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BELLS FLATS TR A BK 3 ALL - Code Enforcement• CASE FILE ACTION LOG Legal Description Bells Flats Ak Sub Blk 3 Tr A Street Address 224 Salmonberry Dr Origination Date July 9th, 2002 Property Owner Brechan Enterprises, Inc. / Lessee, SPI Case Number N/A Date Action Initial 7 \09 \02 Email complaint re: illegal propane storage w/ 3 jpg(s): staff email acknowledging receipt of email: fax from SPI "tankers are empty": follow - up letter from staff to complainant. M' 8 \08 \02 Cc email complaining of lack of fencing around property: 5 jpgs listed but not provided DD 8 \14 \02 Telephonic complaint re: propane storage: forwarded complainant to fire marshal & building official DD 8\29 \02 Staff field visit to site in response to several telephonic complaints re: operations: photo documentation of facility in operating mode: 4 jpgs M' 9 \05 \02 Email complaint(s): 1_ placement of processed soil next to propane tankers: 2_ steam & smoke emissions: 3_odor: 2 jpgs: cc'd P. Horwath, fire marshal, building official DD 9 \05 \02 Email complaining of "contaminated soil left in the open ": 1 jpg: no violation determination DD 9 \06\02 Copy of SPI operations report for 8 \31 \02 documenting emissions & wind direction File 9 \06 \02 Fax from SPI re: planned community protest to be held on 09 \07 \02 DD 9 \06\02 Email exchange SPI / DD DD \\ Dove \Users4mlydick \word\Zoning Violations\ActionLog\Bells Flats Blk 3 Tr A SPI File Action Log.docl1/27 /2002 Page 1 of 3 Date Action Initial 9 \09 &10 \02 1_Counter complaint re: noise @ site 2_Email complaint re: noise @ site 3_Letter complaint re: noise @ site: 9 \06 \02 field visit by staff for purposes of monitoring noise levels during operating mode, readings taken w/ sound meter DD & EW 9 \17\02 Email complaint re: 1_ asthmatic dog suffering froth associated pollution: 2_unsecured soil during trucking operation: 1 jpg listed not provided DD 9 \17\02 Counter complaint re: emissions & associated odors during operations: 3 jpgs depicting steam plume M' 9\26\02 Receipt of petition protesting `operation & location" / "faulty decision making processing" Staff 10 \03 \02 Counter complaint re: fumes & carbon monoxide poisoning on 10 \O1 \02 LD 10 \03 \02 Counter complaint re: fumes & carbon monoxide poisoning on 10 \02 \02 LD 10 \06 \02 Cc email exchange w/ ADEC relating to 10 \03 \02 complaints DD 10 \07 \02 Email letter detailing general objection(s) to SPI's operation M' 10 \16 \02 Re- broadcast of edited letter detailing general objection(s) to SPI's operation M' 10\22 \02 Counter complaint via email of flooding @ Brechan's Pit resulting in pollution run -off invading the river & water table: illegal attempt by Brechan to "cover -up" the problem by placing fill in the pit: Response letter detailing staff's immediate follow -up w/ tele inquiry & field visit to view the area & outline of Brechan's permitted fill activities. DD & M' 10 \30 \02 . Cc email exchange betwixt Woman's Bay Community Council & Juneau re: "blue smoke" DD 1\Dove\Usen\mlydick \word\Zoning Violafions ■ActionLog\Bells Flats Blk 3 Tr A_SPL File Action Log.docl 127/2002 Page 2 of 3 Date Action Initial 11 \05 \02 Certified letter to SPI notifying (spi) of suspension of zoning compliance permit pending outcome of administrative hearing DD 11 \30 \02 Saturday field visit by: psc; dd; m' in response to telephoned complaints of "sheen" on waterbodies in proximity to SPI's operation PSC DD M' 12 \02 \02 Logged incident report submitted by Dr: Gary Carver re: film or scum subject of 11 \30 \02 call- out; surmises that it was by- product of SPI Staff 12 \02 \02 Counter complaint re: 11\30 \02 event w/ jpgs(x4) attached M' 12 \02 \02 Counter complaint re: 12 \O1 \02 noxious fumes M' 12 \02 \02 Counter complaint re: 12 \02 \02 observation of "brown smoke pouring out" of SPI facility M' \\Dove \Users \mlydick \word\Zoning Violations \AclionLog\Bells Flats Blk 3 Tr A_SPI File Action Log.docl127 /2002 Page 3 of 3 rd, CASE FILE ACTION LOG Legal Description '37A 5 ..___ up A &} ,7a4 & S6 Street Address 2-2-- 0l6e� Origination Date ( 24 D 2 Property Owner j t—A. yes c,� Case Number aio� sfra. / . y Dat Action Initial elZt ecia Set .1 vtst Document110 /24/2002 JURID UL_ SHE-_ ROOZ- 2 oo5 MArtin Lydick From: Duane Dvorak Sent: Tuesday, July 09, 2002 9:19 AM To: Martin Lydick Subject: FW: ILLEGAL PROPANE STORAGE Martin, I believe these tanks are involved with the soil remediation use that has been proposed by Soil Processing Inc. for this site which is owned by Brechan Enterprises. Nevertheless, since there is no permitted soil remediation at the site presently, the tanks are most likely in violation because bulk storage of petroleum or flammable products is a conditional use in the I- Industrial zone and no conditional use has been reviewed or approved for this use. I am expecting a permit request to come in for this site tomorrow. In the interim, you might copy the enforcement policies and procedures to Mr. Doyle and check the property file to make sure that no conditional use has been issued in the past for this type of use. Thanks. - -Duane Original Message From: Sharon Nault Sent: Tuesday, July 09, 2002 9:01 AM To: Duane Dvorak Subject: FW: ILLEGAL PROPANE STORAGE This message was sent to info @kib.co.kodiak.ak.us. Original Message From: Jack or Shari Doyle [mailto:redgate @ptialaska.net] Sent: Monday, July 08, 2002 10:51 PM To: Sharon Nault Cc: Ben Millstein; Casey Janz; Cowboy Cobis; Gary Carver; Jim & Nancy Wells; La Subject: ILLEGAL PROPANE STORAGE Mr. Duane Dvorak, Director Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak Alaska. 99615 Dear Duane, JUL - 9 2002 COMMUNITY DEVELOPMENT DEPARTMENT Tonight it was brought to my attention that large propane tanks of were being stored on the Brechan property here in Bells Flats in violation of borough code. I drove by the site to investigate and took some photographs. The vessels in question are very large capacity tanker truck type tanks. I estimate the capacity of the tanks to exceed 10,000 gallons each. There are two of these tanks visible from Salmonberry Drive roadside. Both tanker trucks exhibit DOT placards and stenciled labels identify their contents as propane a liquid petroleum gas. The license plate tag on one tankers expired Sep 99 so the tanker was also move to the site in violation of state law. To the best of my knowledge this property has not been issued a conditional use permit for the storage of liquid petroleum gas. Therefore the purpose of this email and the attached documenting photographs is to bring to your attention a clear violation of borough ordnance. I would appreciate you taking action to have this illegal propane storage activity terminated immediately and the tanks removed from the area. Thank you, Jack Doyle Es le ler ef P7080006.JPG P7080007.JPG P7080012.JPG 1 DpECEOVE JUL - 82002 COMMUNITY DEVELOPMENT DEPARTMENT Page 1 of 1 file: / /C:\Documents and Settings \ddvorak\Local Settings \Temporary Internet Files \O...\P7080006.JP 7/9/2002 Page 1 of 1 IIpIIEfIEO PETAU[EOM CRS file: / /C:\Documents and Settings\ddvorak\Local Settings \Temporary Internet Files \O...1P7080007.JP 7/9/2002 Page 1 of 1 file: / /C:\Documents and Settings\ddvorak\Local Settings \Temporary Internet Files \O...