B. Giant Sequoia Groves
1. |
Background: The Parties to
this Agreement state: |
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a. |
The Giant Sequoia Groves in Sequoia
National Forest ("Groves") are a unique national treasure that shall be
preserved. |
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b. |
The goal for the administration of
the Groves shall be to protect, preserve, and restore the Groves for the benefit and
enjoyment of present and future generations. |
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c. |
The Converse Basin area has been
subject of significant timber harvest since the late 1800s. With the exception of
designated areas to be preserved, this area of the Forest will continue to be available
for commercial logging. sequoia mediation agreement, July 1990 - Page 6
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2. |
Implementation: |
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a. |
Interim Protection |
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(1) |
Until a final Grove boundary for
each Grove is determined in accordance with this Agreement, that Grove, based on the most
recent data for the location of giant sequoias, shall be protected, including an interim
500 foot buffer extending from a hypothetical perimeter line around the outermost known
giant sequoias in the Grove. This will be.a no logging, restricted mechanical entry area.
For purposes of this Agreement, the following mechanical/motorized uses only will be
permitted inside an interim or final Grove boundary line: |
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(a) |
expansion of the parking lot at the Trail of the
100 Giants; |
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(b) |
use of existing roads; |
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(c) |
existing use of OHVs on: i) trail #31E56 inside
Deer Creek Grove, ii) trail #31E30 from Belknap to Cedar Slope inside McIntyre Grove, and
iii) any established trails identified by the Forest Service as existing on the date of
this Agreement, with written notice to all parties, provided however, that sequoia
mediation agreement, July 1990 - Page 7
OHV use is subject to final determinations made by the Trail Management Plan;
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(d) |
Management in accordance with approved fuel load
reduction plans; |
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(e) |
use of light equipment to build and/or maintain
trails; and |
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(f) |
use of equipment to fight wildfires (use of
heavy equipment off of existing roads will require Forest Supervisor approval) |
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(g) |
use of battery operated wheelchairs. |
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New mechanical/motorized uses shall
not be automatically precluded within Grove Influence Zones. |
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(2) |
An additional zone of 500 feet,
called the Grove Influence Zone, shall be protected from logging activities inconsistent
with Section B.2.d.(1). of this Agreement prior to the identification of final
administrative Grove Influence Zone boundaries. |
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(3) |
Notwithstanding subsection (2)
above, where no Decision Notice sequoia mediation agreement, July 1990 - Page 8
has been executed as of the date of this Agreement for a timber sale within the Grove
Influence Zone, no logging plans will be approved by the Forest Supervisor within 1000
feet of the hypothetical perimeter line of the Rundel-identified grove until the Forest
Supervisor has determined the Grove and Grove Influence Zone boundaries in accordance with
this Agreement.
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b. |
Grove Management |
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(1) |
Within this Plan period it is
desirable that the Sequoia National Forest shall inventory all giant sequoias (3 feet or
larger dbh) in each Grove by size and approximate location in order to provide a suitable
data base for future protection of the sequoias; the Sequoia National Forest shall request
no less than $40,000 per year in its annual budget request starting FY1992 and extending
through the end of the Plan period for giant sequoia inventory purposes, or until the
inventory is completed. Priority for inventory of Giant Sequoia Groves will be pursuant to
subparagraph (2), below. |
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(2) |
Within this Plan period, the Sequoia
National Forest shall begin to inventory and evaluate each Grove for its fuel load
build-up. Based on this inventory and evaluation, Groves, or parts of Groves, with risks
of catastrophic fire and/or exclusion of new giant sequoia sequoia mediation
agreement, July 1990 - Page 9
regeneration because of unnatural fuel load build-up will be identified and prioritized
for fuel load reduction treatment. Pursuant to this prioritization, the Forest Service
shall begin addressing the Grove fuel load build-up problems during this plan period, with
public participation and planning in accordance with NEPA.
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(3) |
Except as set forth in section
II.B.2.a.(1), there shall be no new road-building, logging or mechanical/motorized entry
(except for entry on existing roads) within the final administrative boundary of any Grove
during the period of time in which the Sequoia National Forest activities are covered by
the 1988 Land and Resource Management Plan. For purposes of this Agreement, prohibited
logging shall mean any logging activity except logging conducted for the limited and
specific purpose of reducing the fuel load in the Groves pursuant to a Grove specific fuel
load reduction plan and Grove specific EIS. The only salvage logging permitted in the
Groves will be that logging permitted and described in the previous sentence. It is agreed
that the methods to be used to remove specific trees from the Groves, as part of an
adopted fuel reduction plan, shall be the most environmentally sensitive available. The
objective of fuel load reduction plans shall be to sequoia mediation agreement, July
1990 - Page 10
preserve, protect, restore and regenerate the Giant Sequoia Groves, without unnecessary
damage to any old-growth trees in the Grove. Any logging component of a fuel reduction
program in a grove shall protect the old-growth pine, fir, incense cedar and black oak
components of the stand. Any tree identified for removal under this paragraph shall be so
identified in the field in consultation with a forester from either the Save-the-Redwoods
League ("League") or the Sierra Club ("Club").
