To: Christy Gentemann, Natural Resource Specialist I, Daniel Sullivan, DNR Commissioner for Alaska State, Mark Earnest, Manager Haines Borough, and Jeff Kowalczyk, Manager, Bureau of Land Management
Tell Alaska Department of Natural Resources to deny Haines State Forest land use permit to Alask...
We, as concerned citizens, friends, families of skiers, snowboarders and other interested parties, request that the Department of Natural Resources deny Haines State Forest land use to Alaska Helisking, LLC.
We must act during this time of public comment through March 17, 2013, to prevent issuance of a permit because the Haines Borough has already issued a permit of operation to Alaska Heliskiing for season 2013 contingent on receipt of a DNR permit. This permit was issued in spite of allegations and proven misconduct by Alaska Heliskiing. We believe our appeal to the DNR is the best way to stop Alaska Helilskiing from exposing further clients, and its own guides, to the grave risks demonstrated by their actions leading to the death of client, Nicolay Dodov and guide, Rob Liberman in an avalanche in Haines State Forest on March 13, 2012.
We witness the lack of a unified regulatory agency for helisking in Haines State Forest. This lack of monitoring has allowed Alaska Heliskiing to operate without accountability and consequence.
We ask that the Alaska Dept. of Natural Resources pay close attention to their responsibility, as stated in Appendix X , Item 10 in the department’s management plan, to address Alaska Heliskiing’s operation/safety plan before issuing a permit.
We must act during this time of public comment through March 17, 2013, to prevent issuance of a permit because the Haines Borough has already issued a permit of operation to Alaska Heliskiing for season 2013 contingent on receipt of a DNR permit. This permit was issued in spite of allegations and proven misconduct by Alaska Heliskiing. We believe our appeal to the DNR is the best way to stop Alaska Helilskiing from exposing further clients, and its own guides, to the grave risks demonstrated by their actions leading to the death of client, Nicolay Dodov and guide, Rob Liberman in an avalanche in Haines State Forest on March 13, 2012.
We witness the lack of a unified regulatory agency for helisking in Haines State Forest. This lack of monitoring has allowed Alaska Heliskiing to operate without accountability and consequence.
We ask that the Alaska Dept. of Natural Resources pay close attention to their responsibility, as stated in Appendix X , Item 10 in the department’s management plan, to address Alaska Heliskiing’s operation/safety plan before issuing a permit.
Why is this important?
In March 2012, Nickolay Dodov headed out for a dream adventure with Alaska Heliskiing never to return. On March 13, Client, Nickolay Dodov and heliski guide, Rob Liberman, were killed in an avalanche on Takhin Ridge, northwest of Haines Alaska. We believe this could have been prevented.
Heliskiing is a known, dangerous activity. When critical data concerning weather, terrain, snowpack and safety protocols are ignored the clients and guides are exposed to grave risk.
The Haines Borough has issued a permit of operation to Alaska Heliskiing for season 2013, contingent on receipt of a land use permit from the Alaska Department of Natural Resources. This permit was issued in spite of allegations and proven misconduct by Alaska Heliskiing. We believe this indicates a reason for concern to the Department of Natural Resources.
We, as concerned citizens, friends, families of skiers, snowboarders and other interested parties, request that the State of Alaska Department of Natural Resources, deny Haines State Forest land use to Alaska Helisking given the information listed below.
David Kelly, Regional Manager of Alaska Dept. of Natural Resources, stated that safety regulation is not the concern of the DNR. However, a notation in Appendix X , Item 10 in the department’s management plan, specifies a regular review of an operation plan is to be taken into consideration when issuing a permit. Shouldn’t such an operation plan include a safety plan?
There is no unified regulatory agency. Loopholes exist between the two permitting departments, Department of Natural Resources does not take into account safety regulations and, according to Julli Cozzi, Haines Borough Clerk, “…compliance with the submitted operating and safety plan is not included in the list of permit conditions in Haines Borough code. Alaska Heliskiing was not required to obtain a state permit if its operations were limited to no more than 11 persons per day on state land. This lack of monitoring has allowed Alaska Heliskiing to operate without accountability and consequence as demonstrated by, but not limited to, the following points.
