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Providing
leadership and advocacy for the enhancement of fish and wildlife resources for
the benefit of all hunters, anglers and conservationists.
Protecting our
2nd Amendment Rights
SAVE SPRING CREEK CANYON
Oppose HB
1657
PFSC Letter to Governor
Rendell February 2007
PFSC Testimony – House State
Government Hearing in Centre Co. October 25, 2007
Letters to the Governor &
House State Committee Members Updated 1-3-08
Other Testimony to
Committee
History & Concerns: Updated 12/6/07
November 28, 2007
The
Honorable Babette Josephs
Majority
Chair, House State Government Committee
300
Main Capitol Building
Harrisburg, PA 17120
The
Honorable Matthew Baker
Minority
Chair, House State Government Committee
3
East Wing
Harrisburg, PA 17120
Re: October 25, 2007 legislative hearing, Pleasant Gap PA
Dear
Representatives Josephs and Baker:
The Spring Creek Canyon Alliance, composed of 21
local and state-wide hunter/angler/conservation groups with over 150,000
members, requests that the House State Government Committee reject HB
1657.
We do so because we believe the process leading to
this legislation is seriously flawed and the bill, if enacted, will lead to
the long-term degradation of Spring Creek Canyon and the adjacent highlands.
At the hearing, Rep. Mike Hanna, the sponsor of the
bill, confirmed our view that the existing process leading to divestment is
inherently flawed and promised to fix it in time for the next land
transfer. But the divestiture of the Spring Creek Canyon lands is no ordinary land transfer, and it should
not be subjected to a defective process.
This large tract has been in State ownership for over 100 years and
should not be summarily transferred to a private entity without substantial
public involvement. In fact, the
public has been entirely excluded from the process of divestment.
Spring Creek and the surrounding bluffs are of
exceptional value, not only to the local community, but to anglers who come
from around the country to fish this world-class trout fishery. The bluffs are habitat for 11 species of
plants and animals, some of which are globally rare and found only in the Spring Creek Canyon. To protect
this resource, the Western Pennsylvania Conservancy’s report, funded by the
Department of Conservation and Natural Resources, stated that the only way to
provide for the long-term protection of the Canyon and the superb brown trout
fishery is to reforest the uplands.
This reforestation does not need to occur instantly, but can be
gradually implemented.
Since the process of divestment did not provide any
opportunity for public input, the majority of the public does not support
this legislation. We ask that you
reject HB 1657 and fix the flawed divestiture process acknowledged by Mr.
Hanna so that the public can be intimately involved in deciding future
ownership.
Once the desired future uses of the land have been
determined, a management plan prescribing the methods for the enhancement and
preservation of the area should be developed.
Only then should future ownership be decided. The ownership decision should be based on
whether the mission of the prospective owner is consistent with the Western
Pennsylvania Conservancy’s recommendations and whether the prospective owner
has the funds and expertise to restore and protect this ecological gem into
the foreseeable future
We have included specific concerns with the process
leading up to HB 1657, and the lack of long term protections it provides to
the Canyon, as an attachment to this letter.
Thank
you for considering our views.
Sincerely,
Edward
Perry
Coordinator
Spring Creek Canyon Alliance
cc: Members of the House State Government
Committee
Representative Mike Hanna
Representative Scott Conklin
Senator Jake Corman
Attachment:
Specific
Concerns
·
Contrary to
statements made at the October 25 legislative hearing, the pubic has not had
any opportunity to participate in the process of determining who should own
this land. The public does not know
why, where, when or by whom this land was initially declared surplus. There was no opportunity for public input.
·
The public does
not know why, where, when or by whom it was decided that Penn State University, Benner Township
and the Pennsylvania Fish and Boat Commission were to become the new owners of these lands. There was no opportunity for public input
into this decision.
