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BELLS FLATS TR A BK 3 ALL - Conditional Use PermitS if \ A ; _1 \hi-11 DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL HEALTH SOLID WASTE PROGRAM 555 CORDOVA STREET ANCHORAGE, ALASKA 99501 http://www.state.ak.us/clec/home.htm June 17, 1997 Mr. Bill Oliver Brechan Enterprises 2705 Mill Bay Road Kodiak, Alaska 99615 Re: Expired Solid Waste Disposal Permit No. 8621-BA019 Dear Mr. Oliver: TONY KNOWLES, GOVERNOR Telephone: (907) 269-7590 Fax: (907) 269-7655 Recently we received an inquiry about waste disposal activities in the Bells Flats area of Kodiak Island. We have reviewed our records and wanted to notify you that the solid waste disposal permit (No. 8621-BA019) issued to Brechan Enterprises has expired. The expired permit, issued to Brechan Enterprises on May 7, 1987, allowed the disposal of inert debris in an area known as Bells Flats. The referenced permit prohibited the disposal of metals, garbage, asphalt, or any other leachable waste. Please provide the required documentation described in the permit showing the closure conditions have been met. Also, be aware that a permit issued by our Department is required to dispose of solid waste. This is separate from, and may be in addition to, a Conditional Use permit which may be required by the Kodiak Island Borough.. If Brechan Enterprises has a future need to dispose of limited volumes of inert waste, you may want to apply for coverage under our General Permit for this type of operation, otherwise an individual permit will be required. Permit applications are available at ADEC's offices or if you request we can send one to you. If you have any questions or need additional information, please do not hesitate to call me at above phone number. Sincerely, atUal Laura Ogar Solid Waste Program Coordinator cc: Bill Rieth, ADEC/Anchorage Everett Stone, ADEC/Kodiak Linda Freed, MB COMMUNITY-DEVELOPIVIENT DEPARTMENT ..3;"inteci Kodiak Island Borough Henry Friedman Department of Environmental Conservation Southcentral Regional Office State of Alaska 437 E Street, Suite 200 Anchorage, Alaska 99501 710 MILL RAY ROAD KODIAK, ALASKA 99615 =6340 PHONE (907) 486 -5736 RE: Brechan Solid Waste Permit Application No. 8621 -BA019 Dear Mr. Friedman: June 24, 1987 The Kodiak Island Borough Planning and Zoning Commission at their June 17, 1987 meeting granted a conditional use permit to Brechan Enterprises, Inc., for a landfill site on Block 3, Tract A, Bells Flats Alaska Subdivision. The landfill site is also the subject of the above referenced solid waste management permit. In granting the conditional use permit, the Planning and Zoning Commission attached the following conditions of approval: 1. Section 17.24.060 (A through G), performance standards for industrial land uses, are incorporated as a condition of approval for this conditional use permit. 2. An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough. The purpose of this letter is to address condition number two. This condition resulted from public testimony, which pointed out that the permittee was the sole entity responsible for monitoring for compliance with ADEC permit conditions. At this time, the Kodiak Island Borough would like to solicit your expertise and assistance in discussing development of a monitoring schedule. If you would like to discuss this matter in greater detail, please do not hesitate to contact me at 486 -5736, extension 255. Sincerely, Robert H. Pederson, Associate Planner Community Development Department cc: Planning and Zoning Commission Womens Bay Community Council Brechan Enterprises, Inc. Michael Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486 -5736 June 18, 1987 RE: CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished, buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. Dear Mr. Brechan: The Kodiak Island Borough Planning and Zoning Commission at their meeting June 17, 1987, granted your request for the conditional use permit cited above subject to the following conditions of approval: 1. Section 17.24.060 (A through G), performance standards for Industrial land uses, are incorporated as a condition of approval for this conditional use permit. 2. An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough. The Commission also adopted the'following findings in support of their decision: 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The block in question has been used for a variety of industrial activities since the 1960's and landfilling activities were included in the concept of the 1979 development plan for the property. Surrounding land uses include industrial activities, vacant publicly owned tracts and RR1- -Rural Residential One Zoning District lots to the northwest. Based on the I-- Industrial Zoning of the site, the proposed use should have relatively little additional impact on surrounding properties when compared to potential impacts that could result from permitted industrial land uses and activities. The existing industrial land uses will not be affected by the proposed use. Lastly, the proposed use is consistent with the Industrial Comprehensive Plan designation for this site. Kodiak Island Borough Michael Brechan June 18, 1987 Page Two 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the I-- Industrial Zoning District such as setbacks. Adherence to the performance standards (Section 17.24.060 of the Borough Code) for industrial uses can be assured through a condition of approval to the permit. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. As discussed in the comments section, no hazardous materials or wastes will be placed in the waste cells and the proposed use must receive approval for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). These requirements should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that by definition alone, industrial activities can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the site is a long established and utilized industrial area, the property is zoned I-- Industrial, the property is designated for Industrial land uses in the Comprehensive Plan for Womens Bay and the proposed use characteristics do not appear to be any more detrimental to public convenience and comfort than the existing activities on the site. In fact, a properly filled area could be more attractive than the existing area of scattered and open debris. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed solid waste fill area is not adjacent to any residential uses or zoning categories. There is sufficient lot area and setbacks to accommodate the proposed use in conjunction with existing activities. Additional safeguards are provided through ADEC regulations and the performance standards (Section 17.24.060 of the Borough Code) for industrial land uses. These safeguards should be sufficient for this case. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. You must first obtain zoning compliance and /or a building permit. Please contact this office for further details. Kodiak Island Borough Michael Brechan June 18, 1987 Page Three An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. This letter shall constitute your conditional use permit. Please bring it with you when you come to our office to obtain zoning compliance for any construction on your lot. If you have any questions about the action of the Commission, please contact me. Sincerely, Robert H. Pederson, Associate Planner Community Development Department There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. BOB PEDERSON indicated 31 public hearing notices were mailed for this case and 5 were returned, opposing this request. Staff recommended approval of this request. COMMISSIONER MOVED TO REMOVE CASE 86 -084 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. Regular Session Closed. Public Hearing Opened: JACK DOYLE appeared before the Commission and expressed opposition to this request. Mr. Doyle noted that the Commission had received a petition signed by 75 residents of Womens Bay stating opposition to the conditional use permit at the December 1986 public hearing and that another petition containing 31 signatures had been sent to the Alaska Department of Environmental Conservation (ADEC) regarding the burning that took place last fall. A discussion ensued amongst the Commissioners and Mr. Doyle regarding disposal of asbestos and other toxic wastes. Mr. Doyle stated that even if the asbestos was removed from the site, he would be adamantly opposed to the landfill, that the asbestos was to have been removed from the debris that was previously brought to Brechan's yet there was still asbestos present when the material arrived despite the safeguards. It was noted that the ADEC permit prohibits the disposal of waste other than concrete, asphalt, ash and wood products. OMAR STRATMAN, President of the Kodiak Livestock Cooperative, appeared before the Commission and stated that the Cooperative was directly downstream from Brechan's and that the Cooperative needs potable water or it will be closed. Mr. Stratman stated that once the dumping begins there would be no guarantee that the material dumped would conform to ADEC's requirements. JEFF THRASHER, President of the Womens Bay Community Council, appeared before the Commission and expressed concern regarding the monitoring of the landfill. Mr. Thrasher requested that the Kodiak Island Borough participate in the inspection process and that inspections of water quality should occur on at least a monthly basis. Mr. Thrasher noted that the Assembly is opposed to opening another landfill and asked if we really needed another landfill. CHAIRMAN RENNELL asked if Mr. Thrasher was present as a representative of the Womens Bay Community Council. Mr. Thrasher responded that during the summer months a quorum is not available but that he felt the concerns he expressed were the consensus of members of the Womens Bay Community. COMMISSIONER HEINRICHS asked Mr. Thrasher what sort of monitoring he envisioned. Mr. Thrasher responded that the materials being dumped should be monitored. JIM COBIS, a member of the Womens Bay Community Council, appeared before the Commission as a private citizen and stated that the ADEC permit required the monitoring be done by the permittee. Mr. Cobis stated that if the Kodiak Island Borough Planning and Zoning Commission granted a conditional use permit, the Borough would be the permitter and that the permitter ought to monitor, on at least a monthly basis, to ensure that the input into the dump does not Planning & Zoning Commission 2 June 17, 1987 Minutes adversely affect the water and air quality of this densely populated area. GLEN MATHES, adjacent property owner, appeared before the Commission and noted that the landfill has created a nuisance and will potentially create a nuisance which is contrary to Borough Code Section 17.24.060 (Performance Standards). Mr. Mathes also questioned the wisdom of opening a new landfill on Kodiak Island. MIKE BRECHAN, President of Brechan Enterprises, Inc., appeared before the Commission and reviewed the history of this request. Mr. Brechan stated that Brechan Enterprises did not want to bury asbestos on the property and they do not want to bury anymore ash. Mr. Brechan noted that he appreciates the residents' concerns and is willing to work with the Borough on monitoring but that he needs to have qualified monitors. Mr. Brechan also noted that the asbestos must be contained or abated before anything else could be done. CHAIRMAN RENNELL asked if development plans to fill the hole were included in the sale agreement when the land was purchased. Mr. Brechan replied, "yes." JIM COBIS reappeared before the Commission and noted that the development plan was pretty vague and without penalties if it was not completed. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit a dump or landfill site containing debris from demolished buildings to locate in an I-- Industrial Zoning District on Block 3, Tract A, Bells Flats Alaska Subdivision, subject to the conditions of approval outlined in the staff report dated December 17, 1986, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the importance of public comments and how the concerns about monitoring could be worked out with ADEC, the Borough and Brechan Enterprises. Community Development Department staff noted that Borough monitoring would be dependent on what type of monitoring was needed, the specific requirements of the monitoring and whether or not the Borough had personnel with the requisite expertise to perform such monitoring. COMMISSIONER HEINRICHS MOVED AMEND THE MAIN MOTION by adding the following: "Condition Number Two: An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough." The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by majority roll call vote. Commissioner Thompson voted "no." CONDITIONS OF APPROVAL 1. Section 17.24.060 (A through G), performance standards for Industrial land uses, are incorporated as a condition of approval for this conditional use permit. 2. An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough. Planning & Zoning Commission 3 June 17, 1987 Minutes FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The block in question has been used for a variety of industrial activities since the 1960's and landfilling activities were included in the concept of the 1979 development plan for the property. Surrounding land uses include industrial activities, vacant publicly owned tracts and RR1- -Rural Residential One Zoning District lots to the northwest. Based on the I-- Industrial Zoning of the site, the proposed use should have relatively little additional impact on surrounding properties when compared to potential impacts that could result from permitted industrial land uses and activities. The existing industrial land uses will not be affected by the proposed use. Lastly, the proposed use is consistent with the Industrial Comprehensive Plan designation for this site. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the I-- Industrial Zoning District such as setbacks. Adherence to the performance standards (Section 17.24.060 of the Borough Code) for industrial uses can be assured through a condition of approval to the permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. As discussed in the comments section, no hazardous materials or wastes will be placed in the waste cells and the proposed use must receive approval for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). These requirements should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that by definition alone, industrial activities can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the site is a long established and utilized industrial area, the property is zoned I-- Industrial, the property is designated for Industrial land uses in the Comprehensive Plan for Womens Bay and the proposed use characteristics do not appear to be any more detrimental to public convenience and comfort than the existing activities on the site. In fact, a properly filled area could be more attractive than the existing area of scattered and open debris. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed solid waste fill area is not adjacent to any residential uses or zoning categories. There is sufficient lot area and setbacks to accommodate the proposed use in conjunction with existing activities. Additional safeguards are provided through ADEC regulations and the performance standards (Section 17.24.060 of the Borough Code) for industrial land uses. These safeguards should be sufficient for this case. B) CASE 87 -035. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit an addition onto the side of the existing single - family residence to encroach four (4) feet into the required fourteen (14) foot side yard setback in a RR1- -Rural Residential One Zoning District on Lot C -1, U.S. Survey 1678; 2231 Three Sisters Way. (Richard and Sandra Thummel) Planning & Zoning Commission 4 June 17, 1987 Minutes KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARImiNT 710 Mill Bay Road Kodiak, Alaska 99615 tlro/e-g ITEM VI-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 17, 1987. The meeting will begin at 7:30 p.m. in the Borough Assembly. Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments,, if any, on the following request: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3,_Tract_A,Bells_Flats_Alaska_ Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: (len rt ' e5 Mailing Address: 00?( c26/5 Your property description: L0 i /7- 6(.0 Comments: K 7 TA-lef Cliaitcv00 scc_ka, T:> 'Uses 'tee ern Vee % m i l e s C r 0 c O\DnoX% 005 ociOr-S- , (Lao t OC: CA_A Y..411 ervx ■S on C Ge- r (Do_ ck.A1 SV0A M' ‘2, e o e ‘,1 Or i . Corr-os, v e S \-■oN us ■ Insci o ..Vt-] 1 0 fer o--"\-:6 As e cktr .% V■ 1 \ A- V)14.5 y. t -5 GL._ vl u il 5 cA..,n cc- L,N0 or, e- -::: 0,.c..or-A i n \-0 c_ \ &v..d , et, • Pn4a-, J one) u e. qvcs exj -----,„ - .,. KODIAK ISLAND BOROUGE COMMUNITY DEVELOPMENT DEPAR,-NT 710 Mill Bay Road Kodiak, Alaska 99615 VI-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 17, 1987. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, ' Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3. TrAct_A.,_Bells-Elatz-Alaska--- Subdiviiion; 224'Seim-ahbeiry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. VIICIRIVIIO JUNI1WI commumrt VELMENT If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: /4 OYU/L.1- c/ Mailing Address: Your property description: fi Comments: The creation of a dump site in this area could have a very .negative impact on the water sunnlv on which the slaughterhouse is dependant. If such a dump is even permitted as described, very serious consideration and caution needs to be exersized. Should the water supply become contaminated with hazardous Chemicals such as PCB's or dangerous particulates like asbestos, the water supply would .be:rendered useless and therefore damaoin ::! to es or residences. "' . r-- KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTAT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 17, 1987. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Trazt,,A,_Bells -SUbdiiiision; 224 SalitiOribetry'Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: AO/ Mailing Address: 6 - f A Your property description: 471.16(!01 ,4/ ,J�/ .44/4-/ Comments Lden L.,(14 led 4._/ LI/1 Ad/ 10-e do A 71 1-1"--) a4/1 kr_ ( Ja 2X_ ) /17 . ITEM VI-A RICHARD R. MADSON P.O. BOX 576 KODIAK, ALASKA 99615 JUNE 11, 1987 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY • KODIAK, ALASKA 99615 RE: CASE 86-084 HEARING 6/17/87 GENTLEMEN: I WILL NOT BE IN KODIAK 6/17/87 AND WILL NOT BE ABLE TO COMMENT AT THE PUBLIC HEARING. I AM IN FAVOR OF GRANTING THIS PERMIT, AS LONG AS THERE IS ADEQUATE PUBLIC PROTECTION. I FEEL THE FOLLOWING LIMITATIONS SHOULD BE ISSUED WITH THE PERMIT. 1. NO SUBSTANCES KNOWN TO BE HARMFUL TO PUBLIC HEALTH MAY BE DISPOSED OF AT THIS SITE. 2, NO OPEN BURNING OR INCINERATION BE ALLOWED. 3. DEBRIS MUST BE COVERED ON A CONTINUAL BASIS, NO LESS OFTEN THAN MONTHLY. THIS SITE ADJOINS RESIDENTIAL AND PUBLIC USE LANDS, AND CONSIDERATION SHOULD BE GIVEN TO ESTHETICS OF SIGHT AND ODOR. S YOUR5, . RlC HARD R. MADS RRM/K JUN 16xi UEVELOPMENTDEPI. KODIAK ISLAND BOROUGH ) - COMMUNITY DEVELOPMENT DEPARTm4NT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 17, 1987. The meeting'will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning_District: Bloc,__Tract_4,-Belle-Elats_ Alaska ---- Subdivision; 224 Salmonberry Drive.. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. JUN 81981 COMMUNITY DEVELOPMENT DEPT. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: Your property description: Mailing Address: (5o,0 tdi K8f 495y /4-Kcive kale, 99 Kodiak Island Borough M E M O R A N D U M DATE: July 29, 1987 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Status Report on Condition of Approval #2 for Case 86 -084 FILE COPY RE: Monitoring of the Landfill on Block 3, Tract A, Bells Flats Alaska Subdivision BACKGROUND On June 17, 1987, the Commission granted a Conditional Use Permit to Brechan Enterprises, Inc. for landfilling activities on Block 3, Tract A, Bells Flats Alaska Subdivision. Two conditions of approval were incorporated into the permit and condition 4 #2 stated: 2. An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough. This condition was attached in response4,to public testimony, which noted that Brechan Enterprises, Inc. - -the permitee- -was the only entity required to monitor the landfill activities. Some area residents felt it would be appropriate for the agencies issuing permits for landfilling activities (ADEC and KIB) to also participate in monitoring the landfill for compliance with conditions of approval. The intent of the Commission in establishing this condition was to discuss with ADEC what kinds of monitoring can be done, who is qualified to monitor, where samples need to be taken, what equipment and training is necessary, and what will a monitoring program cost. Following the public hearing, staff wrote to ADEC. UPDATE On June,29, 1987, Mr. Henry Friedman of ADEC called in response to staff's letter. The discussion touch on five main points: 1. Mr. Friedman pointed out that two (2) types of monitoring are incorporated into the Alaska Department of Environmental Conservation (ADEC) permit: (1) visual monitoring by surrounding-residents; and (2) periodic checks of substances going in the landfill by ADEC staff, as necessary. r, Planning and Zoning Cot;..'... asion July 29, 2987 Page Two 2. Mr. Friedman stated that this level of monitoring should be adequate given what materials are permitted to go into the landfill. Therefore, ADEC feels that no further monitoring is needed. Brechan Enterprises's permit is not final until adjudicated and the hearing process is complete. Mr. Brechan has stated he will request an adjudicatory hearing. Concerned residents' may also request an adjudicatory hearing. This process can take up to two (2) years. Mr. Friedman indicated that if the hearing process lasted for two (2) years, the ADEC or the EPA might consider other actions. 4. It would be appropriate to-delay discussion of a groundwater monitoring program until such time as the permit issued. to Brechan Enterprises, Inc. is final. 5. With a final permit, groundwater monitoring could take place. The monitoring would• be concerned with three (3) primary leachate parameters: (1) conductivity; (2) pH; and (3) iron. The parameters would be measured from water samples taken from a well or stand pipe within fifty (50) feet of the waste site. Conductivity and pH can be determined in the field. Presence of iron would require laboratory analysis. SUMMARY Monitoring of groundwater for leachates is possible. However, until a final permit is issued to Brechan Enterprises, Inc. by ADEC, it would not be practical to establish a monitoring program. What materials are or are not permitted in the landfill, and under what conditions, will determine what parameters can be monitored. RECOMMENDATION At this time, staff recommends that further discussion on development of a monitoring program should be postponed until Brechan Enterprises, Inc. is issued a final permit from the ADEC. cc: Jerome Selby, Mayor Kodiak Island Borough Assembly Brechan Enterprises, Inc. Womens Bay Community Council Alaska Department of Environmental Conservation STATE OF ALASKA D. , TMENT OF ENVIRONMENTAL CONSERON WASTE DISPOSAL PERMIT APPLICATION FOR SOLID WASTE MANAGEMENT ACTIVITIES Part I. Background Information A. Appl i cant s Name : BRECHAN ENTERPRISES, INC . Mailing Address: 2705 Mill Bay Road City/State/Zip Code: Kodiak, Alaska 99615 B. Facility Location: (Use legal descHption of property) Block 3 of Tract "A", Bell's Flats Alaska Subdivision O. Application is for: (x) A New Facility (x) An Unpermitted, Existing Facility ( ) Renewal of Existing Permit No. ( ) 'Demolition Debris Exemption D. Type of facility: / ( X) Landfilling ( ) Hazardous Waste Processing ( ) Land Spreading ( ) Hazardous Waste Disposal ( ) Oily Waste Disposal ( ) Other E. Complete the following: 1. Number of people served by the facility. Ourselves 2. How much waste will be received? (a9 (cu. yds.) 5,000 CY AStWObficd(X(XTARA) YEAR 3. Check the wastes received and estimate their percent of total wastes received. Yes No % of Total Domestic Refuse ( ) (x ) % Commercial Refuse ( ) (x ) % Seafood Processing Wastes ( ) (x ) % Industrial Wastes ( ) (x ) % Construction Wastes ( x ) ( ) 80 Demolition Wastes (x ) ( ) 15 % Oily Wastes ( ) ( ) Ash and Incinerator Residue (x ) (X ) 5 % 4. Will the following wastes be accepted? Septic Tank Pumpings Sewage Sludge Drilling Muds Waste Oil and Oil Spill Cleanup Wastes Hazardous Wastes Yes No 5. What predisposal processing methods will be employed? Incineration Baling Shredding Composting Other: Building Wastes Only ( ) ( ) 6. The average annual precipitation in the area is 60 inches. FOR LANDFILLS ONLY 7. The deposited refuse will be consolidated, compacted and covered with soil at'least times)per (week) (month) during the summer and at least times per (week) (month) during the winter. O. The maximum width of the exposed working face will be The maximum vertical height of the working face will be PART II The applicant shall submit two copies of the following information with the completed, signed application form: ft. ft. A. Maps of the site and surrounding area that clearly Show the following: (X Geographic Location }{ Surface Contours }{ Site Boundaries (x ) Roads and Railroads (x Buildings }{ Airports w/in 2 Miles (x All Surface Waters (l{ ) Wells w/in 1/4 Mile B. Facility plans or drawings showing: (a) the existing site conditions, (b) the proposed development steps, and (c) the proposed appearance of the completed site. The plans shall include contours of five foot intervals or less, and shall utilize a scale no less than one inch equals forty feet unless specifically approved by the depart- ment. These plans shall include, at a minimum, the location and construction details of: Surface Drainage Controls Access and On-site Roads Disposal Trenches or Cells Fences and Gates Buildings & Fixed Equipment Soil Boring Locations ( ) Monitoring Well Construction Details Visual Screening ( ) Pollution Control or Monitoring Devices ( ) Significant Storage, Processing or Disposal Features C. A narrative description of the proposed development and operation procedures including those intended to prevent or control ground and surface pollution, disease vectors, wildlife access, litter, fires, odor, noise, and safety and nuisance problems. D For all lanutillingflandspreading facilities: A soils report • based on test holes dug at representative locations to a depth at least four feet deeper than the lowest level of proposed solid waste deposition. The minimum number of holes based on facility size shall be: less than 10,000 ft2 - one hole 10,000 ft? to one acre two holes larger than one acre two holes per acre These numbers can be greatly reduced in large sites if the results of initial borings indicate a uniform, predictable soils/hydrology situation throughout the site. The report shall include: 1. graphic representation of the soil profiles, 2. a discussion of the site's ground water hydrology based on the test holes and data from any wells in the nearby area. E. For ,all HAZARDOUS, WASTE PROCESSING AND DISPOSAL FACILITIES: Detailed plans and specifications of the facility, the wastes to be accepted, methods and equipment for waste handling, treatment, storage and disposal, pollution controls, safety equipment and precautions, and emergency operating plans. F. A letter from the local government certifying compliance with local ordinances, zoning requirements, 'and coastal zone manage- ment plans and regulations. If the applicant is not the owner of the property, include a written statement from the property owner detailing the arrangement giving the applicant control of the 'facility for the proposed activity. Michael C. Brechan , certify under penalty of perjury, that all of the above information and exhibits are true, correct and complete. Applicant's Signature Date 10-20-86 * * * * * * Submit two copies of all application materials to the appropriate regional office indicated on the map on page 4. PERMIT RENEWALS: A permittee that has a departmentally approved plan that meets the requirements specified in this application form may apply for a new permit by submitting a signed application form and a report of the changes and progress that has occurred during the preceding permit period. Those facilities without a currently acceptable plan shall submit all the planning documents and data required by this application for departmental review and approval prior to receiving a new permit. BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS 2705 Mill Bay Road • Kodiak, Alaska 99615 October 27, 1986 State of Alaska Dept. of Environmental Conservation 437 "E" Street, Second Floor Anchorage, Alaska 99501 SUBJECT: Application for Waste Disposal Permit for Solid Waste Management Activities - Narrative Description Part Two, Item C Gentlemen: Our firm has occupied and now owns Block 3 Tract A of the Bell's Flats subdivision, and as the attached history and documents imply, our plan has been to backfill this area with usable fill until we have com- pletely filled in the excavated area from our gravel operation. In our definition of usable fill, we also included ash and such metal debris as may come from the demolition of buildings and unhazardous metal debris as may be degenerated. Our intent is to leave this debris above the water table and far enough below the surface so as to permit future construction in the filled in areas. Since the area is already fenced and essentially a controlled ground area, we do not feel any further actions are required to prevent the spread of liter, odor, noise or safety and nuisance problems. We have attached a typical cell construction diagram. Our intent is to comply with our original development plans submitted to the Kodiak Island Borough in 1981. We therefore welcome any com- ments and the necessary permits required to continue along this pro- gram. We are more than willing to sit down and discuss this matter with you at your earliest convenience. Sincerely yours, BRECHAN ENTERPRISES, INC. c ael C. 