Subject: Comments on Draft Timber Salvage Sale Contract with A-1 Timber Consultants

Transcription

1 Laurie Pardoe From: Sent: To: Subject: Attachments: Peter Hanley Wednesday, April 27, :48 PM Clerks; Dennis Symmons; Bill Roberts Fwd: Comments on Draft Timber Salvage Sale Contract with A-1 Timber Consultants KIB Salvage Logging Comments Rev docx; ATT00001.htm Begin forwarded message: From: Peter Hanley Date: April 27, 2016 at 7:46:28 PM AKDT To: Cc: Scott Bonney Jon And Virginia Eli Rodgers Julie Rodgers John and Moe Jane Williams Happ Bob marilyn Guilmet Stanton Smokey Robertson-Lewis Monique Subject: Comments on Draft Timber Salvage Sale Contract with A-1 Timber Consultants Dear Mayor and Assembly Members, Please find attached comments on the draft salvage timber sales contract with A-1. Before today two draft contracts were in the public record - the first issued April 20 and the second issued a day or two later (the basic difference was that the latter did not have Exhibit D which addressed some but not all of Chiniak resident s comments). I prepared the attached comments completing them yesterday on the April 21 or 22 draft before two more new versions were issued today (apparently related to options for Chiniak Highway access). However, a cursory examination of the new draft contracts indicate that my comments are still relevant to the major contract conditions which my comments address absent the access road issue. Please consider these comments in your deliberations at your working session tomorrow (April 28, 2016). Given the issuance of two new contract versions today, this is totally inadequate time for concerned Chiniak residents to review and comment tomorrow on the latest drafts at your working session. This hurry up schedule is yet another symptom of the Assembly being being beholden to A-1 s completion of its Leisnoi logging schedule and stated imminent departure from the island. With regards to your working session tomorrow, Chiniak residents particularly Mr. Scott Bonney, should be given more than the 3 minutes allowed for public comments. You have been more than generous with representatives of A-1 including Mr. Tom Loushin who have been allowed much more more than three minutes in recent working and regular assembly meetings. A-1 has been able to answer questions and clarify details that have not been allowed for Chiniak residents with respect to their concerns and comments. Further, Chiniak 1

2 residents have not had a seat at the table with KIB staff that has been given to A-1 regarding contract conditions of concern to Chiniak. The KIB Assembly has a duty to thoroughly review and evaluate written comments (as wells as verbal comments) submitted to you including those date April 6 and 18, 2016 submitted on behalf of Chiniak by Mr. Scott Bonney. The comments and questions asked on the salvage logging issue at your meetings on April 14 and April 21 with all due respect do not appear to be based on a review of all these comments. Having said all this, I appreciate your willingness to engage Chiniak residents albeit within the above noted constraints. Sincerely, Peter T. Hanley Peter Hanley Chiniak Highway Kodiak, AK Mailing: Virgo Avenue Anchorage, AK (907) (cell) (907) (Anchorage) (907) (Chiniak) 2

3 Additional Comments on Kodiak Island Borough (KIB) Proposed Salvage Timber Sales Contract with A-1 Timber Consultants (A- 1) No. FY Version on Web Site By Peter T. Hanley Chiniak Highway, Kodiak, Alaska April 26, 2016 General Comments About KIB Contract Review and Decision Process Final Input of Chiniak Residents Along with many Chiniak residents, I greatly appreciate the KIB s willingness to obtain input on your decision for a salvage logging sales contract with A-1 and the conditions that should be placed in that contract should you approve. As the final push to make this decision and conclude a contract (on the clear indication that you will proceed with the sale), the community of Chiniak needs to be afforded more time than the allotted three minutes per citizen at your working meeting on April 28, The KIB has been very generous at its meetings in allowing A-1 to comment and answer questions well in excess of the three minutes. Further, A-1 has had lengthy meetings with KIB staff on a potential contract. Chiniak residents have only been able to submit written or comments. You need to waive this rule on April 28, 2016 to allow Chiniak residents and in particular Scott Bonney to explain Chiniak comments and answer related questions on the draft contract. While I am not representing Chiniak residents, my comments acknowledge testimony and comments made by Chiniak residents on relevant contract issues. Two Contract Versions Which One is Current and to be considered at the KIB Assembly Working Meeting on April 28, 2016? A version dated April 20, 2016 was made available to the Assembly for its regular meeting on April 21, A (subsequent?) version appears on the KIB web site under Assembly Mail April 30. I assume that latter version (which lacks Exhibit D for example) is the version to be the basis for discussion at the working session on April 28, The comments below are made on the latter version. Summary Comments on the Proposed Salvage Timber Sales Contract General Comment 1. Mr. Scott Bonney on behalf of Chiniak residents has submitted additional detailed comments with illustrations on April 26, 2016 which supplement other 1