➢ Alaska Heliskiing has broken Alaska state law, Haines Borough code and its own safety plan.
➢ Alaska Heliskiing failed to meet standards set by the Haines State Forestry Plan.
➢ Evidence exists to show daily flights with more people then specified in Commercial Recreation Day Use.
➢ Evidence exists of environmental violation regarding fuel storage.
Julie Cozzi states that there is substantial evidence to indicate that Alaksa Heliskiing was negligent in at least eight violations of permit codes. Guided by Mayor Stephanie Scott, Borough Manager Mark Earnest, and Borough Attorney Brooks Chandler, Cozzi submitted a 15 page memo admitting the truth of a number of allegations presented by the parents of Nickolay Dodov. In summary, there are the following permit violations, operating and safety plan violations and state law violations:
The points listed below are taken from her report.
*see appendix at end of letter stating evidenced allegations not recognized by Cozzi.
➢ Alaska Heliskiing failed to obtain a permit for use of state lands over multiple years of operation.
➢ Failed to submit a detailed accident report to Haines Borough within 72 hours of the incident. The accident report referenced in the operations plan was not filed with the Borough until December 31, 2012.
➢ Failed to submit a mutual aid agreement.
➢ Failed to file a report of employee death with the Workman’s Compensation Board of State of Alaska.
➢ Twice flew out of bounds after the accident, March 15 and 25th.
➢ Posted inaccurate and misleading information on its website relating to guide certification and company safety standards which, according to Cozzi, indicate “… inaccurate statements were specifically intended to attract customers based on false claims directly related to safety."
➢ No snow pit or stability tests were performed at the site where the accident occurred prior to the run. Therefore, there is some truth to the allegation of a failure to evaluate snow conditions.
➢ Possible failures to follow additional requirements of operating plan requiring exercise of judgment as to safety of skiing prior to a run and post-accident procedures (failure to dig test pit or do ski test, failure to transport accident victim directly to clinic).
➢ Possibility that a company employee was guiding customers while under the influence of marijuana.
➢ These violations provided "a potential basis for permit denial," Cozzi said. "Alaska Heliskiing is warned that the above past conduct will be considered in any permit renewal in 2014 and that continuing violations ... may result in permit suspension or revocation.
Cozzi admits several times in her report that she has “…a fairly limited range of expertise to examine details of whether a business operation meets standards for safe operation”, yet she is the responsible authority for issuing permits! Cozzi expressed in her decision that, “A single accident, even one that results in a customer death…… will not automatically result in a denial of a permit renewal application”.
In an industry where much money stands to be made in a very high risk commercial business it seems a travesty that a Borough clerk is in charge of issuing the heliski permits.
We seek a complete investigation of Alaska Heliskiing practices with the desire that such efforts will put in place unified regulation of operation and safety procedures which will prevent further illegal use of Alaska State Forest and further loss of life.
We request that the State of Alaska investigate Haines Borough. The Haines Borough has signed and stamped an outdated permit for five years to Alaska Heliskiing. Haines Borough has allowed five years illegal use of Department of Natural Resources state land for commercial use. Haines Borough must also be held accountable for the misinformation on the permit that state...
Heliskiing is a known, dangerous activity. When critical data concerning weather, terrain, snowpack and safety protocols are ignored the clients and guides are exposed to grave risk.
The Haines Borough has issued a permit of operation to Alaska Heliskiing for season 2013, contingent on receipt of a land use permit from the Alaska Department of Natural Resources. This permit was issued in spite of allegations and proven misconduct by Alaska Heliskiing. We believe this indicates a reason for concern to the Department of Natural Resources.
We, as concerned citizens, friends, families of skiers, snowboarders and other interested parties, request that the State of Alaska Department of Natural Resources, deny Haines State Forest land use to Alaska Helisking given the information listed below.
