Posts Tagged ‘Elliott State Forest’

Nov29

Small Seabird Stops Logging, Again

November 28, 2012 
 
By Camilla Mortenson, Eugene Weekly
 
Is a small, speedy potato-shaped seabird the new spotted owl? If it wasn’t already clear before: Clearcutting on hundreds of acres of coastal old-growth forests that are habitat for the threatened marbled murrelet is definitely at a standstill, this time thanks to a Nov. 19 ruling by federal Judge Ann Aiken in Eugene. 
 
Conservation group Cascadia Wildlands had previously announced the voluntary cessation of logging in marbled murrelet habitat in the Elliott State Forest by the Oregon Department of Forestry (ODF) in response to the lawsuit Cascadia Wildlands and others had filed. One timber sale in the Tillamook State Forest had also been suspended, according to Kevin Weeks of ODF.
 
Weeks says ODF pulled a number of timber sales in June due to the lawsuit. In September, a memo in regard to the Coos operations plan, which determines the sales in the Elliott, later pulled 15 more projects planned for 2013 because, according to Weeks, they “have the same issues present as those identified in the lawsuit.”
 
ODF argued that issuing an injunction on the logging was moot because the agency had already voluntarily suspended logging on the timber sales in the lawsuit, but Aiken ruled that because ODF had “retained the right to simply resume logging operations after giving notice, a possibility of the recurrence of the allegedly illegal logging activity exists.”
 
Josh Laughlin of Cascadia Wildlands points out that Aiken’s preliminary injunction not only prevents logging on the 11 timber sales named in the suit, it also broadens the suspension to “any further logging activities in known occupied marbled murrelet sites in the Tillamook, Clatsop and Elliott state forests.” 
 
The ruling is critical for marbled murrelets and makes the clearcutting suspension official, Laughlin says. He says that now the ball is in Gov. John Kitzhaber’s court in regard to suspending what Laughlin calls “aggressive clearcutting plans on our public forests.” Kitzhaber along with Secretary of State Kate Brown and Treasurer Ted Wheeler make up the State Land Board that governs Oregon’s publicly owned state forests. 
 
ODF has announced a 46-day public comment period began Nov. 26 on six additional timber sales in the Elliott State Forest that are not impacted by issues raised in the lawsuit, these sales “are anticipated to provide 9.8 million board-feet of timber for the current fiscal year, and an estimated $2.48 million in net revenue for schools and county services in Oregon,” according to the ODF announcement.
 

Nov27

Judge blocks timber sales over sea bird nesting

November 27, 2013

by Jeff  Barnard, AP Environmental Writer
 
GRANTS PASS, Ore. (AP) — A federal judge has put 11 state forest timber sales on hold while she considers a lawsuit contending they threaten the survival of the marbled murrelet, a protected seabird that nests in old-growth forests.
 
The preliminary injunction issued last week was a blow to the new endangered species conservation policy adopted by the state to produce more timber from state lands.
 
Besides the 11 timber sales, the order covers all stands occupied by murrelets on the Clatsop, Tillamook and Elliot state forests.
 
In issuing the order, U.S. District Judge Ann Aiken in Eugene wrote that conservation groups have shown they are likely to win the lawsuit on its merits, and leaving the sales open to logging could cause irreparable harm.
 
At issue is whether the state's logging goals on the three forests violate the Endangered Species Act by destroying habitat for the marbled murrelet, a threatened species. The bird lives at sea, but it flies up to 50 miles inland to lay its eggs on the large, mossy branches of mature and old-growth trees.
 
"This ruling should send a signal to the leadership of Oregon that balanced forest plans are critically needed to truly protect the murrelet," Francis Eartherington, conservation director for Cascadia Wildlands, said in a statement. "The state of Oregon's forest practices are the most reckless in the Pacific Northwest and are pushing the marbled murrelet closer to extinction."
 
Earlier this year, the state Department of Forestry withdrew the sales pending the outcome of the lawsuit, and planned instead to offer a smaller number of alternative sales elsewhere.
 
