Report

 

of the

 

Kenai Peninsula Borough

Trails Commission

 

 

 

March 2, 2000

 

 

 

prepared for the

 

Borough Administration,

KPB Planning Commission, 

and

KPB Assembly

 

 

 

 

Part 1:  Trails Commission Activities and Projects

 

 

Part 2:  Recommendations on Individual Trails

 

 

Part 3:  Recommendation for Borough Action on Trail Issues

 

 

 

Part 1:  Trails Commission Activities and Projects

 

 

GPS Mapping of Trails on Public Land:

 

In the summer of 1999, the Borough Planning Department began mapping trails on public lands within the Borough using Differential Global Positioning System (DGPS) technology.  This project was made possible with assistance from The Rivers, Trails, and Conservation Assistance Program of the National Park Service.  The project concentrates on trails located entirely on Borough and State land that currently lack protection of permanent legal easements.  During the summer of 1999, approximately 100 miles of trails were mapped.  Trails Commissioners and other community members generously volunteered many hours of their time to accomplish this.  Data was gathered using Differential GPS technology with sub-meter accuracy.  Location data is currently being entered into the Borough Geographic Information System (GIS).  Accurate location data provides the first step toward establishing easements on these trails.  Data can be used to prepare trail location diagrams to request public easements on State land.  Accurate locations for trails on Borough land will assist the administration in decisions regarding these trails and facilitate the establishment and recording of legal easements. 

 

Accurate locations for trails on borough land will also assist Borough Planning and Land Management when making decisions regarding the development or sale of Borough land. 

 

The Trails Commission (TC) recommends that this project continue, and that the following winter trails be mapped: the Exit Glacier Road pedestrian trail, Mills Creek, Upper Calm Gulch Trail, Caribou Lake from Eagle Lake to Caribou Lake, North Fork Hills Road, Upper Mile 126 Trail, and other Caribou Hills trails as time permits.  Mapping of some of these trails will require permission from Native Corporations, the University of Alaska, or private landowners.

 

 

Training for Trail Volunteers:

 

A multi-day trail building skills training will be held in the Kenai Peninsula Borough in late summer of 2000.  The training is aimed at community volunteers involved in trail work, and will include practical training in trail design, construction, and maintenance.  The training program will be provided free of charge to a limited number of participants.  The Southeast Alaska Guidance Association will conduct the training program as part of a skill building program funded through a State TRAAK grant.  A Borough contribution is needed in the form of logistics planning.

 

Volunteers are the backbone of trail improvements and maintenance in Borough communities.  Training programs of this sort can improve trails and avoid or alleviate trail problems caused by improper design or building methods.  Space will be limited, and the KPB Trails Commission will assist in recommending individuals or groups whose participation will most benefit community trails.  In choosing recommended trainees, the TC will attempt to achieve equitable geographic distribution and user-group affiliation.

 

The Trails Commission recommends that the Borough help facilitate this training by dedicating staff time to logistics planning for this event.

 

 

Reviews of Borough Actions and other Projects:

 

The Trails Commission reviews and comments on preliminary plats, petitions to vacate, Borough land classification, and state and federal actions with potential effects on trails and public access.  Comments and recommendations are passed on to Borough staff. 

 

The TC welcomes suggestions from the Borough Administration and Planning Commission on the content and protocol for forwarding comments. 

 

Community Trail Needs:

 

The Trails Commission continues working with communities and trail user groups to identify community needs with respect to trails and public access.  A “Preliminary Trail Needs List” was developed in conjunction with the Trail Plan.  The Needs List is rough, and should be updated or replaced.  The usefulness of a list of “needs” lies in the ability of other agencies to cite specific trail related projects that have been identified and recognized by the Borough.  For example, a list of recognized needs is beneficial to DOT, who can incorporate trailheads or pedestrian access when designing transportation projects.  Simple recognition of a need can also be useful to non-profit organizations in obtaining grants for trail improvements or maintenance. A comprehensive list of needs will be developed as specific individual needs and issues are identified.  This report might be considered a first installment of a comprehensive needs list.

 

 

Trail Inventory:

 

In 1998, the Trails Commission developed a series of maps showing trails and routes used by the public.  Trails used by the public are shown regardless of legal status of the trails. These maps were developed over the course of approximately one year through a series of public meetings and are housed in the planning department.   

