Legislature(2001 - 2002)
04/30/2002 01:36 PM Senate TRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 474-ANCHORAGE COASTAL WILDLIFE REFUGE
CHAIRMAN COWDERY announced HB 474 to be up for consideration.
REPRESENTATIVE JOE GREEN, sponsor of HB 474, said that HB 474 is
a protection bill that deals with a very unique saltwater marsh
that in 1971 was called the Potter Point State Game Refuge and
later in 1988 was changed to the Anchorage Fish and Wildlife
Refuge. He explained that it is a very unique saltwater marsh
that is home for a variety of winged and four-legged creatures
and has a very critical portion of its habitat right at the
juncture of the southwest boundary and the Refuge. For some time,
the Department of Transportation has been looking at extending
the existing Tony Knowles Coastal Trail up near the airport for
about 12 miles diagonally along the boundary of the Refuge and
private property down to the Potter Marsh. Unfortunately that
trail that has been so predominant for the last two-plus years is
right through this very critical habitat area. This bill is an
attempt to try and protect that area, not to prevent putting a
trail there.
REPRESENTATIVE GREEN explained that $2.2 million has been spent
so far on this issue and there is still no EIS. About three years
ago, both bodies passed legislation requiring consideration of
other trails. That legislation was vetoed by the Governor with
his assurance that consideration would be given to the situation,
but that [consideration] has been slip-shod. People who have been
trying to protect this area came up with an alternative gold
route that has more exposure to the Inlet than the orange route
if vegetation could be cut.
In January, Chip Dennerlein, Director, Division of Habitat and
Restoration, said ADF&G had been working on this issue. He agreed
that the only draft that was shown could not be permitted and he
outlined several reasons why. Another route was found, the fuscia
route, but Representative Green said he hasn't been able to get a
copy of it. He said that is an example of the kind of problems
they had been having all along. He suggested that as this bill
moves, things will happen on the other end.
MR. CHIP DENNERLEIN, Director, Division of Habitat and
Restoration, Alaska Department of Fish and Game (ADF&G), agreed
with some of Representative Green's comments. He said their
concern was with the specific location of the trail and that
there were species that were unique to Anchorage and shared by
other states. One of the highly sensitive areas where they did
not want a trial has 1,600 - 1,800 snow geese grazing on it
today. They had a 6,500-people heart run this weekend and they
wouldn't want to propose a trail where those kinds of activities
would happen. They worked out an alignment that would be a viable
alternative that would let people enjoy wildlife but avoid some
of the sensitive areas.
Currently the trail is a federal highway project that is subject
to the process and environmental provisions in the Federal
Highway Act and NEPA. The Federal Highway Administration (FHA)
has reviewed all of the information in the alternative and has
now released the sole approved list of viable and reasonable
alternatives that the public will get to review. They will get to
choose one of the alternatives or mix and match among them. The
orange route does not exist anymore, but the fuscia route does.
MR. DENNERLEIN said pre-approval of a right-of-way by the
legislature would be problematic. He offered to let the
legislature know of his decision.
SENATOR WARD asked where the fuscia route went.
MR. DENNERLEIN explained that the fuscia route avoids going below
the bluff between the [indisc.] spill area and Johns Park. It's
part of the old Huffman alignment. It comes back through Johns
Park and through the Furrow Creek Gully and avoids the rifle
range.
SENATOR WARD asked if all the routes had property analyses.
MR. DENNERLEIN replied yes and said the problem with the gold
route is that it would have a very large impact on private
property.
SENATOR WARD asked if the section from Johns Park to Ocean View
Bluff takes any private property.
MR. DENNERLEIN said that DNR could better answer that question,
but, in the area he was referring to, there was a right-of-way
that avoids the property. He thought there was a right-of-way
acquisition and that someone had donated some land. No property
is taken along Ocean View Dr., along the bluff or property.
SENATOR WARD said he had lived in that area a long time and asked
him if he didn't think this would cause damage to any wildlife
and where he got his information. He asked what studies he had
done to show that there is an affect on wildlife there.
3:55 p.m.
MR. DENNERLEIN replied those would be from nesting surveys, a
1997 Survey of Wildlife Patterns, a study on the use of the
refuge by mammals by Rick Sinnott, and a shorebird and migratory
use report. He said there are several critical points around the
Campbell Creek area. He said there was no way to put a route
through the area that wouldn't have serious adverse impacts at
some point in the year.
TAPE 02-20, SIDE B
He said the only way to address the area Representative Green was
concerned about would be to move the trail to the top of the
bluff.
MR. DENNIS POSHARD, Legislative Liaison, Department of
Transportation and Public Facilities (DOTPF), said DOTPF
recognizes the concerns of Representative Green's constituents,
but believes this bill is not necessary. He explained:
Number one, we're already following a federally
recognized and mandated process, the federal NEPA
process. And that process appears to be working, albeit
a contentious, painful process. I think that we're
going to ultimately get to the right outcome.
Secondly, this area has already been designated a
Refuge by state statute. That Refuge has a specific
management plan in place and ADF&G is responsibly
managing that refuge. You've heard Chip Dennerlein
mention that he would not at all permit certain routes
that were being considered and that in other areas he
would be adamant that mitigation occur before he would
permit.
In response to Senator Taylor's question on funding, Anchorage
Metropolitan Area Transportation Study (AMATS) gets about $8
million every year to go towards trails specifically within the
Anchorage metropolitan area. They have every right under federal
law to determine how that funding gets spent. The state has no
authority to tell them how it gets spent.
SENATOR WARD moved HB 474 out of committee with individual
recommendations.
SENATOR ELTON objected saying that he would vote no. He said it
is a tough issue for him because he feels like he's taking the
conservative point of view by saying that he's going to tip the
scales in favor of access and away from habitat, which is
unusual. He also suggested that the legislature is not the best
planning and zoning commission.
SENATORS WILKEN, WARD, and COWDERY voted in favor; SENATOR ELTON
voted against and HB 474 passed from committee.
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