'rechan President MCB/ MC Encl. • BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS 0 2705 Mill Bay Road, Kodiak, Alaska 99615 • • Ph. (907) 486-3215 0 Telex 26-619 • FAX (907) 486-4889 • • Alaska Business License #001858 • Alaska Contractors License #AA441 • We Are An Equal Opportunity Employer BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS 2705 Mill Bay Road • Kodiak, Alaska 99615 October 27, 1986 Mr. Henry Friedman Dept. of Environmental Conservation 437"E" Street Second Floor Anchorage, Alaska 99501 RE: Waste Disposal Permit, Block 3 Tract A, Bell's Flats Subdivision Dear Mr, Friedman:, Thank you for taking the time to speak with me about our application for a waste disposal site on the 21st of October. .1 am enclosing the application which I .completed to the best of my knowledge de- . tailing the history and future plans for this area. I am also en- closing a copy of the application for a conditional use permit re- quired by the Borough and have transmitted a copy of our applica- tion for the waste disposal site to them for their comments.': This should accelerate their response on the matter. Sincerely yours, BRECHAN ENTERPRISES, INC.. al'AeeZ chae C. Brechan President MCB/ mc Encl. ECEIVED OCT t1 O 1986 ENVIRONMENTAL -CONSERVATION SCRO • BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS • 2705 Mill Bay Road, Kodiak, Alaska 99615 • • Ph. (907) 486-3215 • Telex 26-619 • FAX (907) 486-4889 • • Alaska Business License #001858 • Alaska Contractors License #AA441 • We Are' An Equal Opportunity Employer BRECHAN ENTERPRISES INC. GENERAL CONTRACTOR WWWSN BRECHAN ENTERPRISES, INC. GENERAL CONTRACTORS BOX 1275 PHONE (907) 486-3215 KODIAK, ALASKA 99615 October 27, 1986 State of Alaska Dept. of Environmental Conservation 437 E Street, 2nd Floor Anchorage, Alaska List of Attached Documents: 1. Cover Letter. 2. List of Attached Documents. 3. Application. 4. Vicinity Map. 5. Legal Description Map. 6. Aerial Topographic Map. 7. KIB Development Plan 1979,with three drawings. 8. Narrative Description. 9. Field Log of Test Holes. 10. Typical Waste Cell. 11. Waste Cell Development Plan. 12. Kodiak Island Borough Conditional Use Application. We Are An Equal Opportunity Employer V.3 BRECHAN ENTERPRISES, iNC./GENERAL CONTRACTORS 2705 Mill Bay Road 0 Kodiak, Alaska 99615 October 27, 1986. Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ATTN: Linda Freed SUBJECT: Conditional Use Permit Dear Ms. Freed: Attached herewith is an application for the Conditional Use Permit for Block 3 Tract A of the Bell's Flats, Alaska, subdivision where our present asphalt plant is located. Our intent is to continue a landfilling operation per our previously accepted development plan. However, since some of the debris we intend to use for fill- ing in this area contains metal and remnants of building and con- struction waste, we have been advised that it is probably necessary for us to have a disposable site permit from the Department of En- vironmental Conservation. Our intent with this application is to obtain the Borough's permission for conditional use so we may con- tinue to dispose of small amounts of building debris including concrete and sheetmetal which are produced during the demolition of buildings. Although the two applications are related, we have no intent in using this area for a sanitary or garbage-type landfill. For your information, I am also enclosing a complete copy of our application to the Alaska Department of Environmental Conversation. I am sure we will be having meetisigs and hearings on this matter. Sincerely yours, BRECHAN ENTERPRISES, INC. idhael C. Brechan President MCB/ mc Encls. 0 BRECHAN ENTERPRISES, INC./GEN'EPAL C0PITI1ACTORS o 2705 MW Ray Road. Kodiak, Alaska 99615 • 0 Ph. (907) ."".0-3215 • Telex 2Gi o FAX (907) 466-4&;9 0 Alaska Business License 11001858 0 Alaska Contractors License ttAA441 0 1"7 .0.re r! 'n Onnortifr;tv FmnIewr,r . • ' LIORC6GH POST OFFICE 50X 1246 KODIAK, ALASKA 99G15 Conditional Use Permit ) Exception ( ) Variance ( ) Zoning Change: From: To CODE SECTION INVOLVED: 17.34.020 • NOTE: The application fee for all items covered by this form is $50. Conditional Use Permits, Exceptions, and Variance Applications also require the submission of a site plan. APPLICANT: BRECHAN ENTERPRISES, INC. . • 2705 Mill Bay Road Name 486-5518 Home Tel 486-3215 Address Work Telephone Kodiak, Alaska 99615 PROPERTY: City, State, hip 3 Tract A, Bell's Flats, Alaska Sub- , division Lot 3539 Block .31 Subdivision Flame 235 20W United States Survey 4 Secti6n, Township, Range, S.M. PRESENT USE OF PROPERTY: Industrial PROPOSED USE OF PROPERTY: Landfill, Materials Disposal. Site • • I have been advised of the pr,:cadur2s with this request and have received a copy of the appropriate r,2s-J:attcns. , Oct. 27, 1986 Brechan Enterprisss, Inc. Oct. 27, B epnan, efes. muchcrize Cd:2 Pr.;:erty 0.1ner Data Date Application Adoecte,J: 3Y: BRECHAN ENTERPRISES, INC /GENERAL CONTRACTORS BOX 1275 PHONE (907) 486.3215 KODIAK, ALASKA 99615 Koc!t►tk Island Loruugh xooiax. ALAI", RECE1VE August 3, 1979 Kodiak Island Borough Assembly I3 x 1246 Kodiak, Alaska 99615 AUG 31979 Pty Subject: Developmental Plan for Tract P -1 of Tract A Bells Flatc Alaska Subdivision Ladies and Gentlemen: In accordance with our letter of 11 July 1979 we are transmitting our developmental plan for the purchase of the above Borough Lands, and as our lease is scheduled to expire on the 9th of September 1979 we hereby request your immediate attention to the matter. If we can be of any assistance concerning the discussions of this elan, please contact us at your earliest convenience. S inccrrely yours, BRECHAN ENTERPRISES, INC. ////1 -0;;V/ Michael C. i3rechan Vice President , MCB:njm Enclosures 1M Arc k• Arr. 44- - BRECHAN ENTERPRISES, INC/GENERAL CONTRACTORS BOX 1275 PHONE (807) 486-3215 KODIAK, ALASKA 99615 •NIStak Ls laud borough KooiAr.. ALAA July 31, 1979 Kodiak Island Borough Assembly P.O. Box 1246 Kodiak, Alaska 99615 IncIVED AUG 3 1979 Pt4 71810119011211121314150 Subject: Development Plan for the Purchase of Tract P-1 of Tract A Bells Flats Alaska Subdivision HISTORY Brechan Enterprises, Inc. began its operations on Tract P-1 with an application to the Bureau of Land Management in 1966 for a materials lease. This evolved through the enactment of land transfers from the United States Government to the Borough of the Bells Flats Alaska Subdivision and the lease of Tract P-1 to Brechan Enterprises, Inc. on the 10th of September 1969. The original lease required that our firm ce:Iform to requirements concerning slopes and set-backs from property lines and the beautification of the area prior to the Lermination of the lease. Our feeling is that we have complied with the terms and intent of the lease. We have increased the back-slopes to 11/2 to 1 for better utilization of the floor of the pit and are preparing to have these finished slopes seeded to avoid erosion. If necessary we will comply with the requirements for 2 to 1 back-slopes. We have not at this time made any preparations to remove our equip- ment from the lease site, pending.the Borough's decision on the sale and/or re-lease of the property. At the original time of lease the property was legally described using the centerline of the ex- " isting road as the bourOary and containing a 30' road right-of-way easement. We feel it will be necessary to have the tract re-platted. By removing the right-of-way the area of the tract is reduced from 20.284 acres to some 16.51.- acres. The original lease was renewed in September Of 1974 and is now slated to expire the 9th of Sept- ember 1979. . .EXISTING IMPROVEMENTS In 1969 we installed our first asphalt plant and began paving operations for the City of Kodiak, the Kodiak Island Borough, and the State of Alaska. Since that time we have continually Up-graded our facility to meet market demand caused largely by the State of Alaska's intention to pave roads and re-pave the Kodiak Airport. Kodiak Island Borough July 31, 1979 Page Two Our current asphalt plant was purchased in 1977 at a cost of $284,000.00, and we also installed additional hot asphalt storage tanks and accessories at a cost of $280,000.00. During that time the Kodiak Electric Association installed transformer banks and underground electrical utilities to supply us with part. our power demand. The Clean Air Act and Department of Environmental Conservation required that we expend approximately $100,000.00 for a bag house to avoid the emission of dust into the atmosphere. In 1975 we installed a caretakers trailer and have had a family living on the lease site since that time to avoid the problem of vandelism or theft at the plant site. We have also installed a semi-permanent set of truck scales which are the only commercial scales available on the island, a portable aggregate washing plant, and rock crushing facility to :_eet the needs of the conmiunity. THE EXISTING BORROW SITE Since the beginning of cur operation in 1969, we have excavated approximately 140,000 cubic yards of material from the borrow site and have re-utilized the overburden and waste to build slopes and widen out the pe,Ameter margin to create usable land on the tract. Our plan calls for the continuing excavation of gravel on the site Vntil it is completely depleted. We have enclosed an artists conception of the future area at the completion of the borrow site operation which gives a perspective of the size of the excavated area after the extraction of all usable gravel. UTILIZATION OF LAND'AND FUTURE DEVELOPMENT As tIle area is zoned for industrial reserve, we plan on continuing in he industrial classification by establishing an industrial staging and storage area primarily for equipment an building supplies around the perimeter of the borrow site. We feel this is ecomomically viable due to the fact that there is a great lack of industrial zoned staging and storage areas in the Kodiak area and its environs. We plan to keep our asphalt plant, asphalt storage facility, and caretakers trailer on the ground where they are presently located, and begin landfill operations to fill in and utilize the floor of the borrow site for future development. Kodiak Island Borough July 31, 1979 Page Three The time schedule for this operation is as follows: 1. 1979 - Kodiak Island Borough Sells Tract P-1 to Brechan Enterprises, Inc. 2. 1979 - 1981 Finish excavation of existing gravel deposit. 3. 1981 - 1982 Complete backsloping requirements, seeding re- quirements, and regrade the usable pit floor. • 4. 1982 - 1990 Begin select backfill operations with clean fill on underwater sections of the borrow site (es- timated quantity of material required 60,000 cubic yards). 5. 1990 - 2000 Possible construction of industrial warehousing complex and final landscaping to beautify the area and keep in in industrial status. ECONOMICS OF SALE OF LAND We feel tLat the Borough should be made aware of the cost involved in re-locating the existing facilities. Our estimated cost at present is approximately $250,000.00 excluding the cost of land for a new site. We do not feel at this time there is sufficient market denand to off-set these costs. In checking throughprivate land available, we have not found a suitable site for the re-location of our plant. We question whether it is wise to re-locate at all. This decision must be made by the Kodiak Island Borough and in doing so they have to consider the economic effect it would have,on the community due to the high cost of re-location. We are aware that the Borough Assembly is under no obligation to sell this tract of land, however we feel it is in their best interest to do so. It is possible that there has already been a precedent set concerning the sale of a lease site to an individual and the Ordinances of the Borough clearly make it possible for this sale. CONCLUSION This development plan is designed to inform the Borough of our intention in the event that they sell the land to-us, and to out- line its potential use in the community. We feel the plan as presented is within the realm of economic and realistic considera- tions for the area, and that we are the best qualified to reclaim this area to usable taxable land for the Borough. It allows the Kodiak I:land Borough July 31, 1979 Page Four orderly development of the area, and is consistant with the existing zoning and utilization requirements. Therefore, it is in the best interest of the Borough to sell Tract P-1 to Brechan Enterprises, Inc. We are willing to amend this proposed plan as may be required by the statutes or the wishes of the Borough Assembly. Respectfully submitted: BRECHAN ENTERPRISES, INC. 41ichael C. Brechan Vice President MCB:njm UNITED STATES ::E.PARTMENT OF THE I NTE.R}OR OEOLOGICAL SURVEY =210Gm E. P. 2' 35' (KODIAK 0-2) 30' :5- , • - _ - • • • • 1E • • - . ••-i M 1. i , . -,••••, • .) - 4.••• • • <1.4 • _ c \\Fatt,r.La: "L. 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BOX 1246 - KODIAK, ALASKA 99615-1246 't* -***, yr?,< DOYLE ' R9001.9;1599 I,JOHN. J E: SHARI P.O. . Wc 1.233 ' K.ODIk AK 9645: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 HALL/DOUGLA P.O. BOX 22 KODIAK AK 99615, 44. < ' 'of 1:„. • -5 JUN-1'07 LAS • • — - ;" , U S.I'USIALt 0 .2 4.. t.1 E1 h X • X X • Kodiak Island Borough M E M O R A N D U M DATE: June 5, 1987 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 17, 1987 Regular Meeting RE: ITEM VI -A CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. Thirty -one (31) public hearing notices were mailed on June 1, 1987. BACKGROUND The Planning and Zoning Commission held a public hearing on the above noted conditional use permit request on December 17, 1986. Following consideration of written and oral testimony, the Commission tabled the request. Specifically, the request was tabled until such time as the Alaska Department of Environmental Conservation (ADEC) reached a decision on the waste disposal permit application for solid waste management activities on the site. Since the December 17, 1986 regular meeting, the following events have occurred: 1. January 7, 1987. Henry Friedman, ADEC Regional Solid Waste Program Manager, met in a worksession with the Planning and Zoning Commission, the applicant, and interested residents.. 2. January 14, 1987. ADEC requested the Kodiak Island Borough's comments on the solid waste management permit as it related to local ordinances, zoning requirements, and the local district Coastal Management Program. January 20 and 21, 1987. ADEC published a notice that a solid waste management permit application had been received. The notice solicited public comment. This notice was reprinted in the February /March 1987 edition of the Womens Bay News. 4. February 10, 1987. The Community Development Department received a copy of the ADF &G review of the solid waste management permit. ADF &G recommended that the proposed use be found consistent with the Alaska Coastal Management Program (ACMP) if several provisions were incorporated into the permit. The recommended provisions were (A) a stipulation that limits the fill material to wood and other substances which are not likely to form toxic leachates, and (B) provisions are established for monitoring the fill material. CASE 86 -084 1 JUNE 17, 1987 P &Z ITEM VI -A 5. February 18, 1987. The Kodiak Island Borough commented on the solid waste management permit. A copy is attached. The comments noted that (A) a landfill or solid waste disposal site is a conditionally permitted use in the I -- Industrial Zoning District; (B) the proposed use is generally consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP), but noted that the Community Development Department staff lacked the expertise to evaluate impacts on habitats; and (C) that the Kodiak Island Borough Assembly would prefer not to see another landfill opened on Kodiak Island. 6. May 7, 1987. ADEC granted permit No. 8621 -BA019 and found it to be consistent with the standards of the ACMP, 6 AAC 80, subject to conditions. The permit expires on April 30, 1992 and must be renewed by that date for continued operation of the facility. A complete copy of the permit is attached. ADEC PERMIT PARTICULARS The permit prohibits the disposal of waste other than concrete, asphalt, ash and wood products. Other types of waste, such as metals, sheet rock and oily waste, that could possibly generate leachate and are not permitted. The friable asbestos existing at the site must be adequately contained by State certified asbestos abatement workers before further development activity is allowed. The asbestos waste may be either containerized and disposed of an another landfill permitted to accept asbestos waste or be buried onsite. If the asbestos waste is to be buried onsite, it must be adequately contained to prevent the release of asbestos fibers during disposal. A wetting agent and cover must be applied by certified asbestos workers. It is recommended that certified workers be present during the disposal of the waste to ensure that no asbestos dust is generated. The permit also requires the applicant to maintain access control in order to prevent unauthorized use and to maintain a record of waste dumped at the site. It is suggested that the record book be kept at the site entrance and drivers log in each time they deliver waste to the site. SUMMARY Based on a review of the ADEC solid waste management permit, staff concludes that the findings and recommendation contained in the staff report dated December 17, 1986 are still valid. The complete staff report which recommends approval is attached. CASE 86 -084 2 JUNE 17, 1987 P &Z DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 E STREET /SUITE 200 ANCHORAGE, AK 99501 CERTIFIED MAIL RETURN RECEIPT REQUESTED May 7, 1987 Michael Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, AK 99615 Dear Mr. Brechan: STEVE COWPER, GOVERNOR 274 -2533 The Department of Environmental Conservation has reviewed your Waste Dis- posal Permit Application for the burial of construction and demolition debris at the Bell's Flat area of Kodiak Island. Based on our evaluation, Permit No. 8621 -BA019 is hereby granted and found to be consistent with the Standards of the Alaskan Coastal Management Program, 6 AAC 80. Please note the conditions in Appendices A and B. This permit ex ires April 30, 1992 and must be renewed by that date for continued opera on of the facility. Please note that this permit prohibits the disposal of waste other than concrete, asphalt, ash and wood products. Other types of waste, such as metals, sheet rock and oily waste, could possibly generate leachate and are not permitted. The friable asbestos existing at the site must be adequately contained by State certified asbestos abatement workers before further development activity is allowed. The asbestos waste may be either containerized and disposed of at another landfill permitted to accept asbestos waste or be buried on site. If the asbestos waste is to be buried on site, it must be adequately contained to prevent the release of asbestos fibers during disposal. A wetting agent and cover must be applied by certified asbestos workers. It is recommended that certified workers be present during the . disposal of the waste to ensure that no asbestos dust is generated. The permit also requires you to maintain access control in order to pre- vent unauthorized use. You are also required to maintain a record of waste dumped at the site. It is suggested that the record book be kept at the site entrance and drivers log in each time they deliver waste to the site. Michael Brechan -2 - May 7, 1987 Department of Environmental Conservation regulations provide that any person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15.200 -310. The request should be mailed to the Commissioner of the Alaska Department of Environmental Conservation, P.O. Box 0, Juneau, Alaska 99811 -1800 or delivered to his office at 3220 Hospital Drive, Juneau. Failure to submit a hearing request within thirty (30) days of receipt of this letter shall constitute a waiver of that person's right to judicial review of this decision. Sincerely, Bill H. Lamoreaux Regional Supervisor BHL:emp ENCLOSURES cc: (w /ENCLOSURES) A/W District Office Henry Friedman, ADEC /SCRO Stan Hungerford, ADEC /JUNEAU STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 "E" Street, Suite 200 ANCHORAGE, ALASKA 99501 PERMIT NO. 8621 -BA019 Mr. Michael C. Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, AK 99615 DATE ISSUED: May 7, 1987 This permit is issued to Brechan Enterprises, Inc. for the disposal of con- crete, ash, solid asphalt, and wood debris at Block 3 of Tract A in the Bell's Flat area of Kodiak Island. This permit is issued under provisions of Alaska Statutes 46.03, Administrative Code as amended or revised, and other applicable and regulations. This permit is effective on issuance and ex ires April 30, 1992. terminated or modified in accordance with-AS-46703.120. Bill Lamoreaux Regional Supervisor BHL:ep the Alaska State laws It may be PERMIT NO. 8621 -BA019 Page 1 of 5 KODIAK - BELL'S FLATS Brechan Enterprises APPENDIX A SPECIFIC CONDITIONS A. Application Compliance: This permit is based on application materials dated October 20, 1986. The Permittee must comply with that application, as well as, the follow- ing permit conditions. Additional modifications may be requested, but must be authorized by a permit amendment before that modification is effective. B. Site Preparation: 1. Fencing and Barriers: The Permittee shall maintain fencing around the disposal facility and a lockable gate or barrier at the entrance to control access. 2. Signs The Permittee shall: a. erect and maintain a readable sign at the facility entrance with the following information: i. Facility Identification ii. Owner or operator name iii. Identify that the facility is restricted to only allow persons authorized by the Permittee to use the site. iv. Identify that only concrete, ash, asphalt and wood products are to be dispsosed of at the site.. b. erect signs directing users to the proper disposal area. 3. The Permittee shall maintain a minimum horizontal separation distance of 50 feet between the active fill area and the boundary of the facil- ity. 4. The Permittee shall maintain a minimum vertical separation of two feet between the waste application and the mean high groundwater table. 5. The Permittee shall construct and maintain diversion structures (ditches or berms) as needed to prevent surface water runoff from flowing over, into, or through the solid waste. 6. All friable asbestos material shall be containerized or sealed by State certified asbestos abatement workers in accordance with EPA (40 CFR Part 61 Subpart M) or OSHA (29 CFR Part 1910) regulations prior to use of this facility for waste disposal. PERMIT NO. 8621 -BA019 Page 2 of 5 The Permittee shall remove all unauthorized debris, including metal waste, prior to landfilling waste at this facility. C. Site Operation: 1. The Permittee shall keep the entrance gate locked when the site is unattended. 2. The Permittee shall restrict facility access to only allow use by authorized personnel. 3. Prior to use of this site for waste disposal, the Permittee shall either: a. remove the containerized asbestos waste and deposit at a permit- ted asbestos waste site; or b. bury the existing asbestos waste, which has been contained to prevent the release of fibers with at least one foot of asbestos free cover material. 4. The Permittee shall prohibit the disposal of waste other than con - crete, solid asphalt, ash and wood products with the exception that the following is also permitted: i. small quantities of metal, such as nails and rebar, which is embedded in the waste, and; ii. spoil and overburden material from road construction The Permittee shall consolidate and compact deposited waste prior to covering. 6. The Permittee shall apply at least six (6) inches of cover material at least once a month after waste has been deposited. 7. The Permittee shall ensure that an intermediate cover of one foot is applied when additional solid waste will not be placed on partly filled areas within 30 days. 8. The Permittee shall apply a final cover as specified in the closure section of this permit. 9. Burning The Permittee shall: a. prohibit open burning at the active working face or on previously filled areas of the landfill to avoid uncontrolled landfill fires. b. ensure that any open burning or incineration of waste complies with the Air Quality Control Regulations (18 AAC 50). PERMIT NO. 8621 -BA019 Page 3 of 5 D. Monitoring: 1. The Permittee shall visually inspect the facility on a regular basis to ensure compliance with the conditions of this permit. 2. Contingency Monitoring The Permittee shall: a. take grab samples of any adjacent surface waters or groundwater and have then analyzed for any of the parameters required by the .Department if circumstance or evidence indicate that con- tamination has occurred. Such a request to monitor water quality shall be determined by the Department's Regional Super- visor. The decision to monitor will be based on a review of analytical results or evidence collected during a site inspec- tion by Department staff or its designee. b. sample and analyze the water according to the Standard Methods for the Analysis of Water and Wastewater or EPA #600/4 -79 -020 Methods for Chemical Analysis of Water and Wastes or EPA #SW- 846 Test Methods for Evaluating Solid Waste. c. provide copies of the results of the above analysis to the De- partment's Southcentral Regional Office within sixty (60) days of the sampling date. E. Closure: The Permittee shall: 1. notify the Department's Southcentral Regional Office, at least thirty (30) days before the facility is permanently closed. 2. ensure that a final cover of at least 24 inches is established within 90 days after the last waste deposition; a. to areas that will not receive more waste within one year; or b. to areas that have been filled to the final design elevation. 3. ensure a final cover which totals at least 3 feet exists over the asbestos disposal area. 4. ensure that cover material and drainage control structures are graded and maintained to prevent ponding and erosion and to mini- mize the amount of water entering the solid waste; 5. develop a vegetative cover or other road surface finish to areas of the landfill which have received final cover. 6. correct any water or air quality violations or decomposition gas hazards caused by the deposited wastes or their interaction with the environment. PERMIT NO. 8621 -BA019 Page 4 of 5 F. Records and Reporting: The Penal ttee shal 1: 1. record the approximate weight, type and date of each load of waste deposited at the site and make the record book available to DEC officials upon request. 