Salvage planned for submerged logs in Somers Bay

The Department of Natural Resources and Conservation is taking public comment until later this month on an operation by North Shore Development LLC that would involve the salvaging of logs long submerged in Somers Bay.

The operation, which was initially proposed in 2006 and led to the issuance of a permit by the state Department of Environmental Quality, was put on hold after being brought to the attention of the DNRC, while the legal ownership of the logs was determined in court.

The logs, which were floated down the Flathead River to be milled, sunk in the early 1900's, before they could be removed from the lake and processed at the mill in Somers. According to the DNRC's Kalispell Area Unit Manager Greg Poncin, the logs were abandoned and would have become state property.

"North Shore Development LLC claimed that they had a legal claim to the logs and they were able to obtain a turbidity permit," Poncin said. "They actually salvaged a couple of hundred logs at that time, which they had in shallow water.

"That's when the DNRC was notified and said that we needed to intercede because we own the lakebed. Hence, you need some authorization to do that (conduct salvage operations). We were happy to arrange that, but we needed to work through some things.

"We helped them get those two hundred logs out of the water, but that has been the extent of the salvage to date. The rest of it has been on hold until we sorted through who owned the logs and the appropriate compensation that was to go to the school trust. We have done that, and that's why it took two years to get through that."

According to Poncin, North Shore Development claimed a chain of title going back to the DeVoe Lumber Company, the last of several entities to own and operate the Somers mill. A number of legal proceedings followed, including a district court hearing, which ultimately led to the agreement reached last October.

That agreement allows North Shore Development to salvage any logs bearing the "Circle N" logo used as an identifier for logs that were purchased for and thus owned by the mill.

"I think we're pleased with how that turned out," Poncin said. "It took a while, but we were able to come to a working agreement. We originally thought about doing a percent of the gross that they take out. However, because we were unable to come to terms, we both concluded that we should simply figure out what would be a reasonable amount for authorization to work on state land.

"We're happy with it. They're happy with it and, in the end, that's what's important. We were also both working toward the same end, and that is to facilitate access to those logs, if it can be done without harming the lake or the water resource out there."

The reasonable amount set forth in the agreement, specifies compensation of $21,000 per year for salvage rights, to be paid to the state and placed in the school trust. Jim Cancroft, a spokesman for North Shore Development, said he believed the owners were satisfied with the agreement.

A special land-use license will allow North Shore Development to salvage logs in five-acre operating areas, enabling DNRC hydrologists to more closely monitor the operation and any negative impacts to the lake or water quality. Those five-acre areas must be marked off with buoys that can be easily seen from a distance, thus indicating the location of an active salvage operation.

However, before those operations can take place or a land-use permit issued, the project must undergo an environmental assessment and EPA review. The assessment and project planning will be conducted by the Helena-based consulting firm, Northwest Management, in cooperation with the DNRC.

"Right now, we're just in the MEPA process," Cancroft said. "Hopefully, we're just going to have to write an environmental assessment. The DNRC is taking public comment until the end of the month, and we will incorporate those comments into our MEPA Environmental Assesment. We'll put a document together and hopefully get permission from the state to proceed, along with the necessary land use license."

Fearing that some might take the involvement of an outside consulting firm as an indication of little or no official oversight, Poncin said the DNRC will be highly involved in the process.

"We're working together on it," Poncin said. "Northwest Management will be doing some of the legwork, because they want to get this done, but we-not the proponent-are in control of the environmental assessment process. I will be the decision maker, and we're going to have our specialists out there analyzing how the salvage operations may impact the lakebed and water resource, given the project design. We decided that they will salvage in five acre areas, so that we can control the area they're working in and limit the impacts.

"We will be taking public comment on this proposal through Jan. 28, through whatever means people would prefer to submit, but we would prefer written comment, via e-mail or postal mail. So far, people are mainly concerned about water quality, the effects on fish habitat and compatibility of the project with recreation on the lake. Overall, I've been impressed with the unequivocal support of the project that we've seen."

No public meetings have been planned, at this time. Poncin said if the DNRC determines the need to convene a public meeting, the department will not hesitate to do so and will give notice of such a meeting at that time. He also invited any questions concerning the DNRC's process and said he would be willing to answer such questions over the phone.

Although the logs that were initially salvaged from the lake, in 2006, have been cut and determined to be acceptable lumber, Cancroft said further salvage operations may not resume until the market revives or alternative markets can be found.

"A lot depends upon the market," Cancroft said. "We're looking to find some of the bigger logs, and a lot of the mills on the lake can't even handle that size of log. Of course, the current economy has affected the market, so we might not even start until the market conditions are better. I can see at least starting to get some logs out so that we can show people what we have. What we have are some beautiful logs."