·
Because Penn State’s waste water spraying operation has adversely
affected 950 acres of State Game Lands 176 near Toftrees,
in violation of the federal Pittman-Robertson Act, the US Fish and Wildlife
Service required Penn State to place $8.3 million in escrow for the Game
Commission to purchase suitable replacement land within a 60 mile radius of State College. This
replacement land must be found by February 2008 or the U. S. Fish and
Wildlife Service may require that the 950 acres be returned to the
Pennsylvania Game Commission. Should
this happen, the Fish and Wildlife Service will likely require that spraying
treated wastewater (the” Living Filter”) onto these lands be terminated. This would create a major problem of
wastewater disposal for the State
College area. Transferring the Canyon lands to the
Pennsylvania Game Commission would solve these problems.
·
HB 1657
transfers ownership of the Spring Creek Canyon to Benner Township who has stated they do not have the funds or
expertise to manage this unique ecological resource and provide long-term
protection. Although we believe the
present Benner Township Supervisors are sincerely interested in protecting
the Canyon, it is apparent they will need substantial technical and financial
assistance to provide the Canyon with the protection and restoration it
needs. It is irresponsible to transfer
ownership to an entity that is poorly equipped to manage this resource.
·
Benner Township, in collaboration with DCNR, is undertaking
development of a master plan for the Canyon and the adjacent highlands. The project is to be overseen by a Steering
Committee “led by a representative of Benner Township and comprised of a representative of each of the
other anticipated future landowners” with several ex officio members. This arrangement is flawed because it
presumes ownership before ownership has even been decided. With this leadership, the master plan will
be crafted to benefit the expected future owners and not to provide optimum
protection for the Canyon and maximum benefits for the citizens of Pennsylvania. Our
position is that a master plan must be developed without any presumption of
ownership, with ownership transferred to the entity best qualified to
implement the plan. This master planning effort now being led by Benner Township should be halted.
·
Representative
Hanna has said that he will propose amendments to his bill that will require
a conservation easement be negotiated between the ClearWater
Conservancy and each of the new owners.
The easements must be in place within two years of the date of
transfer of ownership. Providing a
two year period for execution of the conservation easement is an obvious
effort to quickly transfer ownership before the complexities of a
conservation easement are resolved.
·
Penn State has said it will use its Canyon lands for
agricultural education and research.
The proximity of agricultural activity to the sensitive habitats of
the Canyon and to Spring Creek poses serious potential threats to the
biological integrity of the area.
Moreover, fertilizers, pesticides and storm water run-off will
continue to degrade Spring Creek.
·
In a
state-funded ecological assessment of Spring Creek Canyon, the Western Pennsylvania Conservancy has confirmed the biological value of the
area and has made recommendations to protect and restore the area. These recommendations are based on
established science. Despite the fact
that the DCNR funded this study, it is clear they are ignoring these
recommendations. The Conservancy’s
report should be the basis of any management plan that will be developed.
·
The
Pennsylvania Game Commission has offered to pay $1,800 per acre, which is
twice what Penn State has offered.
Why has the Game Commission’s offer not been accepted?
Background: June 2007
Action
Alert
The State
Is Giving Away Our Land!
The Rendell
Administration proposes to transfer 1800 acres of land along Spring Creek in Centre
County to Benner
Township and Penn
State University. Benner
Township is to receive the canyon
portion of the property that includes Spring Creek to the top of the
bluff. The Department of Conservation
and Natural Resources has told Benner
Township to act as if PSU
is going to get the uplands above the bluff.
The Pennsylvania Fish and Boat Commission will hold land at each end
of the canyon, essentially being the gatekeeper. The attached map shows the approximate
boundaries of the property outlined in blue.
We are
concerned for the long-term future of this property. It lies adjacent to an I-99 interchange,
halfway between Bellefonte and State College. In takes little imagination to envision that
some years into the future the upland portion of the property that is
scheduled to be transferred to PSU will
eventually be some sort of development, notwithstanding PSU’s
present interest in agriculture.
To ensure this
land can never be sold for development, the Moshannon
Group of the Sierra Club supports transferring this land to the Pennsylvania
Game Commission.