The Oregon Department of Forestry estimated the withdrawal of the 10 sales on the Elliott would cost the Common School Fund $9.85 million in lost income next year. Unlike other state forests, the Elliott is controlled by the State Land Board, with logging proceeds going to the Common School Fund.
 
The 11th sale is on the Tillamook.
 
The state managed the Elliott for years by protecting habitat for threatened and endangered species like the murrelet but scrapped that approach last year after federal biologists refused to approve revisions that allowed more logging. Instead, the state adopted a policy used by private timberland owners that refrains from logging where protected species are actually living.
 
Oregon Department of Forestry spokesman Dan Postrel said the order was expected. He added that a separate order from the judge removing the state Board of Forestry and state Land Board as defendants in the lawsuit suggested that the endangered species conservation policy they adopted may not be held responsible.
 
Jim Geisinger, executive director of the Associated Oregon Loggers, said the loss of the timber was a big blow to nearby timber communities. He added he was disappointed that the judge would block the timber sales on state lands, when the murrelet's habitat needs were supposed to be satisfied entirely on federal lands.
 
Geisinger said the new policy should be preferable, because it prohibited any individuals of a protected species from being killed, while habitat conservation plans allowed some individuals to be killed incidentally.
 

Nov27

Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests

For Immediate Release, November 27, 2012
Contact:
 
Josh Laughlin, Cascadia Wildlands, (541) 844-8182      
Noah Greenwald, Center for Biological Diversity, (503) 484-7495      
Bob Sallinger, Portland Audubon Society, (503) 380-9728      
Tanya Sanerib, Crag Law Center, (503) 525-2722  
 
Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests
Conservation Groups Call on Gov. Kitzhaber for Balanced Forest Planning
 
PORTLAND, Ore.— A federal court judge has halted 11 timber sales and all logging activities in occupied marbled murrelet sites in the Tillamook, Clatsop and Elliott state forests. The ruling stops logging in murrelet habitat until the resolution of a case filed by Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon Society asserting that the state's logging practices are harming the federally protected seabird in violation of the Endangered Species Act (ESA). 
 
Since the case was filed, Oregon has voluntarily suspended timber sales on more than 1,700 acres of older forest in marbled murrelet habitat in the three state forests. In her ruling, Chief Judge Ann Aiken concluded the voluntary suspensions do not go far enough, writing, "Because the suspension of logging activities may be lifted at anytime with 60-days notice, and due to the imperiled status of the marbled murrelet, the status quo includes an imminent threat of irreparable injury under the ESA."
 
“The state of Oregon’s forest practices are the most reckless in the Pacific Northwest and are pushing the marbled murrelet closer to extinction,” says Francis Eartherington, conservation director with Cascadia Wildlands. “This ruling should send a signal to the leadership of Oregon that balanced forest plans are critically needed to truly protect the murrelet.”
 
Murrelet populations are declining steadily, as is their breeding habitat. Oregon has the opportunity to provide for these birds while also ensuring timber jobs through either thinning young plantations or entering into an agreement called a “habitat conservation plan” with the U.S. Fish and Wildlife Service.  
 
“This is an important ruling,” said Bob Sallinger of the Audubon Society of Portland. “It ensures not only that the existing timber sale suspensions will stay in place until this case is resolved, but also prevents any additional sales in key murrelet areas." 
 
Oregon recently abandoned its decade-long attempt to develop habitat conservation plans for the Clatsop, Tillamook and Elliott state forests that would have given the state a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Instead, the State drastically increased the cut on all three forests.
 
“Logging the last remaining mature and old-growth forests and driving the marbled murrelet ever closer to extinction is plainly out of step with the values of Oregonians,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “I’m thrilled the court has seen the threat posed to these unique seabirds and granted them a reprieve.”
 
The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.
 
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Nov18

Lawsuit Blocks Elliott Logging

The World by Jessie Higgins
November 17, 2012

ELLIOTT STATE FOREST — The state has withdrawn more than 900 acres of planned Elliott State Forest timber sales, pending the outcome of an environmental lawsuit.

The Oregon Department of Forestry instead plans to open 465 acres of alternative logging sites not named in the lawsuit.