\P7080012.JP 7/9/2002 FROM,:SOILPRO FAX NO. :9072749295 SOIL_ PROCESSING INC. 207 E. NORTHERN LIGHTS BLVD., SUITE 103A ANCHORAGE, AK 99503 FAX TRANSMITTAL LETTER DATE: p TIME: i :'-i p/tti TO: FROM: CONFIRM RECEIPT: Telephone (907) 2743000 Fax (907) 274 -9295 YES ✓ NO TRANSMITTING _PAGES INCLUNDING COVER LETTER, REMARKS: R' ,.J..c -_,06*yx . , /i9,9 /G Jul. 09 2002 02:21PM P1 • Makin Lydick To: Subject: redgate@ptialaska.net Tanker -truck trailer Thank -you for your email notification. This is a situation we are reviewing presently, & have contacted the property owner & the owner of the trailers. @ the current time we don't feel that a zoning violation exists. A more detailed response, including informational enclosures, is being posted to you & you should receive it within the next few days. Thanks, ctsi- Martin L. Lydick (E- mail).vcf 1 redgate @,ptialaska.net Mr. John Doyle III Ms. Shari Doyle 10843 Chiniak Dr. Kodiak, AK 99615 Dear Mr. & Ms. Doyle, Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us July 10, 2002 The Community Development Department is in receipt of your email correspondence notifying us of the apparent staging of bulk fuel tanker -truck trailers on the property described as: Bells Flats Subdivision Tract A Block 3, 224 Salmonberry Drive. We appreciate the timely notification and accompanying digital photographs. The storage of volume(s) of flammable petroleum products, absent a principal land use that the fuel is associated with, constitutes "bulk -fuel" storage and requires the issuance of a conditional use permit in the I - Industrial Zoning District The operator of the proposed soil remediation operation (SPI) has been thoroughly advised of this constraint. In addition, SPI has been briefed on the necessity of applying for the required conditional use permit and the anticipated timeline(s) for issuance if they intend to do storage on the Brechan site. The property owner will also be advised of such requirements in writing. Following our most recent conversations with SPI, the Community Development Department has been provided assurance that the tanker -truck trailers currently located on the property are empty. This assurance has also been transmitted to the department in writing, via facsimile. The Community Development Department has also been advised in the same instrument that the State of Alaska now issues permanent tags for such conveyances and that the tanker -truck trailer(s) meet all current State DOT requirements. Respectfully, Martin Lydick, Associate Planner Code Enforcement FILE COPY Cc: Duane Dvorak, Director, KIB /CDD; SPI; Brechan Enterprises, Inc.; File. \ \Dove \Users\mlydick \word\Zoning Violations\Advisories\BeIIs Flats Tr A Blk 3.doc 7/10/02 i- Duane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Thursday, August 08, 2002 11:08 AM To: Tuck Bonney; Senator_Alan_Austerman; Representative_Gary_Stevens; Paul Horwath; Pat Branson; Greg Razo; Gabrielle LeDoux; Duane Dvorak Subject: FW: Photo's of the Brechan fencing in Kodiak, Alaska Original Message From: Jack or Shari Doyle fmailto :redgatet'a?ptialaska.net1 < mailto:[ mailto :redyateAptialaska.netl> Sent: Thursday, August 08, 2002 8:57 AM To: Jim Frechioneenvircon.state.ak.us <mailto:Jim Frechione c� envircon.state.ak.us> Subject: Photo's of the Brechan fencing in Kodiak, Alaska 1.West Corner, 11. Northeast side 12. Northeast gate, 13. North corner, 14. Northwest side SalmonbeUy Dr... along Sle... Sargent ... Sargent e... on Middle Dear Mr. Frechione, I was asked by the Womans Bay Council to send you these pictures of the fencing that is partially around the Brechan Site located on Salmonberry Dr., Kodiak, AK. This is not chain link fencing and most of it is old and laying down on the ground. There are many gates into this area that are not closed and are just open or unlocked, not that you would need to use a gate to get into this area as many sections have no fencing at all or you can step over the run down fence. This area is easily accessible to children and animals wanting to enter the site. have more pictures of the actual fencing that is laying on the ground if you wish to see more "fencing photo's" and more photo's of a number of gates which are easily walked through or around. Number #1 shows the fencing on the ground in the west corner. #11 shows another typical area of fencing. #12 is a gate on the far side of the property that is left open and unattended, not, as I said before, that you need a gate to enter. #13 is the North section that has absolutely no fencing. #14 is a gate standing on the Northwest side. It has no fencing attached to it nor near it. It is free standing and easy walked around. (.)o /6io7-c(s) l.v ovie Pe. 1 Duane Dvorak From: Jack or Shari Doyle [redgate ©ptialaska.net] Sent: Friday, August 09, 200212:19 PM To: Duane Dvorak Subject: RE: Photo's of the Brechan fencing in Kodiak, Alaska I did not take the photos of the Soil Remediation facility at Bruhn point so I forwarded this to the Woman's Bay Council members to get back to you on this information. Shari Doyle - - - -- original Message---- - From: Duane Dvorak [ mailto :ddvorak @kib.co.kodiak.ak.us] Sent: Friday, August 09, 2002 11:28 AM To: Jack or Shari Doyle Subject: RE: Photo's of the Brechan fencing in Kodiak, Alaska « File: Duane Dvorak (E- mail).vcf » Pat Carlson has asked me to forward to ADEC the photo's of the Bruhn Point soil remediation facility that you gave to the Assembly last night. He suggested that it might be helpful if you could indicate the time and place of the photo's so that ADEC can better judge the situation depicted in the photo's. You can send the information to me by return e -mail or give me a call. - -Duane Duane Dvorak, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 986 -9360 «Duane Dvorak (E- mail).vcf» Martin Lydick From: Sent: To: Subject: Duane Dvorak Wednesday, August 14, 2002 11:06 AM Martin Lydick Complaint of Violation I just rec'd a call from Dale Rice WBVFD about the apparent storage of 4 large propane /butane tanks on the Brechan property. I explained that the two original tanks were observed to be empty by Andy Nault when he was in the field last week and that the other tanks are presumably the ones that will be used to transfer fuel. I presume they are onsite in anticipation of soil remediation activity, but it does not appear that they have begun the use yet and they have been on site for several days. Dale seems to recall someone saying that they could only have transfer tanks onsite for a maximum of two days. I don't know where this is coming from, but it is not spelled out anywhere in the permit. I advised Dale to come in fill out a zoning complaint form and that I want to document all zoning complaints so that we can track them and respond appropriately to them as follow -up investigation requires. - -Duane Duane Dvorak, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9360 Duane Dvorak (E- mail).vcf Q..