Timber company owner says it will not spray herbicides by helicopter in South Beaver Creek, but use ground crews instead

 

By GARRET JAROS/YachatsNews

There will be no aerial spraying of herbicides on 473-acres of clear-cut timberlands in the South Beaver Creek watershed northeast of Seal Rock.

The 86-year-old landowner, Sorn Nymark, walked into Lincoln County commissioners’ offices Monday to hand deliver a letter stating that his company — Ane Forests of Oregon – has heard the public outcry opposing spraying herbicides by helicopter and so will instead rely on crews using backpack sprayers.

“I am a strong advocate for climate and the environment, and I believe that climate change and global warming is the biggest threat to our grandchildren,” Nymark wrote. “I believe that the forest products sector provides a renewable green resource that is vital to our future.”

It is a requirement of the Oregon Forest Practices Act for timberland owners to reforest after a harvest, Nymark wrote, and science has validated that herbicides are an important tool in ensuring that reforested trees will grow successfully.

“Without them, weeds including many invasive species can easily take over and choke out trees,” he said in the letter.

Based on the obligation in the Forest Practices Act that planted trees are “free to grow” the company will move forward with herbicide application, he wrote.

“However, we can offer to do this via ground application rather than by helicopter,” the letter said. “This was large part decided based on concerns over protesters. It will cost us an additional $15,000 to $20,000 to switch to ground application.”

Nymark closed the letter by saying he was open to visiting with commissioners and discussing the issue further, but because of health and privacy concerns he did not want to participate in a public forum.

The company’s notification in early August to use a helicopter to spray the seven parcels in the watershed with weed-killing herbicides alarmed the Seal Rock Water District, many of its customers and residents in the valley.

The district serves 5,500 customers and has a one-year-old raw water intake immediately downstream of the areas to be sprayed. It was notified Aug. 8 that Ane Forests planned to spray by helicopter as early as Sept. 2.

District general manager Adam Denlinger sent an email shortly thereafter to the Oregon Department of Forestry, which manages private forestlands in the state, expressing concerns “that herbicides will be transported by aerosol drift, from the sprayed areas over nearby surface waters” and contaminate the district’s drinking water system.

When district customers and residents who live near the clearcuts learned of the plan to aerial spray a wellspring of opposition quickly formed with the goal of stopping all types of herbicide applications in the watershed.

On Aug. 30, Ane Forests submitted a new notification with the forestry department to use backpack spraying methods on its property, but that also left the door open to still apply herbicides by air. A company consultant said that decision would be left to Nymark.

The hand-delivered letter addressed to county commissioners was the first response from Nymark despite repeated efforts by Denlinger, commissioners and Rep. David Gomberg, D-Otis to meet with him.

While he has a home in Denmark, Nymark also clarified in his letter that he became the president of a Danish seed company in 1975, and it has a company in Halsey that is the largest breeder and exporter of grass seed in the United States.

“Over 30 years ago we invested in a home and property in Lincoln County which we have had since,” he wrote. “I am not an ‘absentee landlord’ as I have been involved as a contributor to this community for decades.”

County response

“Commissioners are grateful for Mr. Nymark’s flexibility and responsiveness to his neighbor’s sentiments, while Oregon law gives him the right to proceed with no adjustment to his original plan,” commissioners said in a statement Tuesday accompanying a copy of Nymark’s letter. “The commission believes this is the best possible outcome in this circumstance, considering existing regulations.”

Commissioner Casey Miller later told YachatsNews that after receiving the letter he emailed Nymark to say he was available to meet at Nymark’s convenience. Miller also complemented Denlinger’s efforts and shared his hopes moving forward.

“Adam (Denlinger) is doing a great job of making sure the bottom line is that drinking water is protected,” Miller said. “But where we go from here is really – my hope is that we all continue to have a community dialogue about forestry practices and in particular herbicide use.”

Water district response

“It is a relief to know that Mr. Nymark has foreclosed the option for now anyway for aerial application of herbicides,” Denlinger said Tuesday.

“We are relieved certainly to know that Mr. Nymark has taken this position on behalf of the community,” Denlinger said. “From what I understand and was identified in the letter is that he’s here, he’s listening to the community, he recognizes that there’s concern and he’s taking this action even though a compromise like this for him is going to be at a cost.”

Herbicides containing glyphosate have been used to prepare ground for seedlings in clearcuts on Oregon forestlands for decades and hundreds of herbicide applications have taken place in Lincoln County, according to the state’s notification records, which have been kept since 2016. There have been 26 completed aerial sprayings in the county since February 2022.

Over the last month the water district has learned that the application of herbicides has been going on for many years, Denlinger said, and that backpack spraying seems to be a safer method — although it still impacts the environment.

“It has less of an immediate impact on drinking water systems as long as the products are applied by the manufacturer’s label,” he said “And as long as the buffers are adhered to in the Oregon Forest Practices Act.”

There have been herbicides sprayed in the watershed in the past but chemicals have never been detected in the water samples collected quarterly by the district, Denlinger said. But that is no guarantee it could not happen in the future, he added.

“But for now, as long as these chemicals are used per the requirements of the Oregon Department of Agriculture and the EPA, when used responsibly, we have to believe it won’t impact the water system. It doesn’t mean the district is not concerned. Any chemicals used in the watershed is concerning.”

The water district plans to build relationships with forestland owners in Beaver Creek watershed so it can stay abreast of what is happening on the land in order to take proactive measures if needed.

Denlinger said he will continue to reach out to Nymark’s company to find out what amounts of chemicals are used and how close they are to tributaries that feed into the South Beaver Creek system and on to the main stem of Beaver Creek.

“And if we feel like there’s a need for additional sampling we will take those steps,” Denlinger said.

The 14-day public comment period that is required to proceed the beginning of any ground spray operations ends mid-day Wednesday so spraying could begin as early as Thursday.

The district will not be stepping up its monitoring beyond its normal quarterly water sampling along Beaver Creek barring any unexpected rain event.

“If we had a heavy rain event immediately following a spray-activity we would probably shut down and sample,” Denlinger said. “Just because with that we could see some runoff from that impact the water system. That potential exists but given the weather window that they have to work in I don’t see that likelihood right now.”

The district plans to monitor the situation closely, particularly by learning when Ane Forests plans to spray. But the company is under no legal obligation to notify residents or the district on its ground spray operations, and thus far Denligner’s requests to the company to keep him in the loop as a professional courtesy have gone unanswered.

“We understand that they have requested that the Oregon Department of Agriculture be onsite for the application, which is a good sign because we are in contact with ODA now so we could potentially receive the schedule information from (them) when it’s going to occur,” he said.

Denlinger said he is “extremely pleased” Nymark has considered the compromise to ground spray at additional costs to the company.

“He doesn’t have to do this and yet he’s doing it based out of concern, according to his letter, and we appreciate that,” Denlinger said. “I hope to be able to meet with him certainly sometime in the future if he is willing.”

• Garret Jaros is YachatsNews’ full-time reporter and can be reached at GJaros@YachatsNews.com

To read Soren Nymark’s letter to Lincoln County commissioners, go here