'It's certainly nowhere near what was proposed in the annual operating plan," said Kevin Weeks, a spokesman for the Forestry Department. As Elliott logging funds the Common School Fund, Weeks estimates the shift will cost the CSF $9.85 million in revenue in 2013.

The state had already suspended logging on about 800 acres of timberland slated to be clearcut in 2012, said Josh Laughlin, a spokesman for Cascadia Wildlands.

The environmental groups say deferred logging means another year of protection for the endangered marbled murrelet sea bird.

The lawsuit, filed in May by Cascadia Wildlands and several other environmental groups, alleges the state's logging practices violate the Endangered Species Act by killing the sea birds.

'All the current scientific information suggests the sea birds' population is continuing to plummet in this region," Laughlin said. 'Clear cutting of its nesting habitat is a factor. To us, that suggests that public agencies like the Department of Forestry should take stronger measures to ensure their survival."

The suit will be heard by a federal judge sometime next year, Laughlin said.

If the judge decides in favor of the environmental groups, the state would have to drastically adjust its forest management plan.

Cascadia Wildlands hopes the state will pursue a habitat conservation plan, which manages the forest as a whole, allowing logging in certain regions and preserving other regions as habitat for endangered species.

Such a plan must be approved by federal agencies, as it allows the state to log areas where endangered species live. The state managed the Elliott with a habitat conservation plan for years, but scrapped it in 2011 because the National Marine Fisheries Service would not approve the plan, saying it did not adequately protect Coho salmon.

Under the current forest management plan, all areas of the state forest are open to logging so long as no endangered species live in the immediate vicinity. Areas where murlets nest are protected from logging. The method is called 'take avoidance."

Cascadia Wildlands disapproves of this method because it fails to conserve uninterrupted habitat, instead creating a patchwork of logged and unlogged areas.

Reporter Jessie Higgins can be reached at 541-269-1222, ext. 240, or jhiggins@theworldlink.com.

Nov16

Lawsuit Chops Down Logging Plans on the Elliott

The Roseburg News-Review by Don Jenkins
November 15, 2012
 
A lawsuit filed by conservation groups has caused the Oregon Department of Forestry to sharply scale back logging plans in the Elliott State Forest for 2013, a year in which the state planned to ramp up timber production in the 93,000-acre coastal forest.
 
The three groups that brought the suit released a statement Wednesday hailing a decision by the department to defer most timber sales planned for next year.
The department, according to a Sept. 19 memo from District Forester Jim Young, suspended the sales because of the federal lawsuit filed in May.
 
Conservationists allege plans to increase timber harvests by 60 percent in the Elliott violate the federal Endangered Species Act by jeopardizing the marbled murrelet.
 
The state is contesting the lawsuit, and there’s been no ruling. But for now, the forestry department will suspend plans to log 914 acres, slashing from next year’s harvest plan 46 million board feet of timber with a gross value of $16 million.
 
Instead, the department plans to log 13.8 million board feet, with an estimated gross value of
 $4.1 million.
 
Cascadia Wildlands spokesman Josh Laughlin said Wednesday the conservation groups hope the pause in logging will lead to the state reconsidering how it will manage the Elliott.
 
“This clearly provides some much-needed interim relief for the imperiled marbled murrelet,” he said. “Our goal with the case is to work with the state to balance its plans.”
 
The Center for Biological Diversity and the Audubon Society of Portland joined Cascadia in the lawsuit.
 
The three groups and the state are in a dispute over logging in Oregon’s largest state forest, spread over portions of Douglas and Coos counties.
Conservation groups sued after the State Land Board approved increasing annual timber harvests in the Elliott from 25 million board feet to approximately 40 million board feet.
 
In recent years, timber harvests have raised $6 million to $8 million a year for schools and the two counties. Forestry officials estimated $9 million to $13 million would be generated through increased harvests. Under the scaled back plan, the common school fund will net an estimated $3.7 million, forestry department spokesman Dan Postrel said today.
 
