Loading...
HomeMy WebLinkAboutDPOR-ConnellyJnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - State of Alaska TONY KNOWLES, C-.-.-.-.-.-.-.-.-~DVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION - SOUTHEAST July 18, 2002 Megalie R. Salas Office of the Secretary Federal Energy Regulatory Commission 888 First SWeet, N.E. Washington, D.C. 20426 RE: CONNELLY LAKE Hydroelectric Project Preliminary Permit Application IMCUNG ADORESS: 400 Wlough~A~ JUNEAU, ALASKA g0601-1381 PHONE (t~07) ,le~lr~3 FAX: (g07) 485-5330 Emat ~k=(~ae=n= "~ Dear Ms. Sales: I have received correspondence from the Alaska Power and Telephone Company regarding their request for the subject permit. I would like to remind your office of the numerous concerns and issues this division has regarding this project. Enclosed is our original comment packet of December, 1994. Many of the studies they list as conducted by the previous applicant are now so out of date that they should not be relied upon as either factual or representative of existing conditions. While they propose no construction, they do say on Page 11 that "limited studies will only cause minor alterations or disturbances of lands and waters and any land altered or disturbed will be adequately restored." You should know that much of this area is within a protected unit of the state park system (Alaska Chilkat Bald Eagle Preserve), and any non-recreational use or study of any kind will require a separate park use permit. They have not consulted with this agency on any of the studies or estimated costs. Thank you for your attention to our concerns. Sincerglyj ..... J William W. Garry kJ ~J Area Superintendent Enclosure Cc: Glen Martin, APT Bill Hanson, ADF&G Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - , i r- ", ,~.'~ TONYKNOWLES, GOVERNC. !i :!: :. --- .... "" .......... • z\~ I~ ~:~; ~ jd, ~ .'"..-, .'-_,, ., .:-,,, - ,i / ]IiE:IPA.11.TM]i:;lCF OF NATURAL IIESOI.,t'BC]~ ,' DIVISION OF PARKS & OUTDOOR RECREATION December 29, 1994 Mr. Corry V. HUdenbrand President Haines Light & Power Co., Inc. 889 So. Franklin Juneau, AK 99801 I 400 WILLOUGHBY, 3RD~P3.00R JUNEAU, ALASKA ~ed1~ • RE: Upper Chilkoot Hydroelectric Project, FERC No. 11319-(X]0 Dear Mr. Hndenbrand: Following are comments from this Southeast Ares office of the Division of Parks and Outdoor Recreation on your Initial Consultation Package for a hydroelectric power generation project on the Upper Chilkoot Lake with a Vanemisslon line to Lutak Inlet. The Alaska Chilkat Bald Eagle Preserve (Preserve) would be affected by the project, and these comments will focus mainly on this division's rasponsiblity to manage this Prase~e. STATUTORY PURPOSES FOR THE PRESERVE: (AS 41.21.610 - 41.21.630) The Preserve is dosed to multiple use and dedicated as s special purpose site under art. VIII, sac. 7 of the state con~. The purposes as stated in law are: 1. PRIMARY PURPOSE: To proteot and perpetuate llhe Chllkat bald eagles and their essential habitats. 2. To protect and sustain the natural salmon spawning and resdng areas of the Chllkat River and Chllkoot River systems In perpetuity. 3. To provide continued opportunities for research, study and enjoyment of bald eagles and other wildlife. 4. To ensure to the maximum extent practicable water quality end necessary water quantity under applicable Ira, 5. To provide for other public uses consistent with the pdmary pupose for which the Preserve Is established. 1 lO.,J~rtu4 Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - 6. To provide an opportunity for the conUnued traditional and natural resource based lifestyle of the people IMng In the general area, consistent the other purposes. The Preserve has s Management Plan adopted by the Commissioner of Natural Resources on September 10, 1985. The management intent and guidelines statements for the Chllkoot River Unit are attached to these comments as Attachment A (3 pages). Important points in the plan are: * manage for recreation, fish and wildlife, water quality and other natural features; * preserve important cultu~ resources of the unit; * ensure that use does not degrade the Glory Hole (spawnIng habitat); * allow accass to prlvate lands and the state forest on the ex~ing fcrest road; * any realignment and upgrades of the" forest road must be approved by the Division of Parks and Outdoor RecrastJon; * reroute forest road to avoid the Glory Hole; * minimize recreation facilities development; In adcr~Jon the plan antJdpatas the increased use of the area from road upgrades. "The potential for such an increase should be addressed by an inter-agency team before the road is improved, so that appropriate steps can be taken to rnitlgate identified, potential impacts of Increased usa." (Plan, pg. 52) possible Adveme Im~cts to Preserve from this orolect. COX HOMESTEAD ROAD Aside from the obvious constnJc%~3n impacts and long-term facility presence, the largest problem for eagles and their habitat, and salmon and their habitat will be increased human use and presence following the upgrade of the access road. Dudng the meeting on November 1, 1994, you mentioned that the private land owners will request and prot~ obtain distribution lines to their properties because of the dose proximity to the geheratlon