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C. |
Grove and Grove Influence Zone
Boundary Identification Procedures |
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(1) |
The Sierra Club, the
Save-the-Redwoods League, the timber industry ("Industry') and the Forest Service
shall each designate one representative to serve on the Grove Boundary Team. The Team
shall begin to identify final administrative Grove and Grove Influence Zone boundaries
prior to September 15, 1990. The Team shall follow the standards and guidelines outlined
in subparagraph 2 below in determining final administrative Grove and Grove Influence Zone
boundary lines. The Team shall recommend final administrative Grove and Grove Influence
Zone boundaries to the Forest Supervisor by December 31, 1991, subject to paragraph
II.B.2.c.(4). Copies of the recommendations shall be sent to all parties, who shall have
45 days from mailing to submit sequoia mediation agreement, July 1990 - Page 11
comments for the Forest Supervisor's consideration.
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(2) |
Standards and Guidelines for
Grove and Grove Influence Zone Boundary Identification: |
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(a) |
There will be two zones created adjacent to and
external to the hypothetical perimeter line of the outermost known giant sequoia trees in
each Grove. The first zone will be included within the final administrative Grove
boundary. The second zone shall be called a Grove Influence Zone. |
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(b) |
Though Grove identification is a matter of
interpretation, and some adjacent Groves shall be managed as if they were a single large
Grove (as later described in this Agreement), the Rundel Grove identifications in the
Forest Plan are used in this Agreement by name as the basis for Grove and Grove Influence
Zone boundary identification. |
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(c) |
Sequoia Grove boundaries have not yet been
precisely defined. Giant sequoias naturally occur in "scattered" locations
outside of, or on the periphery of, aggregations of giant sequoias consensually recognized
as sequoia "Groves." sequoia mediation agreement, July 1990 - Page 12
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(d) |
The final administrative Grove boundaries shall
be identified to include both (i) the area within a hypothetical perimeter line around the
outermost giant sequoia trees in the Grove, and (ii) a buffer area (which may differ in
size for different groves, as later described) beyond the hypothetical perimeter line
which shall be included in the final administrative boundary of a Grove. |
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(e) |
In determining the hypothetical perimeter line
around the outermost giant sequoia trees in a Grove (which becomes the basis for
identifying the interim protection zone and the administrative boundaries of the Grove and
Grove Influence Zone), the following guidelines shall apply: |
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i) Any naturally occurring giant sequoia (1 foot
or larger dbh) which is located within 500 feet of at least 3 other giant sequoias (each 1
foot or larger dbh), shall always be included within the hypothetical perimeter line;
provided, however, that the Grove Boundary Team may reasonably adjust the perimeter line
for a specific Grove so long as there is a rational basis for the adjustment (such as
topographic features) and all participating team members sequoia mediation
agreement, July 1990 - Page 13
agree to the adjustment.
ii) Notwithstanding subsection (i) above, all giant sequoias consensually recognized as
being included in a Grove identified in the Rundel Grove list used in the Forest Plan
shall always be included within the hypothetical perimeter line. In other words, the
guidelines for identifying the hypothetical perimeter line shall not be used to fragment
the existing groves as identified by Rundel.
iii) Where, as described later in this Agreement, several adjacent Groves are to be
managed as if they were one large Grove, the hypothetical perimeter line, as defined,
shall be a single line around the outermost giant sequoia trees in the complex of Groves,
taken as a whole.