-A i t e✓ t a4 c-LS a,- 60;01 d W L& 31 CO v. e aviAS , Cc/kJ SPZ 1U3c O- tL 14 4' izrntc s , c "- t/v,01.4 -1/0/ g/(5-1o2_ 1 c-41.045 4-ettA-p-- ect104pv, _Thdd (5yei--r6/)0/-06) (1_4 06 d (� 2-- 4 • D;iane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Thursday, September 05, 2002 8:50 AM To: Duane Dvorak Subject: SPI soil processing plant 23 morning 0830am.JPG Dear Duane Dvorak, I am really very concerned about the fact that SPI is placing the hot steaming cooked soil right next to the propane tanks. Isn't that dangerous? I want to file a complaint with the KIB about this procedure. (Second photo) My second complaint is about the horrible plume of steam /smoke that is rising into the air. It is an abomination to my (first photo) My third complaint is that the smoke /steam smells and when you walk by that area it gets all over your clothes and hair. The smell is atrocious! I thought you people said there would be no smelsI I I II I Shari Hazzard -Doyle Resident of Woman's Bay Community Ueigkb ql/qe(74'&0/974 FPCIU.frta4 ( /) 9 7 ) CT ,e (0417- /loo l 1 Duane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Thursday, September 05, 2002 12:02 PM To: Duane Dvorak Subject: complaint to the KIB 23 morning 0830am.JPG Photo taken of the SPI Soil Remediation Facility in woman's Bay at 8 :30 A.M. September 4, 2002 at the Brechan asphalt sight on Salmonberry Drive in Bells Flats. Isn't this a lovely sight to wake up torn? ?? Wouldn't you just love !t. Pretty impressive wouldn't you say ?! I want to file a complaint against SPI with the KIB. The noise is terrible, the smell is disgusting and it got all over my clothes and hair yesterday when I walked by there. I had to go home and shower to get rid of the smell of burnt chemicals! The sight of this thing is atrociousl!III! I want to file a complaint about having to look at what is about ten times the smoke/steam plume that the asphalt plant created and I complained about that, because it was so bad! I cannot believe you expect us to live with this abomination!!!! Shari Hazzard -Doyle Resident of Womens Bay 1 Page 1 of 1 file: / /C:\Documents and Settings\ddvorak\Local Settings\Temporary Intern...123 morning 0830am.JP 9/5/2002 Page 1 of 1 file: / /C:1Documents and Settings\ddvorak\Local Settings\Temporary Internet... \9 morning 0830am.JP 9/5/2002 Martin Lydick From: Martin Lydick Sent: Thursday, September 05, 2002 11:57 AM To: John (Jack) Doyle III (E -mail) Cc: George H. Cline (E -mail) Subject: SPI Thank you for the emails (w/ attached jpg images) this morning expressing your concerns re: the operations of SPI. The director will be making arrangements to perform an onsite inspection later today, however, the specific concerns you expressed this morning do not appear to involve any substantive zoning issues, and are outside our field of expertise & jurisdiction. The KIB CDD delayed issuing the zoning compliance permit for SPI's operation until after the agencies with primary jurisdiction for the issues you raised signed -off on SPI's ability to meet the performance standards contained in the code. We believe that concerns related to pollutant levels, or fire /safety questions should be forwarded directly to the agencies with primary oversight & enforcement capabilities for those issues. Should any of these agencies find a violation or issue a stop work order, the KIB CDD will of course honor their finding(s) / directive(s) & place the zoning compliance permit issued to SPI in abeyance. We would suggest that concerns re: pollutant levels should be addressed to: —1 Tom Turner Concerns regarding fire /safety issues should be addressed to: Fire Marshall Andy Nault: anault(acitv.kodiak.ak.us or Z. B. 0. Leonard G. Kimball Thanks, Martin L. Lydick (E- mail).vcf 1 Duane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Thursday, September 05, 2002 9:07 AM To: Tony_Knowles; Senator_Alan_Austerman; Representative_Gary_Stevens; Kodiak daily Mirror; Fran_Ulmer; Duane Dvorak; Carolyn Heitman; Darlene Turner; Gabrielle LeDoux; Greg Razo; Pat Branson; Robin Heinrichs; Tuck Bonney; Wayne Stevens Subject: contaminated soil left uncovered! 2 morning 0830am.JPG Contaminated soil is left in the open by SPI Soil Remediation Facility in Bells Flats. What will wind and rain do to pollute our water and air with this contaminated soil blowing around and washing into our community ? ? ?? Shari Hazzard -Doyle 1 Page 1 of 1 file: / /C: \Documents and Settings \ddvorak\Local Settings \Temporary Internet Files \OLK3 \2 morning 0830am.JPG 9/5/2002 GP4 -- Soil Remediation Unit General Permit Attachment 1 - Visible Emissions Forms Page 1 of When doing readings: Maintain a distance of at least 15 feet from the emission point; When possible while still conforming to Method 9, select a position to minimize interference between sources; If interference cannot be avoided between sources, use the least stringent opacity standard that applies to any of the sources involved; and If wet dust suppression is used. read the part of the plume where there are no visible emissions caused by water mist. Company S.>; l Frbeef J 4yyR 11(r• Location ael 15 Flet-k 110d is Test No. Date c ^3/ -�� Soil Remediation Unit: Source Production Rate: Hrs. of observation: Tons/hr Clock Time Initial to,t "n . r �ha SOURCE LAYOUT Sun location 5 CH A.o.r um t //cam Emloslon Paint Obasrvers PQsitIOn line Observer location Distance to discharge Direction from discharge l leight of observer point ° f y} Clock Time Initial final Observer location Distance to discharge Direction from discharge l leight of observer point ° f y} 5-- g•-•"+ Background description '71T^-e1/6 A-nlDyn Weather Di conditions \Vind Direction Wind speed Ambient Temperature Relative humidity /// �� ! 1CJII `fir I Sky conditions: (clear, overcast. % clouds, etc.) Da re Plume description: Color `r `' AC. Distance visible ,70 Water droplet plume? (attached or detached ?) tj,0�51 Cl TTgL' Ff a) i Other information Use the procedures specified in 40 C.F.R. 60, Appendix A, Method 9 to perform this observation. old -I SF(. May I,logl3 b/02-- - FINAL A GP4 — Soil Remediation Unit General Permit Visible Emissions Observation record Part 2, Observations COmpany (bee 5-5.1 ierfjttj Pageof 2N Test Number Clock time it qb Method 9: A minimum of 25 readings every 15 seconds for a total averaging time of 6 minutes. Method 22. A minimum of 15 minutes on each side of the bui1din• for a total duration of 75 minutes. Date: Visibility reduction every 15 Seconds (Opacity) . (check if applicable) Comments . 30 45 Attached Detached muirmiorimumirevri iiiremiconsirmi rnt-illwammummm. imirearamwmmureanmilmim ImmdlINI 6 111WIIMINMINIMIIIMINIII■11111111 NIIIIP/11 MI 111 11111 111111111111111111. alIl 111111111111=1 1111111•111111111■ Ad. .nal info lthtiori: Obsery Signature Average Opacity Summa Set Number Time Opacity Start--End Sum Averan Innell"1.11111111M.111111U1111 11111111111111111111.111111111111.11111111.11.1111111111 111111111111111111Mill 1111111111111111111... May 1, 1998 -24- FINAL AiasKa Source Testing LLC 520 W 53m, Unit A Ancnorage, AK 99518 VISIBLE.EMISSION OBSERVATION FORM SOURCE NAME OBSERVATION DATE START TIME 10(0 STOP rime 1-5111 15 30 45 i 1 0 0 0 ID 31 CITY 40QA2tk S TA STATE zi • 2 0 0 so • 32 0 0 C.) - • SOURCE ID NUMBER 0 4 Ril EMI eRouss EOR1PMENT tra ii)VaArte OPERA TING D • 0 0 75 CONTRWSVIPNIkyr ti OPERA TING MODE 0 0 35 37 ' DESCRIEE EMISSION PqkT START aa ,1 STOP cale$42. 8 . 