The department estimates that each 1 million board feet of timber cut in the Elliott creates 11 to 13 jobs with an average annual wage of $36,000.
Citing the pending litigation, Postrel declined to elaborate on why the department voluntarily deferred timber sales.
 
State Rep. Tim Freeman, who supports increased logging on the Elliott, said he was initially surprised the department chose to suspend logging. He said forestry officials explained to him that the department hoped to strengthen its position in court by voluntarily waiting for the suit to be resolved before increasing timber harvests.
 
“I’m not saying it was the right decision, but I understand why they’re doing it,” said Freeman, a Roseburg Republican. “If it works, it’s a great choice.” In the meantime, the state will lose revenue and jobs, he said. “There is a cost to waiting.”
 
Postrel said the department will continue to look for ways to increase logging that won’t run afoul of the allegations contained in the lawsuit.
 
Laughlin said the conservation groups are not opposed to increasing the “controversy-free volume” of timber by thinning younger tree stands to make them healthier.
 
“We want to see the jobs created restoring the forest,” he said.
 
A timber industry spokeswoman, American Forest Resource Council Vice President Ann Forest Burns, hesitated to second-guess the state’s legal strategy, though she said the advocacy group generally opposes agencies halting logging “just because they’ve been sued.”
 
“That accomplishes the purpose of the lawsuit without a ruling on the validity of the lawsuit,” she said.
 
“There’s also a definite question about the responsibility to the taxpayers who paid for the work that went into the harvest plan. I would hope the department would stand behind their work,” she said.
 
The State Land Board — made up of Gov. John Kitzhaber, Treasurer Ted Wheeler and Secretary of State Kate Brown — OK’d a plan that requires forest managers to avoid disturbing marbled murrelets, while opening up the possibility of logging on older portions of the Elliott. Almost half the forest is covered with trees 90 to 145 years old, Postrel said.
 
Conservation groups argue the state should designate areas in the forest as marbled murrelet habitat as part of a long-range plan to revive the bird’s population.
 
Freeman said the Legislature should make clear to federal courts the state’s wishes by passing legislation to require annual harvests of a certain percentage of new growth in the Elliott.
 
The department of forestry estimates 75 million board of feet of timber grows in the Elliott State Forest each year.
 
The lawsuit is Cascadia Wildlands v. Kitzhaber and was filed in the U.S. District Court of Oregon.
 
• City Editor Don Jenkins can be reached at 541-957-4201 or djenkins@nrtoday.com.

 

Nov14

Press Release: Oregon Suspends Clearcutting in the Elliott State Forest

Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182    
Noah Greenwald, Center for Biological Diversity, (503) 484-7495    
Bob Sallinger, Portland Audubon Society, (503) 380-9728    
Tanya Sanerib, Crag Law Center, (503) 525-2722    
 
SALEM, Ore.- After a lawsuit by conservation groups, the State of Oregon has suspended logging of 914 acres of old-growth forest on the Elliott State Forest that is habitat for the threatened marbled murrelet. Previously, ten timber sales were suspended in response to the lawsuit filed in July by Cascadia Wildlands, the Center for Biological Diversity, and the Audubon Society of Portland. The suit asserts that the state is harming the rare seabird by logging its nesting habitat in violation of the Endangered Species Act.

“The state of Oregon has been playing fast and loose with the law for years in the way it claims to 'protect' the imperiled marbled murrelet,” said Francis Eatherington, conservation director of Cascadia Wildlands. “The decision to further defer hundreds of acres of clearcuts is one that we welcome and provides interim relief for the murrelet.”

Plaintiffs discovered the logging deferral announcement in an Oregon Department of Forestry memo, dated Sept. 19, 2012, that was just recently posted to the Department's website. The memo suggests that the State will defer 15 additional timber sales until the lawsuit currently pending in U.S. District Court is resolved, and that the State will work to identify other logging projects that are free of the contested issues in the case. Plaintiffs have long advocated the state focus its timber operations on young plantation forests in need of restoration rather than older forests that are critical to the survival of a host of endangered species, including marbled murrelets.

