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Many of the studies they list as conducted by the previous applicant are now so out of
date that they should not be relied upon as either factual or representative of existing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#: -
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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
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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
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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
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~'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
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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.
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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
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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
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• Aff , ,nt A
5. ChilkOOt River
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• - ~ • °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.
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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
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