38 rifiGHT ABOVE GROUND LEVEL START Ki STOP HEIGHT RELATIVE TO OBSERVER START 101. STOP 39 10 i 40 1 DISTANCE FROM OBSERVER START GO/ STOP OIRECT1QN fROM OBSERVER START \N STOP 11 41 DESCRIBE E ISSIONS 12 42 START c ea. . STOP IL. IIIIIEIMIII EMISSION COLOR TYPE: STARr clearzsrop PLUME CONTINUOUSle FUGITIVE 0 INTERMITTENT O. 14 4 i WATER DROPLETS PRESENT: IF WATER DROPLET PLUIV1 : 15 45 NO 0 YE 46 A TTA CHEDX DETACHED 0 E A POINT IN THE PLUME AT WHICH OPACITY WAS DETERA41111 0 START in I One, STOP G24.,\PO . ESCRIBE BACK 0 ND 111111111111.111Milllirlall S T A R T VV1,tol t $ STOP qtyy‘Q Ell IIIIIIII AC.CGROUND COLOR START & A STOP S CQjTI04dS 1 . . MI START STOP 20 50 WINO SPEED j?_:AR...<2Z_AD STOP wl 0 OJRECT e N 21 S ART TOPfMr4.. 22 52 AMBIENT TEMP STA Te.$114 S T OP WET BULB SU&R TEMF- RH.percetfl 23 53 24 54 IIIII Source Layout S.keten Draw North Arrow 25 5 I • • MEI .Sun-% YVincl -. Plume and ----- 4 m 0 n P,. , / 111=11 30 NM 66 1111111.111111 Observers Positam AVERAGE OPACITY FOR o NUMBER OF READINGS AB VE HIGHEST PERIOD % WERE SiacA 740° RANGE OF OPACITY READINGS MIN/MUM MAXIMUM aril LQC4C1011 one OBSERVER'S NAME IPR NT kk-JD• .t_ COMMENTS S PI , , , , it km.Q., , A 4 Z...., oRGAN/ .., , , HAVE RECEIVED A COPY OF THESE OPACITY OBSERVATIONS CERWEDA,BY krip . . SIGNATURE l ■ DATE TIrLi 0.415 vEAIFIED BY DATE FROM :SOILPRO DATE: CI TIME: AB' 3 (--) FAX NO :9072749295 Sep. 06 2002 03:38PM P1 SOIL PROCESSING INC. 207 E. NORTHERN LIGHTS BLVD., SUITE 103A ANCHORAGE, AK 99503 TO: FAX TRANSMITTAL LETTER P.-a A 10 0 a itC• 9'3 FROM: CONFIRM RECEIPT: Telephone (907) 274-3000 Fax (907) 274-9295 YES NO TRANSMITTING PAGES INCLUNDING COVER LETTER, REMARKS: FROM :SOILPRO (--") FAX NO. :9072749295 Sep. 06 2002 03:39PM P2 FFom S1I Pr-ut.cs5ing FAX I. : 054-.3301 Sep, O6 2002 02;41P1 Pi Protest Gathering AGAINST THE CONTRMINATED WASTE REMEDIRTION FACILITY We need our voices to be heard, so please come and help us. where: Lake Orbin Bails Flats, first turn olf before. Russian River. when: Saturday September 7, 2802 Time:10:90 111M. to 1:611 P.M. (We don't want to stand in the toNlc steam too long) Come and show your support against this!!!!!!! :11101(11111 Duane Dvorak Page 1 of 1 From: SPIALASKA@aol.com Sent: Friday, September 06, 2002 11:21 AM To: Duane Dvorak Subject: Fwd: Complaint 2002-480 -Closed Duane, Per your request your request 1 will forward all infromation that is sent to me by the ADEC. The compalint does not Iist the name, but 1 know that it was Sharri Hazzard Doyle. Miss Williams verified that when we spoke on the phone. Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Whew Violatio is Occuring: Arn ova're.A ,e)4q-att—, Street Address Zoning femcii-Q/.41 Property Owner of Above Property Tenant of Above Property (Name & Mailing Address) (If Applicable) Telephone: Telephone Complaint: pf-- a I a5 complainant (Name & Mailing Address): H-Pf-R■ ProfIRD- Z 8413 C4( rU ciok qq6/3-- Signature. gg?-6/0c/c, INIACD\Zoning Enforcement\Zoning Violation Complaint.doc Date DEVELOPMENT DEPARTMENT Madick From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Wednesday, September 11, 2002 11:15 PM To: Duane Dvorak; Martin Lydick To Duane Dvorak and Martin Lydick, I have contacted the Alaska State Troopers and SPI both at 10:50 PM on 9/11/02 about the noise they are creating at night. I am sick and tired of having to listen to that noise every night! ! ! ! If I made that much noise, I would be arrested!!!!!!!!!!!!!! 111!???!? i i i t i ! t Now I am asking it be shut down so I can get some sleep at night!!!!! There are noise ordinances for neighborhoods!!!!!!!!!!!! I have a living to make and I need sleep in order to do that " ? ! ! I bought this property in Bells Flats for the silence at night. I hate noise and sounds at night'"►►►►►►►►►► I want peace and QUIET►►►►►► NOW►►►► m This, by the way, is yet another complaints►►►►►►►►►►► Shari Hazzard -Doyle 1 Cecil Ranney 11240 Womens Bay Dr. Kodiak AK 99615 907 487 1967 September 8, 2002 Pat Carlson, Manager Kodiak island Borough 710 Mili Bay Rd. Kodiak AK 99615 Pat; ECEDVIE SEP 9 2002 COMMUNIIY DEVELOPMENT DEPARTMENT I am not a complainer. I have lived in Bell's Flats for three years and although Brechan's asphalt plant is sometime noisy and smelly, I enjoy paved roads and the plant only ran for a few days during nice weather. It never ran through the night. I do have a problem with the new soil remediation plant that recently started processing in the same area. The problem is noise at night. I listened to the debated during the permitting process and tried to stay objective. I don't know enough about the science of the process to voice any 'concerns. I took the owner of the machine, state officials and others at their word that the process is clean. But at the same time the same people assured me that the noise would not be a problem. Well it is. The first night, Tuesday. Sept. 4, the machine ran all night. My wife and I could not sleep with the racket. It is not a steady noise that one can adapt to. It is a low rumble that varies in intensity, punctuated by rattles, bangs and clanks. We normally sleep with our window open for comfort and health. But even with the windows closed the noise was impossible to block out. It was a miserable night. I complained to a borough official and the next two nights the machine was shut down in the evening. With the machine shut down we noted that this is a very quiet neighborhood. Any new noise is an intrusion to the peace and quiet we enjoy in this area. The problem is more than the level of the noise. The plant is in an unfortunate location. It is at the end of Lake Orbin and in the center of a natural amp theater. Sound travels well across water, especially at night and the noise of the machine echoes through the surrounding hills. 1 feel that since the permit was granted with the assurance from the owner that the noise would not be a problem and that proved not to be the case, we should take another look at the permit and add a provision that he not operate his machinery at night. After two nights of peace he has started running the plant through the night again. After a miserable Saturday night 1 sit here Sunday morning feeling very grouchy with a headache. 1 ask you and your staff to do whatever you can to get the plant shut down at night. Thank ydu, Cecil Ranney - 11 ID 0L2 s g r7 Jec • K1A NsoccizA. /1/Golok 4 5 CAI x■GLV-k— 5o Acc- Rxe) e.oGJA Vv2_0.r C-4 54 6Ice_c- 61.5 57 SPECIFICATION COMMODITY : SOUND LEVEL METER MODEL NO. : SM -6 This is sound level meter Model SM -6 has been developed to measure most of the sound with equipment of weighting network, Function (A) general noise measurment, Function (C) sound pressure measurement. Powerful instrument in measuring sound field of stereo and environmental various noises. * Characteristic of Frequency Response * Characteristics of Directivity and Efficiency of Speaker System * Sound Pressure Distribution, Group Noise and Noise Insulation in Listening Room * Adjustment of Output Level of Multi Amp Stereo * Dynamic Range * General Environmental Noises SPECIFICATIONS : Measuring range : 40 - 110 dB Weighting networks : A & C (International Electrotechnical Commission) Meter : Ribon suspended. Scale graduated in dB from - 10dB to +10dB. Battery check on meter scale. One standardized meter damping characteristics "FAST ". Microphone : Electret condenser microphone. Frequency range : 31.5 Hz to 8 KHz. Battery, : 1 piece (006P) 150 hours battery life for continuous operation. Dimension : 10.6 L x 6.6 W x 3.6 H (cm) weight : 150 gr. (5.4 oz.) including battery Accessories : Earphone & Battery (9V 006P) INSTRUCTIONS: 1) Before removing battery cover and connect battery with snap correctly make sure of power switch to be at OFF position. 