Joy Road Area Forest & Watershed Ass'n v. California Department of Forestry & Fire Protection
Opinion
lead Opinion
Haerle, J.
I. INTRODUCTION
The California Department of Forestry & Fire Protection (CDF) approved Timber Harvest Plan 219 (THP 219). Joy Road Area Forest and Watershed Association (the Association) 1 filed a petition for writ of mandate seeking to reverse approval of THP 219. The superior court granted the Association’s petition. We modify the lower court’s judgment in two respects, but otherwise affirm.
II. STATEMENT OF FACTS
THP 219 pertains to a heavily forested, 13-acre area located approximately two and one-half miles southwest of Occidental in Sonoma County, on a ridge top adjacent to Joy Road (the THP area). Ninety-five percent of the trees in the THP area are second-growth redwoods, which are approximately 100 years old. The THP area is owned by real party in interest, Harmony Forest & Land Company, LLC (Harmony). The THP was prepared for Harmony by Scott R. Butler, a Registered Professional Forester (RPF), and was submitted to CDF on June 21, 2001.
*664 On or about June 28, 2001, CDF returned THP 219 to Butler for the stated reason that it was incomplete and failed to comply with relevant regulations governing preparation of a THP. CDF identified 35 items that Butler…