2. prepare and annually update a survey as -built or record drawing showing the location and volume of waste deposited at the solid waste disposal site and shall file those drawings with the Depart- ment's Southcentral Regional Office within 60 days of the expira- tion of this permit. 3. file the survey as -built or record drawings of the area used as a landfill with an appropriate land records office within 60 days after entire facility is permanently closed to landfilling and submit proof of such recording to this department. 4. provide a record to subsequent landowners if the property is - transferred and asbestos was buried, notifying them that asbestos waste has been buried on the property and that it would be hazar- dous to attempt to excavate that area. The location of the asbes- tos should be conveyed with the land title or deed document. G. Violation and Enforcement: 1. The non - compliance of any section of this permit constitutes a vio- lation of this permit; 2. Pollution, as defined in AS 46.03.900, resulting from the operation of this permitted facility, constitutes a violation of this permit; and 3. Water Pollution is defined as: a. a violation of the standards for surface water or groundwater quality set out in 18 AAC 70 at the facility boundary or 50 feet from the designated portion of the facility, whichever distance is less, which is caused by the landfill waste, leach - ate or eroded soil from the facility. b. a violation of the drinking water quality standards set out in 18 AAC 80.020(a) and in 18 AAC 80.050(a) caused by leachates from the facility to an aquafer which would otherwise be suit- able for use as a drinking water supply PERMIT NO. 8621 -BA019 Page 5 of 5 4. Violation of the conditions of this permit may result in the imposi- tion of civil or criminal penalties. 5. The Department reserves the right to require the Permittee to take mitigative action to prevent pollution should circumstances indi- cate that pollution is imminently probable if no corrective action is taken to prevent contaminant release from the facility. PERMIT NO. 8621 -BA019 KODIAK -Bells Flat APPENDIX B GENERAL CONDITIONS Page 1 of 2 JUN J r8i COMMUNITY DEVELOPMENT DEPT. 1. Access and Inspection The Permittee shall allow the Commissioner or his representative access to the permitted facilities at reasonable times to conduct scheduled or un- scheduled inspections or tests to determine compliance with this permit and State law. 2. Information Access Except for information relating to confidential processes or methods of manu- facture, all records and reports submitted in accordance with the terms of this permit shall be available for public inspection at the Southcentral Regional Office of the Alaska Department of Environmental Conservation at 437 E Street /Suite 200, Anchorage, Alaska, (phone 274 - 2533). 3. Civil and Criminal Liability Nothing in this permit shall relieve the Permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond his control, including but not limited to accidents, equipment breakdowns, or labor disputes. 4. Availability The Permittee shall post or maintain a publicly available copy of this permit at the disposal facility or, if that is not feasible, at the operator's place of business. 5. Adverse Impacts The Permittee shall take all necessary means to minimize any adverse impact to the receiving waters or lands resulting from violation or noncompliance with any limitations specified in this permit, including any additional moni- toring needed to determine the nature and impact of the non - complying activi- ty. The Permittee shall clean -up and restore all areas adversely impacted by the noncompliance. 6. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation. PERMIT NO. 8621 -BA019 Page 2 of 2 KODIAK -Bells Flat APPENDIX B (CONT'D.) 7. Cultural or paleontological resources Should cultural or paleontological resources be discovered as a result of this activity, work which would disturb such resources are to be stopped, and the Office of History and Archaeology, Division of Parks and Outdoor Recreation, Department of Natural Resources, is to be notified immediately (561- 2020). 8. Applications for renewal In accordance with 18 AAC 15.100(d), applications for renewal or amendment of this permit must be made no later than thirty days before the expiration date, of this perm or the planned effective date of the amendment. 9. Transfer The Permittee may request to transfer this permit. The written request must include a certified signed affidavit from the proposed new permitee stating that they accept this permit in its entirety and waive their rights to an adjudicatory hearing. This department reserves the right to deny the trans- ference of this permit. 10. File Location A copy of the complete application is available for your review at the Department's Southcentral Regional Office at 437 "E" Street, Suite 200, Anchorage, Alaska 99501 (907) 274 -2533. HF :ep • - OOK THE •DOCUMENT -BILL- LAMOREAUX ( FEBRUARY 987 -REGIONAL- SOPER-V-I-S-OR T-OF-ENVIRONMENT AL • 01 87-IV-0007 ----CONSERVATION- NORMAHA COHEN ' - -AC-T-I NG- DEPUFY-CONNISSIONER DEPARTMENT- OFFISH 'AND-GAME C. -WAYNE DOLEZAL-( SIGNED >. HABITAT-BIOLOGIST - REGION- IV • - -HABITAT DIVISION • DEPARTMENT OF FISH AND -GAME 267-2345 SOLID WASTE DISPOSAL APPL. NO 8621-BA019 - BRECHAN ENTERPRISES, INC.. 100- T ALASKA DEPARTMENT-OF -FISH AND GAME ( ADF-&G ) HAS REVIEWED Fi TOP • PF2-B-OTTOM PF4 UP PF5 DOWN SCREEN t-OF- --- F9 -HELP----- --PF-1-0--NEXT-SCREE-N--------PFi-1 PREVIOUS SCREEN . PF12 RETURN - - - - - LOOK AT-- THE DOCUMENT THE ALASKA7 DEPARTMENT -OF FISH AND GAME (ADF&G) HAS REVIEWED -THE- SOLIDM ASTE- DISPOSAL PROJECT-REFERENCED- ABOVE . GIVEN THE HIGH WATER' TABLE. AND LARGE AMOUNT OF PRECIPITATION :EN --THE-AREA-, WE ARE CONCERNED. THAT LEACHATES-FROM THE SITE- , -COULD- ENTER THE GROUNDWATER- AND EMERGE TO CONTAMINATE NEARBY- - -SARGENT- CREEK-, - A- SPECIFIED ANADROMOUS •WATERBODY. WE ARE - ALSO CONCERNED ABOUT -THE CAPABILITY OF DEC- OR OTHER - '--REGULATORY AGENCIES-TO-MONITOR- MATERIALS THAT-ARE BURIED AT SITE.. - THE -AREA- OF THE CREEK ADJACENT TO AND DOWNSTREAM -CIF- THE -WASTE-DISPOSAL- SITE- IS USED BY CHUM, PINK , AND COHO - SALMON-FOR -SPAWNING AND REARING. - HOWEVER - THE SOLID WASTE PERMIT CONTAINS A STIPULAT THAT- LIMITS THE FILL MATERIAL. TO WOOD AND OTHER SUBSTANCES --WHICH- ARE -NOT-LIKELY -TO- FORM TOXIC LEACHATES -AND- PROVISIONS ARE-ESTABLISHED FOR MONITORING THE FILL MATERIAL, WE HAVE NO OBJECTION TO -THE- PROJECT AS PROPOSED. PURSUANT TO THE INDUSTRIAL DEVELOPMENT STANDARDS OF THE KODIAK ISLAND --BOROUGH -COASTAL-MANAGEMENT PROGRAM AND TO 6 AAC 80.01 0( B ) , THE ADF&G RECOMMENDS THAT - THIS PROJECT BE FOUND TO BE Fi -TOR ---PF2 BOTTOW-'---PF4 UP PF5 DOWN- SCREEN 2 OF F9 HELP -- -PF+0- ,NEVISCREEN- PFI i PREVIOUS SCREEN PF I 2 RETURN s • LOOK -AT-THE DOCUMENT -- , THE -ADF&G RECOMMENDS THAT THIS- PROJECT BE FOUND TO BE CONSISTENT-WITH- THE- STANDARDS OF THE ALASKA- COASTAL MANAGEMENT PROGRAM- IF THE PROVISIONS OUTLINED ABOVE ARE - INCORPORATED-IN. THE SOLID- WASTE- DISPOSAL PERMIT- WE APPRECIATE- THE. OPPORTUNITY' TO COMMENT . IF -YOU -HAVE ANY ----SPEC-IPIC---QUE-S-TIONS-,--PLEA-SE CONTACT-WAYNE- DOLEZAL (267-2333). --CC:- H-;-- FRIEDMAN-, DEC (PROFS) (PROFS) FREED)- KODIAK- ISLAND BOROUGH-(PROFS)-- -MURRAY., •A-DF&G-1-PROFS )• • K. -MANTHEY, ADF&G BL-PrCK-ET-T-, g) OF DOCUMENT- • ---- --• • Ho- 1-GO • - 100— - Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486.5736 Bill H. Lamoreaux, Regional Supervisor Department of Environmental Conservation Southcentral Regional Office State of Alaska 437 E Street, Suite 200 Anchorage, Alaska 99501 February 18, 1987 RE: Brechan Solid Waste Permit Application No. 8621 -BA019 Dear Mr. Lamoreaux: Thank you for the opportunity-to review and comment on the above referenced permit application. Our comments are divided into review of local zoning ordinance requirements and compliance with the Kodiak Island Borough Coastal Management Program policies. ZONING ORDINANCE REQUIREMENTS: Block 3, Tract A, Bells Flats Alaska Subdivision is zoned Industrial according to the Official Kodiak Island Borough Zoning Map. Within this classification, garbage disposal sites, dumps and sanitary landfills are identified as conditional uses and may be permitted by obtaining a conditional use permit from the Planning and Zoning Commission after proper notice and public hearing (Borough Code Section 17.24.020). Brechan Enterprises, Inc., applied for a permit on October 28, 1986. On December 17, 1986, the Planning and Zoning Commission held a public hearing on the conditional use permit request. Following consideration of written and oral testimony, the Commission tabled the permit application until such time as ADEC reaches a decision on the waste disposal permit, application for solid waste management activities submitted by Brechan Enterprises to ADEC on October 27, 1986. Specifically, the Commission was interested in the process and procedures utilized by ADEC in reviewing the waste disposal permit application, how "clean" fill is defined and how the filling activities will be monitored for compliance with ADEC regulations. Mr. Henry Friedman of your staff met with the Commission on January 7, 1987 to discuss these concerns. Following an ADEC decision on the permit, the case will be scheduled for an additional public hearing before the Commission. One additional point should be noted. The ADEC Public Notice states "asbestos contaminated ash is to be buried in place." Our case file Kodian stand Borough Bill H. Lamoreaux February 18, 1987 Page Two specifically notes that no asbestos would be placed in the disposal site. This information was presented in the staff report to the Commission and was verified in a telephone conversation with Mr. Mike Brechan on December 8, 1986. I believe residents of the area are also under the impression that no asbestos would be placed in the fill site. CONSISTENCY REVIEW: The following specific use policies are used to evaluate industrial development for consistency with the Kodiak Island Borough Coastal Management Program. The Community Development Department evaluation of each policy is included. Industrial Development 1. Optimum Location. In order to satisfy industrial requirements, meet safety standards, protect fish and wildlife resources, and maintain environmental quality, sites for industrial development shall be identified in conjunction with the Kodiak Island Borough. Consistent: Yes. The subject site is zoned for industrial development and the 1982 Womens Bay Comprehensive Plan identifies this area for industrial land uses. 2. Natural Features. Dredge and fill, excavation, shoreline alteration, and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Consistent: Yes. The proposed activity does not involve construction or operation of port, harbor, dock, industrial or energy facilities. Applicable zoning regulations permit a dump or landfill site under a conditional use permit. The fill area will be limited to the existing pit that was created as a result of gravel extraction. 3. Natural Setting, Views and Access. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for Kodiax island .Borough Bill H. Lamoreaux February 18, 1987 Page Three public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable. The site is not located along the shoreline or in a scenic view area. 4. Dredge and Excavation Material. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. The proposed activity is not located along the shoreline and is not a water - dependent activity. 5. Facility Design. Developments in or over the water, such as piers, docks, and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources, and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. The proposed activity will not be conducted in or over the water, as in the nature of piers, docks, etc. 6. Buffer Zones. Buffer zones shall be established to the extent feasible and prudent, between industrial areas and major public transportation routes and between industrial development and adjacent, non - industrial properties in order to minimize conflicts between land uses. Consistent: Not applicable. The site is surrounded by public road rights -of -way. The existing industrial use of this area is long established. 7. Accessory Development. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities and utilities. Consistent: Yes. The location of the site is not along the shoreline. Kodiak Island Borough Bill H. Lamoreaux February 18, 1987 Page Four 8. Wetlands. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable /undetermined. Compliance with 6 AAC 80.070 is not applicable as the proposed', activity does not include an energy facility. Compliance with 6 AAC 80.130 is undetermined because the Community Development Department lacks the in -house expertise to evaluate the impacts of the proposed activity on habitats. Our comments would likely agree with those of the appropriate state agency having jurisdiction. Finally, the Kodiak Island Borough Assembly is aware of this request and would prefer not to see another landfill opened on Kodiak Island. The material in Womens Bay could be placed in either the Borough landfill or the demolition landfill in the Buskin drainage opened for the World War II cleanup. Given the community opposition to this permit, the question of potential.groundwater contamination and the availability of other options, the Assembly feels this permit is ill advised. Once again, thank you for the opportunity to comment. We hope the above comments will be useful in your review process. Should you have any questions, please call Robert H. Pederson of the Borough staff. Sincerely, Jerome M. Selby Borough Mayor cc: *Planning and Zoning Commission ADEC Kodiak Womens Bay Community Council Brechan Enterprises, Inc.- Kodiak Island Borough MEMORANDUM DATE: November 9, 1986 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Information for the December 17, 1986 Regular Meeting RE: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) ITEM VI-C Thirty-four public hearing notices were mailed on December 4, 1986. 1. Applicant: Brechan Enterprises, Inc. 2. Land Owner: Same. 3. Request: For a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. 4. Purpose: To permit a portion of the block to be used as a disposal site for construction materials. Materials will consist of metal, concrete and other debris from demolished buildings. There will be no asbestos or hazardous materials placed in the disposal site: 5. Existing Zoning: I--Industrial 6. Zoning History: The 1968 Comprehensive Plan did not include the Womens Bay area. Zoned Industrial by Ordinance 69-30-0. A lease of the tract was the subject of a public hearing in 1980 (Case 0-79-036). This case file contains a development plan for the purchase of the tract. Pertinent sections are attached. The sale of the parcel was the subject of, a lawsuit which was dismissed by the Court in 1981. Departmental files indicate no further activity. 7. Location: Physical: 224 Salmonberry Drive Legal: Block 3, Tract A, Bells Flats Alaska Subdivision CASE 86-084 1 DECEMBER 17, 1986 P&Z 8. Lot Size: 17.06 acres 9. Existing Land Use: Industrial 10. Surrounding Land Use and Zoning: North: ITEM VI -C Lots 4 and 5, Block 1, Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL--Public Use Lands South: Lot 3, Block 4, Tract A, Bells Use: Slaughter house and w Zoning: I--Industrial East: Tract D of Tract A, Bells Flats Use: Warehouse and storage Zoning: I--Industrial East: Lot 4, Block 2, Tract A, Bells Use: Vacant Zoning: PL--Public Use Lands West: Lake Orbin and Tract E, Block 7 Subdivision Use: Vacant land Zoning: PL--Public Use Lands Flats Alaska Subdivision arehouses Alaska Subdivision Flats Alaska Subdivision Bells Flats Alaska 11. Comprehensive Plan: The 1968 Comprehensive Plan did not include future land use.for Womens Bay. The 1982 Womens Bay. Community Plan depicts this area for Industrial land uses. 12. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this • request: 17.24.020 Conditional Uses. The following uses may be permitted by obtaining a conditional use permit from the planning and zoning commission after proper notice and public hearing: E. COMMENTS: Garbage disposal sites, dumps and sanitary landfills. The purpose of this request is to PERMIT a portion of the block to be utilized as a waste disposal site. Primary materials involved are: construction wastes (sheetmetal, etc.) demolition wastes (concrete, metal, etc.) ash and incinerator residue. 80Z -15% 5% Approximately 5,000 cubic yards per year will be placed in the waste cells. No septic tank pumpings, sewage sludge, drilling muds, waste oil and oil spill cleanup wastes, garbage or hazardous wastes will be placed in the fill area. The location of the fill area or "waste cells" is shown on the attached site plan. Waste cells are proposed to be approximately three CASE 86-084 2 DECEMBER 17, 1986 P&Z feet above the water table and have five feet minimum cover over the top of the cells. Concurrent with the conditional use permit request, the applicant has applied for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). Copies of pertinent application materials are attached. In order.to grant a conditional use permit, the Commission must make the following findings: 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The block in question has been used for a variety of industrial activities since the 1960's and landfilling activities were included in the concept of the 1979 development plan for the property. Surrounding land uses include industrial activities, vacant publicly owned tracts and RR1- -Rural Residential One Zoning District lots to the northwest. Based on the I-- Industrial Zoning of the site, the proposed use should have relatively little additional impact on surrounding properties when compared to potential impacts that could result from permitted industrial land uses and activities. The existing industrial land uses will not be affected by the proposed use. Lastly, the proposed use is consistent with the Industrial Comprehensive Plan designation for this site. 2. That the conditional use fulfills all other requirements of this chapter pertaining. to the conditional use in question. The proposed use will fulfill all other requirements of the I-- Industrial Zoning District such as setbacks. Adherence to the performance standards (Section 17.24.060 of the Borough Code) for industrial uses can be assured through a condition of approval to the permit. . That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. As discussed in the comments section, no hazardous materials or wastes will be placed in the waste cells and the proposed use must receive approval for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). These requirements should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that by definition alone, industrial activities can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the site is a long established and utilized industrial area, the property is zoned I--- Industrial, the property is designated for Industrial land uses in the Comprehensive Plan for Womens Bay and the proposed use characteristics do not appear to be any more CASE 86 -084 3 DECEMBER 17, 1986 P &Z / ITEM VI -C detrimental to public convenience and comfort than the existing activities on the site. In fact, a properly filled area could be more attractive than the existing area of scattered and open debris. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed solid waste fill area is not adjacent to any residential uses or zoning categories. There is sufficient lot area and setbacks to accommodate the proposed use in conjunction with existing activities. Additional safeguards are provided through ADEC regulations and the performance standards (Section 17.24.060 of the Borough Code) for industrial land uses. These safeguards should be sufficient for this case. RECOMMENDATION: Staff finds that this request does meet all the conditions necessary for a conditional use permit. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation,-the appropriate motion is: - Move to grant a request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit a dump or landfill site containing debris from demolished buildings to locate in an I-- Industrial Zoning District on Block 3, Tract A, Bells Flats Alaska Subdivision, subject to the conditions of approval outlined in the staff report dated December 9, 1986, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Section 17.24.060 (A through G), performance standards for Industrial land uses, are incorporated as a condition of approval for this conditional use permit. CASE 86 -084 4 DECEMBER 17, 1986 P &Z CASE 86-084 BLOCK 3 TRACT A BELLS FLATS Brechan Enterprises, Inc. oti kr% to, EJ so ZONING KE RESIDENTIAL R-I RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL. RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED SlacTE or unsE[ DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 E STREET/SUITE 200 ANCHORAGE, AK 99501 . CERTIFIED MAIL RETURN RECEIPT REQUESTED May 7, 1987 Michael Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, AK 99615 Dear Mr. Brechan: STEVE COWPER, GOVERNOR 274-2533 The Department of Environmental Conservation has reviewed your Waste Dis- posal Permit Application for the burial of construction and demolition debris at the Bell's Flat area of Kodiak Island. Based on our evaluation, Permit No. 8621-BA019 is hereby granted and found, to be consistent with the Standards of the Alaskan Coastal Management Program, 6 AAC 80. Please note the conditions in Appendices A and B. This permit expires April 30, 1992 and must be renewed by that date for continued operation of the facility. Please note that this permit prohibits the disposal of waste other than concrete, asphalt, ash and wood products. Other types of waste, such as metals, sheet rock and oily waste, could possibly generate leachate and are not permitted. The friable asbestos existing at the site must be adequately contained by State certified asbestos abatement workers before further development activity is allowed. The asbestos waste may be either containerized and disposed of at another landfill permitted to accept asbestos waste or be buried on site. If the asbestos waste is to be buried on site, it must be adequately contained to prevent the release of asbestos fibers during disposal. A wetting agent and cover must be applied by certified asbestos workers. It is recommended that certified workers be present during the disposal, of the waste to ensure that no asbestos dust is generated. The permit also requires you to maintain access control in order to pre- vent unauthorized use. You are also required to maintain a record of waste dumped at the site. It is suggested that the record book be kept at the site entrance and drivers log in each time they deliver waste to the site. Michael Brechan -2- May 7, 1987 Department of Environmental Conservation regulations provide that any person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15.200 -310. The request should be mailed to the Commissioner of the Alaska Department of Environmental Conservation, P.O. Box 0,. Juneau, Alaska 99811-1800 or delivered to his office at 3220 Hospital Drive, Juneau. Failure to submit a hearing request within thirty (30) days of receipt of this letter shall constitute a waiver of that person's 'right to judicial review of this decision. Sincerely, a3 Bill H. Lamoreaux Regional Supervisor BHL:emp ENCLOSURES cc:. (w /ENCLOSURES) A/W District Office Henry Friedman, ADEC /SCRO Stan Hungerford, ADEC /JUNEAU STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 "E" Street, Suite 200 ANCHORAGE, ALASKA 99501 Mr. Michael C. Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, AK 99615 PERMIT NO. 8621-BAO19 DATE ISSUED: May 7, 1987 This permit is issued to Brechan Enterprises, Inc. for the disposal of con- crete, ash, solid asphalt, and wood debris at Block 3 of Tract A in the Bell's Flat area of Kodiak Island. This permit is issued under provisions of Alaska Statutes 46.03, the Alaska Administrative Code as amended or revised, and other applicable State laws and regulations. This permit is effective on issuance and expires April 30, 1992. It may be terminated or modified in accordance with AS 46.03.120. Bill H. Lamoreaux Regional Supervisor BHL:ep PERMIT N0. 8621 -BA019 Page 1 of 5 KODIAK - BELL'S FLATS Brechan Enterprises APPENDIX A SPECIFIC :CONDITIONS A. Application Compliance: This permit is based on application materials dated October 20, 1986. The Permittee must comply with that application, as well as, the follow- ing permit conditions. Additional modifications may be requested, but must be authorized by a permit amendment before that modification is effective. B. Site Preparation: 1. Fencing and Barriers: The Permittee shall maintain fencing around the disposal facility and a lockable gate or barrier at the entrance to control access. 2. Signs. The Permittee shall: a. erect and maintain a readable sign at the facility entrance with the following information: i. Facility Identification ii. Owner or operator name iii. Identify that the facility is restricted to only allow persons authorized by the Permittee to use the site. iv. Identify that only concrete, ash, asphalt and wood products are to be dispsosed of at the site.. b. erect signs directing users to the proper disposal area. 3. The Permittee shall maintain a minimum horizontal separation distance of 50 feet between the active fill area and the boundary of the facil- ity. 4. The Permittee shall maintain a minimum vertical separation of two feet between the waste application and the mean high groundwater table. 5. The Permittee shall construct and maintain diversion structures (ditches or berms) as needed to prevent surface water runoff from . flowing over, into, or through the solid waste. 6. All friable asbestos material shall be containerized or sealed by State certified asbestos abatement workers in accordance with EPA (40 CFR Part 61 Subpart M) or OSHA (29 CFR Part 1910) regulations prior to use of this facility for waste disposal. PERMIT NO. 8621 -BA019 Page 2 of 5 7. The Permittee shall remove all unauthorized debris, including metal waste, prior to landfilling waste at this facility. C. Site Operation: 1. The Permittee shall keep the entrance gate locked when the site is unattended. 2. The Permittee shall restrict facility access to only allow use by authorized personnel. 3. Prior to use of this site for waste disposal, the Permittee shall either: a. remove the containerized asbestos waste and deposit at a permit- ted asbestos waste site; or b. bury the existing asbestos waste, which has been contained to prevent the release of fibers with at least one foot of asbestos free cover material. 4. The Permittee shall prohibit the disposal of waste other than con- crete, solid asphalt, ash and wood products with the exception that the following is also permitted: 1. small quantities of metal, such as nails and rebar, which is embedded in the waste, and; ii. spoil and overburden material from road construction 5. The Permittee shall consolidate and compact deposited waste prior to covering. 6. The Permittee shall apply at least six (6) inches of cover material at least once a month after waste has been deposited. 7. The Permittee shall ensure that an intermediate cover of one foot is applied when additional solid waste will not be placed on partly filled areas within 30 days. 8. The Permittee shall apply a final cover as specified in the closure section of this permit. 