plant. This will In turn increase development on their lands, and road use will also increase. As the road becomes used by all owners, guests, and other permittass, the ability to control access would be impossible without a 24-hour guard. In fact, the only portion of the road which is not a public road is that smatl portion at Its entnmoa across the Dennis Allotment on I.utak Inlet. At this time there is no control on the road at ~ entzanse, and my understanding is that any gate or blockade would quickly disappear. When the at~e proposed taking out bridges because it was unable to maintain them after the Pardes allotment was logged in 1990-91, 227 local citizens signed a petition against "closing' the road. Even though there is no legal access for the state, and no way 2 Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - to maintain the road, the public clearly exerdses their perceived right to cross the private land whenever they wish. In fact, the state has asserted to the Bureau of Land Management (BLM) that the road beyond the Dennis allotment Is an RS 2477 grant of public road, and BLM has noted it on their Master Title Rats (done in 1991). The only way to restrict access, therefore, is to place • guard on the Dennis allotment and use criminal trespass authority to stop people from entedng on private property. This would require the landowner to file crimk~d complaints against each violator, and the guard would essentially work for the landowner in reporUng violators to the state troopers. My point is that there is no workable scdutJon to "dosing" the road to public access, elther by the state, or by HL&P, or by the pdvate isndowner. The road wlil be used by the public no matter what kind of barrisr or other scheme is devised, unless e 24-hour guard is presar¢ Even then, the knpacts to eagles, salmon, and their habitats will be increased with more private land developments north of Chilkoot Lake and human presence as 8 direct result from this project. QUESTIONS ON COX ROAD: Who will maintain the road and stream crossings to what standard and for how long each year? How many people will use the road if upgraded for this project? How many private landowners north of Chilkoot Lake will subdMde for further development if power distri~ is available? How will access to existing salmon streams and upweiling pond areas be increased, and what possibility exists to raroute the road around the spawning areas to avoid negative Impacts? Is the Inter~ of the project to improve access opportunity, deny further access, or let the public decide through future use? What avalanche hazards are there on the road around the lake? What mudsade hazards are there on the road around the lake? ff recreational vehicles travel the road and park overnight, who will take care of garbage, sewage, and er|forcement problems? EAGLES AND THEIR HABITAT Possible adverse impacts to eagles and their habitat Indudea elecVocuUon on transmission lines, collision with lines, interference with nest sites along the corridor, human-eagle confrontations that may cause displacement or nest abandonment, contamination of roadside salmon spawning areas from vehlde oils and fluids, garbage dumping and resulting eagle poisoning or physical entrapment from monoffiament lines and other plealJcs, and other dumping in streams. Important parching trees may also have to be cut to construct the project and 3 Jnofficial FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - ~'ansmission lines. QUESTIONS ON EAGLES AND HABITAT: What information is available from local enforcement and eagle protection officials on the history of death and injury from power lines, not only from electrocution but from collision? What kind of human activity will make eagles fly away from a nest, and what kind of activity will make eagles abandon their nest? What kinds of human activities will Interfere with food gathering activities of the eagles enough to force abandonment, cause weight loss, and possibly contribute to death? How many resident eagles (breeding & Juvenile) are In the area, and how many non-resident eagles visit the area in the fall and winter? How many salmon do they need to survive and continue to live and retum to the area? SALMON AND THEIR HABITAT Possible adverse Impacts to salmon and their habitat will be best commented on by the Department of Flsh and Game, but as stated above the road use may contribute to degradation of water quality in nearby spawning areas, human waste and litter, motorized access through spawning areas which would physically disrupt them, and salmon harassment. Constn.ctlon actJvitk~ may also physically change spawning areas, salmon s~'eams, and wetlands. Water quality and quantity may change dowr~eam from the project. QUESTIONS ON SALMON AND HABITAT: Where are the existing salmon spawning areas, salmon streams, and wetlands in or near the project condor? How many fish are takes now by sportfishing? What is the fish produclIon of the salmon spawning areas in or near the project corrk:k~? Is there any allocation issue of how many salmon go to sport, commercial and subsistence users that could change if salmon production goes up or down as a result of the project? if salmon enhancement is propose4 as a part of