 

Current trail information contained in the Borough’s GIS is primarily data compiled by DNR during research for the Kenai Easement Atlas.  The GIS data and the hand marked USGS maps do not adequately show the legal status of trails.  The information is for planning purposes only, and is not suitable for public distribution.

 

The Borough’s trail inventory is far from complete, and needs to be continued.  Specifically, the Borough needs accurate information regarding the location of routes used by the general public.  GPS mapping of trails is helping to fill this need.  Development of the trail inventory will include the attachment of attribute data to GPS trail locations.  Records regarding trail status, use, have begun to be developed as information is gathered on individual trails.

 

In addition to information on the physical location and condition of trails, we need more information on trail use and user preferences.  Information of this nature is essential for planning trail systems that meet the needs of the community and users, and is often useful in seeking grant funding for projects.  The Borough should encourage studies and surveys that provide empirical data on trail use and information regarding trail use habits in the Borough.

 

 

Iditarod National Historic Trail:

 

The Iditarod National Historic Trail is the only National Historic Trail in the State.  In 1999, the Iditarod Trail was also designated a “Millennium Trail”, one of only 16 trails nationwide to be honored with the designation.  Within the Borough, much of the original Iditarod Trail was overlain by the Alaska Railroad and the Seward Highway.  A public use alternative route was designated for those portions that were overlain.  The Seward Iditarod Trail Blazers, a non-profit organization, has adopted the goal of completing the trail from Seward to Girdwood by 2008. The USFS is the lead agency for management of the Iditarod National Historic Trail in the Borough.  Work on the trail has progressed within the City of Seward, and from Nash Road to Mile 12.  A connection needs to be made between the City of Seward and Nash Road, and the trail continued from Mile 12 to Johnson Pass Trail and from Johnson Pass Trail to Girdwood. 

 

The Rivers, Trails, and Conservation Assistance Program of the National Park Service has agreed to facilitate a series of 4-5 meetings to discuss development of a conceptual plan and to seek renewed support from land managers for completion of this trail within the Kenai Peninsula Borough.  Strategies for funding will also be discussed at meetings. 

 

The Iditarod National Historic Trail is a tremendous asset to the Borough.  The Borough should promote the fact that the Iditarod Trail begins at the Seward waterfront.  The TC recommends that the Borough support completion of the public use alternative trail and actively seek funding for planning, design and construction of the trail within the Borough.  The TC would like the Borough to seek support from Alaska’s Congressional delegation for this project and request funding for the USFS Seward Ranger District earmarked for planning and development of the Iditarod Trail.

 

 

Exit Glacier Road Trail Committee:

 

Two members of the KPB Trails Commission are facilitating meetings of a community group organized to discuss winter-use conflicts on Exit Glacier Road.   Issues revolve around the sometimes conflicting goals of motorized and non-motorized users, and the difficulty of sharing a single trail.  The “Exit Glacier Road Trail Committee” is a citizen group composed of skiers, dog mushers, snowmachiners, and pedestrians, that operates independently of any agency.  The group has already accomplished installation of signage encouraging courtesy on the multi-use trail, and meets monthly to address issues relating to shared use of the trail.  This is a grass roots group of residents working together to find local solutions to local trail use issues.  The Borough should support the recommendations of this multi-use group, including support for a separated trail for non-motorized traffic.  If staff time allows, Borough support in the forms of research, contacting agency representatives, and mailing of meeting notices would help this group to reach community-based solutions.

 

Supporting Community Trails through the STIP:

 

There is interest in Borough communities in participating more effectively in the State Transportation Improvement Program (STIP) process to achieve higher rankings for TRAAK projects and include appropriate pedestrian access on road projects.  Even with the extensive effort of DOT to solicit public input, the process can be quite intimidating.

 

Official Borough support for projects increases their ranking in the STIP.  Since Borough projects compete for funds against projects from other parts of the state, the Borough as a whole would benefit by a greater number of high-ranking projects.   A delineated process for requesting official Borough support for STIP projects may help communities to participate more effectively.  The Trails Commission submitted comments to the Borough administration on the 2001-2003 STIP.  Comments from the Trails Commission were forwarded to DOT. 

 

A list of TRAAK projects and transportation enhancement recommendations will be found in Part 2 of this report.