9. Burning The Permittee shall: a. prohibit open burning at the active working face or on previously filled areas of the landfill to avoid uncontrolled landfill fires. b. ensure that any open burning or incineration of waste complies with the Air Quality Control Regulations (18 AAC 50). PERMIT NO. 8621 -BA019 Page 3 of 5 D. Monitoring: 1. The Permittee shall visually inspect the facility on a regular basis to ensure compliance with the conditions of this permit. Contingency Monitoring The Permittee shall: a. take grab samples of any adjacent surface waters or groundwater and have then analyzed for any of the parameters required by the Department if circumstance or evidence indicate that con - tamination has occurred. Such a request to monitor water quality shall be determined by the Department's Regional Super- visor. The decision to monitor will be based on a review of analytical results or evidence collected during a site inspec- tion by Department staff or its designee. b. sample and analyze the water according to the Standard Methods for the Analysis of Water and Wastewater or EPA #600/4 -79 -020 Methods for Chemical Analysis of Water and Wastes or EPA #SW- 846 Test Methods for Evaluating Solid Waste. c. provide copies of the results of the above analysis to the De -. partment's Southcentral Regional Office within sixty (60) days of the sampling date. E. Closure: The Permittee shall: 1. notify the Department's Southcentral Regional Office, at least thirty (30) days before the facility is permanently closed. 2. ensure that a final cover of at least 24 inches is established within 90 days after the last waste deposition; a. to areas that will not receive more waste within one year; or b. to areas that have been filled to the final design elevation. 3. ensure a final cover which totals at least 3 feet exists over the asbestos disposal area. 4. ensure that cover material and drainage control structures are graded and maintained to prevent ponding and erosion and to mini- mize the amount of water entering the solid waste; 5. develop a vegetative cover or other •road surface finish to areas of the landfill which have received final cover. 6. correct any water or air quality violations or decomposition gas hazards caused by the deposited wastes or their interaction with the environment. PERMIT NO. 8621 -BA019 Page 4 of 5 F. Records and Reporting: The Permittee shall: 1. record the approximate weight, type and date of each load of waste deposited at the site and make the record book available to DEC officials upon request. 2. prepare and annually update a survey as -built or record drawing showing the location and volume of waste deposited at the solid waste disposal site and shall file those drawings with the Depart- ment's Southcentral Regional Office within 60 days of the expira- tion of this permit. 3. file the survey as -built or record drawings of the area used as a landfill with an appropriate land records office within 60 days after entire facility is permanently closed to landfilling and submit proof of such recording to this department. 4. provide a record to subsequent landowners if the property is transferred and asbestos was buried, notifying them that asbestos waste has been buried on the property and that it would be hazar- dous to attempt to excavate that area. The location of the asbes- tos should be conveyed with the land title or deed document. G. Violation and Enforcement: 1. The non - compliance of any section of this permit constitutes a vio- lation of this permit; 2. Pollution, as defined in AS 46.03.900, resulting from the operation of this permitted facility, constitutes a violation of this permit; and Water Pollution is defined as: a. a violation of the standards for surface water or groundwater quality set out in 18 AAC 70 at the facility boundary or 50 feet from the designated portion of the facility, whichever distance is less, which is caused by the landfill waste, leach - ate or eroded soil from the facility. b. a violation of the drinking water quality standards set out in 18 AAC 80.020(a) and in 18 AAC 80.050(a) caused by leachates from the facility to an aquafer which would otherwise be suit- able for use as a drinking water supply PERMIT NO. 8621 -8A019 Page 5 of 5 4. Violation of the conditions of this permit may result in the imposi- tion of civil or criminal penalties. 5. The Department reserves the right to require the Permittee to take mitigative action to prevent pollution should circumstances indi- cate that pollution is imminently probable if no corrective action is taken to prevent contaminant release from the facility. PERMIT NO. 8621-BA019 KODIAK-Bells Flat • APPENDIX B. GENERAL CONDITIONS Page 1 of 2 JUN S 1981 COMMUNITY DEVELOPMENT DEPT. 1. Access and Inspection The Permittee shall allow the Commissioner or his representative access to the permitted facilities at reasonable times to conduct scheduled or un-. scheduled inspections or tests to determine compliance with this permit and State law. • , 2. Information Access Except for information relating to confidential processes or methods of manu- facture, all records and reports submitted in accordance with the terms of this permit shall be available for public inspection at the Southcentral Regional Office of the Alaska Department of Environmental Conservation at 437 E Street/Suite 200, Anchorage, Alaska, (phone 274-2533). 3. Civil and Criminal Liability Nothing in this permit shall relieve the Permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond his control, including but not limited to accidents, equipment breakdowns, or labor disputes. 4. Availability The Permittee shall post or maintain a publicly available copy of this permit, at the disposal facility or, if that is not feasible, at the operator's place of business. • 5. Adverse Impacts The Permittee shall take all necessary means to minimize any adverse impact to the receiving waters or lands resulting from violation or noncompliance with any limitations specified in this permit, including any additional moni- toring needed to determine the nature and impact of the non-complying activi- ty. The Permittee shall clean-up and restore all areas adversely impacted by the noncompliance. 6. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation. PERMIT N0. 8621- BA019. KODIAK -Bells Flat APPENDIX B (CONT'D.) '7. 'Cultural- or paleontological resources . Shoul.d_ cul tural .Or- paleontological resources be discovered as a result of this activity, work which would disturb such resources are to be stopped,: and the Office of History and Archaeology, Division of Parks and Outdoor.. :Recreation,, Department of Natural Resources, is to be notified immediately (561- 2020). Page 2 of 2 8-. Applications for renewal In accordance with 18 AAC 15.100(d), applications for renewal or amendment of this permit must be made no later than thirty days before the expiration date of this permit-6r the planned effective date of the amendment., 9.. Transfer The Permittee may request to transfer this permit. The written request must include a certified signed: affidavit from the proposed new permitee stating that they accept this permit in its entirety and waive their rights to an adjudicatory hearing. This department reserves the right to deny the trans- ference of this permit. 10. File Location A copy of the complete application is available for your review at the Department's Southcentral Regional Office at 437 "E" Street, Suite 200, Anchorage, Alaska 99501 (907) 274 -2533. SIF LtalU DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 E STREET, SUITE 200 ANCHORAGE, AK 99501 k L«dq Feed O. k0c+ +a IS Ian d 8o rou j b. 7/0 41•%/ By �l X d;41. K, 4k- Dear Date: STEVE COWPER, GOVERNOR 274 -2533 02C, /9f7 Thank you for contacting the Department of Environmental Conservation with your questions concerning solid waste management. Per your request, we have enclosed the following information: * .e.eet" If you have any additional questions, you may contact me at the Southcentral Regional Office. Sinc ely, H- Friedman Regional Solid Waste Program Manager HECEititza MAY 28,1987 COMMUNITY DEVELOPMENT DEPT. Michael Brechan Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486-5736 June 1, 1987 RE: CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. Dear Mr. Brechan: Please be advised that the above - referenced request has been scheduled for review and action by the Planning and Zoning Commission at their June 17, 1987 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, June 10, 1987, at 7:30 p.m. in the Borough conference room, the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486 -5736, extension 255. Sincerely, pa. Patricia Miley, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTmENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 17, 1987. The meeting will begin. at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community •Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486 -5736, extension 255. Your Name: Mailing Address: Your property description: Comments: CASE 86-084 BLOCK 3 TRACT A BELLS FLATS Brechan Enterprises, Inc. ZONING KEi RESIDENTIAL • RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 R900200t000. P•O. BOX 2634 KODIAK AK 99615 --! 57 58 59 R9002002000 6 O aI -A _K—I t_A- l.t3_aoR.O citi KI8 12 710 MILL BAY RD P.O. ''. 0`; 26 KOD.IA R9002005000 30o�T d 31 KIB 12 32 710 MI 33 - K-QD -I A.K 34 35 36 37 38 R9002010010 ..:. ND—BD&ZJ GH RD A- K- 9- 9-6-15 89002010020 39-K OD -1-A -K 4A NUJ BOUGH. 40 K I B 1- 41 71.0. M BAY RD 42 -K-OB AK 9)61-5 43 44 45 46 47 48 49 -14-00 I AK-- S- 50 K 12 51 710 MI LL 52� 54 55 56 57 p��� }n� R900201003� OR43 GH `VF-x p4- 6466 8t, - 6 86/ Se -KODI AK. 59 KIB 12, . 60 710 MI -- lceal R9002010040 -31D BGR -OUCH • • 9002010050 ND BO/ H KI B 1 2 710 M 4 5 6 7 8 9 0 2 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 R9002010060 - KODIAK -- ND BOROUGH KIB 12 710 MI BAY K 00-I-A-K KIB 12 710 MIL -KI R9002020010 OR-C/O-OH AK 99 45 R9002020020 -K-O.Q- I- A.K -:-I V R. a -011G H KIB` 12 , Rte' STATION, �7�1 /0� -TM i L:.,_�: •. Y D - KO0 -I-AK= -K Oil -tT -n Ia K B 12 710 MIL' BA KOILIA R9002020030 AK .99415 Knf1IAK IS KIB 12. 710 M' -KODIAK' R9002020040 BORn.UGH R9002030010 BR ANAT.ER •)R3.SES -1-NC P•D. BOX 1275 KODIAK AK 99615 �nnT3t TC• A:1" R9002040010 non n. 1- 1 K I 71 6 Y • KODi,A.}5.7.74. Pj10. BOX 273 KODIAK R9002040030 g9. 00 3 0 0 0 E-44*-61aR 3° P.O. BOX 3274 KODIAK AK 99615 34 35 36 37 38 39 40 41 42 43 44 R9003040041 I C--H..-AR-1)--&—P-AT KODIAr. AK 99615 R9003040042 N-C-Y A 10911 KALSIN DRIVE KODIAK AK 9615 50 R90•3040043 78UR44-S174.-E7R-R-Y77--A7T7HL E E _■.1, KODIAK AK 99615 -,-R9003.040.050 . . . E CHRISTINA L. BOX 3694 a.: 6 2 5 6 7 8 9 10 11 12 13 '14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 89003040051 SOI-1A-EFR P.O BOAC 2133 KODIAK -UiV'8 R4 9C-0y �R P.O. BDX 1099 KODIAK AK 99615 R9003050010 51 52 53 54 55 56 57 58 59 60 P.O. BOX 1122 KODIAK AK. 99615 P.O. BOX 1311 , KODIAK R9003050012 R9003050023 - }4ALTER- 9-D- AV-1- 0-&.. NAOM1.. P.O. BOX "902 USCG KODIAK AK 9961 SR 7980 2 KODIAK 3 6 7 9 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 90050024 EA AK 99615 R9003050025 DO-Y L E I I-1-,4Q $- N -U -&-S HA I P.O. • BOX. 1233 KODIAK... AK 99615 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4 45 P•0, BOX 2252 KODIAK AK 99615 R9003050030 R9003050040 M OR-R -144-A l-AN-4-4ME Lt -D Y` STAR ROUTE 7940 KODIAK AK 99615 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 -t;AS T- I-'L -L 0.4- AW'4.A OLSON, CRAIG P.0, -BOX 32 - K.O.© -hi.kC R9003050041 - K.IISI.O-t S T F VE N E P.O. BOX' 2617 KO DI AK '90Q3050042.::'' 35 0042.:-. AK 99615 R9003051023 P.O. BOX 262 USCG KODIAK ' 99619 6 14 5 6 7 a 9 20 2 22 23 5 2 2 2 2 3 31 3 33 3 3 3 3 3 4 41 4 4 4 4 4 4 4 4 5 5 R9003051024 R Y N -MA-D-S-E-Ni-R-I-C-H-A-R-D—&—K A-T H P.O. BOX 576 KODIAK AK 99615 R9003051025 R-D—a. K A T-HR YN -NA-0-$E-N--R- P.D. BD KODIAK AK 99615 -J,,(.. -77-o.i.--,------- p.L., L., .1. Ai\ 7- 6 /Th i - 1 ) , R9003060030 : 6 ; R9003070182 R I C A EL -WA-NZ, AK f L YNN 1 P.O. BOX 281 . , KODIAK AK 99615 ' E-1 M B MARIE il 0 A-LE- P.O. BOX 135 KODIAK AK 99615 t , -Th8 7 9 R9003060031 0 R9003070183 2 -R-I-ETE-t-MA-B-E-* ' -R-I-E—C DA1...-- -.L.A.E...0.1.-L-E-T-T-E4-G-E-RAL-0—&—NE-T P.O. BOX 2366 ' KODIAK AK 99515 , ..- 1 ' ' 1 4 P.O. BOX KODIAK AK 99615 1 ' 7 1 R9003070160 t,, , 'F.J-OH USD N ROY 3 20 R9003070190 21 -M A-N DLO- V-I-T-Z-,rK-E-NN-E-T-H—T-H0-MA-S , P.O. BOX 2628 1 , KODIAK AK 99615 22 2018 WILLOW RD . ARROYO GRANDE CA 934-20 4 ■ R9003070170 ' MARY &—G6-EN -MATH-ES t .N P.O. BOX 2015 ' KODIAK AK 99615 ' 5, 55 56 5 58 59 R9003070180 60 WENTE,JANi-J SR 7010 • u4. 4 TneKr Cg=) oF Th R ./.00 D.000 71)44-c-f- Pr Let %tit R goo d.011- 0030 IQ- 900 3o If 45•0 R cloo 30,7t DocIt/t ctoo 3Ds" 0010 e-. P- (NO BOS-- 0 ?AAc. tur 3A g 900 3of„ 003o 9 ©0 306 0031 Vatt< -7 L-r R c°19 307 01(,0 lA tar OA F. Too 307 ovio --cokor R 3Do -T g. 990 qs-okA/ eAcr- e t-v-ot, 1P14-us vt--40A- CASE 86-084 BLOCK 3 TRACT A BELLS FLATS Brechan Enterprises, Inc. E ZONING KEY RESIDENTIAL R-I RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS '.-MAY 14 97 14 : 19 DIV. 0:;fLi--C6ORD IfIAT ION ' • . . 061 . - , .• Date Sent: Time Sent: Number of pages INCLUDING transmittal sheet: TELECOPIER TRANSMITTAL SHEET Please give to: Comments; Sent by PLEASE CALL 6; Mat (907)274-1581 ASAP if this transmission is riot received in its entirety. Thank you. ,MAY. 14 '27 14 20 .DI "•i. G T, CO.ORDINATION:. ANCH ' DEPARTMENT OF THE :AF us. ARMY 4I GINIIR fIlTR1CY. ALMKA - - P.o. acix too ANCHORAON. %LA1KA sa608-6614 8 MAY 43, £YiSes * ®r. - NPACO -R -C SUBJECT: Nationwide Permit Notification'Case No. NPA 87.x2 Commander North Pacific Division ATTN: NPDCO -F Portland, Oregon 97208-2870 1. The enclosed notification sheet was sent to appropriate Federal and State agencies and is provided to you in accordance with the regulations at 33 CFR 330.5(a)(26). 2. Any comments expressed by the agencies and our recommendation's will be furnished at a.later date. FOR THE COMMANDER: Encl THOMAS M. SKORDAL Chief, Compliance Section Regulatory Branch OFFICE OF MANAGEMENT & BUDGET MAY 1 2 1987 GOVERNMENTAL COORDINATION MAY.14 '87 14:23 DI'V. Gh T COORDINATION: ANCH _ P.0O2 ARMY CORP OF ENGINEERS DISTRICT CONTACT: Jack Fer se Alaska District, NPACO -R TELEPHONE NO (907) 753 -27 Y Post Office Box 898 DATE: May 7, 1987 Anchorage, Alaska 99506 -0898 ******************************************** * * * * * * * * * *** *** ** * * * * * *** * *** ** DATE RECEIVED BY DISTRICT: May 4, 1987 EXPIRATION DATE: May 24, 1987 Y * *ir*,aU,Ukyt**yY* r*********************** * * * * * **k*kir*** **** *** *** * ** * * * * * * * ** AGENCY: In accordance with revised regulations published at 33 CFR 330.7 on October 5, 1984, the following information regarding a proposed discharge under the Nationwide permit (NWP) 33 CFR 330.5(a)(26) is forwarded to you. If you have any views as to whether an individual permit should be required for the proposed work, you should forward those views to the District Engineer. If a response is not received from you by May 14, 1987, the applicant may be advised to commence work under the existing NWP. PLEASE REFER TO CASE NUMBER IN YOUR RESPONSE: NPA 87 -2 APPLICANT NAME: Brechan Enterprises, Incorporated ADDRESS: 2705 Mill Bay Road, Kodiak, Alaska 99615 TELEPHONE NO: (907) 486 -3215 WATERWAY NAME; Sargent Creek DESCRIPTION OF LOCATION: Located within the NE1 /4 of section 31, T. 28 S., R. 20 W., S.M., between Sargent Creek and the Russian River. PROJECT DESCRIPTION: Fill in a six acre water filled gravel quarry site, which has 6' to 13' of water depth. Fill would consist of construction materials, concrete, sand, gravel, over burden, stumps, and other items allowed by waste permit. PURPOSE OF PROPOSED WORK: Waste material site. AREA OF WATER (INCLUDING WETLANDS) SUBJECT TO LOSS AND /OR SUBSTANTIAL ADVERSE MODIFICATION AS A RESULT OF PROPOSED WORK: No wetlands present at site. Six acre man made pond will be filled. OFFICE OF MANAGEMENT & BUDGET MAY 1 2 1987 GOVERNMENTAL COORDINATION UNITED STATES ARTME T OF Ta:`. INj ER OR GFOLQ 9CAL S:1t'%V Y selas>o E m z• w s: 5' 0 • • • 1+wo, AK 022 3I' - -- - - _ _, _.rtes?. aiunit . t - • ," • '%.✓ �. i., .� _a - Gam.•' • • mot' ® b A .a'e -. •0 •Q, c 12 0 .Y $�1" ° .1•',2.° k. • sat*. } . { �� - - �L ae • .Ra in 49,11‘s �. ! '% �°' ! •` s _fed j9 w� i 6412 314 3, �°t�owa m • 255' - ti t , "�..: - . //. • � te' C i _�c'�.— __Art.+.l�➢ - F-- - • % Vii: r lbws./ It 4 - l— >• • I'll; " • „e" • 1.0. 0 d' to ' M.ti — pr p��p_t° 'tea dr 3040,40,1. 3 st 4 _ •- a — 5114 Vof Iv:: y 1."."`'. - § la : - 45 or • ;+ . O' ! _ f -- — — a ✓ - 6 i- -.7d- P - '— � CU 1 . ^ • z � Pwln r! 4. ! , ; ® J r _ __ _ '"_- �0' .. 1 °a° ' 1_:• _ � g,! — T d 3 l •- . S a i .. _tom . _•, p•-° +a. • ▪ - vases.. .attLI.S•tap • • - - - �• -- ` - �"- sees_: - - a. • •w to • ..-- • • ,rr t •-- - I c • ..�` X91 -r /_•;._1•. i i • a`. 4D • • 9.°' t,. t '� f` a • P'.5ti ; e'A_sy -° • � •r° • • e...-- - Y a J -d • i atT� f -maJ •• _._r� }�du'dh! .r .0. •1 "° let i x: MAY.14 '87 14:23 DIy. G".-'71 COORDINATION: PINCH P. 805 IBRECI- IAN: ENTER PR1 WASTE CE L L EVE 1 PLAN 811.( 3 'TRAC• I Not ro scow : Uct ~+=�/ - • )8VAT� THE -DOCUM ENT- ~+�^-`- +BIEL-LAM8REAUX- - -FEBRUARY--- , .• 'Rf]��{] Air`%OPERV�S{]R� •, ' DEPARTMENT- -^-'^^ --�--'{M87-IV-O007`^^ --~A[TIN&{}EPUTY'COMMISSI �+NO'r-8621•BAO . -DEPARTMENT-OF-FIJH AND-GAME.-~-• ' • / -^C'r-WAYNE'-DOLEZAL-fS-IGMED)--'^ • --- �=' - I\/--'---------- 'DEPARTMENT OF FISH•AND-GAME-^ •-T-HE-ALAS-KA-DEPARTMENq- ND- GAME-'(AD --HAS-RE VIEW EB�` Fl^^TOP-- PF2- BOTTOM - , -PF5 -D8WN - -^~- • • - -SCREEN- - ^ F9-H[L[— PF PF-12'RETURN-` - • ALA%KVBEPARTMENT-OF-FI%H AND-GAME (ADF&G)- HAS-- -REVIEWED-- \-^�THE--D8LIB�WAST-E--DI-SPO<<A�--PROJECT-REFERENCED^ABOV��---G-1.VEN�- THE • HIGH ~WATERlFABLE- AND---LARGE-AMOUNT-OF-PRECIPITATION-IN ~~THE_A[}ENri` WE` ARE CON SERN ED- THAT'~LEACHATES--FRQM''lFHE-Sq'TE~. • , ~-C8ULD-ENTE[> -THE- -GROUNDWATER-AND- EMERGE-TO- CONTAMINATE NEA R BY- '----SARGGNT=CREEK-4'-A 'SPECIFEE-D-ANAB _ -U 'WATERBODY^- --WE- ARE- ^CONCERNED ABOUT-THE- CAPABILITY-OF-DEC-OR OTHER-- ' '-- - / ' 'RBG8LAlFORY`AGENC]!E-S~TO~-MONITOR^`MATGRIALS-THATARE~`BURIED ��ITE�-~~TH�-AREA-8P*THE'CREEK-ADJACENT TO ^AND-DOWNSTREAM- • THE -WA�T L -^CHUMrRINK r-AND' COHO -� ^�'��ALM8N^~F8R-%PAWNIN�-'AND''REARIN�� ' - -^ ` - - ' - ` - ` ---If)O- --H8WEVER�--1f�qlE-SOLI{>-WASfE~PERM IT- 'CONTAINS PULATION°�-. -THAT-'LIMITS-THE-FILL-^MATERIAL-TO-WOOD-ANDOTHE[>-SUBSTANCES / ---WHICH=ARE~^N8f-L-IK-ELY-T{}fORM'TOXIG^LEACHATES-AND-PROVI%ION%- •ARE''-G%TABLI%HED' FOR' MONITORING THE'-FILL'MATERIAL, WE --HAVE- NO L^-OBJECT�ON TO�THE-PR0JECf-AS-PROPOSED'� --PUR%UANT-TO-THE -` • INDUSTRIAL-=-DEVELOPMENT S-TANDARDS 8F-THE KODIAK 'ISLAND ` PROG•RAM''AND'T0-6-'-AAC - .,'THEADF&G RECDMMENDS'THAT--THI%•PROJECT-BE FOUND TO -BE ~`' F1'�'TOP~�`-~-PF2^-B8TfOM~---�PF��-UP-----PF��`DOWN^-- �-' -``+-`--' SCREEN'--''2-'OF~~' HELP'~'`-"PF`i0-NEXT 3CREEN --~PFif'`PREVIOUS'SCREEN PF1-2~RETURN - - LOOK- AT'---THE DOCUMENT------- -- '-�----^--- - -----'~ �O(}-` / THE^ABF&G-REC8MMENBS-lFHAT-^THI%-PR8JECT BE--FOUND TO- BE�'-�--�` L-^CBN%IST-2N7-WITHHTHE-'STANDARDS--OF-THE-MLA%KA-SOAJTAL--` MANAGEMENT -PROGRAM-IF'THE-PROVISION%-OUTLINED-ABOVEf)RE-- ��c�INCORPORATED��IN'THE�SOLI{7'-WASTE-DfSP8%AL-"PERMIT��.. WE-APPRECIATE-THE^DPP8RTUNIT�^T8-COMMENT.'-'-IP�Y0U�H�VE���NY- FRIEDMAN�-DEC (PROF3;)-- -'L^- FREED �-KODIAK-I%LANB-B8RBHGH�(PROF�)�° 'MURRAY-;-ADP&�~�PR8F�f-`' `K -MANTHEY,^~ADF&�'--- BLACKETT--, OF DOCUMENT- • «Fi-TOP--'�f1�2-B8Tq�M'-'��F4^UP--~^PF5-DOWN^ - ------SCREEN•^-^��-OF UF9-HELP- - PF1-1 -PREVIOU%-SCREEN- 'PF12'RETURN �=} -. IX. COMMUNICATIONS B) Administrative Interpretation of the Off- Street Parking Requirements for Churches. COMMISSIONER KNUDSEN MOVED TO CONCUR with the Administrative Interpretation that the off - street parking requirements for churches will be computed as follows: 1. One (1) parking space for each three (3) occupants based on the maximum occupancy of the principal place of assembly. Maximum occupancy of the principal place of assembly will be determined from the Uniform Building Code occupancy load factors. 3. In the case where seating plans (i.e., fixed pews or open seating) are not finalized at the time of an application for zoning compliance, the off - street parking requirements will be computed for an assembly area without fixed seating [one (1) occupant /seven (7) square feet]. . p The,motion,.was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A, C and D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Copy of a memo to Members of the Selief Lane Task Force dated January 23, 1987, from Bud Cassidy, Resource Management Officer, re: Organizational meeting on Wednesday, February 11, 1987. Letter dated February 18, 1987, from Jerome Selby to Bill H. Lamoreaux, ADEC, re: Brechan Solid Waste Permit Application No. 8621 -BA019 D) Memo dated February 18, 1987, from Linda Freed to Jerome Selby, re: Nonconforming Lots of Record There were no further communications. X. REPORTS A) Status Report from the Community Development Department. LINDA FREED reported on the following: (1) Item IX -D, re nonconforming lots of record; (2) the Parks and Recreation Meeting scheduled for March 2, 1987; (3) the worksession scheduled for February 19, 1987, with the City Council to discuss the side and glide slope proposed regulations, and February 25, 1987. A discussion ensued amongst the Commissioners and Community Development Department staff concerning pending litigation (KIB vs. White) and the other enforcement actions relating to Mr. White. XI. AUDIENCE COMMENTS ROLAN RUOSS appeared before the Commission and commended the Commission for the action taken concerning the Port Lions rezoning issue (Item VI -B, Case 87 -002). There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER ANDERSON stated that he was pleased that negative votes of Commissioners were explained to the applicants. COMMISSIONER KNUDSEN stated that she appreciated the inclusion of the coastal management policies and review in the staff reports. COMMISSIONER THOMPSON expressed concern with staff recommended setback requirements on waterlines as being measured from the tops of bluffs. P 6 Z MINUTES 14 FEBRUARY 18, 1987 .1 Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 Bill H. Lamoreaux, Regional Supervisor Department of. Environmental Conservation Southcentral Regional Office State of Alaska 437 E Street, Suite 200 Anchorage, Alaska 99501 February 18, 1987 RE: Brechan Solid Waste Permit Application No. 8621 -BA019 Dear Mr. Lamoreaux: Thank you for the opportunity to review and comment on the above referenced permit application. Our comments are divided into review of local zoning ordinance requirements and compliance with the Kodiak Island Borough Coastal Management Program policies. ZONING ORDINANCE REQUIREMENTS: Block 3, Tract A, Bells Flats Alaska Subdivision is zoned Industrial according to the Official Kodiak Island Borough Zoning Map. Within this classification, garbage disposal sites, dumps and sanitary landfills are identified as conditional uses and may be permitted by obtaining a conditional use permit from the Planning and Zoning Commission after proper notice and public hearing (Borough Code Section 17.24.020). Brechan Enterprises, Inc., applied for a permit on October 28, 1986. On December 17, 1986, the Planning and Zoning Commission held a public hearing on the conditional use permit request. Following consideration of written and oral testimony, the Commission tabled the permit application until such time as ADEC reaches a decision on the waste disposal permit application for solid waste management activities submitted by Brechan Enterprises to ADEC on October 27, 1986. Specifically, the Commission was interested in the process and procedures utilized by ADEC in reviewing the waste disposal permit application, how "clean" fill is defined and how the filling activities will be monitored for compliance with ADEC regulations. Mr. Henry Friedman of your staff met with the Commission on January 7, 1987 to discuss these concerns. Following an ADEC decision on the permit, the case will be scheduled for an additional public hearing before the Commission. One additional point should be noted. The ADEC Public Notice states "asbestos contaminated ash is to be buried in place." Our case file Kodiak Island Borough Bill H. Lamoreaux February 18, 1987 Page Two specifically notes that no asbestos would be placed in the disposal site. This information was presented in the staff report to the Commission and was verified in a telephone conversation with Mr. Mike Brechan on December 8, 1986. I believe residents of the area are also under the impression that no asbestos would be placed in the fill site. CONSISTENCY REVIEW: The following specific use policies are used to evaluate industrial development for consistency with the Kodiak Island Borough Coastal Management Program. The Community Development Department evaluation of each policy is included. Industrial Development 1. Optimum Location. In order to satisfy industrial requirements, meet safety standards, protect fish and wildlife resources, and maintain environmental quality, sites for industrial development shall be identified in conjunction with the Kodiak Island Borough. Consistent: Yes. The subject site is zoned for industrial development and the 1982 Womens Bay Comprehensive Plan identifies this area for industrial land uses. 2. Natural Features. Dredge and fill, excavation, shoreline alteration, and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Consistent: Yes. The proposed activity does not involve construction or operation of port, harbor, dock, industrial or energy facilities. Applicable zoning regulations permit a dump or landfill site under a conditional use permit. The fill area will be limited to the existing pit that was created as a result of gravel extraction. 3. Natural Setting, Views and Access. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for Kodiak Island Borough Bill H. Lamoreaux February 18, 1987 Page Three public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable. The site is not located along the shoreline or in a scenic view area. 4. Dredge and Excavation Material. Dredging and filling shall be consistent with ACM?' Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. The proposed activity is not located along the shoreline and is not a water - dependent activity. 5. Facility Design. Developments in or over the water, such as piers, docks, and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources, and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. The proposed activity will not be conducted in or over the water, as in the nature of piers, docks, etc. 6. Buffer Zones. Buffer zones shall be established to the extent feasible and prudent, between industrial areas and major public transportation routes and between industrial development and adjacent, non - industrial properties in order to minimize conflicts between land uses. Consistent: Not applicable. The site is surrounded by public road rights -of -way. The existing industrial use of this area is long established. 7. Accessory Development. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities and utilities. Consistent: Yes. The location of the site is not along the shoreline. Kodiak Island Borough Bill H.. Lamoreaux February 18, 1987 Page Four 8. Wetlands. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable /undetermined. Compliance with 6 AAC 80.070 is not applicable as the proposed' activity does not include an energy facility. Compliance with 6 AAC 80.130 is undetermined because the Community Development Department lacks the in -house expertise to evaluate the impacts of the proposed activity on habitats. Our comments would likely agree with those of the appropriate state agency having jurisdiction. Finally, the Kodiak Island Borough Assembly is aware of this request and would prefer not to.see another landfill opened on Kodiak Island. The material in Womens Bay could be placed in either the Borough landfill or the demolition landfill in the Buskin drainage opened'for the World War II cleanup. Given the community opposition to this permit, the question of potential groundwater- contamination and the availability of other options,. the Assembly feels this permit is ill advised. Once again, thank you for. the opportunity to comment. We hope the above . comments will'be useful in your review process. Should you have any questions, please call Robert H. Pederson of the Borough staff. Sincerely, Jerome M. Selby Borough Mayor cc: Planning and Zoning Commission ADEC Kodiak Womens Bay Community Council Brechan Enterprises, Inc. Kodiak Maid Bar—ofigh Kodiak, Ataskei RECEIVED To: . Honorable Mayor Jerome Selby F.EB 5 1987 AM PM ' From: Chairman Womans Bay Service District p_1411211101518 Subj: BRECHAN ENTERPRISES INC. APPLICATION FOR-SOLID WASTEIMPOSAL PE We hereby vote against the issuance of such a permit. Some of'the reasons are as follows: 1. May contaminate surface and subsurface water nearby. 2. Area too close to Sargent Creek and Lake Orbin. 3. The excavation site is full of water most of the time. 4. Area too close to residental dwellings. 