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SAVE SPRING CREEK CANYON

Oppose HB 1657

 

 

 

 

Updated  1-3-08

 

Letter from PA Council of Trout Unlimited to Governor:

 

December 19, 2007

 

Governor Edward G. Rendell

225 Main Capitol Building

Harrisburg PA  17120

 

Dear Governor Rendell:

 

The Pennsylvania Council of Trout Unlimited is composed of nearly 13,000 members who are passionate about fishing for trout and clean, cold water.  Because of our focus on cold water resources, we request that your Administration halt the proposal to divest about 1,600 acres of Rockview Penitentiary land in Centre County to Penn State University, Benner Township and the Pennsylvania Fish and Boat Commission.

 

Spring Creek is one of the highest quality trout streams in Pennsylvania.  Unlike most trout streams, Spring Creek is fed mainly from a limestone aquifer with many springs feeding into it along its length.  This limestone geology is the reason why the fishery is of such high quality.  Spring Creek is highlighted in national fishing magazines as one of the very top destination streams, not just in PA, but in the whole eastern United States, so it has high tourism value as well.

 

According to a US Geological Survey study, the Spring Creek Basin is experiencing some of the most rapid growth and development within the Commonwealth.  Rapid urbanization has resulted in land-use changes and increased water use, which is affecting the quantity and quality of storm water runoff, surface water, ground water, and aquatic resources within the basin.  USGS points out that “The ground-water-flow system is especially important in the Spring Creek Basin, because ground water is the source of most water supplies and it sustains the high-quality cold-water streamflow in Spring Creek[1].”

 

Given the ongoing pollution, and the potential impacts of global warming, we are very concerned for the long-term survival of this great trout stream.  Therefore, we strongly urge that this land be offered to the Pennsylvania Game Commission, for long term conservation.   The PGC has offered to pay double what Penn State has agreed to pay.  But what is most important to us is that the land will be treated differently if the Game Commission owns the property.

 

Penn State has already mentioned constructing buildings, conducting production agriculture and research.  All of these activities will introduce more sediment, fertilizer, pesticides and other pollutants into a stream that is already stressed.  According to the Mid-Atlantic Highlands Streams Assessment[2], only 14% of Pennsylvania’s streams that were sampled were classified as being in good condition for fish.  Over 70% were rated as fair or poor; 13% had no fish at all.  Channel sedimentation and riparian habitat alteration were the major stressors.

 

In contrast to the increased runoff of sediment and pollutants into Spring Creek which would be caused by Penn State’s planned intensive activities on this land, the Game Commission would manage the land in ways that would protect the health of the stream. The Game Commission has an excellent reputation for managing land. Many fine wild trout streams flow through Game Lands and they can be trusted to manage their land for the benefit of wildlife and fish.

 

The Pennsylvania Council of Trout Unlimited is a member of the Spring Creek Canyon Alliance and strongly supports the Alliance’s goal of having this land transferred to an entity that can be trusted to manage and hold land for the benefit of all our citizens.  Reforesting the uplands as recommended by the Western Pennsylvania Conservancy will help protect this extraordinary trout fishery so that future generations can experience the thrill of catching wild brown trout within a 10 minute drive of a large population center.  Having a quality fishery close to a large population center facilitates our ability to introduce young anglers to fishing.

 

We owe it to them to do all we can to preserve this resource for future generations.

 

Sincerely,

Ken Undercoffer, President

PA Council of Trout Unlimited

 

cc

Senator Jake Corman, 34th District

236 Match Factory Place

Bellefonte, PA 16823

Representative Kerry Benninghoff, 171st District

209 South Allegheny Street, Suite B

Bellefonte, PA 16823

Representative Scott Conklin, 77th District

301 South Allen Street, Suite 102

State College, PA 16801

Representative Mike Hanna, 76th District

102 Turnpike Street

Milesburg, PA 16866

 

…………………….