the project, where will the fish be taken: downstream, commerdal ocean nets, subsistence, above Chilkoot Lake? ff new sportflshing is anticipated, how will access be provided, and who will manage the new land uses? How many new fish will be antidpated? OTHER ISSUES AND CONCERNS 4, Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - The project should also provide for continued opportunit~s for research, study and enjoyment of bald eagles and other wildlife to be consistent with the preasrve's purposes, as well as provide opportunity for the continued traditional and natural resource based lifestyle of the people IMng In the general area. Most opportunity Is based upon pul~lc access, so the issues surrounding the road are paramount in determining how well the project provides for these opportun~es. How wall the project proposes to manage the access is critical. For Instance, a new and growing use is developing in the toudsm Industry in busing visitors to the lower Chilkoot River to spot brown bears fishing in the river at night. The new dock being built for Haines will allow many more cruise ships to bring thousands of people to the area. One of the big concerns of this agency is in managing the public road on the Lower Ch~oot River crowded with unknowledgeable out-of- state visitors within feet of unpredictable bears. A similar problem could occur on the Cox road if bears frequent the spawning areas near the road and the road were accessible for vans or busses. While the opportunity for enjoyment would be great, the management of the encounter would probably fall to the public egandes without additional funding~ .. 1. Resolve issues of survey and land status. Existing surveys of private lands in the area are not tied to a U.S. Rectangular Survey. The existing road has been surveyed from the Lutak Road, and all that Information along with the RS2477 nomination is In files in the Southeast Regional Office of the DMelon of Lands. Un~ the private lands and the road cen be located with predsion ralaffve to the aliquote part descriptions of the Alaska Chllket BaJd Eagle Preserve and the federal powerslte withdrawal, the project will not be re~ewab~ by the affected agencies and ciUzans. 2. Provide necessary basic informat~n on existing conditions. Develop maps of eagle and fish habitats, Inc~ eagle nests wtthln 400m of development corridor, perching trees and salmon spawning areas within 200m of the development cocrldor, and wetkuxls mapping to show water flow through the entire watershed above Chilkoot lake. Count numbers and show locations of eagles and spawning salmon from 400rn above the powerhouse down to the soum end of ChUkoot Lake. Locations should be shown on a map developed from the above survey informetion to etleastthe 1."12,5(X] sceJe (5" - 1 mile). Take counts at least once each month throughout the year, or to specifications requested by the Alaska Department of Fish and Game (ADF&GI)and the U.S. Rsh and Wildlife Servlce(USFWS). Make surveys as requested by ADF&G and USFWS to establisP. base information related to fish, eagles, bears and other natural resources in the area. Make a search for historic information about human use within the last ten years in the area. Count vehicles and people using any portion of the road WTt~ remote sensors to gain accurate counts throughout the year beginning as scot. 5 ]nofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - as possible. The sensors and counters must be undetecta~e and vandal-proof. 3. Provide information on carrying capacity of ~ corridor. For the managing agencies to make defansil~ decisions there should be a study of eagle behavior as related to human interference In this study area to determine future manageme~ derisions, If the resulting Increase In human use changes the eagle use patterns. This type of study has already been requested as part of the Haines Highway improvement project from Haines to Mile 24, and the Federal Highway Administration has tantatJvely approved it based upon the probable Increase in road use. A good study of eagle behavior as influenced by human presence has not been done for this part of the U.S., and there are two separate populations of eagles on the preserve to protect. The resident popula0on is more prone to Interference in the nesting and rearing season by high numbers of people because of increasing cruise ships and day-tours to the preserve. Additional behavioral Inforrnatlon on bears and spawning salmon should be provided as well. Where do the bears feed, and how do they and spawning salmon respond to human presence? 4. Underground transmission and disl~0utJon lines. Within the Chilkoot River Unit of the preserve all lines should be underground. At some .point near the south end of Chilkoot Lake the lines could probably go overhead without Impacting eagle use areas. Also, the vlewshed from Chilkoot Lake State Recreation Site must be preserved as a pristine mountain valley without scenic intrusion. The state has recently improved the 32-site campground and boat launching facilities with state and federal money. A scar along the mountain side or a t3"ansmteslon line would greatly change and diminish the visual quality of the area. The avalance zonas along the west side of the lake would also be avoided with underg~ lines in that area. .