5. This man made pond'or lake would make a good salmon spawning area, if it was tied to Sargent Creek and Lake Orbin with large diameter pipes'or C.M.P.'s. 6. An alternate disposal site for the contractor would be above Buskin Lake, where the material was hauled to The Corps Of Engineers clean up from the Navy's old metal dump by Russian River. SITE dE ALASKA DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 "E" STREET, SUITE 200 ANCHORAGE, ALASKA 99501 January 14, 1987 Linda Freed, Community Development Director Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 Dear Ms. Freed: RE: Brechan's Solid Waste Permit Application No. 8621 -BA019 STEVE COWPER, GOVERNOR 274 -2533 HECEIVED JAN 16 1987 COMMUIVITY DEVELOPMENT DEPT. The Department of Environmental Conservation has received an application for a Solid Waste Management Permit from Brechan Enterprises, Inc. for the disposal of demolition debris into an existing gravel pit located in the Bell's Flats area within Block 3 of Tract A. Waste is to be disposed above the water table and covered with clean fill. A copy of this application is enclosed for your review and comment. Please inform us if operation of the site will comply with local ordi- nances, zoning requirements and the local district coastal management program. We request that you and your staff review the application and submit your comments to the Southcentral Regional Office, 437 "E" Street, Suite 200, Anchorage, Alaska 99501, within 34 days of the date of this letter, so that they may be given full consideration in our review process. Requests for additional information must be received within 25 days of the date of this letter. Should you have any questions regarding this matter, please contact Henry Friedman, at the above address, or telephone 274 -2533. Thank you for your consideration in this matter. BHL:emp ENCLOSURE Sincerely, Alf i l l H. Lam •aux Regional Supervisor PUBLIC NOTICE Alaska Department of Environmental Conservation ADEC has received an application for a Solid Waste Management Permit under Alaska Statutes 46.03. Applicant: Brechan Enterprises, Inc. Activity: The disposal of primarily inert demolition debris into an existing gravel pit. Waste is to be disposed above the seasonal high groundwater mark and a final cap of at least two feet of clean fill is to be placed over the fill. Asbestos contaminated ash is to be buried in place. Location: Kodiak Island, Bells Flat Area, Block 3 of Tract A Permit Application: 8621-BA019 Comments regarding this application may be sent to ADEC, 437 E Street, Suite 200, Anchorage, Alaska 99501, within 30 days of the second publi- cation of this notice. A copy of the application may be reviewed at the above address. Dated, Anchorage, Alaska on Jcerz. /4 Jg6 KAP Aro 402 xe /J:44. , . .m. 41Pr eaux Regional Supervisor Box 273 Kodiak, AK 99615 February 4, 1987 Bill H. Lamoreaux Regional Supervisor, ADEC 437 E Street, Suite 200 Anchorage, AK 99501 Dear Mr. Lamoreaux: Under Public Notice by the Alaska Department of Environmental Conservation, we have noticed that Brechan Enterprises, Inc., is asking for a Solid Waste Management Permit under AS 46.03. This dispoasl pit is directly across the road from the Kodiak Livestock Co-op meat processing plant, and the 27 acres of land that we own and are presently developing is on the doWnward slope from Brechan's disposal pit to the Russian River. One of our wells is not as deep as the pit. The Kodiak Livestock Co-op is greatly concerned about the contamination of our water if asbestos contaminated ash is to be buried in this place. The seasonal high ground water mark is very shallow in this area. Since we are a foOd processor and the quality of our water is continually monitored, we want to protest most vigorously to the ADEC this disposal site and the granting of the permit under AS 46.03. Yours truly, cl4 Omar S ratman, President Kodiak Livestock Co-op FES 1987 COMMUNITY OEVELOPMENT DEPT. - - - .HELP'WANTED 1 ft The Womens Bay Parks Committee is looking for a local :crafts-, . man to do some work on the Panamarioff Ck Park storage quonset hut. Interested parties, should contact Carl Hayes to inspect the project. 487-2139' Project will include the fol- lowing repairs: vapor barrier on' floor- roof rei5air wooden floor (back 1/2) gravel (front) paint Please submit estimate in writing to Carl Hayes.. Include cost of materials and labor. , • Kodiak Lions Chib Oyster Feed Sun., Feb.:1 at the Elks Inside this issue.,,:! A delicious chocolate mousse7. A new birthing service, some ' stories from young authors, a Public Notice requesting comment . On the proposed dumbSite at the Brechan Pit--and a pre-addressed, form to send to DEC, Fire news, Park news, and more 11' • B ELLS FIATS plIMP?? • In October, 1986; Brechan Enterprises applied for a solid waste dispOsal. permit from the Alaska Department of Environmental Conservation (D.E.C.).* At the same -Wile, Brechan Ent..alsa applied to the. Kodiak Islana Borough for a Conditional Use permit to allow a dump/landfill site on their proper- ty (Blk 3 Trac1 t A, BeWs.Flats Subdv), In the application to the State, Bre- . cahn Ent. plans to receive 5000 cu.yd. of waste per year as 'landfill. This waste will consist of 80% construc- tion wastes,15% demolition wastes,& 5% incinerated ash. The principal pre- disposal method employed will be in- cineration. ThS waste will be placed in cells and covered once per season; the asbestos contaminated ash is to be buried in place. The intent.of the application is to. continue this land- ' fill until the area left from past gravel extraction is completely filled Notices were sent to 34 residents within a 10001 iradius,.& the Community Council, of a public hearing before Planning & Zoning, De6.17,1986.After public testimony, P&Z moved to table* the Conditional 'Use PSrmit'until it was reviewed by D.E.0 On Jan.7th, 1987.. Henry Friedman,'DEC'S Environ- , mental FieldjOfficer.for Kodiak, met at a work session with P & Z, Mike 'Brechan, and concerned residents. The ! outcome of that meeting was:that the permit should be reviewed by DEC first The first step in DEC!s4 review is to • advertise for written public comment. .This appeared in the Kodiak:Daily ' 'Mirror on January 20th, and is dup- licated here also. If:enough written testiony'iS receiveCby February 20, i!1 there will be a publid hearing held here in Kodiak. The DEC will then decide on the issuance & conditions of 'the'proposed wasteldisposal per- iii. : ,1 * .* * L - 1 ',,1 */ , • 1 I ! If youihave an opinion on this permit; please take the time to complete & mail the enclosed ,A-form.Se.e,p9.71 ' • II • Send to: • ' Mx, Bill Lamoreaux • ''' ' •:i ' AailE.C. 1 *,,1 ' ! 437 4 Street Suite 200 -i , 1 Anch0Age, Ak. 99501 , . h II ' 1 L 11 • , • i letters to editor A , / FULL CIRCLE by Kathie Short .; Eighteen years ago,' I lived in • . . .1 Womens Bay, then always called Bell's• Flat, which was at that time, the :. The following letter was sent to home of just a few hillbillies & : •:, the DEC, and reprinted with per-- . hippies. I spent a lot of time at :. : .mission from Mary Mathes: some quanset huts the year before, •: . hanging with a guy, Derrell, up from : To: Bill Lamoreaux, Regional Supervisol . , California for adventure & money, & : Alaska Dept. of Environmental . Conservation we got married. He turned into a . - .fisherman, and living,at Bells Flats : Dear Sfr:' 1 , . • was lots of fun. This time 1 write .: I am disappointed & !concerned to of was before the much bigger influx : learn of the application to your de- •of hippie groups, of which sorne of : partment for a solid waste disposal ':.you. reading this were members; • & incineration site permit by Brechan • Anyhow the Womens Bay Community . • Enterprises for their property in the of that era was composed of interest-, : Bell's Flats Subdivision. •ing,now legendary, characters like . • ',feel the major factor in consider- the Brazies, the Reverend Setters & - : ing this application should be the his congregation, Izzy & "Crazy Dick" : close proximity to residential pro- (who shot the mice in, his quOnset : perty. The proposed site has no buf- with a '45), & the Ghost Dogs.' You : fer zone around it—natural or other- may wonder where the women of Womens : wise. Virtually'every;resident in . Bay were? Well, we were there, but :this subdivision must pass by it to since we didn't shoot mice, we missed_: xeach their hothe. Ileel there would out on the colorful nicknames. Later -:.be problems with increased traffic, . on came Speedo Bob, Cowboy Jim, the : possible health hazards from, the smoke Pattalochi's..But Derrell & I took :& ash, contamination of-ground water off for wilder country, spending the. : & wells, & generally pose an unsight- next twelve years on Afognak & Bare ':'ly & unnecessary nuisance to our Islands, except for local fishing :,community. trips, and a winter in Prince William.: I disagree with the following state- Sound chasing tanners. : -; . : ment in the application: "Since the area is already fenced & essentially Out in the boonies we had good : a controlled ground area, we do not times and bad timest'and :raised up • feel any further actions are required 2 babies along with .a pack of MaIa- s•o prevent the spread' of litter, odor, mutes. The time did come when we . : noise or safety & nuibance problems." .realized it was time to move out of is For more than 6 weeks last summer . the shadow of Kupreonof, and do a . • Brechan Enterprises burned demolition few other things with, our lives. ' • . debris on this site. The neighborhood While Derrell was out fishing, & I : endured the smoke & stench until a was tending babies; I had some strong : subsequent petition to D.E.C. put an ideas & firm intentions, so 1983 • : end to it. This activity is obviously brought a move to town to begin pre- : an t!odor, safety & nuisance problem." paration & education for Me to become I do not wish.to see these problems a professional midwife. repeated. Therefore, 1 ask that this : Over the last 4 years, amongst : application be; denied. . , Respectfully, ! workshops, trainings, EMT certi- . . Mary Mathes fication, childbirth educator . Box 2015,Kodiak training, college classes, indepen- dent study, & attending births • as a labor coaoh; I taught a:lot of childbirth classes & ran's. sos 'social service programjfor preg- , nant women. Along with ' this was 1. academic study & labor & delivery '1' experience in Texas in '84, an apprenticeship with Patricia Mur-; , phy.in '85, and completion of my internship for midwifery praCtice. & certification as atrained'midwifeQ , . efohriequ4Ted *Childbirth. Parenting in Texas in 1986I'Da Dah!! ' attendance for and Breastfeeding il — prerraration While I was doing all that; with *1 Wile, birth : For informithm, edocatient anti pport for the child bearing yerl loving support from family members , 1- ' ' Wothens Bay Midwifery; Kathleen Short-C_M., CCP- ' Box B31, Kodiak AA 99615 . ' & friends; my family*as living ;' • • (907) 44374022 ..-.. here & there around town. BUt.. last winter, we dicided to buy'a ' i 1 I ' 1; place here at Bells Flatsi sort of, IA16dided . to share this story ease in, and find out'if we want-' :Ayith-the community here, & to an-. 'ed to stay on. We found that ,Bell' npunce;ithat•Iam honoring.Womens Flats has gone through a lot of :).' j :,rBay byhdalling my newly initiated change, & grew into a'regular ' '' -maternity service, Women's.Bay! _i_.."; community, just as we had. ' , . i !6t4.9!1.w3,4ery (at least to me, it's from being.wild kids:to "maturity !!‘., ' !,panjhonpr), I will, of course, be It is interesting to'have come ,4i , !.- ' rdud,to serve any of the women • full-circle, 'Ioftte-)entire, island archipelago. ;., SdoeS.m3i. practice of midwifery . , • •• - Kathleen Short Certified Midwife and Certified childbirth Educator Is very pleased , ] to announce the opening of a professional practice of , 1 , 1 I i Midwifery and the initirnioo of ' Womens Bay Midwifery ,, • : a comprehensive maternity service for Kodiak Bland.' ,, • Prenatal and Postnatal care *tabor assistance • in the hospital omens Bay News is 'a /Jun-profit ommunity newsletter, sponsored by e womens Bay Community Council. submit articles , ads , or cartbons intact Laurie Madsen 7-2509 or ; !op y our articles in ihe mail tic), U. Box 240, Lodiak, 99615 * * * -* * *** * * * * * * * *! * . , almou••■•••••ansime■s•os•Rias•• Community Council Members Jeff Thrasher (7-L1-3(00 - Lorraine Peltier (7-2201) Fan Hummell (7-2136) ' Kristie Monroe K72763 m ) Nettie La Follette ,(7-2242) • ,11 ' Jean Toarber- Ct-'7,30.0 Inumumumumusammomia !i • he University of Alaska's Cooperative :xtension Service Office is still open, ,lthough its agent, _Gene Gade, has gone. 'hey offer publications of interest to ;ardeners, home owners, and, cooks ,o name a few. Their hours are 1-5pm : Lally, and Candy Falatko is there to ielp with any questions or concerns you nay have. They're located upstairs in ;he Island. Insurance Bldg, Room 204. Che phone number is LI-86- 4,3 (.3 ['hey will be offering the Master Gardener :lass sometime in March. Be watching or the date and times in the Mirror :r on KMXT or KVOK. •11111■1■11.0 t P g • a) 0: El . o 0 --I - 0 1- , r-i • ' •-d .40 6 6 :!* PUBLIC NOTICE .,0 —Alaska Department of Environmental Conservation -ADEC has received. application for a Solid Waste Management Permit, • under - Alaska Statutes 46.03. r Applicant: Brechan ' Enterprises, Inc.. • *Activity: The disposal of primarily ! inert ' ; demolition debris intoan existing gravel pit.. Waite'. is to be . disposed above -`. the •seasonal . high groundwater mark and a final cap of at least two feet of clean fill is to be placed over the fill. -Asbestos contaminated ash is to be buried in place. Location: Kodiak ; -Island, Bell's Flat: Area, Block 3 of ' ! Tract A ; ! Permit ' Application: .8621- BA019 ! - • Comments regarding, this application may be sent to ADEC, 437 E Street, Suite 200, Anchorage, • Alaska 99501, within 30 days of , the second publication of this notice. A copy of the application may be reviewed at the above address. Dated, Anchorage, Alaska on Jan. 14, 1987 . Bill H. Lamoreaux Regional Supervisor Publish: Jan. 20 and 21,1987 It has been! prepared for you, fold & cut on the lines, affix a 220 stamp, staple shut & mail. 0 4-, 0 Pi 4-, a) • • Pi 0 d lay • N !Ica E-4 td ILO (c) .P • L Id H (') • " rd -.4 r—I 0 -P , cH 0 \ a) -! co-4 o -p P a) 0 +3 CH 0 CY \ „ 1—• Q) 0 '0 -p 0 1 rx4 ; cti rl ca a) r!-1 !,1-3 • i • • ; i 11 10; 11 • ; 1 I !, I .! t Mr. Bill Lamoreaux Alaska Dept. of Environmental Conservation 437 "E" St. Suite 200 Anchorage, Ak. 99501 .M 144‘)A. tibli: ti�e " 'leK, Ii0.Ka an1 Q f.',03i 2311611:, a }a�L eQ l, r. In11ci Rgetd, < 1 t I c subiG O e pifitl,�Edu .Kd6�t��'i301� �n is 1�1` �iirtee'n ��, � �i � �wlling ``'^ ' ctien 4 5 I f J e N �1 Y �, t )�• j l,the a ;' l f }}pp pgg gg ., • attry :if6 ill�i'� 1l�'�J - �ti i �.�.1 i 'Y.�:.�1'ti� '�1 .1 id .1, . , ..4 '� i d1 rc f:,,,! .Ti Ic 1r tx n+Fg► ,ta l f rmaht th b ddi ► ' p.s.. o. �t t ��; •��� ••� �� . 1 , x� tlfi� hall •be �# ;nitk iii'. ; ask$.•:;,; : : ' ?requlrt s- l the %`�•Pp rst? t• !l j '., � •�� Y i,. �invithdraw�l .y'tb��Ffi,�►'�>`��'>s'i���4'of �:; ' ' Request 'for '' Contract : ext -ent feasible .(1) preference . thirty '(30) days subsequent to )ocuments: s , , mtist . • : `ry be.',- . and opportunities for training the opening of bids •- without: .ccotpaiiied_` by.:a.., sli ck''; or and employment shall be given the consent of the Kodiak honey i order in,, the am•otint` of : t to;Indians, and (2) preferences Island Housing in the award' of contracts and g' 50.00' ` (refundable): Make '`; ; 12. The maximum total basic .! heck'payable to Kodiak Island; subcontracts shall be given to Contract Price ',that has bean <' -,. lousing Authority. ' • : 4 Indian,: organizations and determined to be reasonable for ' ' 1 If requested, ;. ; , Contract ; Indian -awned economic . this project is $1,433,000.00. ' )ocuments will be mailed enterprises.; t :; . Marlin Knight, Executi Priority Mail) upon receipt 'of '1 ' b. . The • parties =of this deposit: of :$15.00 ,(non-, Contract Shall comply with efundable) for postage , and , provisions of said Section •7(b) andling. Make check payable and all HUD requirements a Design Lab Inc. pursuant thereto. : ' Documents remain :..'the F. The Contractor shall; in roperty of the Kodiak Island connection with this : Contract, • lousing Authority and must be to the greatest extent feasible, >• :qe,g m 7t) i.!'' 11. ,• o • b Director Kodiak1sland Housing` .Authority. Publisht Jan. 15, 16, 20 & 21,, 987 eturned by prepaid postage or give preference in the award - 018 - T • . PUBLIC NOTICE 1 person.. . refund of the 3 of any .subcontracts to Indian Alaska Department of •. < -1 . . eposit will be made on 1 organizations and ., Indian - 'r, Environrnentai Conservation 1 locuments which are returned . r owned • economic enterprise, : ADEC - . has received ari 1 acceptable condition, E and opportunities for training . application for a Solid Waste INCLUDING .ADDENDA, # and employment to Indians, Management , Permit, : under• without notes; marks; - or ` • d. The Contractor shall Alaska Statutes 46.03.. :; ,. mutilations, within 15 calendar . include this Section 7(b).elause ; Applicant;.. ; : . ' Brechan. days after the Bid Opening.: in every • subcontract in _Enterprises, Inc :. • - ' . 4. For, the convenience and', connection With • , the project,- . Activity: , , The' disposal . of review of the Bidders, complete:. and shall, at the direction of the. • primarily • inert demolition sets of Contract Documents will`, ' IHA, take appropriate action debris into an existing gravel . • , be on filer at the following:. pursuant to the subcontract. pit. Waste is to be disposed locations: , upon a finding by the IHA or . above . the , seasonal. :high . AN H , . groundwater mark and a final C ORAGE AI ASKA' HUD that the subcontractor is Associated General Contractors; in violation of the Section 7(b) cap of at least two feet of clean (907) 561 -5354, = Construction' s,. Bidders shall include a , fill is to be placed over the fill. Plan Bureau/Alaska . Building :. Asbestos contaminated ash is to Exchange, (907) 561 -4465 or statement in the Bid describing, be buried in place. 1 ' ' 243 -7465, The . Plans . Room! 1 how they intend to implement Location:. Kodiak 1 Island, (907) 563 -2029 ; • • ." the Section 7(b) provisions. Bell's Flat Area, Block ' 3 of FAIRBANKS, • , r.k ALASKA.' : ; 9. Indian -owned , firms or, Tract . ... . Associated General Contractors, enterprises will . be given ' Permit : Application: k 8621- (907) . 452 -1809, Construction ' preference in the award of this BA019 , Plan Bureau/Alaska Building Contract. The preference will Comments regarding . this Exchange (907) 452 -2372 - ' be . a 4% bid .. differential application may be sent to SEATTLE, WASHINGTON between the lovyest responsible ADEC, 437 E Street, Suite 200, Associated General Contractors bid received and ' the lowest Anchorage, - Alaska 99501, (206) 284 -0061 Construction . Indian bid. However, the within 30 days of the second Data , Plan Center (206) 223- Indian bid must still be less . publication , of this notice. A 0320 ; Dodge Scan (206) 284- , than or equal to the total basic :' copy of the application may be 3811, . Northwest Plan Center • contract price that has been reviewed at the above address. - (206) 622 -7053. i ; • ' • determined to be reasonable ' ' Dated, Anchorage, Alaska on, - PORTLAND, OREGON ' for the projects as set forth in . Jan• 14,1987 ` Builders Eikchan Cods erati d' i 11 item 12.'' fro,' quality 1 as : an Bill Ira ea M . 1 - ' Y �' '.' Duna� riwne ri me rise,: t !;,• n4' ', r (503) 234 -0281, oath! west Pl, :, r ,Ig , e. to ' na1 Supervisor r�,.l$ ddett.! u 'tl`submi h Center i' (503 X2 2 40 0 ��wit l;the.rl, ;,t, Ptibiis ,Jan 20 and • fj� 4.1.:907 doiistruction Ija ' ,Pilaiii' Ceiitg1`..'Bit ldcocumentation aS.rentiirednic.'c'I r` �itie ,..1i7 iJI to . I1 - , , e 11 • _ .I f � - amd,:rr. - .. , I l 11 1114 1: , ,t>!t .i not lfiitnited i to p ' iT' i �!•4 ^ "r,'f ,„ - ,:, 24 05.204 (a ' (3) ' • 1` -$b0 -222 -4623 ` 1 `l; j. .io' ,i. -0 r Mr. Henry Friedman A.D.E.C. 43i "E" Street Anchorage,': Alaska 99501 RE : CASE' 86-084. ! Brechan Dear Mr. Friedman Kodiak IslandBorough En 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 December 30, 1986 erprises, Inc. Conditional Use Perm t request. At their regular meeting on December 17, 1986, the Kodiak Island Borough Planning and Zoning Commission tabled the Brechan Enterprises, Inc. conditional use permit application for a landfill site on Block 3, Tract A, Bells Flats Alaska Subdivision until such time as A.D.E.C. reaches a decision on the waste disposal permitapplication for solid waste management activities submitted to A.D.E:c. on October 27, 1986. The Commission also directed staff to contact you to inquire whether an A.D.E.C. representative could attend a Commission work session. Specifically, the Commission is interested in the process and procedures utilized by A.D.E.C. in reviewing waste disposal permit applications, how "clean" fill is defined, and how the fillirig,activities will be monitored for compliance with A.D.E.C. regulations. If you would like to discuss possible time frames for such a meeting please contact me at 486-5736. .I Thank you for your cooperation. Sincerely,. COMM TY D : L'MENT DEPARTMENT obert H. Pederson,'Associat cc: Planner Case File Planning and Zoning Commission Brechan Enterprises, Ina. Arnie Shryock,'A.D.E.C.j Kodiak php:ck Brechan Enterprises, Inc. 2705 Mill. Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD. KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 December 18, 1986 RE: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial ZoningDistrict. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Gentlemen: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 17, 1986, tabled your request for the conditional use permit cited above until a decision from the Alaska Department of Environmental Conservation is received regarding the waste disposal permit application. If you have any questions about the action of the Commission, please contact me. Since ly, Ro ert H. Pederson, Associate Planner Community Development Department cc: Case File COMMISSIONER KNUDSEN MOVED TO GRANT A request for an exception from Section 17.19.020 of the Borough Code to permit outdoor storage on a lot in the R2 -- Two — Family Residential Zoning District, subject to the following four (4) conditions of approval and to adopt the findings contained in the staff report dated November 6, 1986, as findings of fact for this case. Tract C -1, U.S. Survey 1682. CONDITIONS OF APPROVAL 1. All outdoor storage must be removed from the property by April 17, 1988. 2. The outdoor storage shall be confined to the areas shown on the site plan. 3. A view obscuring fence or other visual barrier approved by the Planning and Zoning Commission shall be placed along the front property line (Rezanof Drive) and along 240 feet of the side property line (Puffin Drive) measured from the front property line. 4. No hazardous materials may be stored on the property. The motion was seconded. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following condition: A natural vegetative barrier, 50 feet in width, will be retained along the common boundary of Woodland Acres Fifth Addition for the life of the exception. The amendment was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED FAILED by majority roll call vote. Commissioners Rennell, Knudsen, Knight and Smedley voted "no." A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO TABLE THE VARIANCE REQUEST until the disposition of the exception request was known. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "no." The Commission deferred findings of fact until the end of the regular meeting. CASE 86 -084. -Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) BOB PEDERSON indicated 34 public hearing notices were mailed for this case and 5 were returned, 4 opposing this request and 1 requesting the case be tabled. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: JEFF THRASHER, Chairman of the Womens Bay Community Council, appeared before the Commission and requested this case be tabled until more information was obtained pertaining to the request and time to study the effects of granting such a request could be determined. A discussion ensued amongst the Commissioners and Mr. Thrasher. GLENN MATHES appeared before the Commission and expressed opposition to this request. P & Z MINUTES 6 -DECEMBER 17 , 1986 A discussion ensued amongst the Commissioners and Mr. Mathes. DALE RICE appeared before the Commission and expressed support for cleaning up the existing debris on the site. ROYAL LARGE appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Large. MIKE BRECHAN appeared before the Commission and expressed support for this request along with an explanation of the history of the site. A discussion ensued amongst the Commissioners and Mr. Brechan. SHERRY DOYLE appeared before the Commission and expressed opposition to this request. JACK DOYLE appeared before the Commission and expressed opposition to this request. Mr. Doyle submitted a petition containing seventy —five (75) signatures opposing this request. RICHARD MADSEN appeared before the Commission and addressed what sort of permit to grant. Mr. Madsen suggested conditions that would prohibit incineration; require clean fill only, define a list of materials that would be considered clean fill; and setup of timeframes for backfilling. Mr. Madsen indicated he was in favor of tabling this item until ADEC's recommendations were known. A discussion ensued amongst the Commissioners and Mr. Madsen. BOB HALES, Production Manager for Brechan Enterprises in Womens Bay, appeared before the Commission and detailed the events that occurred in Womens Bay this past summer and the steps Brechan Enterprises took to comply with ADEC's instructions. JOEL WATTUM, a Monashka Bay resident, appeared before the Commission and expressed concern with ADEC's ability to effectively regulate requests such as this. SCOTT ARNDT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO TABLE a request for a conditional use permit to permit a dump or landfill site containing debris from demolished buildings to locate in an I -- Industrial Zoning District on Block 3, Tract A, Bells Flats Alaska Subdivision, until a report or response is received from the Alaska Department of Environmental Conservation. The motion was seconded and CARRIED by majority roll call vote. Commissioner Knudsen voted "no." COMMISSIONER HEINRICHS stated that his intention was to reschedule this case for another public hearing at such time as ADEC's response was available. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 10:14 p.m. D) CASE 86 -085. Request for a variance from Section 17.17.040 (Area Requirements) of the Borough Code to permit the creation of a lot containing 14,551 square feet, that does not meet the minimum area requirement of 20,000 square feet, in the RR1- -Rural Residential One Zoning District. Lot 9, U.S. Survey 3103; 3300 Peninsula Road. (Alex Oskolkoff) P & Z MINUTES 7 DECEMBER 17, 1986 r /,44v24 /a /17 /8(c a_01 __ - -- - -,.vim ` __!`_ _ O c Y ```_ (r\- OW/ VI J' ry av'r"i /' i I�. 1\1 / / G .S.E owl _ __ _ S E L e.; _.____V En_ ..Ttw{_ _.... -PL .Fay Y J Ai . 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"." KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT. 7.10 Mill Bay Road Kodiak, Alaska 99615 4V1.2/8'. 444 iez-',9 ITEM VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, beCiaMbiat.17,, 1986. The.meeting-. will begin at 7:30 p.m. in the Borough Assembly Chambers,:710 Mill ta'ir load, ;Kodiak, Alaska, before the Kodiak Island Borough Planning.and Zoning Commission, to hear comments, if any, on the following 'request: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24020(Conditional_Uses) of the Borough Code_topermit_a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block '3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) i oa .0Cciiity4letaifr- .,„ Ike i - b If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because, you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: lr e4/7 Alet- t Your property description: . Comments: 1 e _7(3e.51 /If) GcLse rea.....5 e 0 e oT n1 N.. f3 roper //e k/ r/ 5 k 0 P me „id y V 110 4110 ‘1 .c)-.F 77-d: /7 Ji .