2) Move power switch to B. CH position to check voltage. Indicating pointer in red line zone means proper unit operation. 3) Move power switch to ON position, read meter level adding figures given on level range switch. For example, when pointer indicates 5 and level range switch is set at 60 position, measurement is read to be 65 dB. In case pointer indicates below 0, value is to be measured subtracting from figures given on level range switch. In such a cace, measurment is desired to be made in changing level switch to lower range. When sound level avove 80 dB is to be measured, change LOW -HIGH level switch to HIGH position, then levels can be measured up to 110 dB. 4) Ues function switch C, When sound field and other physical sound characteristics are to be measured. Use func2on switch A, when general sounds sensible to human and noises are to be measured. 5) Connnecting with monitor jack, use earphone to catch and magnify sounds hard to listen. CAUTION FOR USE: Be sure to check battery before measuring sounds. When pointer indicates off red line zone, new battery should be replaced to avoid measuring error. Duane Dvorak From: Erin Whipple Sent: Friday, September 06, 2002 2:36 PM To: Duane Dvorak Subject: RE: Weather report From the Kodiak weather service at the airport - the temp at 11:00 am was 54 degrees with very little wind (your truck was pretty much right on). Erin Original Message From: Duane Dvorak Sent: Friday, September 06, 2002 2:01 PM To: Erin Whipple Subject: Weather report Erin, could you see about getting a weather report from the Airport this morning about the time we were in the field. I forgot to do that and got side tracked. Thanks, - -Duane Duane Dvorak, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -9360 « File: Duane Dvorak (E- mail).vcf » 1 Decibel Levels Of Some Everyday Noises •-•••••....•,-••....-•--- Whispering Quiet Library Talking rather loudly 10-20 dB 30 dB 60 dB Vacuum cleaner 75 dB Heavy traffic noises Train heavy truck Stereo headset Thunder Rock concert 85 dB 90 dB 100 dB 110 dB 120 dB [Jet engines 11120 dB (at a distance of 100 feet) CIIVT SCA' tfe.`,/fr474.414 1,r4iJdillVq.'llid Ittrii 0 i=e1 Linr.rrelee.T. :yr 141 liwry Trim< a vj voNncycle P cr Lamm:met • Stiboo 1 chrilm.° =re vcl- rpOre.- Pinaspic motamoN fcalo Pauemgar 1-040 Kfitlpe Auttwati ;I. IL Su Ft, elotarrobrIC Paitcoloi 1.0110 S1N11) 1 o01$ Fzno d lortlo 44tuvo creur 0,11):-.■tiores• tv.id.niti p■•• Verslirg Mrztri lit igrItitug .).VA,Nt1/4 VMVA 7 0.7.. NSF NV.Z.NNS".".1Nr VS'Y VANS:1%, WAX, r ANNIONN714, Slf Zr".....427151141111;soitztatturz,. tOrig4.7.004$4 COK,410k4+ 4141* r»m' I o• ••;48••••••••• • • ••••.••••• , mmalu mum iz/tWiara1;44 ""1-4,r4i;;;r1.14417;:Zr-11#4 4161I1 rii LO V=.1.1.3i.A1Pe4.74310;444i$W ° 4$!..Wii4;441 0 '1C0 151.0:4alciltaiScup1 FIGLIREA:,• !TYPICAL RANGE OF COMMON SOUNDS 120 Duane From: Sent: To: P9130C,JPG Jack or Shari Doyle [redgate@ptialaska.net] Monday, September 16, 2002 5:29 PM Fran_Ulmer; Gabrielle LeDoux; Karen Yashin; Lauri Madsen; Rose Cobis; Beverley Williams; Carolyn Heitman; Duane Dvorak; Fran_Ulmer; Randy_Lucas; Representative_Gary Stevens; Senator_Alan Austerman; Tony Knowles; Sheila Roberts; Jim & Nancy Wells; Gary Carver; Cowboy Cobis; Casey Janz; Ben Millstein; Darlene Turner; Greg Razo; Pat Branson; Robin Heinrichs; Tuck Bonney; Wayne Stevens Oro IA) ook_ gfe� One of my neighbors, Linda Estes, called me at 4:15 pm today, September 16, 2002. She had taken her dog, Dolly to the vet because its asthma has been acting up lately and becoming alarmingly worse, just since the well known SPI moved in and started the soil remediation facility. Dolly used to have an attack once in a while, perhaps once a month. Now she is having continuous problems everyday and Linda has had to up the dosage on her dog Dolly's medicine for asthma. She said the vet, David Colwell, told her that dogs are much more sensitive to things than people and because she lives so close to SPI, he is sure this is what is affecting Dolly, the dog. This is alarming to me. If the dog Dolly is having trouble breathing, then what about people who are being subjected to this??? Secondly, |' st h ed to be following Brechan Truck h this aftern at about 3:15 pm today, Monday September 16, 2002, carrying contaminated soil and he went to the SPI facility as I followed him since I just happen to be going in the same direction, being I live so close to SPI. The cover was blowing about in the wind and soil was being released from the truck. Dust was blowing out from under the cover that was not pinned down. This is exactly one of the problems we knew would happen, They are not taking precautions to keep the contaminated soil contained11111 So this is a formal complaint both Kodiak Island B h ADEC, and my congressmen. |vvant protection from this contaminated soil!!! No one is doing what they promised!!! Not the trucks hauling this stuff nor SPI. They don't bother to keep the soil in the trucks from blowing out, nor do they cover the soil at SPI when it is windy or raining, they have 3 tankers of propane when they said there would only be one, and they said we wouldn't even notice the steam/smoke plume? Take a look at the picture attached!!!! This is our valley on Friday September 13, 2002 at 10:30 A.M. The plume filled the whole valley! Shari Hazzard-Doyle 1 • Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description o,Propert Where Violation is Occu n : Street Address Zoning Property Owner of Above Property (Name & Mailing Address) Tenant of Above Property (If Applicable) A,AA Telephone: Telephone Complainant (Name & Mailing Address): /.(3 (-/-1(A)/tAK COV_ V b e Signature. MIVILINITY DEVELOPMENT DEPARTMENT NACD\Zoning Enforcement\Zoning Violation Complain t.doc SPI steam /smoke plume taken from Nancy Krackes deck on September 13, 2002 at 10:30 A.M. SPI steam/smoke plume taken from Nancy Krackes deck on September 13, 2002 at 10:30 A.M. SPI steam /smoke plume taken from Nancy Krackes deck on September 13, 2002 at 10:30 A.M. Duane Dvorak From: gary carver [wooak@ptialaska.net] Sent Wednesday, September 25, 2002 8:57 PM To: Womens Bay Community Members Subject: Thursday meetings From: Sheila Roberts, Womens Bay Community Council To: Community members It's time to divide and conquer Cowboy, Ben, Jack and Shari had a very positive experience at the City Work Session. The City was discussing giving SPI more soil to burn. After listening to our fellow Bells Flats persons they decided to postpone awarding them the bid at their Regular Meeting until our litigation was final! With that said, Thursday, September 26 has Several events that we are trying to gather support and visibility. Thursday, September 26; 7:30 p.m. - City Regular Meeting. We should be represented to thank the City for listening and working with our community and making sure that the award does indeed get postponed. Also at the same time down the hall Borough Work Session....word has it that the noise ordinance will be on the agenda! THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediatioo site In our residential neighborhood as well as the faulty decision making process that led to tbb situation. 