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(f) |
Boundaries shall also be identified for Grove
Influence Zones (which may differ in size for different Groves, as later described), which
shall be contiguous to each Grove. (See Section B.2.d. regarding management of Grove
Influence Zones.) sequoia mediation agreement, July 1990 - Page 14
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(g) |
The parties agree that the Grove and Grove
Influence Zone boundary guidelines are minimum protection criteria. The parties also agree
that management protection such as SOHAs, roadless area management, condor nesting sites,
etc., may provide for protection of areas adjacent to Giant Sequoia Groves which exceed
the minimum protection described below. |
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(h) |
Further, the parties also agree that the types
of management protection such as those set forth in (g) above may also minimize or
eliminate issues concerning precise Grove and Grove Influence Zone administrative
boundaries for many Groves, as well the presence of adjacent National Park, State, Indian,
or private lands. |
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(i) |
Topographical features such as ridges may take
precedence over field distance measurements in finalizing boundaries of a Grove and/or
Grove Influence Zone where such features logically and physically separate giant sequoias
from the general forest. However, man-made impacts such as existing roads shall not
diminish the size of the Grove and/or Grove Influence Zones, unless agreed upon pursuant
to subsection sequoia mediation agreement, July 1990 - Page 15
(k) of this section.
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(j) |
Specific Grove, Grove Influence Zone, and
Isolated Sequoia Tree Standards and Guidelines i) Black Mountain Grove: (a)
The narrow corridor of general forest between the Black Mountain Roadless Area and the
Black Mountain Grove in Sections 1 and 12 will be a no logging, restricted mechanical
entry area. The extension of road 21S12, beyond its intersection with road 21S25 in
Section 1, shall be closed to the public. (b) The balance of the Black Mountain Grove
shall receive a 500 foot no logging, restricted mechanical entry zone outside of the
hypothetical perimeter line around the outermost giant sequoias in the Grove within its
final Grove boundary line and an added 500 foot Grove Influence Zone.
ii) Belknap/McIntyre/Wheel Meadow Grove Complex:
This will be treated as one large Grove in drawing the hypothetical perimeter line of
outermost giant sequoias in the Grove. The Grove Boundary Team may consider a no logging,
restricted mechanical entry zone that would extend north and east to Highway 190. The
other boundaries of the
sequoia mediation agreement, July 1990 - Page 16
Grove shall include a 500 foot no logging , restricted mechanical entry zone outside of
the hypothetical perimeter line of outermost giant sequoias of the Grove within the final
Grove Boundary line and an added 500 foot Grove Influence Zone.
iii) The Greater Evans Grove Complex: The following Groves shall be integrated
into this complex and managed as one large Grove in drawing the hypothetical perimeter
line of outermost giant sequoias in the Grove: Lockwood Grove, Evans Grove, Kennedy Grove,
Burton Grove, Little Boulder Grove, and Boulder Grove. There shall be a 500 foot no
logging, no mechanical entry zone outside of the hypothetical perimeter line of the
outermost giant sequoias in the Grove within the final Grove boundary line and an added
500 foot Grove Influence Zone.
iv) Freeman Creek Grove and Watershed: (a) There shall be no logging and no
motorized vehicle use by the public anywhere in the Freeman Creek Grove Management Area as
shown on the map, Exhibit E. The Sequoia National Forest shall manage this Area as a
Botanic Area.
sequoia mediation agreement, July 1990 - Page 17
(b) All land areas outside of the Botanic Area but within the Freeman Creek watershed,
west of Lloyd Meadow Road, as designated on the map, Exhibit F, shall be managed by the
Regulation Class II, single tree or small group selection uneven-aged management
prescription. There shall be no green timber sales scheduled in the watershed west of the
Botanic Area in this planning period. Existing plantations may be managed; provided,
however, that no management prescription outside and upslope of Giant Sequoias shall
adversely impact the hydrology of the Sequoias. (c) The Freeman Creek Trail from North
Road to the Lloyd Meadow Road shall be designated as Sensitivity Level One.
v) Indian Basin Grove: (a) There will be no logging except for safety reasons in
and near the Princess Campground area south and east of Highway 180, and (b) a 500 foot no
logging, restricted mechanical entry zone outside of the hypothetical perimeter line of
the outermost giant sequoias in the Grove within the Grove boundary plus an added 500 foot
Grove Influence Zone.
sequoia mediation agreement, July 1990 - Page 18
vi) The following Groves shall receive a 500 foot no logging, restricted mechanical
entry zone outside of the hypothetical perimeter line of the outermost giant sequoias in
the Grove within the Grove boundary line plus an added 500 foot Grove Influence Zone:
Bearskin Grove, Big Stump Grove, Deer Creek Grove, Grant Grove, Landslide Grove, Long
Meadow Grove, Packsaddle Grove, Peyrone Grove, Red Hill Grove, Redwood Mountain Grove,
Starvation Creek Grove and Tenmile Grove.
vii) The following Groves shall receive a 300 foot no logging, restricted mechanical
entry zone outside of the hypothetical perimeter line of the outermost giant sequoias in
the Grove within the Grove boundary line plus an added 300 foot Grove Influence Zone:
Powderhorn Grove, Alder Creek Grove, Abbott Creek Grove, Cherry Gap Grove, Mountain Home
Grove and Cunningham Grove.