The Game
Commission needs this land to replace about 900 acres of Game
Lands Penn State
adversely affected by spraying treated sewage on the property. The US Fish and Wildlife Service informed
the Game Commission this violated Federal regulations as the use of the land
for hunting and wildlife had been adversely affected. Instead of helping the Game Commission
obtain the Rockview property, Penn
State has actively thwarted them.
We have an
unprecedented opportunity to make this parcel a major asset to the
surrounding communities by revegetating the uplands
with warm season grasses, that will provide habitat for grassland birds,
pheasants, and other wildlife typically found in large expanses of grassland
habitat. Shrub and grassland habitat
will be a bird watchers paradise and protect the water quality in Spring
Creek. Interpretive trails will
educate young and old alike to the wonders of nature and providing a natural
area in an urbanizing environment.
Pheasant stocking will allow fall hunting. In short, this area could be a major asset
to the community.
Sportsmen’s
groups and conservationists have already announced their opposition to
transferring the land to entities that do not have the mandate to protect
land in its natural state.
We ask that
you join with us to ensure that the land is protected in perpetuity for use
by hunters and recreationists, as well as providing
outstanding habitat for wildlife, by supporting the transfer of this land to
the Pennsylvania Game Commission.
Time is of the
essence. Senator Corman
has draft legislation that would give this land to Penn
State and Benner
Township, but he has assured the
conservation community he would not move legislation until there is
consensus. Representative Hanna
strongly opposes the Game Commission receiving this land and has stated this
land should be transferred as soon as possible to Penn
State and Benner
Township.
Please contact
your legislator and ask them to oppose any legislation that would transfer
this land to Penn State
and Benner Township. Ask that the Governor not be permitted to
give this priceless land to Penn State. Ask that the Game Commission be allowed to
purchase this land. The Game
Commission has actually offered to pay twice the amount Penn
State has offered.
Please contact
Ed Perry at 814-466-7060 or email at ep1966@comcast.net
to join our coalition or help spread the word.
Background
Information
For the past 3
years, the Department of Conservation and Natural Resources (DCNR), at the
direction of the Rendell Administration, has been attempting to transfer
about 1800 acres of land owned by Rockview Penitentiary,
to Penn State University (PSU), and Benner
Township. Rockview
Penitentiary has owned this land for many years and has farmed the upland
portion in the past. However, but
except for a small area, most of the property has not been farmed for over 10
years.
The property
to be transferred extends roughly from Fisherman’s Paradise
about 2 ½ miles upstream to Rock Run Road,
and includes the Spring Creek
Canyon and about 1400 acres of
uplands adjacent to the canyon (see attached map). Benner
Township is scheduled to receive
the canyon portion of the property, extending from Spring Creek to the top of
the bluff. The DCNR has told Benner
Township to act as if PSU
is going to get the uplands above the bluff.
The Pennsylvania Fish and Boat Commission will hold land at each end
of the canyon, essentially being the gatekeeper.
The DCNR gave
$30,000 to the Western Pennsylvania Conservancy (WPC)
to produce a report that addressed the natural resource values of the
property. In December 2006, WPC
presented their report to the Benner
Township which discussed the
value of Spring Creek
Canyon for natural communities
stating
“The Spring Creek Valley is an extremely unique area in the county
and the state. The creek itself is a world-class
trout fishery and hatchery, because it is enriched with minerals from the
surrounding subsurface limestone geology, and because it is surrounded by
natural vegetation that helps preserve the water quality.”
The WPC
pointed out that the Spring Creek
Valley was given the highest
ranking of Exceptional Significance as a Biological Diversity Area in the
Centre County Natural Heritage Inventory report of 2002. Their field studies and research found that
nine species of special concern have been documented to live in the valley
within the past 10 years. Although the
WPC report made 16 recommendations, the
most significant were that: 1) invasive species should be controlled; 2)
uplands adjacent to the canyon should be reforested; 3) the amount of roads
should be reduced; 4) pesticides should be prohibited; and, 5) an
ecologically
based management plan should be developed.