 

 

Borough Web Site:

 

The KPB Planning Department has posted information about the Trails Commission on the Borough web site.  Information about organized trail groups in the Borough is also posted on the site. 

 

Posting of Trails Commission meeting notices, agendas, and meeting summaries helps to keep Borough residents informed about Trails Commission activities, and is greatly appreciated.  Other information on the site will be updated as staff time allows. 

 

 

Supporting Trail User Groups:

 

The KPB Trails Commission works with trail user groups to help make improvements to trails in the Borough.  We are working with trail groups to raise awareness and foster communication among the user groups themselves, and with the Borough and other government agencies. 

 

Part 2: Recommendations for Individual Trails

 

 

Establishment of Easements for Trails and Trailheads on State and Borough Land:

 

Several important community trails have portions on Borough and State land.  In some cases, existing trails lead to other public land with established trails, but trail easements were not reserved prior to transfer of title to the State or Borough.  Locations for several of these trails were mapped during the summer of 1999.

 

Easements should be established for the trails, and trailheads areas set aside where necessary.  The easements should specify the appropriate uses of the trail (i.e. access easement that allows motorized use by vehicles less than 1000 lb. Gross Vehicle Weight, or pedestrian easement, or winter-use easement).  Appropriate uses should be determined by analysis of the capabilities and constraints of the land, as well as the needs and desires of the community, adjacent landowners, and trail users. 

 

The following trails were part of the Differential GPS mapping project conducted in the summer of 1999.  Public easements should be established across Borough and state land for the following trails:

 

·        Slaughter Gulch Trail, Cooper Landing.  This trail continues to USFS land.  The KPB Trails Commission recommends that a trail easement be reserved on Borough land for the trails and that a trailhead area be reserved.  

·        Pollard Horse Trail, Kasilof.  This trail crosses Borough land East of Yukon Loop and continues to KNWR land and Tustumena Lake.  An easement should be reserved for the trail where it crosses Borough land.  Trail users accessing the trail from Yukon Loop currently park on the roadway and on private land.  A trailhead area is needed somewhere in the vicinity of Yukon Loop that will accommodate vehicles with horse trailers.  

·        Watermelon Trail, Homer area.  A trail or road easement is needed across Borough land allowing motorized use.  The trail leads to state land, and then onto CIRI owned land.  The current trailhead is located on State land adjacent to Ohlson Mt. Road.  This parcel may be selected a part of the Borough’s municipal entitlement.  A trailhead area should be reserved in this area to accommodate vehicles and trailers.   Portions of the trail need rehabilitation and stream crossings need to be treated appropriately to minimize damage.  Trail status needs to be determined across CIRI land and a small private parcel.  If necessary, easements should be secured, or the trail relocated around the private parcels. 

·        Baycrest Ski Trails, Homer.  A winter use easement should be reserved for a ski and pedestrian trail loop on Borough land East of the Homer Demonstration Forest. This loop is part of the Baycrest Ski trail system. The Kachemak Nordic Ski club would also like dedication of a 4 season trail route from East to West through this area as a segment of a planned 4-season, non-motorized community trail from McNeil Canyon to Diamond Creek.  The current trailhead, located on a section line on Roger’s Loop may be lost to road development.  A trailhead is needed along the Sterling Highway to accommodate high use of the trails during events. .  (Borough Parcel #’s 17316054, 55, 56, 57, 17367004, 07)

The TC also recommends that an unbuildable Borough-owned parcel on Diamond Ridge Rd. (#17304014) be retained for its potential for limited trailhead parking for an Eastern access point to the Baycrest System.

·        Bean Creek Ski Trails, Cooper Landing.  Winter easements should be reserved for cross-country ski trails popular with local residents and guests of Princess Lodge and other commercial lodging facilities.  Bean Creek Trail itself provides access to the Resurrection Pass Trail. A trailhead may be developed by DOT during paving of Bean Creek Road.  

·        Bear Lake Trails, Seward.  An easement exists for the Iditarod National Historic Trail on Borough land Southeast of Bear Lake.  More accurate location was made available by GPS mapping of this trail.  A network of access trails and logging roads exists on State and Borough land south of Bear Lake.  Easements should be reserved for the Iditarod and other access trails on State land in the area.

