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BELLS FLATS TR E OF TR A - Code Enforcement21 September 2012 Mr. Jack Maker Code Enforcement Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Bells Flats TR E of TR A Letter of Courtesy and Advisory (August 24) Dear Mr. Maker, I received your above referenced letter on August 315t. This is delay is due to the fact our mail is not delivered at Pasagshak and only picked up on limited trips to town. Immediate action was taken on your letter that same day. Please accept the facts below as proof that we are voluntarily performing your requested actions: Item #1) Repair the damaged portions of your properties fence. A meeting was conducted with A -1 Timber on August 315` to discuss the fence issue. The down sections of fence were discussed and the fence was put back up. Subsequent actions have also taken place to install more fence ties along the entire section on Sargent Creek Road. Item #2) Install gates at the fence entrance /exit opening along Sargent Creek Road (southwest) side of our property. This item is being addressed but not yet completed. It will however be complete by the end of October which I believe is reasonable given the changes we are making. We are installing different end posts on both sides of these areas to facilitate more secure mounting for the gates. These openings are approximately 80 feet wide to allow the truck /trailer combinations to enter and leave the property without crossing into the other traffic lane. The width of the opening prevents the use conventional chain -link gates. Lighter rollup safety fences gates were used initially but these fail during the high winds and heavy snow we receive. We will be installing the new end posts on both driveways and switching to a cable gate that can be stretched across the opening. Warning /keep -out signs are currently in place at these opening and will be re- installed on the new gate posts. Additional signs will be installed on the cables. This item requires coordination with the local utility companies and a contractor to make sure the utility cables are damaged during the digging and installation of the posts. Item #3) Install fencing along the West Rezanof Drive (southeast) side of your property. This item is complete. We complied with this action item but do not agree with the validity of this action. This area fenced off with this short piece of fence is basically the highway right -of -way where no pedestrian traffic is supposed to occur. Item #4) Regularly maintain your properties fencing so as to continuously reduce the possibility of unauthorized or casual entry. Regular fence maintenance was discussed with A -1 Timber during the meeting on August 315t. The maintenance intervals have been shortened to provide more and improved maintenance on the fence. The four actions you requested were immediately looked into and we feel are adequately being addressed to meet the terms of your letter. In your letter you also asked that I contact you if I have any questions or concerns. I do have a serious concern ,that is not being addressed by anyone at the Borough up and including the previous Borough Manager. I am attaching copies of written correspondence that I have sent without receiving written reply on either from anyone involved with the Borough. I have also had multiple phone conversations and written communications with Mr. Conrad, Mr. Cassidy, and Mr. Gifford that to date have not resulted in any type of action on the Borough's behalf. From the very onset of the A-]. Timber operations at this location we have requested that proper ditching be performed by the service district along the nearly 800 feet of Sargent Creek Road. This ditching plan has been discussed at service district meetings, with service district officials, Mr. Cassidy and Mr. Gifford. We have offered to supply all of the required culvert materials at no charge to the service district, provide for a dump site for the excavated material, provide any possible help including certified traffic control flaggers, and have even gone as far as offering to complete the required action with one of the Iocal Kodiak excavating contractors. Similar ditching requests are performed by the service district on a regular basis and this request 15 not out of the ordinary. A direct example of this was in fact obvious at the service district meeting both A-1 Timber and | attended in 2010. A service district resident requested a similar ditc be dug tha was not adjacen to his property and the work wa performed. Additional work for this same resident wa performed in the past by the service dlstrict while | owned a company that had the service district contract. Additionai ciitching was performed again Iast spring an this same section whiie 1 was told it could not happen adjacent to our property. We want to install a mor permanent fence along Sargen Creek Road and as stated with the Service District, P& Z, Mr. Cassidy, and Mr. Gifford. This fence cannot be properly installed until the ditching is completed and proper culverts are installed at the driveways. This ditching is also a very important for safety on Sargent Creek Road. Currently all of the water coming down Sargent Creek Road is ponding in the low spot adjacent to the driveway on to our property until it is high enough to run across the road. This happened frequently last spring and as recent as the Iast storm this month. We have tried to deepen the ditches with a grader during maintenance on the property and work pad as much as possible but the long term and correct solution is performing the ditching with an excavator like they routinely do on other roads in Bells Flats. Please address the ditching issue as identified by the standard in Chapter zauu080.