+ 5. Establish an Interdisciplinary Team for the road. As recommended in the preserve's management plan, any upgrade to the existing road should f'nt be discussed by an inte~nary team of agency re~, landowners, and concerned citizens to recommend the best ways to construct and manage the improvements to diminish the problems discussed above. Local citizens have mrong concerns about use and development of the mad and its corridor. The team should have the resources andstaff support to call pul~lc meetS, take testimony, make written reports, and do field inspections as necessary. This Concludes the Southeast Ares's comments on this Ini~al Consultation Package. As requested by letter to the Director of Hydropower licensing dated December 27, 1994, I have asked for a 60-day extension to comments on the ICP so that the Alaska Chilkat Bald Eagle Preserve Advisory Council may review these issues and make some official recommendations. I will be available to discuss this project at any ~ne, and I look 6 Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - forward to assi~ng in having a good powe" source for the Haines area. Sincerely, / Area Superintendent CC: Alaska Chilkat Bald Eagle Preserve Advisory Council Director, Offtce of Hydropower Licensing, FERC Chief Ranger Big Zack Attachment 7 Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - • Aff , ,nt A 5. ChilkOOt River Inm~rm~on imm. mtma 0 .,mo~ lwm N~t ~ Q I~m)" Scale ' ' V miles Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - • - ~ • °w UNIT 5 - CHILKOOT~RIVER:'- • . .... ~+ • +. MANAGEMENT INTENT °, This unit includes the northern half-mile of Chilkoot Lake and extends in a narrow band along the Chilkoot Piver 5% miles up the Chilkoot Valley. The unit contains approximately •2,350 acres or 5% of the preserve. The Chilkoot Unit will be managed primarily for recreation, fish and wildlife, water quality and other natural features. There will be mlnimal amount of recreation facility development. The area will be managed to preserve the important cultural resources of the unit. Special management will be required+ for the Glory Hole to ensure that use of theareadoes-not degrade, the resource. • Primary uses of the unit will be:recreation+ andi. fish and wildlife habitat protection. ++ +. •- -'~, -~ • ° i - The unit will also be managed to allow access to private -lands and the state forest along the existing forest road.,' Realignment and upgrades of the forest road must be approved by the Divisi'on~ of Parks and Outdoor Recreation. ,• ~ ,,~-- : , ~ ;.~:..~. MANAGEMENT GUIDELINES . Recreation Facility Development. There will be minimal recreation facilities developed in this unit. . Glory Hole. To p~tect the Glory Hole spawning area from future degradation the forest road if upgraded should be rerouted to avoid the area. . Recreation use of the Forest Road. Work with the Division of Forestry on any proposed relocation or upgrade of the existing forest road. If the existing road is relocated or upgraded i~ should include turn- outs at key recreation access points, and safety fea- tures that allow public access when logging is %underway in the adjacent state forest. If the forest road is relocated and/or upgraded, DPOR will determine the most appropriate management strategy for the Glory Hole. Options for the Glory Hole include but are not limited to minimal facility development with a trail from a new road to the Glory Hole; or, a viewing facility at the Glory Hole with a road from the forest road. Access: This area is primarily accessed by a poorly maintained road that leaves the Lutak Road approximately % mile west from Chilkoot River Bridge. 5~ Jnofflclal FERC-Generated PDF of 20020808-0045 Received by FERC OSEC 07/25/2002 in Docket#: - Inholdings: Several Native allotments are located on the west side of the unit. There are private properties located further up valley~from the Chilkoot unit that are'outside the preserve boundaries. Resources: This unit has three known eagle nests and has been identified as an eagle nesting and rearing area. Several more eagle nests have been identified in the area immediately around the unit. This area is heavily used by eagles from November to February. Human impacts during this period should be restricted. About 100-300 eagles feed here throughout the fall and winter. The Chilkoot River drainage is a major salmon spawning and rearing area. The "Glory Hole" is located in the lower end of the unit, and is a sprlng-fed spawning area. The area receives use primarily by the local community for bert I, picking and sightseeing, The present condition ~Of~the road is thought to inhibit heavy use by the non-local viSitore~-~ If :he road is improved to facilitate timberoharvest activities, us~ cf this unit ma~ increased significantly due to its dlose proxlmlt? to the heavily used Chilkoot Lake and River areas,~ The potent~,~i for such an increase should be addressed by an~ inter-agency te~ before the road is improved, so that appropriatei~steps can ~e taken to mitigate identified potential impacts of increased uso. At least two tour bus agencies in the area currently offer guid.,! bus trips to the Glory Hole during the summer season. .° q 52