·        Birch Hill, Cooper Landing.  Easements should be reserved for ski and pedestrian trails located behind the Cooper Landing Elementary School, and used in school activities. 

·        Coyote Notch, Cooper Landing.  The Trails Commission recommends that easements be reserved for existing trails on Borough land in the vicinity of the proposed Sunrise Subdivision.  Trails in this system also provide access from the Old Sterling Highway roadbed to Russian Gap.  

·        Elton’s Ridge, Anchor Point.  An easement should be reserved for a trail on Borough land off of North Fork that follows a ridge to Epperson Knob.  The current legal access is not suitable for development as a public trailhead, and a more appropriate trailhead and access route needs to be determined.  The community may wish to designate a portion of this parcel as open recreation area. 

·        Grant Lake Trails, Moose Pass.  Easements should be reserved on State land for access trails to Grant Lake.  Routes are former mining and milling access trails. 

·        Iditarod National Historic Trail, Seward area.  Easements should be recorded on the fully constructed portions of trail and for access trails.  Constructed portions are on Borough, State and Federal land.  General location for the incomplete portions of the public use alternative trail have been agreed upon in the Iditarod National Historic Trail Comprehensive Management Plan and in a Memorandum of Understanding between KPB and the BLM.

·        Homestead Trail, Homer.  Easements should be reserved for portions of the Homestead trail crossing Borough land North of Diamond Ridge Road. (KPB parcel #s 17303160, 17303163, 17303164)  Tveeden Trail also crosses one or more of these parcels.

·        Lookout Mountain Ski Trails, Homer.  A recreational use area should be considered for popular cross-country ski trails on Borough land off Lookout Mountain road.  This site is looked upon as a potential site for development of a four-season trail course (Mt. Bike, ski, hiking, running)

·        McNeil Canyon Ski Area – A seven km ski trail is located West of McNeil Canyon School.  The school parking lot is used as a trailhead by snowmachiners using the Caribou Lake Trail.  Signage is needed to keep snowmachine and ski use separated. 

·        Nikiski Community Trails, Nikiski.  Easements or a recreational use area should be established on Borough land for the Nikiski High School ski and running trails north of the High School.

·        North Fork Hills Trail – North Fork Hills Road is dedicated for approximately 3 miles from its beginning at North Fork Road.  The Borough should consider dedication of an easement through Borough land beyond this point as a snowmachine access route to Caribou Hills Special Management Area. 

·        Vagt Lake Trail, Moose Pass.  An easement and trailhead area should be sought on State land for Vagt Lake Trail.  A management agreement for this trail should be discussed with the USFS.

 

Other Trail Improvements on Public Land:

 

·        Clam Gulch Trail and Trailhead, Clam Gulch.  Clam Gulch trail is the most heavily used access trail to the Caribou Hills and is one of the few access trails to the region that is almost entirely protected by legal public easements for winter use.  The trail is groomed and signed by the Caribou Hills Cabin Hoppers Snowmachine Club.  However, there are two segments that cross University of Alaska land near the beginning of the trail on which there are no easements. In April of 1999, GPS location data was collected on the beginning portion of this trail.  The University was aware of and involved in the fieldwork.

 

The current trailhead for Clam Gulch Trail is on state land across the highway from the trail, requiring trail users to cross the Sterling Highway.   

The TC recommends that the Borough discuss this issue with the University of Alaska and actively seek solutions to the easement and trailhead problems.  Options that should be considered include acquisition of the trail easement only, or a land trade with the University to acquire the trail and space for an adequate trailhead.

 

 

·        Caribou Lake Trail – (McNeil Canyon to Eagle Lake)  In the spring of 1999, the Trails Commission held a meeting in Homer to discuss access conflicts on the Caribou Lake Trail from McNeil Canyon to Eagle Lake.  The conflict involved the wish of a private landowner to close trail access across his land.  No legal easement is recorded across the parcel.  The trail also crosses several other private parcels on which there are no known easements.  The trails commission recommended that an alternative route be sought around the parcel and offered assistance in determining an acceptable alternative route.  Trail users chose to pursue a public prescriptive easement for the trail through the court system.  Trails Commission involvement in seeking a resolution to the conflict ceased at this point.  The case went to trial in January.