|have been requesting action on this matter for nearly two years and up to this point have not even received return correspondence concerning this matter. 1 have asked to have the work scheduled by the service district and have observed them doing other similar ditching but none of my requests are even answered. We have offered to provide labor and materials free of charge for this effort. We have also offered to contract the work out which is done in service districts when the current service district contractor is unable to perform the service We met all of our obiigations and done everything possible to meet or exceed the requests of the Kodiak Island Borough and Woman's Bay Community over the last two years. Up to this point in time, neither the Borough nor the Woman's Bay Service District has taken any initiative to even address our concerns much less work to install the ditches mandated by Borough Code. The A-1 Timber operation has provided substantial income to the Borough that more than adequately would cover a two day operation at the most at a cost of less than $5000. Please schedule a meeting time with the Borough Manager and Woman's Bay Service District Officials ,o we can get the ditching done and bring this issue to close before someone is injured trying to dodge the water that is crossing the road. Sincerely, John Zbitnoff Cc: Mr. Duane Dvorak, lnterim Director, Community Development Department Mr. Bud Cassidy Interim Manager, Kodiak lsland Borough Mr. Jerome Selby, Kodiak BoroughMayor Honor Carpenter, ADEC Attachments, 23 November 2010 letter, 29 June 2011 email traffic, 17 June 2011 email traffic Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us August 24, 2012 Letter of Courtesy and Advisory Via: Regular Mail Reference: Bells Flats TR E of TR A / 465 Sargent Creek Road, Kodiak, AK 99615 Zoning District: I — Industrial Zoning District Mr. John Zbitnoff Post Office Box 8849 Kodiak, AK 99615 Dear Mr. Zbitnoff, This correspondence is directed to you as courtesy notice and advisory. On January 23, 2011, the Community Development Department provided you with correspondence notifying you of the above identified Industrial Zoning District property's fencing requirements approved by the Kodiak Island Borough Planning and Zoning Commission during Case 11 -009 (Fence and Screening Review according to KIBC 17.105.060 F & G, copy enclosed). The fencing approved as acceptable was a temporary fence around three sides of your property utilizing gates to completely close off the property from Sargent Creek Road, with the vegetation along the Sargent Creek side (being left in its natural state) sufficing as the fencing for that portion of your property. That correspondence also stated that the fencing was to be maintained on a regular basis. The Community Development Department, through routine code enforcement patrols, has noted your property's required fencing to often be in disrepair (portions regularly knocked down, fencing detached from fence poles, etc.). In addition, it was noted that no fencing has been installed along the West .Rezariof Drive (southeast) side of your property and no gates have been provided to close off the site from Sargent Creek Road (photos enclosed). Due to those findings, we have determined your property's fencing fails to meet the performance standard accepted by the K.I.B. Planning and Zoning Commission as required by the following K.I.B. Title 17 (Zoning), Chapter 17.105 (I — Industrial District). Code; 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. F. Open Storage. Any storage shall not be located closer than 25 feet to an e enclose ,wl right-of-way. Any storages \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Tract E\Zbitnof C &A.docx street Page 1 of 6 commission:; Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. Of particular concern to the Borough is the public safety issue created by your property's poorly maintained fencing and lack of gates. In its current condition, that fencing fails to provide the needed security for the public and property owner, due to its inability to prevent unauthorized or casual entry into an area where potentially dangerous industrial activities are taking place. To ensure this public safety issue is addressed, it is requested that you perform the following actions to bring your property's fencing up to the standards found acceptable by the K.I.B. Planning and Zoning Commission during their Fence and Screening Review (Case 11 -009); epair the damaged portions;of your property's existing, fencing Install__ gates `at the fence entrance %xit openings along the Sargent Cree` 'Road.:(southwest) side of your proper` In "stall fencing along the West Rezanof Drive (southeast) Property:„ 4 Regularly maintain your property's fencing so _as_ to continuously reduce the possibility,o f unauthorized or casual entry A follow up field review of your property is scheduled for thirty (30) days from the