4 detailed comments submitted on April 6, 2016 and April 18, The KIB Assembly needs to thoroughly review all those comments prior to finalizing a contract. I will not repeat Mr. Bonney s cogent comments relating to such matters as logging road routes and buffers. 2. This contract version has deleted Exhibit D, which addressed a number of concerns of Chiniak residents. The KIB Assembly should closely compare this version of the contract with the prior version to assure those conditions are now included in the main body of the contract since it appears that many of the conditions did not carry forward to this draft. These should be reinstated (with revisions noted previously and below) and include (numbered conditions as in Exhibit D): 1. Retention and Protection of Healthy Non-Merchantable Trees (see comment below) 4. Areas to be preserved for wildlife habitat or other non-salvageable harvest areas 6. Use and reclamation of gravel pits (see comment below) 9. Closure of road accessing Chiniak Highway (the preferred route on Leisnoi lands would presumably be subject to Leisnoi s wishes) 10. Provision of a schedule of operations and prohibition of operations on Sundays and federal holidays 11. Adoption of noise reduction techniques by logging trucks 15. KIB set aside of 10% on net proceeds related to DPO adjustments based on public comments and approved by KIB staff Section and Sub-Section Comments 2. F. Merchantable Timber Chiniak residents requested that all (emphasis added) living trees be preserved not those under six inches in diameter (as the previous version of the contract specified) which is now a minimum diameter of 8 inches in this contract version. Living trees will form an important source of seed for reforestation and may afford some protection to living trees on private property. The KIB should specify preservation of living trees if they comprise the majority of trees in contiguous groups (say 1/12 to 1 acre). A salvage timber sale should not be used as an excuse to harvest living trees. 2

5 3. Paragraph 1 revise to reflect necessary revision to Section 2.F. 10.C. Notice of Violation As noted in previous submitted comments, this section should explicitly mention that this condition includes all spills of fuel and hazardous substances and follow up reports on necessary clean up and remediation. As also noted previously the KIB will inherit the record of environmental performance on its lands. 11.C Slash Disposal A-1 has committed in testimony and comments to the KIB that it plans to remove slash from the KIB land for beneficial re-use which is commendable. However, this condition should codify that this method of disposition of slash is mandatory; this method is left as optional (e.g. may be suitable ) here. Chiniak residents have unequivocally stated that all slash should be removed for the KIB land for a variety of reasons including fire risk, reducing area available for reforestation etc. 11.F Roads Roads and borrow pit requirements should be placed in separate sections. This condition makes no mention of the road routes including most importantly access to the Chiniak Highway (via Leisnoi logging roads) requested by Chiniak residents. This needs to be revised to require the preferred Chiniak community road routing. See the comments submitted by Mr. Scott Bonney. This condition also requires that borrow pits shall not be located within 100 feet of identifiable residential properties. 100 feet is inadequate with respect to noise issues, potential visual impacts and decrease in property values. This should be revised to a separation of 500 feet. Consistent with the desires of Chiniak residents, A-1 has stated that it will rehabilitate borrow pits. However, this condition should be modified to include a requirement that reclamation plans be reviewed and approved by the KIB. H. Fire Missing from this section is a condition requested by Chiniak residents that at risk trees (potential to hit the power line) outside the KEA power line easement be removed and that the contractor consult with KEA accordingly. 11. Q Hours and Manner of Operations The restriction on operations to between 7.00 a.m. and 9.00 p.m. within 500 feet of residential properties should be absolute. Delete reasonably on line 1. Some Chiniak residents with homes adjacent to the highway including myself do not 3

6 want disturbance from logging traffic outside normal business hours. This condition gives A-1 the green light to conduct logging traffic at all hours. At a minimum, the KIB should encourage A-1 to be sensitive to local residents in planning its operations to avoid logging traffic at night and early in the morning. 4