David Kelly, Regional Manager of Alaska Dept. of Natural Resources, stated that safety regulation is not the concern of the DNR. However, a notation in Appendix X , Item 10 in the department’s management plan, specifies a regular review of an operation plan is to be taken into consideration when issuing a permit. Shouldn’t such an operation plan include a safety plan?
There is no unified regulatory agency. Loopholes exist between the two permitting departments, Department of Natural Resources does not take into account safety regulations and, according to Julli Cozzi, Haines Borough Clerk, “…compliance with the submitted operating and safety plan is not included in the list of permit conditions in Haines Borough code. Alaska Heliskiing was not required to obtain a state permit if its operations were limited to no more than 11 persons per day on state land. This lack of monitoring has allowed Alaska Heliskiing to operate without accountability and consequence as demonstrated by, but not limited to, the following points.
➢ Alaska Heliskiing has broken Alaska state law, Haines Borough code and its own safety plan.
➢ Alaska Heliskiing failed to meet standards set by the Haines State Forestry Plan.
➢ Evidence exists to show daily flights with more people then specified in Commercial Recreation Day Use.
➢ Evidence exists of environmental violation regarding fuel storage.
Julie Cozzi states that there is substantial evidence to indicate that Alaksa Heliskiing was negligent in at least eight violations of permit codes. Guided by Mayor Stephanie Scott, Borough Manager Mark Earnest, and Borough Attorney Brooks Chandler, Cozzi submitted a 15 page memo admitting the truth of a number of allegations presented by the parents of Nickolay Dodov. In summary, there are the following permit violations, operating and safety plan violations and state law violations:
The points listed below are taken from her report.
*see appendix at end of letter stating evidenced allegations not recognized by Cozzi.
➢ Alaska Heliskiing failed to obtain a permit for use of state lands over multiple years of operation.
➢ Failed to submit a detailed accident report to Haines Borough within 72 hours of the incident. The accident report referenced in the operations plan was not filed with the Borough until December 31, 2012.
➢ Failed to submit a mutual aid agreement.
➢ Failed to file a report of employee death with the Workman’s Compensation Board of State of Alaska.
➢ Twice flew out of bounds after the accident, March 15 and 25th.
➢ Posted inaccurate and misleading information on its website relating to guide certification and company safety standards which, according to Cozzi, indicate “… inaccurate statements were specifically intended to attract customers based on false claims directly related to safety."
➢ No snow pit or stability tests were performed at the site where the accident occurred prior to the run. Therefore, there is some truth to the allegation of a failure to evaluate snow conditions.
➢ Possible failures to follow additional requirements of operating plan requiring exercise of judgment as to safety of skiing prior to a run and post-accident procedures (failure to dig test pit or do ski test, failure to transport accident victim directly to clinic).
➢ Possibility that a company employee was guiding customers while under the influence of marijuana.
➢ These violations provided "a potential basis for permit denial," Cozzi said. "Alaska Heliskiing is warned that the above past conduct will be considered in any permit renewal in 2014 and that continuing violations ... may result in permit suspension or revocation.
Cozzi admits several times in her report that she has “…a fairly limited range of expertise to examine details of whether a business operation meets standards for safe operation”, yet she is the responsible authority for issuing permits! Cozzi expressed in her decision that, “A single accident, even one that results in a customer death…… will not automatically result in a denial of a permit renewal application”.
In an industry where much money stands to be made in a very high risk commercial business it seems a travesty that a Borough clerk is in charge of issuing the heliski permits.
We seek a complete investigation of Alaska Heliskiing practices with the desire that such efforts will put in place unified regulation of operation and safety procedures which will prevent further illegal use of Alaska State Forest and further loss of life.
We request that the State of Alaska investigate Haines Borough. The Haines Borough has signed and stamped an outdated permit for five years to Alaska Heliskiing. Haines Borough has allowed five years illegal use of Department of Natural Resources state land for commercial use. Haines Borough must also be held accountable for the misinformation on the permit that state...