The WPC’s
recommendations for reforestation have not been supported by Benner
Township, Penn
State University,
or DCNR. PSU
intends to conduct production agriculture on the uplands, and conduct
agricultural research. The DCNR now
proposes to spend more state funds for a grant to develop a Master Plan for
the area.
Spring Creek Valley Ecological Assessment
Because of the public forum in January, the Benner Township Supervisors
pressed to have an environmental assessment of the canyon parcel completed as
soon as possible. DCNR stepped forward and approved a grant to authorize a
three-part study: an environmental assessment, a management plan and a master
plan. The Township was permitted to advance the environmental part only,
until land ownership transferred. The study began in May 2006 with the
consultant, The Western PA Conservancy, conducting field audits of plant and
animal species within the canyon. Benner also received the ok to establish a
Citizens' Advisory Committee to offer input and feedback to the consultant.
The consultant's final report can be viewed by clicking the links below. (Note: this is a large report and takes a
while to download.)
Spring
Creek Valley Ecological Assessment Report 12-29-06
Spring Creek
Valley Ecological Assessment Annotated Bibliography
Benner Township
Information Page
Spring Creek Canyon Alliance
Statement of
Concern and Recommendations
We the
undersigned hereby submit this Statement of Concern and Recommendations for
the permanent conservation of 1,800 acres of Rockview
Penitentiary property that includes the Spring
Creek Canyon
and surrounding uplands. We
respectfully request the State of Pennsylvania
transfer stewardship of these 1,800 acres to the Pennsylvania Game Commission
for their management of the land for Pennsylvania’s
wildlife resources.
The following
lists the reasons for our position:
1)
Spring Creek is a world-class trout fishery, and the
surrounding cliffs are habitat for nine State-listed species of plants and
animals that are globally rare, or rare in Pennsylvania. Transferring this property to entities that
do not have the expertise, funding, or mandate to protect this ecosystem in
its natural state is not in the best interests of this resource or the
surrounding community.
2) The 1,800 acres of land propose to be
transferred includes land classified by the Western Pennsylvania Conservancy
as a Biological Diversity
Area (BDA). A BDA is an area
containing natural features that are important in the support of plants or
animals of special concern at either state or federal levels that has
exemplary natural communities, or exceptional native biodiversity. The BDA extends from the bottom to the
canyon to the uplands surrounding the canyon.
A substantial buffer is necessary to protect the unique and sensitive
ecological features in the canyon.
3) The
Western Pennsylvania Conservancy’s December
29, 2006, report entitled: Ecological
Assessment and Planning for the Spring Creek Biological Diversity Area
states that: “The Spring Creek Valley is a truly exceptional resource because
of its diversity and uniqueness, and in comparison to other remaining communities
of its type, it is extensive in size and in good ecological health.”
4)
The Pennsylvania and the Centre County Natural Heritage Inventories states that the canyon
requires exceptional protection.
5)
Due to the special resources within the Canyon, and
their sensitivity to disturbance and pollution, the Conservancy recommended
that all 1,800 acres either remain or revert to forest or forest buffer lands
to protect the Spring Creek
Valley
6)
Finally, we are concerned with the long term future of
this property. This land lies halfway
between Bellefonte and State College, adjacent to an I 99 interchange in a rapidly urbanizing
environment. Due to its
extraordinarily high potential for development, it is imperative this land be
transferred to an entity that has the mandate, expertise, and funds to hold
and manage this land in its natural state in perpetuity. The Pennsylvania Game Commission is the
only entity that can meet those criteria.
PA Federation
of Sportsmen's Clubs
PA Council of
Trout Unlimited
Spring Creek
Chapter of Trout Unlimited
Adams
County Chapter of Trout Unlimited
Moshannon Group, Sierra Club
PA Chapter,
Sierra Club
State
College Bird Club
Fly Fishers Paradise
United Bow
Hunters of Pennsylvania
Juniata
Valley Audubon
Centre County
Federation of Sportsmen's Clubs
Adams
County Federation of Sportsmen's
Clubs
Coalition for
Open Space Preservation
PA Chapter of National
Wild Turkey
Federation
Nittany Mountain
Biking Association.
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