32_ J tit 8i3° k V ti \a 1A J24s5I VCC/1Io.c fri gzurt iZ.7s6 Pr - 1/ 5� ' - 2 •Y. 5Lk- zyo 4 6X za LJDO It ( k 7 -2347 '%,P-Ih'/ • WE THE PEOPLE, of the Kodiak Island Borough protest the operation and Location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. ADDRESS 4 go“ Mac �- / /V-© s° PHONE # e6-37ff 7- c 9LL) 2-3S-67 71 A ? Late el, r 1119 G Q . L4ke -,J' /223 / /!%I leek, F013 2- 4�7.- 721 910"17)1 411g7- "S7 aS 3 4 �t � _ 1h►5��Dr� Z 31.41/0u... C ;%- OF5 3 Kaki n • tit-7- d:71 Ili /U 41:61 X187 pJZ INX6 ' . Et,'Ah S 240 -4ldeR LUG • .. . ,►: , • .J 145.1k .24 .+gin►.:: - f :fra r7 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS talc Tr'oeJt it347 oda Dr: • - .0 f411 PHONE # ciT7 133 ••• L4T7 43; 4.q."7 —411S / A fri /,. Agemit■'' .42,-,zezt/ f 1 . • • MTIMIIIPPMIPMINVSIIIIMKIIIIIIIWAMEJ r _ 0: • r'r F PS+ olk Lax\ 1 A 9 ti A-134,`;4, Ca 1 'i5 'CZ ••N` LhjII ZIA/4 A_ 3 a...de...sot-. totu.'N fri I GHIA:- 4.-41s7Barrok Cillge- Gil sixiiesck_ 6ex-egi-A tO1J67L. Kkain Makiet L2 1s. 0 o C,L ;:z..,‘ 4, C.- , .& '0,, • r ‘v).•453 KcOs co 3 P2-414 2. /4J0(I J. .5 iiqw-otr St 3 Le4.5( 4 01-3(07 62- S -slow 42•- -3(;f6 461.- 2-2,413 /INS -4/0 S/41',/ /7 z? 13006 to ocj, / 0103-5 taflizt a-- £ 2-‘*7-54/.7, 2rctifs WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in • I neighborhood NAME ADDRESS % PHONE # 60041/ IIlca S. tussi.ak, L '4th 'kAA` \ C t� n�� ', Lvso S l YC-1nc 1JL Cl�Cf l 2 / 4/GGJL 1,4, 7T 447 .' V 7a C� k 44'7✓ >341- — cf' - 2 I i-5 STY °rScs-► Qc — L�1!�r- •iq►7i►r Frances -des rch Ilia$ ea rdej A I - L1sic1 I ni:4(11 e 643 Are (13 REsrb' (C et cc-zAJ 1Cfv 4ac sF,, s Rt - cC,� -Sr4f tioet-R L222 2 Rf o Crt / 6216144.00 6( L4 e_ P, C} (3ox f 11 \ o te\1 g F. Icti rvt)2() .6147 A/a f. (€ C A�►S OAP'? 5 c<H AiNai GtJ. r neiiA)� pfizr /97a- ft) t. VQ P::Vk'e 1101.E o No (. !051535,4�ot,- rr 1 e9 -y33b tRac. 9s7 D x-16 Ef� voc 7 y le7 -zGia eu 7 7 T i (1 -7a13 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. -41"- ft(1-.12-te-- WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of a coutainiaated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME 014PxUJ f_ 'AL. ADDRESS 4114 . PHONE # , f - `7-L -•`i X13 4 X, qr'6- 2s ff AIIIVEMat17 4 .,/3- f/ Uri y 12 p 1lOtoJ h e4 1 -CI 7.1 09// P2d?4 ,fir aY75 i QM '►- 1 rri L 0 3 Y3, D orn I 315 -"Ismc �Taii 2. 2. r C. ■ Ort -, �3 siSrl ov€,-3(�1 s.AIRM 4 i 3• �: � 1'. a 1 — dot t g 1 1 Ci i • 240 h •ev 'g0. 4-$ ?- 225. /01137 tarnms- Sat 1127-5/996 S 1Z1I I Nash _ 7""Y639 W194 5. PAPSAILI.A Ck. Ud ' 1 as •�r-A�y_az r.� 6- 4y�y RSNi jy eJ 1k S Ka rem }nl1'vi k( rf'?/ a- re..fr�e" 't WE THE PEOPLE, of the Kodiak island Borough prcasc the opera and location of a contaminated sail remedwtlon site in our residential neighborhood as well as the faulty decision making process that led to this sitaati6u. WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # C ..vii 5K4 Box y ryes' St I ijcz Su. %( 7. Zr Z, £7 ee /4,7� G 11513. hidhe1,7 DA . (/J�' -i yb rJ OZ /Y' /d. /h Pity Dr /(7 -4/47 13r is , 6474,75.1-7, i3 -1 -13(05- N �.t Po8ok o7 C1d3S-0 Key_Z33.3 PL'f DoXzsa3 11131 M bAc 84-Y Vt1 7. -i7co f �-i eit'ir. 4 wen.;VIG- 11132 Lakr 6640 frck. 71X'1 -r?o7 A7-i-+�SV cc, 1 Z7 Lk. 78 ±q S WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of $ contaminated soll remediation site In our residential neighborhood as well as the faulty decbion making process that led to this situaddn. NAME ADDRESS 0 o 41 11•111111110MMT 411; a e■ OM: :166 qZLt /1111 PHONE # c. —2 vi Li) A.) 11 .4 1c) IS) s 16 C ctilS ArINA IkVkV Priti 14ki) AJA-T-0 Lks.. 50— I PS-gel et*: 4 44 it< 1/3 it, WOMidL flfry-DP 1/ 7 - 1(99 7 - eiri9 4 o3 f2 C. '62 V2-94 1(1.5.5 ii IS 2,c■ r'%o c0c- ie,".9 • 10 fe is WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. ,,5S(5 • THE PEOPLE, of the Kodiak Wand Borough protest the operation and location of a contaminated soil resnediation site in our residential neighborhood as well as the faulty decision making process that led to tbb situation. NAME ADDRESS itS,4v.Cr_ou t IPh1i (21f9ttin Llop 41$24 CfIn4.. i73uL4 jtS &giv'i 109 4161(2a 19 ILI 1- xf't WE THE'PEOPLE, of the Kodiak and location of a eonhuninatad soil neighborhood a$ wall as the faulty this situation. NAME ADDRESS . • • protest the operation don tie in our reds Alia process that led to -1-47 PHONE # ■■•54■••• LW 7 it , fitgal 1 )Ai- :a , waimismgreiummum t• 21- z._ k, OMAN 9 i• oi . datik# .41 2 . WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision maidng process that led to this situatiOn, „NAME ADDRESS c") is/ fld," <'• 1134-: PHONE N V1'-) Th1' Melee 'Z34 41z; et: '424-1 -44/./ UJ L.. r, r (11 J.! -1 •-• ‘tt ria ke / A re, - <2: /-1/. AIMINMEIERsimesilln..•■•■•••••••iii.. , • . ,iJiCfj//CJ da, ' • ‘11=•.111171.7■101/1171111....., t-\ • X. ".;;, , 14. • ; r V • ' ti - t '7 • ; 12_14:1_64.4:6, Kodiak Island Borough Community Development Department Zoning Violation Complaint Form TVCEPWE OCT -32002 COMMUNITY DEVELOPMENT DEPARTMENT 1 wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Prope Street Address y Where Violation is Occuring: 1. Property Owner of Above Property (Name & Mailing Address) Zoning 0,4 Tenant of Above Property (If Applicable) Telephone: Telephone Complaint: Cr, /Thrle`-0Th"--(1-4-kj.e AY73-4 4,1/4J Complainant (Name & Mailing Address): Staff cepting Complaint: t 44`z-z:rre 031 /M>L/3 C14-inh 19K 0R Date ION NACD\Zoning Enforcement\Zoning Violation Complaint.doc Kodiak Island Borough Community Development Departmen Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, •and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occuring: Street Address Zoning ,MAd Property Owner of Above Property Tenant of Above Property (Name & Mailing Address) (If Applicable) Telephone: Telephone Complaint: 0 2cxDZ Complainant (Name & Mailing Address): t-31AE, Staff Accepting Complaint: Signature: Date kp ( Ig N:\CD\Zoning Enforcement\Zoning Violation Complaint.doc Duane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Sunday, October 06, 2002 5:58 PM To: Beverley_ Williams; Ann_Lawton; Randy Lucas; Paul Horwath Cc: Tuck Bonney; Tony Knowles; Tim and Lisa Booch; Representative_Gary_Stevens; Martin Lydick; Jim & Nancy Wells; Gabrielle LeDoux; Fran_Ulmer; Duane Dvorak; Tim_June @gov.state.ak.us Dear Mr. Randy Lucas, ADEC air quality control, You might not think that having to smell the nasty fumes in our valley is anything illegal or anything to be upset about but I am sick to death of the fumes making me ill and giving me headaches on days that a light breeze/ inversion brings that carbon monoxide smell into my yard and my homelilil All day Tuesday and Wednesday, October 1 and 2, 2002, the carbon monoxide coming from the Brechan site on Salmonberry Drive was so bad I had headaches all day and stomach upset. If that isn't bad enough to be illegal, then I think I should be able to come into your office and park my running car and let the exhaust into your workplace and see how you like it. That is exactly how bad it ism imiit It is like being behind a running car when there is no windiiiiiiiiiiiiiiiiiiiiiiiiiii The fumes were in my house and everywhere! I should not have to put up with this and neither should any of my neighbors! I should not have to prove that my air quality is so horrible am sick! This is supposed to be