 

A Memorandum Decision and Order was handed down from the Alaska Superior Court on Feb 9, 2000 on the Mike Eastham, et al., v. Thomas Price suit.  The Plaintiffs had sued for public prescriptive easement on the Caribou Lake Trail across property owned by Tom Price.  Judge Harold Brown did not specifically rule on the prescriptive easement, but ruled that the testimony shows acceptance by public use of an RS 2477 Right of Way on the trail.  The judge also raised concerns over establishment of a public highway by a relatively small number of people followed by a dramatic increase in the number of users, regulation of RS2477 easements, and broader questions of social policy raised as more people acquire the technology to reach more remote areas.

 

The case may be appealed.  Regardless of the outcome of the case or appeals, the Trails Commission recommends that the entire trail be relocated onto alternate existing legal access and public lands to alleviate conflict between land owners and trail users, and to minimize damage to natural resources.

 

·        Caribou Lake Trail (Eagle Lake to Caribou Lake)  This portion of the trail is primarily on public land.  Small sections that cross CIRI land should be relocated.  A trailhead should be developed near Eagle Lake to encourage trail users to begin their journey at this point rather than using the southern portion of the trail (the Homer SnoMads snowmachine club is working on this).  The trail also crosses extensive wetlands, and receives a great deal of summertime use by ORVs and 4 WD vehicles.  This summer use has led to severe damage to wetlands, clearly visible on aerial photographs.  Many summer users are private landowners who use the trail to access their land. 

 

The TC recommends that this portion of the trail be designated a winter-use route, and an alternative route determined for summer access. 

 

To avoid future problems associated with access to private land across inadequate or inappropriate routes, the Trails Commission recommends that the Borough subdivision regulations be changed to require legal, constructable, public access to subdivision, not only within the subdivision.

 

 

·        Manitoba Mountain – User conflicts are escalating between backcountry skiers and snowmachiners. 

 

The TC recommends that the Borough encourage the Alaska Department of Natural Resources and the USFS to sign a Memorandum of Understanding to provide consistent management across State and Federal Lands regarding non-motorized designation of the area.

 

Projects for Inclusion in the State Transportation Improvement Plan:

 

Priority projects for inclusion in the State Transportation Improvement Plan (STIP):

·        Separated path/trail along Exit Glacier Road

·        Safe pedestrian crossings at bridges North of Seward

·        Safe pedestrian/snowmachine crossing at bridge on North Fork Road in Anchor Point

·        Safety path connecting schools in Nikiski

·        Inclusion of Iditarod National Historic Trail and trail connections from Seward to Girdwood

·        Pedestrain path on Nash Road as part of the Iditarod National Historic Trail

·        Connection between Tsalteshi Trail System and KNWR trail system, and to Centennial Park, the Kenai River Center, and Visitor’s Center. 

·        Extension of the bicycle/safety path in Moose Pass

·        Anchor Point Beach Access Improvements

·        Clam Gulch Trail Trailhead

·        Soundview Ave. Trail construction – Homer

·        Safe pedestrian access along Ski Hill Road - Soldotna

 

 Other project and enhancements noted for inclusion on the STIP:

 

·        Safe Pedestrian access between communities, campgrounds, and trailheads along the Seward Highway

·        Rehabilitation/enhancement of the “ball diamond” public use area in Moose Pass

·        Bicycle/pedestrian access along all portions of the Seward Highway as it is reconstructed.

·        Extension of the Cooper Landing pedestrian safety path in both directions

·        Quartz Creek Road and the old highway roadbed from Crescent Lake trailhead to the Sterling Wye should be developed and maintained as a bicycle/pedestrian route.

·        Pedestrian access/pathway along highway between Anchor Point and Baycrest Hill

·        Pedestrian pathway on East End Road

·        Pedestrian trail on Kachemak Drive

·        Pedestrian access and improvement of trailheads on Skyline Drive and Diamond Ridge

·        Pedestrian/safety path on Island Lake Road

·        Pedestrian access on all bridge replacement/rehabilitation projects

·        Remediation of Mile 12 ski trails - Seward

·        Bridge Access Road pathway – Kenai

·        Harbor to Airport pedestrian access improvement – Seldovia

·        City of Seward pathway construction

·        Soldotna School trail construction


Part 3:  Recommendations for Borough Action on Trail Issues

 

 