 

TO:  House State Government Committee  

RE:  Comments On House Bill 1657 (Hanna)

Greetings,

For the reasons given below, I strongly oppose House Bill 1657 (Hanna), which would transfer the Rockview lands to Penn State and Benner Township. And I support the transfer of the lands to an entity such as DCNR, the PA Game Commission, or a nature conservancy, with the charge of managing these lands in a natural condition, open for public enjoyment, in perpetuity.

 

I. Governance

a) The current legislation should be rejected on basic democratic principles. This is public land, owned by the citizenry, but the divestment plan was created in secrecy, without public input. At the public meeting announcing divestiture, many citizens objected to the plan, but were told that the future ownership of the land was not in question, that the issue had been decided. Many of us found this shocking. As citizens, we should rebuff such attempts at peremptory, autocratic governance, and require open, democratic processes when making such important decisions.

 

b) Rep. Hanna said that the transfer of the land must occur first, then a conservation easement would be negotiated later. This would be unacceptable in any private real estate transaction, and raises further questions of governance and transparency.

 

c) The overwhelming majority of the citizens in this area are opposed to the transfer of the land to Penn State and Benner Township, and support management for protection of natural resources and public enjoyment. This is true not just of members of conservation groups, but people from all walks of life and political persuasions. This is clear simply from talking to a wide variety of local people. The Centre County Commissioners recently voted to oppose the legislation, further confirming this community’s broad consensus. If this legislation was put up for a referendum, it would be defeated by a very wide margin. Our representatives have the responsibility to respect the public’s wishes.

 

II. Spring Creek Conservation

A. Importance of Spring Creek

1) Spring Creek flows through these lands, and conservation of these lands is very important for maintaining the integrity of this amazing trout stream. Spring Creek is a trout stream of unusually high quality due to its geologic characteristics, i.e. its limestone aquifer which provides a more stable and fertile supply of groundwater than on the great majority of trout streams. Spring Creek currently has the highest wild trout population in PA. Few streams in the whole eastern United States are comparable.

 

2) Spring Creek not only provides great trout fishing recreation for the people of Centre County, but for visitors from all over PA and beyond. Anglers from Pittsburgh annually charter a bus and drive 3 hours to fish here, because there are no streams of similar quality in western PA. Many anglers travel from OH, NJ, NY, MD, VA and the New England states, and even from as far as Canada, just to fish Spring Creek. This angling tourism benefits local businesses, including bed and breakfasts, motels, tackle shops, restaurants, and guides. Both the Centre County and the Bellefonte tourism information centers recognize the importance of angling tourism, and feature Spring Creek in their promotions.

 

3) High quality trout streams and trout fishing are an important part of the heritage of central PA and are defining characteristics of the region. Just as Vermont has its maple syrup, we have our trout streams. Spring Creek was a famous trout stream even in the 1800s. In many families in the region the trout angling tradition extends back for generations, and many households have vintage tackle and old fishing photos preserving these memories. We should make conservation of this extraordinary stream a high priority, so that the stream and the fishing it provides have a future, and not just a past.

 

4) With some care, the quality of the Spring Creek can be maintained and it can continue to be a great asset to our region. But trout streams can be severely degraded if they are neglected. Many PA streams have already been degraded, making the remaining productive streams all the more precious.

 

B. Spring Creek Canyon, Proposed Benner Township Ownership

1) Benner Township, like most townships in PA, does not have a large budget and does not have natural resource specialists. Everyone agrees that Spring Creek and The Canyon are important, fragile resources, so it would be irresponsible to convey those resources to an entity that does not have the capabilities to manage them properly. It is unrealistic to expect any township to manage such a complex natural environment. This is not the typical role of township governments.

 

2) The current township leaders have promised that their goal is protect the natural resources. But as the leadership changes in the future, attitudes can also change. If the Canyon is owned by Benner Township, its future management will depend on the vagaries of township politics.

 

3) In the future, township preferences may shift towards a landscape of groomed grass lawns, with extensive parking lots, sports facilities etc. within the floodplain of the stream. Township lands along streams in PA are typically managed in this way, not for the purpose of maintaining the natural integrity of stream/floodplain systems.