“Logging on state forests cannot be done at the expense of the survival of the marbled murrelet or any other animals that depend on old forests for their survival,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “The last remaining old forests in Oregon are precious and need to be protected not just for the marbled murrelet, but for future generations.”

The most recent status review of the murrelet by the U.S. Fish and Wildlife Service found the birds have been declining by about four percent per year and that this decline relates to continued loss of habitat, primarily on state and private lands.
 
The State of Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the Elliott, as well as the Clatsop and Tillamook State Forests, that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Rather than improving habitat protections, the state walked away from the HCP process altogether and instead ramped up logging on all three forests. The lawsuit seeks to force the State to halt logging practices that are harmful to murrelets until it develops a plan that will protect murrelets and the mature forests on which the birds and other species depend.

“It is time for the State to return to the table and negotiate a balanced plan for each of the state forests that will provide adequate protection for the murrelet, allow for responsible and sustainable logging, and ensure that the State meets the requirements of the Endangered Species Act,” said Bob Sallinger, conservation director for the Audubon Society of Portland.
 
The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.

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Oct15

Blog: Marbled Murrelets—The Sounds of Silence

By Bob Ferris

Those times when the folks at Cascadia Wildlands are most quiet are generally the times when we are most busy.  That is certainly the case with the marbled murrelet lawsuit over logging in the Elliott and two other state forests in Oregon.  Right now our lawyers are deep into the “discovery” phase while the de facto injunction on logging 10 sales in murrelet habitat continues.  Discovery is where members of our staff produce any and all documents or communications that we might have—electronic and hardcopy—relating to the murrelets or the Elliott and our work with both. It is also an opportunity to procure the state of Oregon's documents pertaining to marbled murrelets and state forest management.

For many such as Josh Laughlin—our campaign director who has been with Cascadia since the beginning—this is a daunting task as the Elliott has been on our radar screen for a decade or so.  But it is likely an even larger task for Francis Eatherington, our conservation director, who not only has worked on this forest for more years than that, but has done so for multiple organizations.  For both of them this means digging up files and collecting information from boxes and frequently archaic disk drives.  And then there is organizing of these documents by Nick Cady and Dan Kruse—our current and fomer legal directors.  
 
The materials in boxes are often times easier because that is simply a matter of digging through and looking at papers.  The electronic materials are trickier because most folks cycle through a few computers over the course of a decade and probably change e-mails as well as service providers and e-mail programs.  Think for a moment how many of your turn-of-the-millennium documents you might be able to recovery and you get an ideal of the scale of this task.  
 
This is one of the important, but non-glamorous parts of our jobs.  But given what is at stake and what we are trying to accomplish, a little digging and electronic dousing for long-forgotten files seems a small price to pay.  Thanks to Josh, Francis, Nick and Dan and our whole legal team.  I am sure there is a newly fledged murrelet out there whose existance ws either made possible or enhanced by what all of you are doing.
 
— Bob Ferris
 
To contribute to the Marbled Murrelet Legal Defense Fund and support this this effort, please visit here.
 

Aug13

Bob Ferris on the Radio in Coos Bay–of Timber, Coal, LNG, and Jobs

 

Bob Ferris interview on the Mark McKelvey Show on July 10, 2012.  He and Mark talk about timber, coal, LNG and jobs in Coos Bay.  The 40-minute interview starts at about minute 11 and can be heard by clicking here.

 

 

 

 

 

 

 

 

Jul09

Timber Firms Join Murrelet Lawsuit

July 9, 2012

The Eugene Register-Guard by Karen McCown 
 
A Eugene lumber company is among forest industry firms intervening in a lawsuit filed in federal court by environmental groups against Gov. John Kitz­haber and state land and forest management agencies.
 
U.S. District Judge Ann Aiken last week granted a request by Eugene-based Seneca Sawmill Co. and four other logging industry entities to join with state officials in defending the state’s plan to allow more logging in the Elliott, Tillamook and Clatsop state forests. All of the forests are in Oregon’s Coast Range.
 
The lawsuit by Eugene-based Cascadia Wildlands and two other environmental groups alleges that additional logging would harm the habitat of the marbled murrelet, amounting to an illegal “taking” of the seabird in violation of the Endangered Species Act.
 