America! Since when does industry have all the rights? And since when do they run ADEC? And why won't you do anything about it ? ? ?? I am not the only one in this area to be complaining about it! I know others are having the same problem on the same days because several of my neighbors call me to complain?J!I!I11111uum They don't know what to do! I cannot tell them what to do anymore as ADEC does not respond to our complaints! Where do we turn when our environmental agencies will not even respond or listen? They take the word of the people who work for the industry itself, namely SPI and Brechan Enterprises! It seems to me that if the people who are in the industry are allowed to monitor their own emissions, and determine how much carbon monoxide I have to deal with day after day, that is just a bit of conflict of interest wouldn't you say? This is another formal complaint to you about the extremely poor air quality on days that we have an inversion in this valley! It sure would be nice if someone would get in their car or airplane and come here to test the emissions themselves on the days that people are complaining, instead of on the days that there is no inversion or by taking the word of employee's who work for Brechan Enterprises and SPI! Everyone in this area of Alaska is wondering what ADEC is for, if it doesn't care about the people who are having to live with carbon monoxide poisoned air! I have heard many complaints from people who say you ignore their email and their phone calls and you don't return them. I know it is true because, you have ignored my complaints as well. We have all lost any faith we ever had in your agency! Personally, I really think writing you and complaining is a waste of my time as nothing will be done about it by your agency but I keep hearing people say I should complain to ADEC about it, as they are the agency who is supposed do something about it air quality violations. Shari Hazzard -Doyle Kodiak, Alaska Womens Bay Community 1 N Dvorak (E-mail); Tim June@gov.state.ak.us; Horwath, Paul Subject: RE: GPl and Brechan Enterprises Inspection Reoortm Importance: High Mr. and Mrs. Doyle, Attached are my Soil reth compliance evaluations reports for my inspections conducted at the aforementioned facilities in Bells Flats, Kodiak Island on 9/18-9/20/02. If you should have any further questions do not hesitate to contact me. «File: SPI 9_20_02 Inspection Report.doo>> << File: Brechan 9_02|nspection Report.doc �w Thanks, Randy Randall E. Lucas Environmental En Air Quality Compliance Inspector Air & Water Quality Air Permitting/Air Compliance 610 University Ave. Fairbanks, Alaska 99709-3643 Work Phone: (907) 451-2149 Work Fax (907) 451-2187 Emnai|:duooe@envi000n.ehate.ah.ua Message----- From: Jack or Sharl Doyle fmmiltz .nag Sent: Sunday, Octobe 06, 2002 5:58 PM To: Cc: Tuck Bon m and Lisa B d` Jim & Nancy Wells; Gabrielle ueooux; Fran_Ulmer; Duane Dvorak (E-mail); Tim_Junecgov.state.ak.us Subject: Dear Mr. Randy Lucas, ADEC air quality control, You might not think that having to smell th fumes in valley is anything illegal ing to be upset about but I am sick to death of the fumes making me ill and giving me headaches on days that a light breeze/ inversion brings that carbon monoxide smell into my yard and my homme|||/| Alt day Tuesday and Wednesday, October 1 and 2 2002 the carbon id coming from the Brechan site on Salmonberry Drive was so bad I had headaches all day and stomach upset. If that isn't bad enough to be illegal, then I think I should be able to come into your office and park my running car and let the exhaust into your workplace and see how you like it. That is exactly how bad it isll II ml It is like being behind a running car when there is no The fumes were in my house and everywhere! I should not have to put up with this and neither should any of my neighbors! I should not have to prove that my air quality is so horrible I am sick! This is supposed to be America! Since when does industry have all the rights? And since when do they run ADEC? And why won't you do anything about I am not the only one in this area to be complaining about it! I know others are having the same problem on the same days because several of my neighbors call me to complaint 'Ili m They don't know what to do! I cannot tell them what to do anymore as ADEC does not respond to our complaints! Where do we turn when our environmental agencies will not even respond or listen? They take the word of the people who work for, the industry itself, namely SPI and Brechan It seems tC, that if the people who are in the industry ,allowed to monitor their own emissions, and determine how much carbon monoxide I have to deal with day after day, that is just a bit of conflict of interest wouldn't you say? This is another formal complaint to you about the extremely poor air quality on days that we have an inversion in this valley! It sure would be nice if someone would get in their car or airplane and come here to test the emissions themselves on the days that people are complaining, instead of on the days that there is no inversion or by taking the word of employee's who work for Brechan Enterprises and SPI! Everyone in this area of Alaska is wondering what ADEC is for, if it doesn't care about the people who are having to live with carbon monoxide poisoned air! I have heard many complaints from people who say you ignore their email and their phone calls and you don't return them. I know it is true because, you have ignored my complaints as well. We have all lost any faith we ever had in your agency! Personally, I really think writing you and complaining is a waste of my time as nothing will be done about it by your agency but I keep hearing people say I should complain to ADEC about it, as they are the agency who is supposed do something about it air quality violations. Shari Hazzard-Doyle Kodiak, Alaska Womens Bay Community Duane Dvorak From: Erin Whipple Sent: 09, 2002 10:59 AM ' To: Martin Lydick Cc: Duane Dvorak Subject: Complaint Sherrie Doyle called to complain that today, in her yard, the air quality is so bad that her eyes are burning, it's hord to breath and she has o terrible headache. Erin Secretag Community (90) 48 6-9363 � 6 Martin Lydick From: Karen Yashin [kyashin @kodiak.k12.ak.us] Sent: Monday, October 07, 2002 2:46 PM To: Martin Lydick; randy_Iucas @envircon.state.ak.us> Subject: SPI in Bell's Flats Dear Sirs; This letter is in reference to my objection that a soil remediation facility is in the midst of what used to be a quiet neighborhood with relatively clean air. Not only are many residents of Bell's Flats being bothered at all hours of the night and day by unsightly, supposedly clean steam....but we are being deprived of normal sleep by the incessant background roar, clinking and clanking that is a part of this unsightly, unethical, and perhaps (as yet to be determined) illegal operation. Last week I was foolish enough to think that I could try to sleep with my bedroom windows open....a practice I have been free to do for years and now CANNOT do without repercussions. Noise from SPI woke me up at 3:30 in the morning (Oct. 2nd). This caused a great deal of frustration and anger and finally I called the troopers to file a complaint. The following night a similar circumstance occurred. Even though my