 

C. Uplands Flanking Spring Creek Canyon, Proposed Penn State Agriculture Research Ownership

1) These uplands are directly adjacent to Spring Creek Canyon. Intensive agriculture produces runoff of insecticides, herbicides, chemical fertilizers, and fine sediment (soil) and these harmful materials would drain into Spring Creek.

 

2) There has been talk of a buffer strip along the edge of the canyon, but such a “thin green line” would not prevent polluted runoff from entering the stream. These uplands are thoroughly dissected by swales and intermittent tributaries that drain directly to Spring Creek.

 

3) These agriculture research lands would include not just tilled fields, but also research buildings. Penn State has acknowledged this. But just how many buildings there might be in the future, no one knows, or has revealed to the public.

     Modern agriculture uses many technologies, so agricultural research could include a very wide range of activities. An ethanol research facility could be considered agricultural research. So could a food processing plant. So could a hydroponics facility. So could Concentrated Animal Feeding Operations (CAFOs). They might decide to move Ag Progress Days from Rock Springs to this more accessible location. 

     So limiting uses to “agricultural research” would create no truly meaningful limitations on uses of these lands. Penn State has said that they will not sell the land to developers, but there would be little limitation on their own development activities.

    

4) The construction of buildings, parking lots, access roads, and utilities would create soil disturbances that would deliver more sediment to Spring Creek.

 

5) Stormwater management is a very important consideration in stream conservation. This is well established and is being incorporated into planning here in Centre County, as well as nationally and internationally.

      The negative effects of increased stormwater runoff are well documented. Increased stormwater runoff causes an enlargement of stream channels, creating wider channels, resulting in much shallower water, with far inferior holding habitat for fish. The widening of the channels increases solar warming of the water, which is detrimental to trout, since they require cool water temperatures.

     As stormwater runoff increases, recharge of groundwater through infiltration decreases. This decreased groundwater recharge lowers water tables and results in lower quantities of spring water flowing into streams.

     Naturally vegetated land has the lowest rate of runoff and the highest rate of groundwater recharge. Farmed land has a higher rate of stormwater runoff than naturally vegetated land. And the impervious surfaces of buildings, roads and parking lots have a still higher rate of stormwater runoff.

 

6) There are no technical fixes that can eliminate these harmful effects. Use of “best management practices” can reduce these effects only to a limited degree. These lands are adjacent to Spring Creek Canyon and if you farm them and construct buildings, water pollution and stormwater runoff will be far higher than if the land was naturally vegetated. There are no technologies that can make farmed and developed lands a match for naturally vegetated lands in supplying a stable, clean supply of water to a stream.

 

III. Rare Opportunity for a Nature Preserve on Alkaline Soils

a) Nearly all of our forest lands and nature preserves in PA are located on high elevation ridges and high plateaus on relatively infertile soils derived from sandstones and shales.

 

b) These Rockview lands provide a very rare opportunity to create a large natural area on low elevation, alkaline soils. There are few, if any, such natural areas now in PA. The original vegetation found in this type of landscape would have been very different than on the ridges and high plateaus. It would be great to have at least one such area in PA, where people could experience and study the flora and fauna of this type of landscape.

 

IV. Highest Use for the Public Good

a) The public has overwhelmingly expressed a desire for these lands to be managed for conservation of their natural treasures, open for public enjoyment in perpetuity. These preferences are not just an emotional response, but would result in the highest use of these public lands for the public good.

 

b) This region is known as Happy Valley because of its natural amenities. If the valley gets completely built out, it will look and feel like many other congested landscapes. The quality of life would deteriorate.

 

c) If we want to maintain the quality of life as the area grows, it is mandatory to maintain large areas of natural open space for public enjoyment. Even in very highly urbanized areas, visionaries recognized this long ago and set aside green spaces. You can see this in New York, San Francisco, Boston, Vancouver, and other vibrant cities. Here in PA. the early leaders of Allentown had the foresight to create the Little Lehigh Parkway, a green oasis that is the great pride of that city.

