-----Original Message-----

From: Mike Jens [mailto:TrailFriends@gci.net]

Sent: Thursday, April 05, 2001 7:45 PM

To: Undisclosed-Recipient:;

Subject: A Call to Arms?

Dear Friends-

It's been some time since we've had anything to report, so sorry for the lack of timely information. It seems that over the past 6 months or so most of the work effort has gone into trying to convince Fish & Game that it is appropriate to take the next step, publicly identify at least two preferred route alternatives, and proceed with the detailed environmental studies. This would supposedly lead to choosing a final route alternative and eventually construction.

Unfortunately, as the project currently stands, there is no obvious way forward. Fish & Game continues to thwart efforts to identlfy route alternatives by putting numerous and inconsistent roadblocks in the way of the design study team. The local Fish & Game staff are operating to their own personal agendas and it is unclear whether Commissioner Rue is simply in their camp or is just unable to control their efforts. The bottom line is that the project is suffering from paralysis.

Two events have happened recently which potentially sound the death knell for the project. First, Mark Kawada, the local Fish & Game Habitat Biologist, sent a letter to the design team arguing that any trail routing that even comes close to the wildlife refuge would constitute "Constructive Use" of the refuge under the FHWA Section 4(f) rules and would be unacceptable. In essence, Kuwada is saying that Fish & Game will not support even a study of routing that is in or near the refuge. Without Fish & Game's non-objection, the study team cannot move forward with it's work.

The second event was a letter sent by Jerry Ward and Joe Green to FHWA claiming that the Section 4(f) regulations have not been followed. The letter casts doubt on the decisions and actions of the design study team and attempts to undermine much of the work that has taken place to date. The underlying motive of the letter is to force the project into the full Section 4(f) process. This would ultimately kill the extension of the trail anywhere except along the "Yellow" route, which hardly anyone, except the bluff homeowners, are willing to support. It's clear that Ward and Green are in the hip pocket of the bluff homeowners and Fish & Game and are supporting private agendas.

The bottom line is that this is serious stuff, folks. These efforts have seriously undermined the ability of the project team to move forward with anything except Fish & Game's upland route. It's not clear if Fish & Game or the legislators are the true authors of these most recent diatribes or if they are just being used as mouthpieces by the bluff homeowners. But one thing is clear....taking no action to counter their positions will most likely stop the project. Our help is needed.

So what do we do?

First, we need to get remobilized and find out who has the time and knowledge to address the issues. There are a couple of letters that need to be written and a position paper needs to be developed to show FHWA there is another side to the story. These are conservative bureaucrats who will find it easy to fall in with their Fish & Game brethren if they don't hear anything from the rest of us.

It's been suggested that we develop a legal position regarding the applicability of the Section 4(f) regulations to counter Ward and Green's inquiry. That needs to be done within the next few weeks. Prior to that, we need to put a short letter together asking FHWA not to take any instant actions and to let them know there are other views out there that need to be heard.

It's also been suggested that we get into Fish & Game's business with a Freedom of Information request to try to see who is really behind the absurd positions they are taking. This might prove interesting and maybe even useful, but it will take some effort to do the research and we may find that they are able to protect much of the information that would be damaging anyway. We need someone with a legal mind to advise us of the wisdom of such an action.

Finally, it has been suggested that we try to arrange a meeting with the Governor next time he is in Anchorage. We suspect such a meeting could be arranged, with a little help from our friends. We have also discussed employing a paid lobbyist, which might make sense if we can round up the necessary funding.

Beyond these actions, it remains unclear what else will help.

As usual, we are looking for your help, advice and support. We would appreciate any e-mail responses to stimulate our collective thinking. We're also thinking about trying to pull our core group together for a brainstorming session this weekend. Our office is available as it has been in the past, so how about meeting here at 10:00 Saturday morning for a couple of hours? The address is 3201 C Street, Suite 302. We'd do this next week after work, but I'm out of state for the entire week, and it sounds like our time is critical. So join us if you can on Saturday or send your ideas to the site here.

I have copies of Kuwada's letter as well as the Ward/Green letter. If you would like copies, send me your fax number and I will forward them to you.

Friends of Coastal Trail

TrailFriends@gci.net