Caribou Hills Transportation Planning:

 

Of all regions in the Borough, the Caribou Hills region is most in need of a comprehensive transportation (roads, transportation and recreational trails) plan.  Most of the routes used by the public in this region do not have legal public easements, or have discontinuous easements.  Seismographic exploration in the late 1950’s and early 1960’s left a network of cleared corridors that have become winter and summer trail routes.  In addition to seismic lines, the region has seen extensive logging in recent years, leaving a system of both summer and winter logging roads that are also seeing increasing public use.  Private land development is leading to the establishment of a substantial winter population, and well as a growing number of year-round residents.  Increasing summer use of seismic lines and logging roads by off-road-vehicle traffic is causing damage to wetlands, riparian areas, and anadromous fish streams.  ADF&G conducted a pilot study of ORV trails and stream crossings in a small portion of this area, and will continue the study and expand the study area in the summer of 2000.  Data from this study will provide valuable information for trail and transportation planning.

 

In recent years, local snowmachine clubs have received TRAAK grants for work on winter trails in this region.  Legal public access, or permission of the owner is a requirement of the grants.  Improvements proposed for dedicated portions of trails need to take into account the effects the improvements may have on the use of non-dedicated portions of the trails.  Establishment of a reasonable legal transportation and recreational trail system will benefit residents of the region as well as the many recreational users from neighboring communities, minimize conflicts between landowners and trail users, and promote orderly development.

 

The TC recommends that the Borough pursue funding for a transportation (road and trail) plan for this region.  A reasonable definition of the area might be South of Tustumena Lake, East of the Sterling Highway, North of East End Road, and West of the KNWR boundary. The complex checkerboard of land ownership complicates both the establishment of legal access routes and management of those routes.  Adoption of any plan for the Caribou Hills will require active involvement of all land managers in the region  (Borough, State DNR, CIRI, NNA, University of Alaska, ADF&G, KNWR) as well as regulatory agencies involved in permitting and management of public resources.  Any final agreement would need to be signed by all participating land managers.  This is a major undertaking that will require significant funding. 

 

 

Legislative Action:

 

The State of Alaska lags behind other states in the union in the area of liability protection for private landowners for uninvited and uncompensated recreational use of their property.  This protection is generally granted through State “Recreational Use” Statutes.  The protection granted by the State of Alaska’s statute is relatively weak compared to the protection granted by the statutes of other states.  Recent changes in Alaska’s Statute granted landowners protection from liability for injuries stemming from use of a public easement that crosses his or her land or from use of a conservation easement that grants public access.  While this may be seen as an improvement in liability protection for landowners, it does not approach the protection granted by other states, or adequately address the concerns of landowners in the State of Alaska.   In 1999, at the urging of the Trails Commission, the KPB passed Resolution 99-051 supporting improved liability protection for uninvited and uncompensated recreational use of private land regardless of the existence of a public easement. 

 

The Trails Commission recommends that the Borough continue to advocate for improvement to Alaska’s Recreational Use Statute, and place the issue on the Borough’s legislative priority list. 

 

 

Grant Application Assistance:

 

In 1999, the KPB Trails Commission provided assistance to the Seward Iditarod Trailblazers in filing a grant application.  The organization was awarded a $10,000 grant for trail work. Competition for grant funding for trail improvements is intense, and it is in the Borough’s interest that as many local projects as possible receive grant funding.

 

The TC recommends that if staff time is available, the Borough provide advice and assistance to local trail groups in writing grants for proposals that improve trails in the Borough. 

 

The TC also recommends that the Borough administration pursue grant funding and funding from government sources to promote trail planning and improve existing trails.

 

 

Enforcement of Use Restrictions on Trails on Borough Land:

 

There is some question as to the enforcement authority and responsibility on ski and running trails on Borough land (Nikiski High and Recreation Center, Tsalteshi, and McNeil Canyon)  The Trails Commission would like to discuss this issue with Borough Land Management and Legal Department staff

 

 

Easement Education:

 

There is a need for information and educational programs regarding the legal aspects of trails, roads, and easements.  Easement training would useful to landowners, planning commissioners, assembly members, advisory planning commissioners, trail users, and realtors.

 

The TC recommends that the Borough Planning Department consider presenting an Easement Seminar for the benefit of the community.