viii) The six hundred (600) acres of Converse Basin Grove recommended for preservation
(see section B.2.e.(2) below) shall receive a 500 foot no logging, restricted mechanical
entry zone outside of the preservation area.
sequoia mediation agreement, July 1990 - Page 19
ix) The following Groves, and their adjacent areas, are protected because of other
designations and do not require precise boundary determinations for Sequoia Grove
protection purposes: Agnew Grove (Wilderness Area), Burro Creek Grove (to be proposed as
Wilderness), Deer Meadow Grove (protected portion of Agnew Roadless Area), Dillonwood
Grove (to be proposed as Wilderness), Maggie Mountain Grove (Wilderness), Middle Tule
Grove (part Wilderness and part to be proposed as Wilderness), and Silver Creek Grove (to
be proposed as Wilderness).
x) Naturally occurring isolated giant sequoia trees (3 feet or larger dbh) located
inside or outside of the Grove Influence Zones shall be protected by a restricted
mechanical entry within an area equal to at least 2/3 the height of the tree, provided;
however, that only single tree selection logging is permitted in this area, so long as the
giant sequoia tree is protected from unnecessary logging damage.
xi) Naturally occurring giant sequoia trees (under 3 feet
sequoia mediation agreement, July 1990 - Page 20
dbh) located inside of the Grove Influence Zone shall be protected from all logging
operations, including specifically protecting the root system. Every reasonable effort
shall be made to protect naturally occurring giant sequoia trees (under 3 feet dbh)
located outside of the Grove Influence Zone from road construction, cable logging, and
other logging activities. No additional buffer will be required for these trees, though
the Forest Service shall make an effort to preserve them within wildlife clumps, within
other small areas not logged under the regeneration mosaic silvicultural prescription, or
within areas reserved to meet the sera] stage diversity requirements.
xii) Any detached naturally occurring group (10 or more giant sequoia trees with at
least 4 trees with a 3 foot or larger dbh) located outside the Grove Influence Zone, and
not identified by Rundel as included in an existing Grove, shall be given the designation
of "Grove" and given a 300 foot no logging, restricted mechanical entry zone
within the Grove boundary and a 300 foot Grove Influence Zone; provided, however, that the
Grove Boundary Team agrees with this designation. If the Grove Boundary Team cannot
sequoia mediation agreement, July 1990 - Page 21
agree, the unresolved issue shall be submitted to the Expert Panel for its
determination and recommendation to the Forest Supervisor.
xii) If previously unknown Giant Sequoia trees of any size and number outside of the
interim buffer or final Grove boundary are discovered, the applicable Grove boundary
and/or Grove Influence Zone shall be modified in accordance with the guidelines set forth
in this section.
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(k) |
The Grove Boundary Team may reasonably adjust
final boundaries of Groves and/or Grove Influence Zones, subject to final approval by the
Forest Supervisor, either to expand or contract these zones, for a specific Grove, so long
as there is a rational basis for the adjustment (such as topographic features) and all
participating team members agree to the adjustment. |
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(l) |
With the exception of Converse Basin, these
Grove and Grove Influence Zone boundary line standards and guidelines are solely for the
purpose of protecting the Groves and the adjacent areas, and are not intended as a sequoia
mediation agreement, July 1990 - Page 22
"release" or a management prescription for other areas of the Forest, which
shall be managed or protected as otherwise provided in the forest plan and in this
Agreement.
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(3) |
If any logging is planned to occur
within 1,000 feet of any interim or final Grove Boundary, a special written notice shall
be sent to the appellants. This notice shall include a topographical map which
specifically (1) locates the boundary of the proposed cutting unit, (2) locates the.Forest
Service interim or final Grove Boundary, (3) predicts the distance between the two, and
(4) specifies a date and time, no sooner than 30 days, unless otherwise agreed upon, for
the interested parties to accompany the Forest Service into the field to review the plan
on the ground with the objective to resolve differences prior to the preparation of an EA
or EIS. |
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(4) |
If Grove Boundary Team members fail
to reach unanimous agreement on permanent Grove and Grove Influence Zone boundaries for
all Groves prior to December 31, 1991, or within a reasonable time thereafter, if a
specific extended time period is agreed upon in writing by all team members, an Expert
Panel of three people shall be formed. The Sierra Club and sequoia mediation
agreement, July 1990 - Page 23
Save-the-Redwoods League shall appoint one member, the Forest Service shall appoint one
member (acceptable to the timber industry), and the two appointees shall choose a third
Panel member. All should have a background in giant sequoia protection. The Panel will
address itself to each Grove as to which the Team failed to reach agreement. The Panel
will review the maps, the differing opinions of the Team Members, and will go into the
field to review the matter on the ground. The Panel Will make a formal, public written
recommendation to the Forest Supervisor for the boundary line of each disputed Grove. The
Forest Supervisor shall, upon receiving the final recommendations of the Grove Boundary
Team and the Expert Panel (if one is convened), issue a Plan amendment establishing the
boundaries of Groves and Grove Influence Zones.