 

d) This has economic dimensions as well as aesthetic ones.  Maintaining the quality of life in an area keeps it attractive, desirable, and therefore economically vibrant. If an area becomes highly developed, without natural beauty and opportunities to enjoy the outdoors, it becomes susceptible to economic decay. Property values drop, and the area becomes dingy and poorly maintained. This happens in suburban as well as urban areas. Many formerly desirable suburban areas are now becoming gritty-looking, and are having economic problems and rising crime rates. But areas that have beautiful natural spaces are far more likely to maintain their desirability and economic well being.

 

e) The value of being able to get outside and enjoy nature close to where we live, not a long, gas-burning drive away, cannot be over-estimated. People would really use and appreciate this land for open space recreation. In the more heavily populated parts of PA, you can see that the remaining public green spaces are immensely popular with the public. It would be the same here.

     Some people would fish or hunt or study birds or plants. But even more people would just visit before or after work, or on the weekend, and just go for a stroll. They’d go with their kids, or walking with their dogs. They’d simply enjoy being in the outdoors, getting some fresh air and being rejuvenated by the natural environment.

     In our increasingly developed landscape, the ability to enjoy the outdoors becomes more of a necessity than a luxury. This use of this land would provide the greatest benefits for the people who live here, and for the many visitors to the region.

 

Thank you for considering my views and those of other citizens.

 

Sincerely yours,

Dwight M. Landis

Bellefonte, PA

 

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Dear Representative Josephs:

 

On behalf of the Pennsylvania Chapter of the National Wild Turkey Federation, our Board of Directors and our 25,000 members statewide, I am writing to you to express our concern over House Bill 1657. HB 1657 calls for the transfer of lands currently under control of Rockview State Prison, including Spring Creek Canyon, to Penn State University and Benner Township. Our membership strongly opposes transfer of these lands to the university and the township as it would better serve the public, the wildlife resources and the future of Centre County to have the lands managed by a viable state agency. Our members favor transfer of these properties to the Pennsylvania Game Commission which has the skills and expertise to properly manage the land.

 

The Western Pennsylvania Conservancy has recommended control of invasive species of vegetation on the site and that the uplands be replanted with native vegetation. Neither Penn State nor the Benner Township has the mandate or the expertise to undertake that mission. The future of this watershed and the diverse plant and wildlife resources associated with it should be guaranteed by transferring the land to the Pennsylvania Game Commission. Our organization supports that transfer and urges the House of Representatives to reject HB 1657.

 

Thank you for the opportunity to voice our opinion on this piece of legislation and the conservation of this valuable property. Our members will be watching the vote on this legislation carefully.

 

Sincerely,

Eugene Alwine, President

Pennsylvania Chapter- National Wild Turkey Federation

 

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To: House State Government Committee, regarding House Bill 1657

 

Thank you for the invitation to submit comments about House Bill 1657.  I am a long time activist and member of the Pennsylvania Federation of Sportsmen’s Clubs and several Centre County open space and conservation groups. I am also a 25 year resident of Patton Township, Centre County. I have followed the proposed transfer of Rockview Penitentiary land to Pennsylvania State University for about ten years and once this sub rosa deal saw Sunshine, I participated in most community meetings about this issue. Foremost, this land is public land and Article 1, Section 27, the Pennsylvania Constitution, makes it clear that this land is the “common property of all the people….  As trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”  Pennsylvania State University is a non-profit corporation; it is not the public nor is it a public institution or agency.

 

Practically all Centre County conservation, preservation, and sportsmen’s organizations representing thousands of members have also explained for several years that the Rockview public land at issue, including the Spring Creek Canyon, is a state treasure requiring special protection and management by a state conservation agency with the mission and resources to do so. The Western Pennsylvania Conservancy demonstrated this requirement by professional study. The Pennsylvania and Centre County Natural Heritage Inventories [government reports] confirm that finding as well.