- . ,_ , ID 0 Aor„-4- E. ,1,04 4.- s xylo \4e_ 7 ---t- 5‘..% \ c \-Ee.reZ 1-4a" Mailing Address: I,,( IL 1? .g-cie -Rei/s 7,4 EU r rl Iwo citott ebrk,A. act fie/urAy ITEM VI-C WOMENS BAY COMMUNITY P.O. BOX 240, KODIAK, ALASKA 99615 (907) 487-4312 December.-.17,1986 To: Kodiak Island Borough Planning & Zoning Subject: Brechan, Inc. conditional use permit Case # 86-084 HIECEIVCD DEC:1 7 19 • COMMUNITY DEVELOPMENT DEPT. The Womens Bay Community Council at their regular meeting of December 12, 1986 discussed Brechan, Inc. 's application for a conditional use permit to-allow them to use part of their property as a construction waste dump. Several members of the community were present and voiced their opinion on the matter. The main concern the people at-the meeting had was about the burning of construction waste. The council had some questions in addition to the burning that were not addressed in the petition or the staff report. Nothing was mentioned about the increased wear and tear on our roads or who would be responsible for any repairs necessary caused by the increased traffic. The council would also like to know what times the hauling of any waste material will be done. It would be disturbing'to the neighborhood if heavy equipment were operating at all hours of the day and weekends. Will the waste be hauled by Brechan employees and will an employee be on site to inspect, all construction waste dumped at the proposed site to ensure that there will not be a repeat of this summers' fiasco? The Womens Bay Community Council would like to recommend that Brechan's petition be tabled until it can be determined how the rest of the community feels about the dump. Sincerely, Thrasher, Ch irman • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -C PUBLIC HEARING NOTICE A public hearing.will be held on Wednesday,_Den#M Thereting_ will begin at 7:30 p.m.. in the Borough Assemblii Chambers, :710 gill iny_Road, Kodiak,. Alaska-, before the Kodiak Island BotPugh PlanningTand Zoning Commission,-to hear commerqs, if any, on the following request: CASE 86-084. Request for a conditional use permit in accordance with Sectiun 17.24.020 (ConditionalUses).of the Borougkcode.tp permit a dump pr._ ---iandff1I-gite-Whith-1-411E-bohtein deris—froM7deMollahedfiiiiidings to locate in an Industrial Zoning District. Block /3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (BrechanEnterprises, Inc.) " rt IECIELIVIED DEC 1 ? 1986 common DEVELOPMENT DEPT. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community DevelopMent Department prior to the meeting. You are being notified because you are a property owner in the area of the. request. If you have any questions about the request; please call us at 486-5736, extension 255. Your Name :C/4/' 6911-50./t) Mailing Address: 6°T =3-.)-- Your property description: 407c e--fg c/7.(frur44 Comments: ce /6t4.ev c-ep Tc/2_12,s2.- a2-ecce ce,v HECEIVhD DEC 17 COMMUNITY OEVELOPMENTDEPT. Q DEAES lbiliati —b i;f.134611VIA ! .' jtIgti EIAW KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, _DeC;egiber..17,,. 1986. The..teeting will begin at 7:30 p.m. in the' Borough Assemb."y Chambers,.7410 Mill iay._Road, Kodiak, Alaska, before the Kodiak 'Island Borough- Planning and Zoning Commission, to hear.comments, if any, on the following request: CASE 86 -084. Request for a conditional use permit in accordance with -7Section- 17:24.020_(Conditional Uses) of. the-Borough_Cade to permit a dump or__ landfill site whichbad cones debris from demolished buildings '4'q located in an Industrial Zoning District. Block '3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry'Drive. (Brechan Enterprises, Inc.) MECEIV D EEC 1(5 1986 COMMUNITY DEVELOPMENTDEPT. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request; please call us at 486 -5736, extension 255. You_ Na c : _Roy_ 8.. fd * t7SOh - rtiailing 'Address-: = P.0.84X- Your property description: Lolr /f, BLk 7 Bells ,C /q /1 i9x144. y r. �eJ �LL11 4 j L tkr Comments: .� �d T7�G' Q .,2 Re: P&Z Item VI-C case 86-084 KODIAK ISLAND BOROUGH Community Development Dept. Kodiak, Alaska 99615 Dear Sir and/ or Madam: k/ 1 P.O. Box 2628 • Kodiak, Alaska 99615 • December 15, 1986 5I-ECEirde2 DE,C i:936 COM:NW VEVELIKEZITETT. • As a property owner in Belle. Flats ,SubdiviSion,-whoSe property. is located in the area of the request,'I strongly object to the existence and operation (without a permit) of a dump site in Block 3 tract A, Bells Flats Alaska Subd., owned by-Bredhan Enterprises, Inc. I am dismayed by Brechan Enterprises" obvious disregard'for the Borough Code concerning conditional use permits and by their impudence in 'finally requesting a permit only after the DEC stopped the operation eight months after dumping began in April 1986. I think that they were extremely fortunate to have:,.been.granted the privilege of a public hearingon this,matter at all. . . . • From my point of view, Block, 3Tract A is the worst Possible ,location for a dump-site or-any otherAind of industrial use for that matter, since it is situated right at the=entrance to and bounded byallthe roads accessing the-residential areas. The heavy truck traffic inthe- area as well as the noise,. smoke, dust and the constant use of loud- speakers associated with the asphalt plant are certainly annoying enough to the area residents without the unwelcome addition of a dump as a further source of irritation and pollution: 'I. have been a resident of Bells Flats since the property was auctioned in.1972. Since then there have been many.changes, mostly negative, due in part tothe-inItial poor -_planningand zoning_an4-the.subsequent__ _ decisions affectingthe area by former Borough officials. Sometimes) it even seems as though Brechan Enterprises periodically makes a calculated_effort to antagonize the increasing number of residents in Bells Flats.instead of trying to coexist; and the establishment of a dump site without a permit in Block 3 TractA is just another example of that policy. I keep thinking,- that as time passes and residential development increases in Bells-Flats, the offensive uses of Mock 3 • tractAwill be discontinued and the associated antagonisms will fade away; instead the:situation only seems to get worse. Aside from the possible environmental hazards,etc., the continued existence of this dump site will no doubt adversly affect the value of the residential properties in Bells Flats, especially those in the immediate vicinity. • In the long run, Borough tax revenues will decrease as future property assessments will have,to be re-evaluated to realistically reflect any decline in resale values. I hope you will agree that such a: scenario would be detrimental both to the property owners in Bells Flats and to the Kodiak Island Borough, and as such it is certainly not in the best interests of the Bells Flats community • or the Kodiak Island Borough to have a dump site located in Block3 Tract A, Bells Flats Alaska Subdivision. Therefore I earnestly hope that the Kodiak Island Borough Planning and Zoning Commission and the Kodiak Island Borough Assembly will deny Brechan Enterprises' request-for a dumping permit and order them to clean up the mess they've created on Block 3 Tract A,as soon as possible and transport the debris to a more suitable site, such as vacant land on the USCG base where . most of the material originated. I think it's outrageous that the Coast Guard base should be cleaned up at the taxpayer's expense, only • to have the debris dumped in our "front yard". • _ •Sincerely yours, - 'Roy B. Johnson Enclosure: Reprint of Ahchorage Daily News article concerning .a. very similar dumping violation in the Anchorage area. PS--While I'm on the subject of dumping, as a concerned citizen, I would like to know if Brechan Enterprises has a permit or is re- quired to have a permit to dump fill containing trash and con- struction debris into Womens Bay at the Lash Terminal site between the Coast Guard Base and Shannon Point, and whether dumping of this material, which may contain hazardoussubStances or potential contaminants, into the ocean is in violation of federal or state laws. Thank you. clean jp:trash By HAL BERNTON Daily News business reporter The Alaska Railroad has run afoul of state environ- mental officials by dumping 44 carloads of wood, metal, concrete and other debris along an isolated stretch of track near Portage. Railroad officials wanted to burn the debris, then cover what- remained --and _use it toy shore up the rail ° bed.. But they never cleared the plan with state Department of En- vironmental Conservation of- ficials before dumping it last week. Bill Lamoreaux, a DEC of- ficial, said the railroad vio- lated state regulations that Department of Environmental Conservation photo Crews will b_ e::busy In coming weeks removing debris.that was dumped by the railroad near-Portegelast week: require solid wastes to be either buried in land fills or separated and ignited in 'con- trolled burns. The debris the remains of three demol- ished buildings — was mostly wood, but included- asphalt, rubber, pipe, sheet metal and 55- gallon cans filled with ` concrete, he said. -At a Thursday meeting with DEC officials, the rail- See Back Page, NO DUMPING rl4seanwhi2 • iO' DUMPING: Railroad to pick l up trash it dumped Vast week 'Continued from Page A -1 )ad agreed to pick up the ter and haul it -back to nchorage, a, job ` that will :ke several weeks and -cost (ousands of dollars. "They feel it would be an wironmental problem and ant us to take it elsewhere o;.be -burned or buried," said arry Wood, a railroad attor- ey. The debris was dumped tong an -800 -foot stretch of :eep- sloped hill about 10 mi :s south of Portage. The first )0 feet of the hill is railroad .ght away. At the bottom of ie_ hill is a boggy area of 'iki ing streams and beaver ems that lies within the hugach National Forest, La- moreaux said. terials, hired a contractor. to � ` ` shoulder, he said. The DEC discovered the . demolish them, Weeks said But under orders from the dumping effort as.- cars were Then the problem was what ....'DEC, the railroad now plans loaded in the rail yard to do with the remains. to use a crane to pick up the for a third .trip to the hill. , Hauling the debris to ; the ' debris,, 'a task that Weeks':` "One of our offices overlooks landfill would have cost, estimates will take several the rail' yard ...; We said thousand of dollars and used weeks. "It's going to be hard 'what's happening with those trucks, rather than the rail- to pull the stuff up again," rail cars full of junk, "' La- road's trains. Also, the debris he said. "It's not going to be moreaux said wouldn't be welcome because a high production ,opera - s° DEC officials called the the landfill is short of space, tion. ". railroad, and after learning Weeks, said. _ of the disposal site, told the "The railroad-is not geared railroad to hold. off on any- up for hauling things on the more shipments. After in- highway. We want things to specting the site, they asked • go on the iron rails," Weeks for a clean-up. said. "Our ability is to hen - Francis Weeks, the rail- dle things by rail. It wasn't a road's chief engineer, said crazy plan at all ... We were the debris was the remains of going to dump it, then burn „three old railroad buildings. : it and cover the ukburnables ASWo one .wanted, to buy the (with gravel)," The gravel buildings, so the railroad, of -. and -debris would have ter removing hazardous ma- strengthened, rail ..bed ec2 ! ° .Z. � E L i d -itrt7.e C 4 f rif !'2 c � 4• fi v7 t��tJb L,11 �n uua ai➢d iP 7�1 -,BaPd�.al4 ".6, /c�i, ,he rest of :the debris sits in two huge piles the railroad's Anchorage yard. That debris will be hauled to the municipal land fill, Weeks said. Lamoreaux doesn't expect the railroad's dumping will result in any fines. �Ye fig- ures the cost of clearuing up the mess will be enough pun- ishment. �o. �v-� -el � � co-lard? �k� / tie d/f4S,�f`9 al�w�a Gte4t -? 9 y rMl� 61104 C,�'gl {Pis 6,641 al Iso iaie4l Sir -etch of �.frac Coo s><r J 17� ec z_. B f- ec�,an e t l? 9i:re. el-04A , . -h$lr 117 efs Gv�! �'�hT l '7 7 .. �l /i'• J- • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 7.10 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -C PUBLIC HEARING NOTICE - A public hearing will be held on yednesday,_Decikker.,17,,,1886., jhe.Ieeting-, will begin at 7:30 p.m. in the Borough Assembly Chambers, :710 iky,Road, Kodiak, Alaska, before the Kodiak Island Borough Planning'and Zoning Commission, to hear comments, if any, on the following 'request: CASE 86-084. Request for a conditional use permit in accordanre with --Section-17.24.020 -(Cond4tional Uses) of the Borough-Code to permit-a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block '3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) NECEIV*0 DEC 19b6 COMMUNITY DEYELOPMMO If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: ,i/n7 Mailing Address: //91// 4/V4 A/v) e_ Your property desc iptiont •</A- / iti/Or Comments: 4C ae>62M-// /e,fted ;' ,14/)f4 f 14 /IAA ITEM VI -C From: Andrea Olsen - SR 7980 Kodiak, Ak. Property. description: Block-5 Lot D -2 Re: Case 86 -084 Block 3 tract :A, Bells. Flats Brechan Enterprises, Inc.' • I . am...aga.i.nst perm,a_n - Lrechan ,Enter-pr;ses _from using their industrial land as a landfill site for debris from demolished buildings. or any other type" of debris, My 0E 6 19&5 feelings concern the obvious aesthetic damage that will be done to our neighborhood and also the potential health problems that a landfill, may present. Any burning that may be done.at this proposed land- fill will affect our home as we are located directly behind Brechan's land. Burning of old building material can cause the release of toxic fumes in to the air as well as noxious smoke. This type of air pollution can create a health hazard to mfr family and our neighbors. - - Deb.; that- .inadv- ertentl r -or purposefuIl: ends-up in -- the lake that Brechan has created on his land may cause the water to become polluted. Water from this lake may then seep in to neighboring wells. Even those of us on the hill above Brechan may be effected by this possible water pollution due to the fact that many of our wells average. over 160 feet deep, well below the level of the Brechan lake. - I hope that those of youz on .the Planning and Zoning • 4 Commi-Ssion will take into consideration that even though Brechan' s land is'zoned 'industrial it-is. surrounded primarily- by a residential community. The residents of our neighborhood have lived side by side With the Brechan Plant for years-,, most of us with a minimum of complaints, but when it comes to a health hazard I believe it is up to you to side with the interests of our community. Thank you for giving me this opnor- tunity to express my views on this important topic. Sincerely, • for; cU ,4' to,/17g-Q' � �/ %�� Lam% / / � /5 _30 _Dzy72 V c/� /I%ait - orJGc.ia-FAcr(`c l _. A- 510 S /wl l/t4 z A6' (-45 5 /s(„ tarTZ-( ,Ai'",( F4, -0(),' 41.46472y 7t44- Sri ,_,;. cvc��r� � � _ cis.__ ? ' t7t/b(e- .8.Y7 / (Az 01-: ic / JC C0 P2 e.)44 - 4 Rttg"),, gyAee . eQ/ / 6 .44J ,e wA a;rr. • 110VIJIP """ NW. Kodiak Island Borough MEMORANDUM DATE: November 9, 1986 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 17,1986 Regular Meeting ITEM VI-C RE: CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District, Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Thirty-four public hearing notices were mailed on December 4, 1986. 1. Applicant: Brechan Enterprises, Inc. 2. Land Owner: Same. 3. Request: For a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. 4. Purpose: To permit a portion of the block to be used as a disposal site for construction materials. Materials will consist of metal, concrete and other debris from demolished buildings. There will be no asbestos or hazardous materials placed in the disposal site. 5. Existing Zoning: I--Industrial 6. Zoning History: The 1968 Comprehensive Plan did not include the Womens Bay area. Zoned Industrial by Ordinance 69-30-0. A lease of the tract was the subject of a public hearing in 1980 (Case 0-79-036). This case file contains a development plan for the purchase of the tract. Pertinent sections are attached. The sale of the parcel was the subject of a lawsuit which was dismissed by the Court in 1981. Departmental files indicate no further activity. 7. Location: Physical: Legal: CASE 86-084 224 Salmonberry Drive Block 3, Tract A, Bells Flats Alaska Subdivision 1 DECEMBER 17, 1986 P&Z ITEM VI -C 8. Lot Size: 17.06 acres 9. Existing Land Use: Industrial 10. Surrounding Land Use and Zoning: North: Lots 4 and 5, Block 1, Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL-- Public Use Lands South: Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision Use: Slaughter house and warehouses Zoning: I -- Industrial East: Tract D of Tract A, Bells Flats Alaska Subdivision Use: Warehouse and storage Zoning: I-- Industrial East: Lot 4, Block 2, Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL -- Public Use Lands West: Lake Orbin and Tract E, Block 7 Bells Flats Alaska Subdivision Use: Vacant land Zoning: PL -- Public Use Lands 11. Comprehensive Plan: The 1968 Comprehensive Plan did not include future land use for Womens Bay. The 1982 Womens Bay Community Plan depicts this area for Industrial land uses. 12. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.24.020 Conditional Uses. The following uses may be permitted by obtaining a conditional use permit from the planning and zoning commission after proper notice and public hearing: E. Garbage disposal sites, dumps and sanitary landfills. COMMENTS: The purpose of this request is to PERMIT a portion of the block to be utilized as a waste disposal site. Primary materials involved are: construction wastes (sheetmetal, etc.) 80% demolition wastes (concrete, metal, etc.) 15% ash and incinerator residue 5% Approximately 5,000 cubic yards per year will be placed in the waste cells. No septic tank pumpings, sewage sludge, drilling muds, waste oil and oil spill cleanup wastes, garbage or hazardous wastes will be placed in the fill area. The location of the fill area or "waste cells" is shown on the attached site plan. Waste cells are proposed to be approximately three CASE 86 -084 2 DECEMBER 17, 1986 P &Z ITEM VI -C feet above the water table and have five feet minimum cover over the top of the cells. Concurrent with the conditional use permit request, the applicant has applied for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). Copies of pertinent application materials are attached. In order to grant a conditional use permit, the Commission must make the following findings: 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The block in question has been used for a variety of industrial activities since the 1960's and landfilling activities were included in the concept of the 1979 development plan for the property. Surrounding land uses include industrial activities, vacant publicly owned tracts and RR1- -Rural Residential One Zoning District lots to the northwest. Based on the I-- Industrial Zoning of the site, the proposed use should have relatively little additional impact on surrounding properties when compared to potential impacts that could result from permitted industrial land uses and activities. The existing industrial land uses will not be affected by the proposed use. Lastly, the proposed use is consistent with the Industrial Comprehensive Plan designation for this site. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the I-- Industrial Zoning District such as setbacks. Adherence to the performance standards (Section 17.24.060 of the Borough Code) for industrial uses can be assured through a condition of approval to the permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. As discussed in the comments section, no hazardous materials or wastes will be placed in the waste cells and the proposed use must receive approval for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). These requirements should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that by definition alone, industrial activities can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the site is a long established and utilized industrial area, the property is zoned I-- Industrial, the property is designated for Industrial land uses in the Comprehensive Plan for Womens Bay and the proposed use characteristics do not appear to be any more CASE 86 -084 3 DECEMBER 17, 1986 P &Z ITEM VI -C detrimental to public convenience and comfort than the existing activities on the site. In fact, a properly filled area could be more attractive than the existing area of scattered and open debris. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed solid waste fill area is not adjacent to any residential uses or zoning categories. There is sufficient lot area and setbacks to accommodate the proposed use in conjunction with existing activities. Additional safeguards are provided through ADEC regulations and the performance standards (Section 17.24.060 of the Borough Code) for industrial land uses. These safeguards should be sufficient for this case. RECOMMENDATION: Staff finds that this request does meet all the conditions necessary for a conditional use permit. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit a dump or landfill site containing debris from demolished buildings to locate in an I -- Industrial Zoning District on Block 3, Tract A, Bells Flats Alaska Subdivision, subject to the conditions of approval outlined in the staff report dated December 9, 1986, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Section 17.24.060 (A through G), performance standards for Industrial land uses, are incorporated as a condition of approval for this conditional use permit. CASE 86 -084 4 DECEMBER 17, 1986 P &Z CASE 86-084 BLOCK 3 TRACT A BELLS FLATS Brechan Enterprises, Inc. a ZONING KE) RESIDENTIAL RESIDENTIAL R-2. RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED .NTEk PRI LiL DEVE.I kiiRAC1 RE8PAN 41fkWitilq IWc. REIN-MIX CONCRETE bIL tiAthAttem ioorli Witt BRECHAN ENTERPRISES, INC./GENERAL CONTRAoTORS 2705 Mill' BaylI, Road • Kodiak, Alaska 99615 , 1. I 1 1 i October 27, 1986 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ATTN: Linda Freed SUBJECT: Conditional Use Permit Dear Ms. Freed: 1 ' : Attached herewith is an application for the Conditional Use Permit for Block 3 Tract A of the Bell's Flats, Alaska, subdivision where our present asphalt plant is located. Our intent is to continue a landfilling operation per our !previously accepted develoPment plan. However, since some of the debris we intend to :use'fOr fill- ing in this area contains metal and remnants of building and con- struction waste, we have been advised that it is probably necessary for us to have a disposable site permit from the Department of En- vironmental Conservation. Our intent with this application!is to obtain the Borough's permission for,conditional use so we'may con- tinue to dispose of small amounts of building debris including concrete and sheetmetal which are produced during the demolition of buildings. Although the two 'applications are related, vie have no intent in using this area for a sanitary or garbage*.type,landfill. For your information, I am also enclosing a complete copy Of our application to the Alaska Department of Environmental Conversation. I am sure we will be having meetings and hearings on this matter. Sincerely yours, BRECHAN ENTERPRISES, INC. ichael C. Brechan President MCB/ MC Encls. • BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS • 2705 Mill Bay Road, Kodiak, Alaska 99615 • • Ph. (907) 486-3215 • 'Telex 26-619 • FAX (907) 486-4889 • • Alaska Business License #001858 • Alaska Contractors License #AA441 1 We Are An Equal Opportunity Employer , ."• A 1 „ (9 .( , r ,• ,.''__,' - . ! ■ 1 : , : - , 'BRECHAN 1 ENTERPRISES, INC. GENERAL dON'tfi ACTORS 130X 1275 PHONE Min 406.3215 li 1 ! . • 1 KUOIAK, ALASKA 99615 1.; • &wind( Island borough . ; I KODIAK, :AtiVz(A I I ' i RECEiv ED 1 . i -11 , , . , 1 , t August 979 Nig' 3 : ! , 1979i - L,', . • Ara ; , . ! I I rn Kodiak Island Borough Assembly 'tritrh9P.thil,t2ii.1203iiht.ilti Box 1246. j 1 : Kodiak, Alaska ,99615 1 r , , 11 Subject:! Developmental Plan for Tract P-1 of Tract A Bells Flats Alaska Subdivision ; ■ Ladies and Gentlemen: 1 I • In accordance with our letter of 11 July 1979 we are transMi t' g our developmental plan for the purchase of the above Borough • Lands, anC as our lease is 'scheduled to expire on the '9th of • September 1979 we hereby request your immediate attention to the matter. . I .If we can be of any assistance Concerning the discussions . de this plan, please contact us at Your ,earliest cohvenience.', Sincerely yours, 1 I3RECIIAN ENTERPRISES, INC. Michael C. Brechan Vice President MCB:njm Enclosure 1 ! i. 13PECI7 IAN ENTERPRISES, INC /GENERAL 1 CONTRACTORS • !, aox 1215 PHUPIE (907) 456.3215 1 IKUUTAK, ALASKA 99615 •tndiuk Li luvd Iwruugl� XobIA1 ACA�CA ?ECEI' ED ! i NI A UG 3 1979 PM 7,8,1oin 1,121541`60 July 31, 1979 1. Kodiak Island Borough Assembly P.O. .Box 1246 Kodiak, Alaska 99615 Subject: Development Plan for the Purchase of Tract P-1 Tract A Dells Flats Alaska Subdivision IIISTORY 1 l3rechan Enterprises, Inc. began its operations on Tract P -lwith an application to the Bureau of Land Management in 1966 for materials lease. This evolved through the enactment of land transfers from the United States Government to the Boroughtof the Bells Flats Alaska Subdivision and the lease of Tract P-,1 to Brechan;Enturprises, Inc. on the 10th of September 1969.;; .The original lease required that our firm conform torecluirets concerning.slopes and set -backs f men rom property lines and the beautification of the area prior to the terrination of the; lease. Our feeling is that we have complied with the terms and intent of the lease. We.have increased the back- slopes to 11/2 to 1 for better utilization of the floor of the pit and are preparing to have Oese finished slopes seeded to avoid erosion.. If necessary we will comply with the requirenr_nts for 2 to 1 back - slopes. We have not at this time made any preparations to remove our equip- ment from the lease site, pending, the Borough's decision on.:the sale and /or re -lease of the:.property. At the original time; of lease the property was legally described using the centerline of the ex- isting road as the boun`iary and containing a 30' road 'right-Of-way easement. We feel it will be necessary to have the tract re- platted. .By removing the right -of -way; the area of the tract is, reduced from 20.284 acres to some 16.5± acres. The original lease :was renewed in September Of 1974 and is now slated to expire the 9th ofj .Sept- • ember 1919. i ' • • EXISTING; II•IPROVEM.ENTS Iii 1969 we 'installed our first asphalt plant and began paving operations for the City of Kodiak, the Kodiak Island Borough, and the State of Alaska. Since that time we have continually Up- graded our facility to meet market demand caused largely by the:State of Alaska's intention to pave roads and re -pave the Kodiak Airport. Aodiak Island Borough July 31„1979 ' Page Two I ' ' 1 1 Our current asphalt plant was purchased in 1977 at acost of $284,000:00, and we, also installed additional hot asphalt storage tanks and accessories atla cost of $280,000.00. During thAt time the Kodiak Electric AsSociation installed transformor banks and underground electrical :utilities to supply 'us with part. of.our power demand. The Clean Air Act and Department of Environmental Conservation requited that we expend approxiMately $i00,000.00 for a bag house t9 avoid the emission of dust.into the atmosphere. I , H I In 1975 we installed a caretakers trailer and have had a family living on the lease site since that time to avoid the problem of vandelism or theft at the plant site. We have also installed a semi-permanent set of truck scales which are the only commercial scales available on the island, a portable aggregate ,washing plant, and rock crushing facility to meet the needs of the community. 