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(5) |
Except as otherwise provided in this
agreement (see section B.2.e.(2) below, re: Converse Basin), each Grove, with final
administrative Grove boundaries determined as described herein, shall remain outside the
suitable land base. |
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d. |
Complementary Management in
Grove Influence Zones and Outside of Groves sequoia mediation agreement,
July 1990 - Page 24
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(1) |
Within the Grove Influence Zone,
only Regulation Class II, single tree, small group uneven-aged management silvicultural
prescriptions will be permitted both before and after final administrative Grove Influence
Zone boundaries are identified; provided, however, that if a more protective management
designation also applies to the area, or portions of the area (such as streamside
management zones, SOHAs, etc.), the more protective designation shall govern what, if any,
logging activity is allowed in the Grove Influence Zone. |
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(2) |
In all situations where logging or
road construction is planned outside of, but upslope of a Grove, a special written notice
shall be sent to all appellants during initial development of project alternatives. This
notice shall explain fully the action proposed and shall include a topographical map which
specifically (1) locates the proposed cutting unit or road to be built, (2) locates the
Grove boundary, (3) predicts the distance between the two, and (4) specifies a date and
time, no sooner than 30 days, unless otherwise agreed upon, for the interested parties to
accompany the Forest Service into the field to review the plan on the ground with the
objective to resolve differences prior to the preparation of an EA or EIS. The Decision
document for any such activity shall include a sequoia mediation agreement, July
1990 - Page 25
specific finding that the Grove will not be harmed.
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(3) |
The Sequoia National Forest shall
consider Regulation Class 2 helicopter single tree removal for logging operations outside
and upslope of, and in close proximity to, a Grove. |
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e. |
Special Area Designations
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(1) |
The Sequoia National Forest shall
manage the Freeman Creek Grove Management. Area as a Botanic Area. (See further discussion
in section B.2.c.(2)(j)(iv) above). |
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(2) |
The Sequoia National Forest shall
amend the Plan to provide for management of the Converse Basin Grove under Regulation
Class II small group or single tree selection and shelterwood silvicultural prescriptions;
provided, however, that the regeneration mosaic prescription may be used, if appropriate,
in certain limited circumstances (i.e. areas logged since circa 1950). No other
clearcutting will be permitted in the Converse Basin Grove. Such management activity in
the Converse Basin Grove must be pursuant to a plan and EIS that shall, among other
things, (a) allocate the 600 acres previously recommended by the Forest Service for
preservation to preservation management with a buffer, sequoia mediation agreement,
July 1990 - Page 26
and (b) allocate 10% of the remaining (approximately) 2400 acres (240 acres) in the
Grove for preservation and regeneration of Giant Sequoias to replace trees cut at the turn
of the century. This 10% should be chosen in areas where there has been significant
regrowth of the giant sequoia (i.e. areas where 70-100 year old giant sequoias are
abundant), and no designated preservation units shall be less than 40 acres. All giant
sequoias 3 feet or larger dbh in Converse Basin shall be preserved, regardless of any
other permitted logging activity. Small giant sequoias may be cut along with other
species.
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f. |
Regeneration of Cut-Over Giant
Sequoia Groves |
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(1) |
The objectives of regenerating
cutover Giant Sequoia Groves Will be to restore these areas, as nearly as possible, to the
former natural forest condition. |
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(2) |
The Forest shall implement the
regeneration plan required by the Stipulation for Entry of Judgment dated 12/27/89, in. Sierra
Club-v. U.S. Forest Service Case No.CVF-87-263 EDP. |
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g. |
This Agreement and the standards and
guidelines which it contains shall be interpreted liberally, in the event of ambiguity, in
order to sequoia mediation agreement, July 1990 - Page 27
implement the purpose of protection of the Giant Sequoia Groves and Grove Influence
Zones.
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h. |
Research projects may be permitted
if consistent with this Agreement. Research projects are subject to NEPA. sequoia
mediation agreement, July 1990 - Page 28 (page continued in next section) |
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