 

The attached letter (Tab A) sent by the Pennsylvania Federation of Sportsmen’s Clubs to Governor Rendell, Senator Corman, and Representative Hanna and similar letters sent by the Sierra Club and other conservation and sportsmen’s groups explain specifically the reasons why this land should be conserved.  A September 20th (2007) League of Women Voters [Centre County] forum clearly demonstrated the overwhelming public support to transfer this land only to a state conservation agency.  Others testifying will lucidly explain why protecting the Spring Creek Canyon and adjacent lands is important to all Pennsylvania citizens. 

 

The Clearwater Conservancy agrees with this assessment (above), but because, in my opinion, its board of directors is completely dominated by Penn State employees, it lacks the fortitude to divorce itself from Penn State’s special interest on this issue. 

 

Conserving, protecting, reforesting, and managing  the 1,800 acres of Rockview public land in the manner described by the Western Pennsylvania Conservancy will be expensive.  DCNR earlier stated it will not assume that expense. It is simple and easy to relegate the solution to Pennsylvania State University and let them buy the land for $900 an acre or about $1 million total, a pittance of the real value. Or the Commonwealth could sell the land for farming; it’s worth at least $4,500 an acre or $5.5 million.  Considering its proximity to Interstate 99 interchanges, it is probably worth exponentially more for development.  Penn State and DCNR have held the threat of development over the community.  But there is a better solution for the Commonwealth and all its citizens.

 

Pennsylvania State University owes the Pennsylvania State Game Commission about $7.3 million (from an $8.2 million year 2004 compensation agreement) because they destroyed 950 acres of state game lands, superb small game hunting lands, in adjacent Patton Township.  Penn State did this by exceeding the amount and area of effluent spraying agreed to in the land lease imposed by Pennsylvania GSA Directive 800-103 (1971) and mandated by the then governor of Pennsylvania and contrary to unanimous public dissent at the time.  Penn State  also sprayed without the required permission of the United States Fish and Wildlife Service and was required to compensate the Pennsylvania State Game Commission (Pennsylvania hunters) $8.2 million and to assist in finding replacement land within 60 miles no later than February 28, 2008.  The USF&WS refused to renew the lease in 2003.  The United States Department of the Interior explains that if Pennsylvania State University does not comply with this agreement that the sewage treatment facility may be evicted.  (Please see Tab B, Dept. of the Interior letter, June 29, 2007, page 2, paragraph 2, and a copy of the agreement.)

 

Gary C. Schultz, Senior VP for Finance and Business and Treasurer signed the 2004 agreement for Pennsylvania State University. John Hall, Deputy Attorney General approved the agreement for Pennsylvania.  Penn State, the governor, Representative Hanna, Senator Corman, and the executive branch continue to ignore the settlement.  The land has been found and it is time to complete the compensation.

 

There is a simple solution to the problem of how best to conserve the Rockview lands. 

 

First, objectively and independently assess the value of the Rockview land.

 

Second, transfer the surplus Rockview public land to the Pennsylvania Game Commission with stipulations and conditions. 

 

1.                It is understood that this land will replace the loss of Compartment C/ SGL 176.  

2.                A reasonable portion of the $7.3 million still owed by Pennsylvania State University to the Game Commission to be invested exclusively to acquire, reforest, and conserve the Rockview land by the Game Commission. 

3.                The Game Commission and Western Pennsylvania Conservancy to establish and comply with a mutually agreeable master plan for the protection and management of this land including Spring Creek Canyon. 

4.                Penn State will receive title to Compartment C per the original 2004 agreement and continue spraying effluent on what will now be their own land.

 

This solution solves the entire problem at no cost to the taxpayer and reimburses Pennsylvania hunters for Compartment C.  Over 3,000 non-hunters now use State Game Lands 176 for conservation oriented recreation – game lands are public lands by state law!

 

First priority to conserving this public land, second priority to implementing the 2004 compensation agreement signed by Pennsylvania State University and approved by the Commonwealth. I request the Committee not approve House Bill 1657 and instead consider legislation that transfers all 1,800 acres as public land to be protected and managed by the Pennsylvania State Game Commission forever. 

 

Thank you.

Don Gordon

365 Carogin Drive

State College, PA  16803 (Patton Township)

 

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Dear Representative Josephs:

 

It is essential that the Spring