1 THE EXISTING BORROW SITE 1! Since the beginning of our operation in 1969, we have excavated app:oximately 140,000 cubic yards of material from the borrow site and have re-utilized the overburden and waste 'to build slopes and widen out the perimeter margin to create usable land on the tract. ' Our plan calls for the continuing excavation of gravel on the site yntil it is completely depleted. We have enclosed an 'artists conception of the future area at the completion of the borrow site operation which gives a perspective of the size of'the excavated area after the extraction ofIall usable gravel. , UTILIZATION OF LAND AND FUTURE DEVELOPMENT As the area is zoned for industrial reserve, we plan on continuing in the industrial classification by establishing an industrial staging and storage area primarily for equipment/and building .supplies around the perimeter of the borrow site. We ,feel this is ecomomically viable due to the fact that thre is a great lack of industrial zoned staging and storage are,ag—in the Kodiak area and its environs. 1 We p17-,n to keep our asphalt plant, asphalt storage facility, and caretakers trailer on the ground where they are presently located, and begin landfill operatIons to fill in and utilize, the floor of the borrow site for future development. I 1 I I Kodiak Island Borough July 31,1979 Page Three The time schedule for this Operation is as follows: • . • • 1... 1979 - Kodiak Island Bbrough Sells Tract P41 to , . Brechan Enterprises, Inc. • 2. 1979 - 1981 Finish excavation of existing gravel deposit. 1981 - 1982 Complete'backsIoping requirements,, seeding re- quirements, and regrade the usable pit floor. ' 4. 1982 -1990 Begin select backfill operations with clean fill on underwater'sections of the borrow site (es- timated quiiutity of material required 60,000 cubic yards). • ' * 5. 1990 - 2000 Possible construction of industrial warehousing complex and final landscaping to beautify the area and keep in in industrial status. :- 1 ECONOMICS OF SALE OF LAND ] I We feel that the Borough should be made aware of the cost involved in re-locating the existing facilities. Our estimated cost at present is'approximately $250,000.00 excluding the cost of land for a new site. We do not feel at this time there is sufficient market demand to off-set these.costs. In checking throughtprivate land available, we have not found a suitable site for:the re-location of our plant. We question whether it is wise to re-locate'at all. This decision must be made by the Kodiak Island Borough and;in doing so they have to consider the 'economic effect it would;havelen the community due to the high cost of re-location. We are aware that 'the Borough Assembly is under no obligation to sell this tract of land, however we feel it is in their best. interest to do so. It is possible that there has already been a precedent set .concerning the sale of adlease site to an individual and the Ordinances of the Borough clearly make it possible or this sale. I I • CONCLUSION ; • ; ; • : This development plan is designed to inform the Borough of our intention in the event that they sell the land to us, and to out- line its potential use in the community. We feel the plan as presented is within the realm of economic and realistic considera- tions for the area, and that we are the best qualified to reclaim this area to usable •taxable land for the Borough. It allows the •• Kodiak Island Borouyh July 31, 1979 Page Four; • • i • orderly development of the area, and is consistant with the existing zoning and utilization requirements. Therefore,iit is in the best interest of the Borough to sell Tract P-1 Lo Brechan Enterprises, Inc. We are willing to amend this proponed plan as may be required by the statutes or the wishes of the Borough Assembly. • Respectfully subrniLted: BRECHAN ENTERPRISES, INC. //- C. Brechan Vice President MCB:njm •• ; t '‘• „. J0,•• 0, ••„••,•,1- ±: '"''3.• • • • . XT.:, re, • - - • „." • • • * • • • ___,..47;) :- 17 ' - . . ••••• •-4 . - • .••••••• N . 4 TETJ• • . • • . •••:. c4-.••0;_;•• • r-1.?•=1. • Ls' h •_7-77.7•1" .; v ULTIMATE DEVELOPMENT - 1990 FOR BRECHAN ENTERPRISES I TRACT P-I, BELSFLAT SUBDVN.,KODIAK _ • RAW MATEQIo BBt MIIJgO LIJJTIL I986 = '' TOE OF+ BLOPE3..• ie kl ULflMAYm. 431.-aF . 13g E UIeP'1� sro! !; • PERMANENT FACIUTY . i --.:, 'BRECHAN ENTERORISES, INC./GENERAL CONTRACTORS COICRETE1 2705,Mill Bay Road 0 Kodiak, Alaska 99615 I October 27; 1986 State of Alaska Dept. of Environmental Conservation 437 "E" Street, Second Floor Anchorage, Alaska 99501 SUBJECT: Application for Waste Disposal Permit for Solid Waste Management Activities .= Narrative Description Part Two, Item C Gentlemen: Our firm has occupied and now owns Block 3 Tract A of the Bell's Flats subdivision, and as the attached history and documents imply, our plan has been to backfill this area with usable fill until we have com- pletely filled in the excavated area from our gravel operation. In our definition of usable fill, we also included ash and such metal debris as may come from the demolition of buildings and unhazardous metal debris as may be degenerated. Our intent is to leavei this debris above the water table and far enough below the surface so as to permit future construction in the filled in areas. Since the area is already fenced and essentially a controlled ground area,1 we do not feel any further actions are required to prevent the spread of liter, odor, noise or safety and nuisance problems. We have attached a typical cell construction diagram. Our intent is to comply with our original development plansIsubmitted to the Kodiak Island Borough in 1981. We therefore welcomeLany com- ments and the necessary permits required to continue along this pro- gram. We are more than willing to sit down and discuss this matter with you at your earliest convenience. Sincerely yours, BRECHAN ENTERPRISES, INC. ic ael C. Brechan President MCB/ mc Encl. • 0 BIVICPIAN EmTEFirrasIss.. !".C./GENT:PAL comrnAcTons e 2705 Mill Flay !load, Kodiak, Alaska 99615 • Ph. (901) 406-3215 no Telex 26-619 0 FAX (07) 406-4C89. • o Alaska Biness License 1t001858 0 Alaska Contractors License ItAA441 • Wn Aro An Egrog clprinrtunity Frnployer 1 cl 0-.\-v3C-r 1 sv/./c.--t---.:7 I NA Jrn 9 --ve,ri ce 11 s -::: vvi I ;J. b.�.'.._ dover-eci . Q err o I is -non p rvj e c.-f s -I- :.f he earnpIc.fion (2)-- once p -er Season ..::drai i _.- cio r o-f::pond :wo +er , 1 BIEC. :ENTF.pp fSES TYPICAL WASTE CELL NIa' :- o':Sca.l 2.7 Po- BG Pr: CB: • PRECP AN ENTERPRISES, INC. /GENERAL CONTRACTORS 2705 Mill Bay Road 0 Kodiak, Alaska 99615 October 27, 1986 Mr. Henry Friedman Dept. of Environmental Conservation 437 "E" Street Second Floor Anchorage, Alaska 99501 RE: Waste Disposal Permit, Block 3 Tract A, Bell's Flats Subdivision Dear Mr. Friedman: Thank you for taking the time to speak with me about our application for a waste disposal site on the 21st of October. I am enclosing the application which .I completed to the best of my knowledge de- tailing the history and future plans for this area. I am also en- closing a copy of the application for a conditional use permit re- quired by the Borough and have transmitted a copy of our applica- tion for the waste disposal site to them for their comments. This should accelerate their response on the mater. Sincerely yours, BRECHAN ENTERPRISES, INC. ,--".Michael C. Brechan President MCB/ me Encl. o BRECHAN E 1TERP^ISES,111C. /CENUTAL COMTnACTOnS • 2705 Mill Bay Road, Kodiak, Alaska 99615 • • Ph. (907 486 -3215 0 Telex 26 -619 0 FAX (907) 486 -4889 0 0 Alaska Business Liconsb 0001850 • Alaska Contractors License 0AA441 • We Are An l:rmrrl Opportunity Employer 1.t t. .1 main BREC Arkl ENTERPRISES, INC. GENERAL CIONTRACTORS BOX 1275 PHONE (907) 486-3215 October 27, 1986 KODIAK, ALASKA 99615 State of Alaska Dept. of Environmental Conservation 437 E Street, 2nd Floor Anchorage, Alaska List of Attached Documents: 1. Cover Letter. 2. List of Attached Documents. 3, Application. 4. Vicinity Map. 5. Legal Description Map. 6. Aerial Topographic Map. 7. KIB Development Plan 1979,with three drawings. 8. Narrative Description. 9. Field Log of Test Holes. 10. Typical Waste Cell. 11. Waste Cell Development Plan. 12. Kodiak Island Borough Conditional Use Application. We Are An Ei.:!;a1 Opportunity Employer I STATE OF ALASKA. DETAtc-01ENT OF ENVIRONMENTAL CONSERVATION WASTE DISPOSAL PERMIT APPLICATION FOR SOLID WASTE MANAGEMENT ACTIVITIES Part I. Background Information A. Applicant's Name: BRECHAN ENTERPRISES, INC. Mailing Address: , 2705 Mill Ba-y Road City/State/Zip Code: Kodiak, Alaska 99615 B. Facility Location: (Use legal descfiption of property)1Block 3 of Tract "A", Bell's Flats Alaska Subdivision C. Application is for: ( X) A New Facility x (X) An Unpermitted,'Existing Facility ( ) Renewal of Existing PermitiNo. ( ) Demolition Debris ExemptionL . Type of facility: Y ( X) Landfilling ( ) Hazardous WasteiProcessing ( ) Land Spreading ( ) Hazardous WastelDisposal ( ). Oily Waste Disposal ( ) Other E. Complete the following: 1. Number of people served by the facility. Ourselves 2. How much waste will be received? ( 6 cu. yds.) 5,000 CY RakfinklX) YEAR 3. Check the wastes received and estimate their percent of total wastes received. Yes No , 7,..of Total i 1 -Domestic Refuse ( ) .(.X ) % Commercial Refuse ( ) (x )' , % Seafood Processing Wastes ( ) (x ) % Industrial Wastes ( ) (x ) % .,. Construction Wastes (X ) ( ) i80 .Demolition Wastes (X ) . ( ) , 15 % Oily Wastes ' ( ) ( ') . % Ash and Incinerator Residue (x ) ec ) % , 4. Will the following wastes be accepted? Septic Tank Pumpings Sewage Sludge Drilling Muds Waste 01 and Oil Spill Cleanup Wastes Hazardous Wastes Yes 5. What predisposal processing methods will be employed?; (CX) Building Wastes Only ( ) ( ) ( ) 6. Incineration Baling ; Shredding ' Composting Other: The average annual precipitation in the area is 60. inches. FOR LANDFILLS ONLY 7. The deposited refuse will be consolidated, compacted and covered with soil at least times)per (week) (month) during the summer and at least times per (week) (month) during the winter. 8. The maximum width of the exposed working face will be ft. The maximum vertical height of the working face will be ft. PART II The applicant shall submit two copies of the following information with the completed, signed application form: A. Maps of the site and surrounding area that clearly show the following: (X ) Geographic Location (X ) Surface Contours X) Site Boundaries x ) Roads and Railroads (X ) Buildings (x ) Airports w/in 2 Miles (x ) All Surface Waters (x ) Wells w/in 1/4 Mile B. Facility plans or drawings showing: (a) the existing site conditions, (b) the proposed development steps, and (c) the proposed appearance of the completed site. The plans shall include contours of five foot intervals or less, and shall utilize a scale no less than one inch equals forty feet unless specifically approved by the depart- ment. These plans shall include, at.a minimum, the location and construction details of: Surface Drainage Controls Access and On-site Roads Disposal Trenches or Cells Fences and Gates Buildings & Fixed Equipment Soil Boring Locations Monitoring Well Construction Details Visual Screening Pollution Control or Monitoring Devices Significant Storage, Processing or Disposal Features C. A narrative description of the proposed development and operation procedures including those intended to prevent or control ground and surface pollution, disease vectors, •ildlife access, litter, fires, odor, noise, and safety and nuisance problems. • For all landfilling/landspreading facilities: A'soils report based on test holes dug at.representative locations to a depth at least four feet deeper than the lowest level of proposed ; solid waste deposition. The minimum number of holesobased on 'facility size shall be: . . less than 10,000 ft2 one hole 10,000 ft2 to one acre two holes - larger than oneacre two holes per acre 'These numbers can be greatly reduced in large sites if the results of initial borings indicate a uniform, predictable Soils/hydrology situation throughout the site. The.refort shall include: • 1. graphic representation of the soil profiles, 2. a discussion of the site's ground water hydrology based on the test holes and data from any wells in the nearby area. E. For ,all HAZARDOUS. WASTE PROCESSING AND DISPOSAL FACILITIES:: Detailed plans and specifications of the facility, the wastes to be accepted, methods and equipment for waste handling, treatment, storage and disposal,pollutioncontrols, safety equipment and precautions, and emergency operating plans. F. A letter from the local government certifying compliance with local ordinances, zoning requirements; And coastal zone manage- ment plans and regulations. If the applicant is not the owner of the property, include a written statement from the prope"rty owner detailing the arrangement giving the applicant ,control of the facility for the proposed activity. Michael C. Brechan , certify under penalty of perjury, that all of the above information and exhibits are true, correct and complete. Applicant's Signature * * * Date 10-20-86 *1 * * * * * .* Submit two copies of all application materials to the appropriate regional office indicated on the map on 13aye 4. PERMIT RENEWALS: A permittee that has a departmentally approved plan that meets the requirements specified in this application form may apply for a new permit by submitting a signed application form and a report of the changes and progress that has occurred during the preceding permit • period. . • Those facilities without a currently acceptable plan shall submit all the planning documents and data required by this application for departmental review and approval prior to receiving a new permit. j CASE 86 -084 BLOCK 3 TRACT A BELLS'FLATS Brechan Enterprises, Inc. KODidAk 'ISLAND BC.f�Q�:r,t t iU 0H L� FLATS 8± RUSSIAN ; CREEK SUS RESIDENTIAL R -I RESIDENTIAL R -2 RESIDENTIAL R -3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 December 5, 1986 RE: CASE 86 -084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Gentlemen: Please be advised that the above - referenced request has been scheduled for review and action by the Planning and Zoning Commission at their December 17, 1986 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, December 10, 1986, at 7:30 p.m. in the Borough conference room, the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If-you have any questions, please call the Community Development Department at 486 - 5736, extension 255. Sincerely, Patricia Miley, Se etary Community Development Department cc: Case File Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 DOYLE I P.O. BO KODIAK R9003050025 JOHN J & SHARI 233 AK 99615 -7■ diak Island Borough c--- • 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 5 HALL DOUGLAS P.O. BOX 1122 KODIAK R90030500 11 DEC -4'86 4:1 KODIAK:ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -C PUBLIC HEARING NOTICE • '"';;Z:v14:- • _ , • , A public hearing will be held on Wednesday„becv4er...170-1986.;:The_eeting_ will begin at 7:30 p.m. in the :Borough Ass7blY.Chambers4/q0 MI106y_ROad, Kodiak, Alaska, before the Kodiak Island Bonnugh'Plahning.and Zoning Commission, to hear comments, if any, on the follOwineikuest:,' CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris ffomdemolished•buildings to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) If you do not wish to testify verbally, you,may provide your-comments in the space below, or in a letter ta,the Community Development Department prior to the meeting. • • You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: Mailing'Address: Your property description: Comments: 002010010 � KD.D.LAK� LA.w.D8OR�3H ' KIB 12 2 710 MI BAY RD KO D , __.__AJ _9S 615 4 5 6 7 8 R9002010020 9 _(0E1 A SLAND_BOROU_GH ° KIB 1 710 BAY RD 2 —KO D 3 4 5 6 7 AK 99615 R9002010030 0_KOD, '— ISLAND BDR0UCH 19 KIB 20710" L BAY RD 21 KODIAK AK- 991h15 22 23 24' 25, 1 261 R9002010040 711(0D AND flOROIJGH 281KIB 1 29 710 h1 BAY RD 30 K.OD a AK_99 615 31 4 R9002010050 36_1( OD H. 37 KIB 38 710 'rI I3AY 39 KODI 40 41 42 43 44 45 46 47 48 49 50 A K 9_96_1_5 27! 28' 29 30 31 32 33 34 6 7 38 39 40 41 42 43 44 45 46 47 48 49 0 R9002002000 K O D LA cC_I_S.LAND_ROR.O.U:GN KIB 12 710 MILL BAY RD KOD._IAK_ AK-99_615 OD^IAK_ KIB 1 710 M O_DD1 R9002003000 N D__B R O11G H RD AK 99615 R9002004000 L:A. .G BiRU Y A L V P.O, BOX 2634 KODIAK AK 99615 KODI A' KIB 1 710 KODI I SLgV9 BAY RD R9002010060 IRO U G H AK 99615 4 O D IA 5 KIB 1 710 K OD_I 56 57 58 59 60 89002020010 S AND $O.4_DUGH BAY RD AK- 99_615 y O rs "r rc R900'cuc 0020_ A Mr n1117,1i • 2 5 6 8 10 11 12 13 14 15 16 KIB 12 F R STATION 710 MI ' AY RD K-ODI A R9002020030 -K0D -I AK -I S - D- OR011H KIB 12 710 MILL F= RD K OD I ABC A K 99-61-5 R9002020040 - KODAK -I - N - LBOROUGH KIB 12 710 MI . Y RD -K OD -I -A-K ' A K 99.6-1-5 R9002030010 BRRE CH A-N EN T E RP R T- S -E-S -I N C P.O. BOX 1275 KODIAK AK 99615 _ KODIAK I KIB 12 710 MIL _KOD_LA}L S R9002040010 BDRDU Gki AY.. RD AK_.9_9_6J S R900204-0020 KOD3AK._ IS. VD BOROUGH KIB 12 710 MILL �'C0D r AK AK_991�15 R9002040030 _1CODSAK LLV F 5 T OtK C.P JP P.O. BOX 273 KODIAK AK 99615 R9003040030 2 MEI QJt=- ALLEN_,_LORA M. P•0. BOX 3274 KODIAK AK 99615 6 2 58 59 60 R9003040041 L 0� S jJ LCliARD E,...2 A T P..O• BOX 8000. S /R KODIAK AK .9961.5 R9003040042 `DO Y L.,_E3 _10_U_G1.AS . A a N. c Y A 10911 KALSIN DRIVE KODIAK AK 99615 R9003040043 BURNS,JERRY S KATHLEEJ1 P.0. BOX 3102 KODIAK AK 9961.5 R9003040050 M ARK EYsDENLVLS & ;RIFLLE 3281 ANNELLA AVE FAIRBANKS AK 99709 R9003040051 S Cif A F�EAs�RJiUR_L�W P.O. BOX 2133 R9003050010 UNDERWOODBRAD: P.O. 30X 1099 KODIAK AK 99615 HAL LLD 0UGLAS P.O. BOX 1122 KODIAK R9003050011 AK .996 "15 NESS -9S- A•NL -€-Y ' P.O. BOX 1311 2 KODIAK s 6 7 9 2 3 4 5 6 7 8 56 57 58 59 60 0o 0012 AK 99615 R9003050013 R9003050023 HA- L-T- Ei -r0A I - N•A0 �I P.O• BOX 902 USCG KODIAK AK '99619 R9003050024 LS.EN,MARiU5 f. AN0RFA SR KOD.IAK AK 9961.5.,; 003050 89:025;::, DOY1 F T I T ,JOHN_.1 E SHAR7 P.O. BOX 1233 KODIAK AK 99615 HAINES,SHIRLEY J P.O. BOX 2252 KODIAK..;. R9003050026 AK 99615' R9003050030 CLAMIT INC S R 7990 KODIAK AK 99615 R9003050040 LA-n.2.2 I r nn� 6 49 50 51 52 53 54 55 56 57 58 59 6 STAR ROUTE 7946 KODIAK 99615 P.O. BOX 2366 KODIAK .AK 99b1D R9003050041 AS1LLL 04-ANN A _C OLSON,CRAIG P.O. BOX 32 . KODIAK AK-9961_5 R9003050042 I-N G TaV-E-N -IC -4-S -E .P.O.BOX 2617 KODIAK AK 99615 R9003051023 -W.IS HER t JA M ES i.- K-R.IS T LN F P.O. BOX 262 USCG KODIAK AK 99619 R9003051024 f. KATHRYN -MAD-SFN9RLCN.AR.D P.O. BOX 576 KODIAK AK 99615 R9003051025 -R..I ' • RD & K 4T HR_Y_N r.MADS_EN9 P.D. BOX 6 KODIAK AK 99615 R9003060030 ZAK9LYNN -WAJ P.O. BOX 281 KODIAK AK 99615 R9003060031 - LA_EflLL.ETJ E._G.ERA LD--E_N E P.O. BOX 2366 KODIAK .AK 99b1D 2 4 5 6 • 7 8 9 10 12 13 14 15 16 17 18 19 20 R9003070180 21 n' RR TFNa STFPHFN 22 WENTE4 JANET 23 SR 7010 " KODIAK AK 99615 R9003070160 , -JOH S1-14,aUY P.O. .BOX 2628 KODIAK AK 99615. - • R9003070-170 MATH ES 4 MA P .0. BOX 2015 KODIAK AK 99615 25 26 27 28 29 • R9003970181 , . RI C E i_ALELLIALkABELL14. P.O. BOX 135 KODIAK 30 31 32 33 34 35 36 37 AK 99615 38 R9003070190 39 MANOLOVI TZ4KENNETH THOMAS 0. .BOX .633 41 KODI AK AK 99615 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 KODIAK • IS KIB 12 710 MI LL B Y RD KODI AK R900300940I., A D' BOROUGH AK 99615 R9003009501 KODIAK I SL A N °ROUGH KI J2-.- 59710 KODIAK • iniprcx- Pc 1i< TippeTs R 900 aoo TA (.0c5 lite_v R. 500 aoil- oo tor 1P e--9oo bolt 063o cloo _ poS-1 R.900 3T 0010 Lot- P- /Do 30 Lo-t- BS 900 as- 900 3oi, oo31 • R ct0 0 7 oit,o • Too 507 000 CASE 86 -084 BLOCK 3 TRACT A BELLS FLATS R =1000' Brechan Enterprises, Inc. DR d . i .c, f r . ..........:::::::.::...•••••: BRECHAN ENTERPRISES INC. RE IX CONCRETE GENERAL CONTRACTOR KODIAK ALASX A BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS 2705 Mill Bay Road • Kodiak, Alaska 99615 October 27, 1986 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ATTN: Linda Freed SUBJECT: Conditional Use Permit Dear Ms. Freed: Attached herewith is an application for the Conditional Use Permit for Block 3 Tract A of the Bell's Flats, Alaska, subdivision where our present asphalt plant is located. Our intent is to continue a landfilling operation per our previously accepted development plan. However, since some of the debris we intend to use for fill- ing in this area contains metal and remnants of building and con- struction waste, we have been advised that it is probably necessary for us to have a disposable site permit from the Department of En- vironmental Conservation. Our intent with this application is to obtain the Borough's permission for conditional use so we may con- tinue to dispose of small amounts of building debris including concrete and sheetmetal which are produced during the demolition of buildings. Although the two applications are related, we have no intent in using this area for a sanitary or garbage4,..type,landfill. For your information, I am also enclosing a complete copy of our application to the Alaska Department of Environmental Conversation. I am sure we will be having meetings and hearings on this matter. Sincerely yours, BRECHAN ENTERPRISES, INC. _Agez_ ciiael C. Brechan President MCB/ mc Encls. • BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS • 2705 Mill Bay Road, Kodiak, Alaska 99615 • • Ph. (907) 486-3215 • Telex 26-619 • FAX (907) 486-4889 • • Alaska Business License #001858 • Alaska Contractors License #AA441 • We Are An Equal Opportunity Employer ;sui)i.ri 131.;,;,0 FARGUGH POST OFFICE 50X 1246 KODIAK, ALASKA 99615 Conditional Use Permit —r..... 1 ) Exception ....,r ■, ( ) Variance ( ) Zoning Change: From: To CODE SECTION INVOLVED: 17.34-020 • NOTE: The application fee for all items covered by this form is S50. Conditional Use Permits, Exceptions, and Variance Applications also require the submission of a site plan. APPLICANT: BRECHAN ENTERPRISES, INC. Name 2765 Mill Bay Road A86-5518 Home Tel 486-3215 Address Work Telephone Kodiak, Alaska 99615 City, State, Zip PROPERTY: 3 ,Tract A, Flats, Alaska Sub- division • Lot Block Subdivision Name 3539 .31 235 20W United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: Industrial PROPOSED USE OF PROPERTY: Landfill, Materials Disposal Site - • 1 have barn advised of the prr;cedur2s im:Ived with this request and have received a copy of the appropriate ras.u:azcns. an, es . :a • P er_y finer Oct. 27, 1986 Brechan Enterprise,s, Inc. Oct. 27, Date Application Accepted: 3Y: Date • ! ; BECFZAN ENTERPRISES, INC. GENERAL CONTRACTORS • ; ; ; ; • , BOX 1275 • PHONE (907) 466•3215 • • ' Kodiak Island Borough Assembly Box 1246 .Kodiak, Alaska ',99615 Subject:' Developmental Plan i. Bells Flats Alaska Ladies and Gentlemen: KODIAK, ALASKA 99615 6.0(i'lltic isiarid borough X0DIAK, ALAA RECEVIILO AuG, 3 V79 04 rut 'tiC190)11112,112114lti for Tract P-1 of Tract A, Subdivision In accordance with our letter of 11 July 1979 we are transmitting our developmental plan for the purchase of the above Borough Lands, and as our lease is scheduled to expire on the 9th of September'1979'we hereby request your immediate attention to the , . matter. If we can be of'any assistance concerning the discussions of this plan, please contact us at your earliest oohvenience. * I ' SincCrely yours, BRECHAN ENTERPRISES, INC. ' • chael C. Brechan Vice President 1 MCB:njm Enclosures 2' 2 • • • 1 , ' • • r ;; •,* 1 BRECHAN ENTERPRISES, INC. GENERAL CONTRACTORS BOX 1275 PHONE (907) 486-3215 ' • KOOIAK,ALASKA 99615 kland burvug11 KoDW, ALA:4KA . Kodiak Island Borough Assembly P.O..Box 1246 Kodiak, Alaska 99615 'RECEIVED ' AUG 31979 PIA 7;81900q1112111200.15Lti Subject: Development Plan for the Purchase of Tract P-1 of 'Tract A Bells Flats Alaska Subdivision •• i HISTORY Brechan Enterprises, Inc. began its operations on Tract P-1 with an application to the Bureau of Land Management in 1966 for a materials lease. This evolved through the enactment of land transfers from the United States Government to the Borough of the Bells Flats Alaska Subdivision and the lease of Tract P-1 to Brechan'Enterprises, Inc. on the 10th of September 1969. The original lease required that our firm conform to requirements , concerning'slopes and set-backs from property lines and the beautification of the area prior to the termination of the lease. Our feeling is that we have complied with the terms and intent of • the lease. We have increased the back-slopes to Pi to 1 for better utilization of the floor of the pit and are preparing to have these finished slopes seeded to avoid erosion. If necessary we will comply with the requirements for 2 to 1 back-slopes. • We have not at this time made any preparations to remove our equip- ment from the lease site, pending,the Borough's decision on the sale and/or re-lease of the property. At the original time of lease the property was legally described using the centerline of the ex- isting road as the boun5ary and containing a 30' road right-of-way casement. We feel it will be necessary to have the tract re-platted. By removing the right-of-way the area of the tract is reduced from 20.284 acres to some 16.5± acres. The original lease was renewed . in September Of 1974 and is now slated to expire the 9th of Sept- . ember 1979. ; 1 1 ' .EXISTING IMPROVEMENTS 1 in 1969 we 'installed our first asphalt plant and began paving operations for the City of Kodiak, the Kodiak Island Borough, and the State of Alaska. Since that time we have continually up-graded our facility to meet market demand caused largely by the State of Alask&s intention to pave roads and re-pave the Kodiak Airport. = sr, Kodiak Island .Borough July 31, 1979 Page Two . . Our current asphalt plant was purchased in 1977 at acost of $284, 000.00, and we. also installed additional hot asphalt storage tanks and accessories atfa cost of $280,000.00. During that time the 'Kodiak Electric Association installed transformer banks and underground electrical utilities to supply:us with part of our power demand. The Clean Air Act and Department of ;Environmental Conservation required that we expend approximately $100,000.00 fora bag house to avoid the emission of dust into the atmosphere. 1 ;In 1975 we installed a caretakers trailer and have had a fancily .living on, the lease site since that time to avoid the problem of vandelism or theft at the plant site. We have also installed a semi - permanent' set of truck scales which are the only commercial scales available on the island, a portable aggregate washing plant, and rock crushing facility to meet the needs of the community. THE EXISTING BORROW SITE • Since the beginning of our operation in 1969, we have excavated app:oximately 140,000 cubic yards of material from the borrow site and have re- utilized the overburden and waste'to, build slopes and widen out the perimeter margin to create usable land on the tract. Our plan calls for the continuing excavation of gravel on the 'site yntil it is completely depleted. We have enclosed an artists •conception of the future area at the completion of the borrow site operation which gives a perspective of the size of'the excavated area after the extraction of all usable gravel. UTILIZATION OF LAND'AND FUTURE DEVELOPMENT As the area is•zoned for industrial reserve, we plan on continuing in the industrial classification by establishing an industrial staging and storage area primarily for equipment and building supplies around the perimeter of the borrow site. We,feel this is ecomomically viable due to the fact that there is a great lack of industrial zoned staging and storage areas in the Kodiak area and • its environs. • We plan to keep our asphalt plant, asphalt storage facility, and caretakers'trailer on the'ground where they are presently located, and begin landfill operations to fill in and utilize the floor ,of the borrow site for future development. Kodiak Island Borough July 31, 1979 Page Three ime schedule for this operation is as follows: 979 Kodiak Island Borough Sells Tract P -1 to I3rechan Enterprises, Inc. 979 -1.981 Finish excavation of existing gravel deposit. 1981_ -1 1982 Complete.backsloping requirements,t seeding re- quirements, and regrade the usable pit floor. 1982 -11990 Begin select backfill operations with clean fill on underwater sections of the borrow site (es- ,timated quantity of material required 60,000 cubic - yards) . 1990 - 2000 Possible construction of industrial warehousing complex and final landscaping to beautify the area and keep in in industrial status.; ECONOMICS OF SALE OF LAND We feel that the Borough should be made aware of the cost involved in re- locating the existing facilities. Our estimated cost at present is approximately $250,000.00 excluding the cost of land for a new site. We do not feel at this time there is sufficient markets demand to off -set these - costs. In checking through private land available, we have not found a suitable site for the re- location of our plant.. We question whether it is wise to re- locate'at all.. This decision must be made by the Kodiak Island Borough and in doing so they have to consider the economic effect it would havelon the community due to the high cost of re- location. 