date of this correspondence. Failure to voluntarily perform these requested actions by September 23, 2012 will result in the posting of a formal Notice of Violation and the subsequent enforcement action required to ensure your fencing conforms to the Industrial Zoning District performance standard prescribed by Kodiak Island Borough Zoning Code. Your recognition of, and attention to, this requirement of Kodiak Island Borough Code is appreciated. Please feel free to contact me at (907) 486 -9364 if you have any questions or concerns regarding this matter. Thank you, our Jack L. Maker, Code Enforcement, Officer Cc: Mr. Duane Dvorak, Interim Director, Community Development Department Mr. Bud Cassidy, Interim Manager, Kodiak Island Borough Planning & Zoning Commission File: Bells Flats Tract E of Tract A Enc: Photos, January 23, 2011 Notice of Acceptable Fencing (Case 11 -009) \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Tract E\Zbitnof C&A.docx Page 2 of 6 Photos showing installed fencing along Sargent Creek Road to be in disrepair. \\dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Tract E\Zbitnof C &A.docx Page 3 of 6 Photos showing lack of required fencing along West Rezanof Drive (southeast) side of property. \ \dove \departments \CD \CD -17 Property Files \Bells Flats \Tract A \Tract EZbitnof C&A.docx Page 4 of 6 Photos showing lack of required gates at entrance /exit openings along Sargent Creek Road. \ \dove \departments \CD\CD -17 Property Files \Bells Flats \Tract A \Tract E\Zbitnof C&A.docx Page 5 of 6 V> r, I 4 T , z' .+N o feitciiW(screeniitg ( ,� Oro cf:alongalii§ t T' In,. pc_ - uy.irie . R' • indi.ates' I.I!r"i.in,;, , f. r. lu ,itiun Mt. ant ojreiain�is;witli nn_yat�. J Bite indic;ite� ajii,tu.ximrrte area,where rer�itireil;f n: ino is not fts§•aHC41 • GIS photo \ \dove \departments \CD\CD -17 Property Files \Bells Flats \Tract A \Tract E\Zbitnof C&A.docx Page 6 of 6 { L Jack Maker From: Sheila Smith Sent: - Tuesday, April 24, 2012 1:57 PM To: Jack Maker Subject: Zbitnoff Logging Jack We got a report that the fence around the Zbitnoff logging place on the corner of the highway and Sargent Creek Road in the Flats is in desperate disrepair. The fence is pretty much non - existent with 4 or 5 places where the fence is down completely and the rest is in pretty bad shape. Bud wants you to go look at it after you get back. Thanks! 4°P, 4.rp..as.. 4.4.4 ;, L'V+q.+ `s4o` 4.0,o-i- + Q Sa't4, 3' . Thanks, 9/ ,a mid5Secretary Kodiak Island Borough Community Development Ph. 907- 486 -9363 Fax 907- 486 -9396 PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this e -mail are subject to provisions of the Alaska Statutes and maybe made available to the public upon request. Page 1 of 2 Jocelyn From: John Zbitnoff Uzbitnoff@aol.com) Sent: Wednesday, June 29, 2011 7:11 PM To: David.E.Heuman(guscgmil; 'dave heurnant Cc: rgifford@kodiakak.us: Bud Cassidy Subject: RE: Contact from John Z DAVE & DAVE This is the follow-up to the phocon. Al timber Is very close to resuming operations again. The plan is to still use our property for their sorting and storage operations. We have worked through all of the P&Z issues and gotten all of the required paperwork and permission from the Borough. We met with Bud Cassidy earlier this month and finished the checklist with him. There are two pieces remaining that require WEED action. The ditch along the entire • Sargent Creek Road still needs to be completed to prevent the road runoff from entering the property and then we need to construct the permanent fence after the ditch is complete. As I stated In your meeting last fall I think this is a minor project and one that shouldn't take long or cost much money. The plan below is my best suggestion on how to aceomplish the task at the lowest amount. #1 The property drains at approximately 1% from back to front so uniform depth should work for the most part. #2 The ditch could be only 2 feet deep rather than the now standard 3 feet. Three feet will work also #3 We will provide 15" Ductile iron pipe for culvert eliminating the need for the extra 1 foot of ditch culvert cover. The areas over the culvert can be humped up 6" to prevent water from going in the driveway. #4 We will remove the temporary fence so alt excavator work work .. can take place from the property saving the flagmen cost. #S The excavated material can all be placed behind the ditch on our property eliminating any trucking cost. #6 The power and phone have been marked numerous times and should not be a problem because they are on the property line for the most part and not in the ditch bottom. There is ono short run that they may be In the ditch but that section already is nearly deep enough. #7 We will put up the perrnanent fence after the ditch is complete. 