one action in the larger Gifford Pinchot National Forest and the Gifford Pinchot Task Force restoration plans, and these road removals will directly improve watershed conditions by restoring natural hydrologic function and reducing sediment delivery to Clear Creek and downstream rivers, which is also a foundational step in the restoration of the larger Gifford Pinchot National Forest landscape. Project implementation will begin in between July and August 2010 and will continue until the Project's completion, which is likely by the end of calendar year 2011. Settlement funds for the

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Project would be matched with existing Project funds to administer the Project, implement the road removals, and monitor the sites pre- and post-project as requested by the National Oceanic and Atmospheric Administration ("NOAA"). The Task Force will not use any funds received from the proposed consent judgment for political lobbying activities or for Clean Water Act litigation. After the project is complete, the Task Force will submit to the Court, the United States and the parties a letter describing how the SEP funds were spent.

Sincerely,

Emily Platt Executive Director Gifford Pinchot Task Force