The seabird is federally listed as a threatened species. It lays its eggs on large, mossy branches of primarily old growth trees, according to the complaint filed by Eugene attorney Daniel Kruse and other lawyers.
 
State officials have said they have a “vigorous” forest management plan to protect the murrelet but voluntarily suspended logging on 10 timber sales in the coastal forests until Aiken rules on the environmentalists’ motion for an injunction against logging while the case is being argued.
 
The state protection plan for the birds includes designated buffer zones of protected forest ranging in size from 20 to several hundred acres where murrelet activity is detected. The plan also requires curtailed logging schedules during the birds’ April to September nesting period.
 
The industry groups are expected to help defend the state’s forest policy.
 
Besides Seneca, they include the Oregon Forest Industries Council, Douglas Timber Operators, Scott Timber Co. Inc. of Coquille and Hampton Tree Farms Inc. of Salem. The council represents more than 50 logging and wood products companies, including Seneca and Scott. Other area members of the group include Eugene-based Guistina Land and Timber Co., the Murphy Co. and Eagle’s View Management Co. Inc; Springfield-based Rosboro and Timber Products companies; Starfire Lumber Co. of Cottage Grove; Davidson Industries of Maple­ton; Hull-Oakes Lumber Co. of Monroe; Menasha Forest Products Corp. of North Bend; Plum Creek Timber Co. of Coos Bay and Elkton-­based Rocking C Ranch.
 
Seneca legal affairs director Dale Riddle said Friday that the company decided to intervene individually in the case because it bought one of the contracts that has now been halted, the Millicoma Lookout timber sale, from the Elliott State Forest in Coos County. Under its bid, the company will pay $372.75 per thousand board feet of Doublas fir logged within the 54-acre sale area.
 
A state Forestry Department bid notice described the tract as containing 102- to 145-year-old, second-growth Douglas fir, as well as some red alder and western hemlock. The agency’s biological survey report on the sale noted that it contains “potentially suitable habitat for marbled murrelets.” It also reported 54 sightings of the birds within the tract in 2008 and 41 sightings in 2009.
 
The intervenors have an interest in the case because they rely on timber sales from state and federal agencies and because the public lands case could set a precedent restricting their “use and management” of private lands for timber production, Roseburg attorney Dominic Carollo wrote in their motion to join the suit.
 
Seneca owns and manages about 165,000 acres of Oregon forestland, some located within 50 miles of the Oregon Coast and within the range of the marbled murrelet, Carollo wrote.

Jul02

State Suspends State Forest Timber Sales Subject to Federal Lawsuit   

July 2, 2012
KLCC by Rachael McDonald
 
The Oregon Department of Forestry has suspended operations on 10 timber sales. A lawsuit brought by conservation groups says the logging imperils a federally listed seabird.
 
Four conservation groups are suing Oregon to halt timber sales on the Elliot, Clatsop and Tillamook State Forests.
 
Josh Laughlin with Cascadia Wildlands says ODF's current methods are depleting habitat for the Marbled Murrelet, which nests in coastal forests.


 
Laughlin: "Their rampant clearcutting and chemical spraying program is continuing to push this species closer to the brink of extinction."
 

 
Laughlin says these methods are unlawful under the Endangered Species Act. He hopes Federal Judge Ann Aiken will agree. Laughlin says logging can be done in a more careful way so the murrelet's nesting sites are preserved.
 
Kevin Weeks is with ODF. He says the agency is preparing their defense of the lawsuit.
 

 
Weeks: "The Department of Forestry has adopted a rigorous set of wildlife management policies and procedures which include both extensive and intensive surveying for marbled murrelets and where we find those habitat areas extensive site protection measures."
 

 
Laughlin counters that the state leaves only postage-stamp size forest patches around the bird's habitat. The conservation groups have filed a preliminary injunction motion to keep the state from going forward with its logging plans. The hearing will take place in Portland Federal Court in the coming weeks.


 
To listen to the story, click here.
 

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