1 We are aware that'the Borough Assembly is under no obligation to sell this tract of land, however we feel it is in their best interest to do so. It is possible that there has already been a precedent set concerning the sale of a lease site to an individual and the Ordinances of the'Borough clearly make it possible for this sale. I j ; CONCLUSION This development plan is designed to inform the Borough of our - `intention in the event that they sell the land to us, and to out- line its potential use in the community. We feel the plan as .presented is within the realm of economic and realistic considera- ions for the area, and that we are the best qualified to reclaim this area usable .,taxable land for the Borough. It allows the Kodiak Island Borough July 31, 1979 Page Pour, orderly development of the area, and is consistant with the existing zoning and utilization requirements. Therefore, it is in the best interest of the Borough to sell Tract P-1 to Brechan Enterprises, Inc. We are willing. to amend this proposed plan as may be required by the statutes or the wishes of the Borough Assembly. Respectfully submitted: BRECHAN,ENTERPRISES, INC.- 1 ; . .'Michael C. Brechan Vice President MCB:njm I ; , o A--c2 41.0t/7ivs 0 es4 .■ BCHAN E TE PRISES, INC./GENERAL CONTRACTORS 2705 Mill Bay Road 0 Kodiak, Alaska 99615 October 27; 1986 State of Alaska Dept. of Environmental Conservation 437 "E" Street, Second Floor Anchorage, Alaska 99501 SUBJECT: Application, for Waste Disposal Permit for Solid Waste Management Activities - Narrative Description Part Two, Item C Gentlemen: Our firm has occupied and now owns Block 3 Tract A of the Bell's Flats subdivision, and as the attached history and documents imply, our plan has been to backfill this area with usable fill until we have com- pletely filled in the excavated area from our gravel operation. In our definition of usable fill, we also included ash and such metal debris as may come from the demolition of buildings and unhazardous metal debris as may be degenerated. Our intent is to leave this debris above the water table and far enough below the surface so as to permit future construction in the filled in areas. Since the area is already fenced and essentially a controlled ground area, we do not feel any further actions are required to prevent the spread of liter, odor, noise or safety and nuisance problems. We have attached a typical cell construction diagram. Our intent is to comply with our original development plans submitted to the Kodiak Island Borough in 1981. We therefore welcome any com- ments and the necessary permits required to continue along this pro- gram. We are more than willing to sit down and discuss this matter with you at your earliest convenience. Sincerely yours, BRECHAN ENTERPRISES, INC. c ael C. rechan /7- President MCB/ mc Encl. 0 BRECHAN ENTERPRISE% r !C./GEhERAL CONTACTORS © 2705 Min Bay Road, Kodiak, Alaska 99615 o 0 Ph. (907) 406-3215 0 Telex 26-619 0 FAX (907) 496-4889 0 o Alaska Business License #001858 0 Alaska Contractors License ItAA441 Wa Are An Equal OpportunityEmpkiver . ' • 1/17 5 /0 71" Wi "Z. 11 e • ■r■ A-1 t 9c kj„:r-De, • • 0 • .• • . ...,..;.:•;:Z...r.,:r“,... 1 ";*..\...; • - . • . . . ; . .... • , , , .• ...• - . ., • . • • , . • . 1 . . . • „.. • , . ' .. . • . „ • , 0 r.r. • . ' .4,•••• • • ,, fro....treayKiq..4,1■MatS.Pro0,0,..x...nodayoeqsat,o4., , - r_ , • • . . • ••• _ . „ tr- • • , .; ; ; • - ; t i. ; ; • .'• - ; • $tr.r ; ; I • • . ; ; . - • " • -• - I .. . EVIAN ENTEFRP 1SES, iNC./GIENERAL CONTRACTORS 2705 Mill Bay Road 0 Kodiak, Alaska 99615 October. 27, 1986 Mr. Henry Friedman Dept. of Environmental Conservation 437 "E" Street Second Floor Anchorage, Alaska 99501 Waste Disposal Permit, Block 3 Tract A, Bell's Flats Subdivision Dear Mr. Friedman: Thank you for taking the time to speak with me about our application for a waste disposal_site on the 21st of.October. I am enclosing the application which .1 completed to the best of .my knowledge de- tailing the history .and future plans for this area. I am also en- closing a copy of the application for a"conditional use permit re- quired by the Borough and have transmitted a copy of our applica- tion for the waste disposal_site to them.for.their comments. This should accelerate their response on the matter. Sincerely yours, BRECHAN ENTERPRISES, INC.. Michael C. Brechan President MCB/ mc Encl. 0 BUCHAN ENTERPRISES, INC./GENERAL CONTRACTORS 0 2705 Mill Bay Road, Kodiak, Alaska 99615 0 0 Ph. (907) 486-3215 0 Telex 26-619 FAX (907) 486-4889 0 Alaska Business License #001858 0 Alaska Contractors License #AA441 0 We Are An Fount Opportunity Employer RECHAN ENTERPRISES, INC. GENERAL CONTRACTORS BOX 1275 PHONE (907) 486-3215 KODIAK, ALASKA 99615 October 27, 1986 State of Alaska Dept. of Environmental Conservation 437 E Street, 2nd Floor Anchorage, Alaska List of Attached Documents: 1. Covr. Letter. 2. List of Attached Documents. 3. Application: 4. Vicinity Map. 5. Legal Description Map. 6. Aerial Topographic Map. 7. KIB Development Plan 1979,with three drawings. 8. Narrative Description. 9. Field Log of Test Holes. 10. Typical Waste Cell. 11. Waste Cell Development Plan. 12. Kodiak Island Borough Conditional Use Application. We Are An Equal Opportunity Employer Part I. STATE OF ALASKA DEv,\ rMENT OF ENVIRONMENTAL CONSERv,vi!ON WASTE DISPOSAL PERMIT APPLICATION FOR SOLID.WASTE MANAGEMENT ACTIVITIES Background Information A. Applicant's Name: BRECHAN ENTERPRISES, INC. Mai 1 i ng Address : 2705 Mill Bay Road City /State /Zi p Code: Kodiak, Alaska 99615 B. Facility Location: (Use legal descfiiption of property) Block 3 of Tract "A ", Bell's. Flats Alaska Subdivision } C. Application is for: (x) A New Facility X,(x ) An Unpermitted, Existing Facility ( ) Renewal of Existing Permit No. ( ) 'Demolition Debris Exemption D. Type of facility: Y ( X) Landfilling ( ) Hazardous Waste Processing ( ) Land Spreading ( ) Hazardous Waste Disposal ( ). Oily Waste Disposal ( ) Other E. Complete the following: 1. Number of people served by the facility. Ourselves 2. How much waste will be received? (ter s'9 (cu. yds.) 5,000 CY )ist k l+ikX(AR ) YEAR 3. Check the wastes received and estimate their percent of total wastes received. Yes No % of Total Domestic Refuse ( ) ,(x ) % Commercial Refuse ( ) (X ) Seafood Processing Wastes ( ) (X ) % Industrial Wastes ( ) (x ) % ;' Construction Wastes (X ) ( ) 80 Demolition Wastes (x ) . ( ) 15 % Oily Wastes ( ) Ash and Incinerator Residue (x ) (X ) 5 % 4. Will the following wastes be accepted? Yes No Septic Tank Pumpings ( ) , '( x) Sewage Sludge (. ). ( x) Drilling Muds ( +) ( x) Waste Oil and Oil Spill Cleanup Wastes ( ) ( X�) Hazardous Wastes ( ) ( x] 5. What predisposal processing methods will be employed? Incineration Baling Shredding Composting Other: X ) ) Building Wastes Only ( ) ( ) 6. The average annual precipitation in the area is 60 inches. FOR LANDFILLS ONLY 7. The deposited refuse will be consolidated, compacted and covered with soil at least times.per (week) (month) during the summer and at least times per (week) (month) during the winter. 8. The maximum width of the exposed working face will be ft. The maximum vertical height of the working face will be ft. PART II The applicant shall submit two copies of the following information with the completed, signed application form: A. Maps of the site and surrounding area that clearly show the following: (X ) Geographic Location (X ) Surface Contours X Site Boundaries (x ) Roads and Railroads (x ) Buildings (x ) Airports w /in 2 Miles (x ) All Surface Waters (x ) Wells w /in 1/4 Mile B. Facility plans or drawings showing: (a) the existing site conditions, (b) the proposed development steps, and (c) the proposed appearance of the completed site. The plans shall include contours of five foot intervals or less, and shall utilize a scale no less than one inch equals forty feet unless specifically approved by the depart- ment. These plans shall include, at a minimum, the location and construction details of: ( ) Surface Drainage Controls ( ). Access and On -site Roads ( ) Disposal Trenches or Cells ( ) Fences and Gates ( ) Buildings & Fixed Equipment ( ) Soil Boring Locations ( ) Monitoring Well Construction Details ( ) Visual Screening ( ) Pollution Control or Monitoring Devices ( ) Significant Storage, Processing or Disposal Features . A narrative description of the proposed development and operation procedures including those intended to prevent or control ground and surface pollution, disease vectors,mildlife access, litter, fires, odor, noise, and safety and nuisance problems. • For all landfilling/landspreading facilities: A'soils report based on test holes dug at representative locations to a depth at least four feet deeper than the lowest level of proposed . solid waste deposition. The minimum number of holes based on facility size shall be d ' / less than 10,000 ft2 one hole 10,000 ft2 to one acre ------ two holes larger than one acre two holes per acre ':These numbers can be greatly* reduced in large sites if the results of initial borings indicate a uniform, predictable soils/hydrology situation—throughout the site. The report shall include: 1. graphic representation of the soil profiles, 2. a discussion of the site's ground water hydrology based on the test holes and data from any wells in the nearby area. E. For „all HAZARDOUS. WASTE PROCESSING AND DISPOSAL FACILITIES: Detailed plans and specifications of the facility, the wastes to be accepted, methods and equipment for waste handling, treatment, -storage and, isposal, pollution controls, safety equipment and precautions, and emergency operating plans. F. .Aletter from the local government certifying compliance with :local ordinances, zoning requirements,',,rd coastal zone manage- ment plans and regulations. If :the appiicant is not the owner of the property, include a written statement from the property owner detailing the arrangement giving the applicant ;control of the facility for the proposed activity. ' Michael C. Brechan , certify under penalty of perjury, hat all of the above information and exhibits are true, correct and complete. Applicant's Signature Date 10-20-86 * * * * * * * * * * * * * * * * * * * * * * * Submit two copies of all application materials to the appropriate regional office indicated on the map on page 4. PERMIT RENEWALS: A permittee that has a departmentally approved plan that meets the requirements specified in this application form may apply for a new permit by submitting a signed application form and a report of the f,changes'and progress that has occurred during the preceding permit period. Those facilities without a currently acceptable plan shall submit all the :.planning documents and data required by this application for departmental reviewandaPproval.: prior to receiving a new permit. /3Dcig6 A. UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 521000m. E. I R. 21 W' R 20 w . 35' nn - 152 °40' 57 °45' j /703.. • 15 25' \a {ODIA ALASKA 1:63361i T. 28 S. T. 29S tit _ ice! ,"�„' ti : JO 1 00 toy ;Y z °> Jug Island RECEIVED FROM :• CASH RECEIPT Island Borough 700 UPPER Mitt RAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 . jPHONE 007) 486 -5736 9 I Alp A/ 'WV 101 A • - 101- 10 010- 000 - 105 -01- 010 -000- 105- 040 - 000 -371 -11 -,00 040 -000 -371 = 12. ',00 010- 000- 322 -11 -00 010 - 000 - 322 -17 00 010 - 000 -341 -50 00 010 -000 -341 -51 - 010 -000 - 111 -61- LAND SALE, PRINCIPAL PROPERTY TAX, LIENS PER ATTACHED CONDITIONS OF CHECK PAYMENTS PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS bUE TO OTAL THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS_FOR ANY REASON RESTORES THE OBLIGATION AS • UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. • CASHIER PAYOR PAYMENT MADE BY: [ CHECK NO, 65 1.-P 9 i I ❑ CASH ❑ OTHER There WILL be golf on Kodiak - -Page 7 NFL action The Rural Alaska Television Network's NFL doubleheader Sunday will s lead off at 9 a.m. with a `: match of two unbeaten ."s teams—Seattle and , New England. Both teams sport 2-0 records. The second game, beginning around noon, will be between New Orleans and San Fran- ." etsco. Both have 1 -1 records. Monday's contest, beginning at 7 p.m.* will feature last year's Superbowl champs, the Chicago Rears (2.0), against 0-2 Green Bay. Full NFL seboAnl, Page 6, • • • ■11•17 Here Tuesday The USS Cook wW visit Kodiak next week. The 438 -foot ,escort Frigate 1s scheduled to arrive at 8 a.m. Tuesday. The ship Is under the command of Cmdr. Robert E. Long, Eighteen officers and 250 men make up the crew of this ship. Details at the visit are being arranged by American 1..eglon Post No. 17. • 1 weather Rain tonight with a low temperature of 50. Southeast winds at 25 mph and gusting. Rain again tomorrow with a high in the mid -50s. The record high temperature for this date is 71, set in 1985. The record low is 33, set In 1948. Sonnet this evening at 8 :18. Sunrise tomorrow at 7:50. the }odiak. ally mirror Smoke Iran burning construction debris at the Brechan Enterprises the state De Inc. gravel pit in Bell's Flats drifts toward a residential area Byrt. yesterday. Several Bell's Flats residents have Illed a complaint with 0 ental Conservation. Photo by Frank Some on Bell's Flats irked at debris burning By FRANK BYRT Staff Writer Several residents of the Bell's Flats area have filed a complaint with the state Department of Environmental Conservation asking It to stop Brechan En- terprises Inc. from burning construction debris in a gravel pit at the company's asphalt plant in the center of the flats. A petition signed by 37 The petition says that Brechan residents was presented to Enterprises Is creating a "dump Kodiak DEC representative site" and Is "dumping metal into Arnie Shryock Tuesday. The the lake" that may later cause petition says that "the large scale problems with the drinking water burning activities are creating when Brechan later abandons the nuisances and potential health 'pit' as residential properties." hazards of smoke, ash and noise The company Is burning the to our homes that Is not normally remains of old barracks that It associated with a gravel pit has torn down at the Coast Guard operation." base. According to the petition, the burning of the construction debris may be a health hazard because It could "contain asbestos, asphalt, aluminum, carpet remnants, linoleum and gypsum" and be releasing chemicals into the air. "There could be a health hazard," says Shryock, "but we (Please turn to Page 2) It's face -off time for Sturgulewski, Cowper BETHEL, Alaska (AP) — It Conference, a collective of 56 resolve IL You have to put In the was style more than substance villages in southwestern Alaska. proper safeguards." separating Alaska's two main Both candidates supported You have to recognize gubernatorial candidates as they subsistence, open government, economics as they are today," faced each other Thursday In the protecting fisheries resources, Cowper said. "Fisheries supply a first major debate of the general and funding rural energy and lot of revenue. I would favor election campaign. alcohol -abuse programs. Both fisheries over oil development." The two -hour televised debate said they would reimpose .a —Power Cast Equalization matched Fairbanks lawyer Steve personal Income tax under Program. Cowper, a Democrat who certain conditions, and both "It has to stay In place because defeated Gov. Bill Sheffield in the opposed sovereignty. people depend upon it," Cowper Aug. 25 primary, against state But they differed slightly in said of the program, which Sen. Arllss Sturgulewski of how they would treat those subsidizes rural electricity Anchorage, the survivor of eight issues. Some highlights: generation. "But we have to take GOP candidates in the primary. — Development vs. fisheries. steps to reduce power use in all A standing -room crowd of 150 "There will be conflicts. It's the villages ... and use people attended the debate, how those are resolved," weatherizatlon." sponsored by the Yukon- Sturgulewski said. "It takes an "I would like to see a program Kuskokwirn Delta Mayor's openness ... to deal with it, . that uses conservation as part of Sturgulewski said. —Subsistence. "I totally support subsistence," Sturgulewski said. "Subsistence use comes first," Cowper said. Criticized by Sturgulewski and a village elder for supporting a need -based subsistence program two years ago, Cowper said he had changed his mind. "1 made a mistake. I made a mistake. I made a mistake," Cowper said, drawing applause from the audience. — Sovereignty. "There are ways to have flexible Local governments," (Please hum to Page 3) FAA sets drug tests for 500 JUNEAU (AP) — Officials said 500 Federal Aviation Ad- ministration workers In Alaska will be subject to drug tests starting In January, an an- nouncement that drew predic- tions of legal challenges from civil rights leaders. The FAA announcement came four days after President Reagan aimed his national war on drugs toward the specimen bottle, calling for drug tests of up to a million federal workers In sen- sitive positions. FM spokeswoman Ivy Moore said the mandatory drug tests will affect mostly the agency's air traffic controllers and pilots. The urinalysis will be part of a yearly physical examination already required of some workers, she said. Moore said the directive came Monday in a nationally distributed memorandum from FAA Administrator Donald Engen. The new testing program will greatly expand the number of FAA workers subject to drug tests. The FAA has about 1,200 employees in Alaska. At this time, tests are done only if we have reasonable cause to believe an employee is abusing drugs," Moore said. Reagan's call for mandatory drug testing has been criticized by civil rights groups and labor (Please torn to Page 3) FV Dusk watched The Coast Guard was monitoring the condition of the FV Dusk today after It repotted it was taking on water in the Bering Sea yesterday afternoon. The skipper of the boat reported his pumps were keeping up with the leak but he's heading for Dutch Harbor to make repairs. The Coast Guard is keeping a regular Com- munication schedule with the boat. The Dusk was expected to arrive in port late tonight or early tomorrow morning, the Coast Guard spokesman said. 2- KODIAK DAILY MIRROR— Friday, Se er 19, 1986 burning (CoatlnnedhomPagel) "H It posed an Irmnlnlent public health hazard we could get don't know for sure. But 1 don't something like an Injunction," think it's a good Idea." Shryock said, to force the burning Besides the petition, Shryock says he's logged several more calls of complaint and concern. The DEC "asked them (Brechan) to stop these practices last Thursday," Shryock said. At that time, weather conditions were such that thick black smoke hung over the Bell's Flats area, he saki, enough to create "a public nuisance" and a "potential health hazard." "I reaffirmed the official complaint on the 12th," said Shryock, and the Anchorage (DEC) office re- affirmed it yesterday "by issuing a notice of violation which is a formalized way of saying the same thing." Legally, the DEC can take action, Shryock said "but that must be taken by the regional office who must first review the case before proceeding. to stop. Creating a public nuisance and a health hazard "is' a misdemeanor," Shryock said, and limited to tines, "but homeowners may have civil recourse." Shryock suggests that a sanitary landfill could be used rather than the open burning for the disposal of debris. He said the Idea of a sanitary landfill site with transfer stations Is something that should be con- sidered by the Planning and Zoning CommLsaion during their deliberations. Shari Hazzard - Doyle, one of the organizers of the petition said, "It's been over a month since the burning started. We thought that at any day it was going to end but it hasn't. We've had smoke and ash and that bad smell coming GOP lawsuit hits Republican Moderate' ANCHORAGE (AP) — Con - the Aug. 26 primary . Faiks has Uniting its battle with legislative no Democratic opponent. candidate Ray Metcalfe, the Metcalfe said the Republican Republican Party of Alaska has Moderate party was his own filed suit to stop him from using invention, but said he did not the label "Republican Moderate" Intend it to be deceiving. on the November election ballot. "I am a Republican, but I'm a In a lawsuit filed Wednesday in moderate. My party Is Anchorage Superior Court, the Republican Moderate. I made it Republicans claim Metcalfe is up. It accurately reflects my illegally exploiting their party's views." name and status. They ask that Metcalfe was elected as a his name be removed from the Republican to the state House of Nov. 4 ballot and that he be Representatives in 1978 and 1980. barred from using the name He said he agrees with the party. "Republican" In his party name. . stance on most Issues but rejects "The public will be defrauded, , Its occasional ultraconservative deceived, confused and may vote image. for (Metcalfe) thinking he is a "When Phyllis Scblafly Joined candidate of the Republican the party," he said, "I took a big party," the lawsuit reads. step to the side." The party will be "deprived of • He did not enter the primary the value resulting from years of race, saying he qualified to be on endeavor and thousands of the general election ballot by dollars of investment and ex- submitting signed petitions. tensive advertising and the Though he acknowledges that the goodwill they acquired from the Republicans' lawsuit can only use of the name 'Republican,' " help bring publicity to his the suit says. campaign, he also says he is the Judge Brian Shortell said victim of a party that owes a Wednesday he would not decide great deal to Faiks and her fund - on the Republican party's raising abilities. request for a temprorary in- "In the primary, I saw that junction until Sept. 24, one day whoever campaigned against Jan before Alaska ballots are Faiks would not get fair treat - scheduled to be sent to a printer ment from the party," Metcalfe in California. said. The primary is the vehicle The Republican party's choice to settle differences of opinion for the South Anchorage seat in within the party, but the party the state Senate is incumbent leaders, by supporting Faiks, Sen. Jan Faiks, who defeated were influencing the masses that Republican Arndt Von Hippel in they lead." Cowper wins AFL -CIO backing ANCHORAGE (AP) — The AFL-C10, Alaska's largest labor organization, Thursday endorsed Democrat Steve Cowper's bid for governor. The announcement came a day alter 150 union delegates met In Anchorage with Cowper and Republican Arliss Sturgulewski. "There was a great deal of debate this morning on which way to go, and for unity's sake, It was a unanimous decision," said Mano Frey,. the labor organization's executive director. "But that doesn't mean there wasn't a good deal of discussion before we got to that point." Cowper and Sturgulewski were questioned on those issues during a one-hour debate before the AFL -CIO delegates. Both can- didates pledged to promote local hire, entrepreneurial projects, and trade between Alaska and Pacific Rim nations. over here all that time. It's particularly bad in the evening," she said. Doyle says the burning has been going an 24 hours a day, for almost two weeks. A borough spokesman said they've received a number of complaints but have told callers that the problem is not within the borough's jurisdiction. "There's no borough ordinance against burning," he said. "We refer them to the DEC, which La the appropriate agency to deal with Mb" Bob Hales, a spokesman for Brechan Enterprises, said this morning, that "I Just got back In town and was not aware of a petition." Shyrock "did contact us out there and asked us not to produce any more black smoke, which I don't think we are doing." Hales said the burning started early last week "and Is pretty much over with now." The asphalt plant and gravel pit have been there since about "1969 or 70," Hales said, and the houses have "kind of grown up around it." Company owner Mike Brechan was out of town and unavailable for comment. communit schools ' MONDAY — KIBSD School Board Meeting, 7 p.m. Borough Assembly chambers. TUESDAY — English As a Second Language, 7 -9 p.m., HS Room 111A & B, Tuesday and Wednesday. WEDNESDAY — Kodiak Theatre Company Workshop, 3:45 -4:45 p.m., HS Room 111A. Girl Scout Troop 0250 meeting, 6:30 -8:30 p.m., Main commons. Community Band rehearsal, 7 -9 p.m., band room, auditorium. Community Schools public meeting, 7 p.m., KIBSD con- ference room. Special Olympics, 7:15-8:30 p.m., East Gym. THURSDAY — Klttgflshers .swim practice, 5-8 p.m., Thurs- day- and Friday, lf3 pool. Cub Scout Webelo meeting, 6:30-8:30 p.m., Main commons. SEPT. 26 MIS Cross - Country Regionals at Palmer, Friday and Saturday. MIS Volleyball vs. Kenai at Kodiak, 7 p.m., HS gym. SEPT. 27 — MIS Volleyball clinic, 11 a.m., HS gym. K11S Volleyball vs. Kenai at Kodiak, 1 p.m., HS gym. Kodiak Arts Council Arctic Chamber Orchestra, 8 p.m., auditorium. Published dolly, Monday through Friday, except holidays by Kodiak Publishing Co. (ISSN- 0740 - 2112), 216 W. Rozanol, Kodiak, Alaska 99615. (907) 486.3227 and 486 -3228. • Second -class postage paid at Kodiak, Alaska. Postmaster: Send address changes to Kodiak Daily Mirror, 216 W. Reranot, Kodiak, Alaska 99615. Out of State State and Local 3 Mos.... $30.00 3 mos.... $21.00 6 mos.... $60.00 6 mos. ... $42.00 1 year... $120.00 1 year.... $84.00 Doonesbury MR. RO8ER756V, )HERE ARE MIUION51FAMER CANS WHO, FRANKLY, AREMAP5 A I L 7 7C E NERYOLS 8Y A MAN WNOHASLETAIIEO, PR/VA7ECONI RFSA- 770N5W17716012 Aleut history being put on film By FRANK BYRT Staff Writer Judy Peterson, a former Kodiak resident and a senior at the University of California at Santa Cruz is In Kodiak filming an historical- cultural documentary of the Aleut People. Peterson says the goal of her film project is to look at the Aleuts today in perspective of their history. Alot of Aleut young people don't know much about their rich culture and history, she said, and this film Is "to try and preserve the stories of the older people who want to share and save it for the young. "A lot of the older people like to see young people Involved In the preservation of the language and cultural traditions," and taking pride in their cultural heritage, she said. Peterson said she will distribute copies of the film to the Kodiak Area Native Association, the Aleutian - Pribilof School District and the Aleutian Regional School District, as well as presenting a copy for her senior thesis in .community studies. Peterson lived in Kodiak until age 12 when her family moved to Santa Cruz. She said she has fond memories of summers in Akhlok and Larsen Bay with her grand- parents, Archie and Marie Brunton, and visits with "Grandma Matron iii Akhiok." Peterson has filmed 10 people in Kodiak and three in ()Id Harbor and said she hopes to hear from people fn Akhiok, Old Harbor and Kodiak who would be interested in participating in the project. She can be contacted at 466.5147. peSAIA E115jAONICONC._ Clearances I Ltmtte45toc4 Rotary Dial Wall Phones 1000pIus fix Limited to stock on hand 162351111 Bay 486 -5541 Oar front door's at die back. REMODELING PROS • Kitchens • Bathrooms • Solar addit ions • Retrofits • Insurance claims • Repairs COMMUNITY BUILDERS CREATIVE HOME IMPROVEMENTS for an addition that doesn't look like an add on! 486 -382 5 - CORRECTION -- In yesterday's Mirror, Mark -It- Foods' ad should have read U.S.D.A. Choice Boneless Beef Top Round Roast Not $119 Per Lb $199 apologize for the error. BY GARRY TRUDEAU YOU SAY BET7ER 711EPRE55 S77Lpm.. COVF5P4NCE 4 OVER? llXl. /LY THYWIU :t 1 8ELONE. 4r t • y [4: csi• !25.71 / // • .,, i�1 > / //v 4 )710 1 ,j-07 �+. //� 9: s./ 9 -I.,. z: ,zva.00• 0 - P.' -..- . ': q 7. `9 -,41e i. CIO. 21 //70.00' i t- -..,,,- � 4z/ • ;• 7ri,; .;. ti rt. 4c is Pa '0,00 L., 1 i ffop A ,asp .S. Iry RUS° 1. ' ? OCY'Vy' 4Q,. B0.0G' r, N Z3 16, 4i V:3;'4,; Pis 21, 23. N VICIN Q.L1AR 1COLIAK (C -2) ..�,....�. _.� .:s a�e+a.eq�v+r. -!mss• ;� 1 r1iLE AMIEVUOINovvv t S.LLL PLATO ALASKA SUDDtV1S)ON`. U. 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