9/22/2012 Page 2 of 2 #8 The highway ditch is deep enough to allow drainage. #9 We will move the equipment on the upper end to provide access. #10 We will sign any releases necessary for the excavatio n and material waste This is a very small project that is only about 850 feet long and 2 feet deep. The total quantity is about 250 CY and a small excavator stsould be able to dig it easily in a day or two at the most Including the excavation for the culverts. We will help with the pipe installation once the ditch is dug if necessary to get the project completed. The SWPPP and NOI process is complete. One of the ADEC stipulations is that the road surface water be diverted to prevent entering the property. This diversion requires the ditching on your part. The road ditch is part of the SWPPP and needs to be completed ASAP. ADEC is aware that the ditch is not in yet but they are waiting for the completion date and monitoring the status through the SWPPP reports. I will be out of the state during your next meeting so please nd me an e-mail with your schedule so I can deliver the pipe, John Zbitnoff 9074545758 From: dconrad [malito:davedsh@acsalaska.net] Sent: Friday, June 17, 2011 8:32 AM To:. David.E.Heuman@usog.mil; dave heuman Cc: jzbItnoff@aol.com Subject: Contact from John Z Dave this email is in response to the contact by John Z regarding the request for ditching at his property on Sargent Creek Road several months ago. John contacted me yesterday to inquire regarding the status and ask when our next meeting is scheduled. 1 suggested that email would be a good method to document discussions. John I have not included the email of all the members as I do not have permission and some members may not what theiremails public. I can assure that your correspondence will be shared with the board upon receipt 9122f2012 23 November 2010 Woman's Bay Service District cio Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak Alaska 99615 Re: 465 Sargent Creek Road Service District Members As the property owner of the property at 465 Sargent Creek Road I am working with ADEC to develop a Storm Water Discharge Plan in response to their letter dated 2 November 2010. The basic concern expressed in the letter is water and sediment entering Russian Creek as well as Sargent Creek. We are developing and submitting a plan that incorporates berming and drainage for the property. This effort is being hampered by the lack of drainage along Sargent Creek Road and the fact that the road and area up gradient is currently being drained on to our property due to the lack of a drainage ditch along this stretch of roadway. Kodiak Island Borough Chapter 16.80.080 Drainage clearly identifies the standard ditching and drainage that should incorporated along this roadway. The Code requires a 3:1 slope for eight feet in order to install culverts to the minimum depth of two feet. The initial response cut off for this action is early December 2010. We attended your November meeting and discussed this corrective action at that time. We are working with ADEC to meet their requirements but need to have the Service District complete the ditching in order to prevent runoff of water from the street onto the property. I am familiar with ditching having been done by the WBSD to keep road drainage from entering private property in the past and do not see this as a special out of the ordinary request. In fact the other discussion at the November meeting was similar type ditching on Kaisin Road. I was directly involved with ditching at this same location years ago when a major ditch was dug along Kaisin Road to protect this same property. Please provide a date that you expect to have this work completed so I can include it in our response to ADEC. Sincerely John Zbitnoff Cc: Honor Carpenter ADEC, Bud Cassidy KIB, Rick Gifford KIB ST TE DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER WASTEWATER DISCHARGE AUTHORIZATION PROGRAM 11/24/2010 Company:Owner ATTN: John Zbitnoff PO Box 8849 Kodiak AK 99615 Permit Number:AKRO5DA95 SEAN PARNELL, GOVERNOR 555 Cordova Anchorage, Alaska 99501 -2617 PHONE: (907) 269 -6285 FAX: (907) 334-2415 Facility: JCN Storage 465 Sargent Creek Road Kodiak AK 99615 This email/letter acknowledges that you have submitted a complete Notice of Intent form to be covered under the APDES General Permit for Stormwater Discharges for Multi- Sector General Permit Activity (Multi- Sector General Permit). Coverage under this permit begins at the conclusion of your thirty-day waiting period, on 12/24/2010 . As stated above, this letter acknowledges receipt of a complete Notice of Intent. However, it is not an ADEC determination of the validity of the information you provided. Your eligibility for coverage under the Permit is based on the validity of the certification you provided. Your signature on the Notice of Intent certifies that you have read, understood, and are implementing all of the applicable requirements. An important aspect of this certification requires that you correctly determine whether you are eligible for coverage under this permit. As you know, the Multi- Sector General Permit requires you to have developed and begun implementing a Stormwater Pollution Prevention Plan (SWPPP) and outlines important inspection and record keeping requirements. You must also comply with any additional location- specific requirements applicable to your state or tribal area. A copy of the Multi- Sector General Permit must be kept with your SWPPP. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http: / /www.dec. state. ak. us / water /wnpspc /stormwater /index.htm. For tracking purposes, the following number has been assigned to your Notice of Intent Form: AKRO5DA95. If you have general questions regarding the stormwater program or your responsibilities under the Multi- Sector General Permit, please call William Ashton at (907) 269 -6283. Thank you for using the ADEC eNOI system.