Northcoast Notes

This page is devoted to Northern California environmental, wetlands, rivers & in stream mining information and issues - some information is duplicated from the Wetlands, Rivers & Mining page.

1992 Mad River MOA	Army Corps Letter of Permission, Humboldt County
Humboldt County Rivers Fishery Report	1998 CHERT Report
CA Vested Rights Law by M. Harrison, esq	Mad River Operators New Evidence
Tulloch Rule Case	New Evidence & EIR Recirculation

AGENCY LINKS - N CA Links to US, State & Local Agencies
CONSULTANT LINKS - N CA: ENGINEERS, SURVEYORS & GENERAL PERMIT ASSISTANCE: Streamline Planning Consultants - Pacific Affiliates AERIAL PHOTOGRAPHY: Birds Eye View WILDLIFE & BIRDS: Mad River Biologists 707- 822- 6393 FISHERY BIOLOGIST: Natural Resource Management Corporation HAZARDOUS SITES: Environet Consulting RiverScene.com
Return to - Wetlands, Rivers & Mining Page -- Environmental Law Pages

Northcoast Notes

Tulloch Rule Case Challenged Army Corps Jurisdiction -
Federal Appeals Court Affirms Mining Company Decision

The Tulloch Rule case, challenging the extent of Army Corps of Engineers' jurisdiction over instream mining, has created a lot of controversy in Humboldt County over the last year.

The original case, often referred to as the "Tulloch Rule" case, was originally decided in the lower US District Court, Washington D.C. on behalf of the plaintiff mining companies. The appeals case, "Tulloch Rule 2," was 'taken up' on appeal by the Army Corps. The appeal was decided in June, 1998 [see Tulloch 2].

To better understand the case & to understand that the case does not take away Army Corps jurisdiction -- take the time to read it. Mining operations will still be subject to traditional Army Corps jurisdiction over fills and discharges, like stockpiles. In Wild & Scenic Rivers the national exemption program is not always applicable, so even summer bridge crossings and the incidental aggregate piles may come under Army Corps jurisdiction.

Because of these legal facts and because of the operators strong desire to eliminate controversy and establish that they were not harming the environment, over the last several years the major operators on the Mad, Eel, Smith, Van Duzen, Mattole, and parts of the Trinity River in Del Norte & Humboldt Counties worked with the Army Corps. They worked with the Army Corps to create a Letter of Permission that implements sound environmental management and review practices in those rivers. The goal is to harmonize economic need for aggregate (there are no developed alternative sources for materials in these counties because of geological conditions) and environmental protection. Operators have worked on enhancement and fisheries restoration projects as part of their efforts to protect the public interest in the river resource. Without the LOP the operators would have to enter into a Section 10 consultation and review process with the National Humboldte Fisheries Service, as the Section 7 consultation which has already been completed would be voided. (See the article on Section 7 and Section 10.)

Army Corps on the Internet

The Northern District Headquarters of the Army Corps of Engineers has posted a web page with information on the regulatory branch' programs and activities. This is an excellent source of information for those who are already subject to Army Corps reviews or who will be applying for Army Corps 404 permits in the future.

Please note that applying for a federal Army Corps' permit triggers a review of a project under Section 7 of the Endangered Species Act. We have attached a legal analysis of the Section 10 Habitat Conservation Plan and Section 7 consultation processes under the ESA to this page, click here to go to that article.

To go to the Northern District or National Corps' web pages click the icons:

National	CA Northern District

The Humboldt State University Library has on-line services for gathering background information on the local rivers and links to the University of California at http://library.humboldt.edu

The State Board of Mining & Geology has posted its web pages. These pages include a lot of useful information and links. See the model SMARA ordinance and reclamation plan.

The California Department of Water Resources has posted web pages on the NET. Pages include pages that depict the flow and other conditions of California's rivers. To see the pages click here.