windows were shut, the noise woke me up. I lay there listening and decided to call the troopers again when a mini EXPLOSION made me jump out of bed and look out my windows. The plant noise abruptly STOPPED, the steam abruptly STOPPED and all I could think was "Thank God the place is quiet!" What should have occurred to me right then and there was concern for our safety. What was the explosion like noise? What kind of contaminants were released? How safe are those huge propane tanks? Who knows the real story and who the heck is really out there to protect us from this abomination that we are forced to put up with due to the wheelings and dealings of industry and government run amok, without any consideration for the tax paying citizens. It is reprehensible that our local government and the EPA has turned their backs on us and left us to look at this monstrosity 24 hours a day, seven days a week with NO time off ....unless they run out of soil or breakdown. It is unconscionable that the onus falls on the citizens of our community to police the noise, fumes and activities on this site so that we can lodge a complaint about activity that has NO business being in the middle of our neighborhood. You have no idea the extent of emotional and physical stress that this irresponsible decision to support SPI has placed on the residents of Bell's Flats. Something needs to be done about this... and soon! (I would appreciate it if Mr. Dvorak had access to a copy of this E mail.) Karen E. Yashin 883 Preston Lane Kodiak, Ak. 99515 487 -2575 Duane Dvorak From: Martin Lydick Sent: Tuesday, October 08, 2002 12:37 PM To: Duane Dvorak Subject: FW: SPI in Bell's Flats !==d Martin L. Lydick (E- mail).vcf . Thanks, Original Message From: Karen Yashin [ mailto :kyashin @kodiak.k12.ak.us] Sent: Monday, October 07, 2002 2:46 PM To: Martin Lydick; randy_lucas @envircon.state.ak.us> Subject: SPI in Bell's Flats Dear Sirs; This letter is in reference to my objection that a soil remediation facility is in the midst of what used to be a quiet neighborhood with relatively clean air. Not only are many residents of Bell's Flats being bothered at all hours of the night and day by unsightly, supposedly clean steam....but we are being deprived of normal sleep by the incessant background roar, clinking and clanking that is a part of this unsightly, unethical, and perhaps (as yet to be determined) illegal operation. Last week I was foolish enough to think that I could try to sleep with my bedroom• windows open....a practice I have been free to do for years and now CANNOT do without repercussions. Noise from SPI woke me up at 3:30 in the morning (Oct. 2nd). This caused a great deal of frustration and anger and finally I called the troopers to file a complaint. The following night a similar circumstance occurred. Even though my windows were shut, the noise woke me up. I lay there listening and decided to call the troopers again when a mini EXPLOSION made me jump out of bed and look out my windows. The plant noise abruptly STOPPED, the steam abruptly STOPPED and all I could think was "Thank God the place is quiet!" What should have occurred to me right then and there was concern for our safety. What was the explosion like noise? What kind of contaminants were released? How safe are those huge propane tanks? Who knows the real story and who the heck is really out there to protect us from this abomination that we are forced to put up with due to the wheelings and dealings of industry and government run amok, without any consideration for the tax paying citizens. It is reprehensible that our local government and the EPA has turned their backs on us and left us to look at this monstrosity 24 hours a day, seven days a week with NO time off ....unless they run out of soil or break down. It is unconscionable that the onus falls on the citizens of our community to police the noise, fumes and activities on this site so that we can lodge a complaint about activity that has NO business being in the middle of our neighborhood. You have no idea the extent of emotional and physical stress that this irresponsible decision to support SPI has placed on the residents of Bell's Flats. Something needs to be done about this... and soon! (I would appreciate it if Mr. Dvorak had access to a copy of this E mail.) Karen E. Yashin 883 Preston Lane Kodiak, Ak. 99515 487 -2575 %Mar*tin Lydick From: Karen Yashin [kyashin@kodiak.k12.ak.us] Sent: Wednesday, October 16, 2002 5:04 PM To: Martin Lydick; randy lucas@envircon.state.ak.us; ddvorak@kib.co.kodiak.ak; beverley Williams@envircon.state.ak.us; Fran Ulmer@gov.state.ak.us; blstkod@ptialaska.net; Representative_Gary jtevens@legis.state.ak.us; Senator_Alan_Austerman@legis.state.ak.us; Tony_Knowles@gov.state.ak.us; Tim June@govstate.ak.us; tuck@ptialaska.net Subject: Fwd_: SPI in Bellts Flats I apologize if anyone received this the first time I sent it out. It seemed that this e mail wasn't delivered properly so I have sent it again. This is only ONE experience out of many unpleasant experiences with this facility in our neighborhood. To Whom It May Concern; This letter is in reference to my objection that a soil remediation facility is in the midst of what used to be a quiet neighborhood with relatively clean air. We were told that we wouldn't even know the facility was there that we would get used to it. .that we wouldn't see a huge plume...that it wouldn't be noisy...that it wouldn't smell....and that it was safe and would not contaminate our soil, water or air. We were lied to. Not only are many residents of Bell's Flats being bothered at all hours of the night and day by unsightly, supposedly clean steam and noxious odors but we are being deprived of normal sleep by the incessant background roar, clinking and clanking that is a part of this unsightly, unethical, and perhaps (as yet to be determined) illegal operation. Two weeks ago I was foolish enough to think that I could try to sleep with my bedroom windows open....a practice I have been free to do for years and now CANNOT do without repercussions. Noise from SPI woke me up at 3:30 in the morning (Oct. 2nd). This caused a great deal of frustration and anger and finally I called the troopers to file a complaint. The following nigh a similar circumstance occurred. Even though my windows were shut, the noise woke me up. I lay there listening and decided to call the troopers again when a mini EXPLOSION made me jump out of bed and look out my windows. The plant noise abruptly STOPPED, the steam abruptly STOPPED and all I could think was "Thank God the place is quiet!" What should have occurred to me right then and there was concern for our safety. What was the explosion like noise? What kind of contaminants might have been released? How safe are those huge propane tanks? Who knows the real story and who the heck is really out there to protect us from this abomination that we are forced to put up with due to the wheelings and dealings, of industry and government run amok, without any consideration for the tax paying citizens in this area. It is reprehensible that our local government and the EPA has turned their backs on us and left us to look at this monstrosity 24 hours a day, seven days a week with NO time off ....unless they run out of soil or break down. It is unconscionable that the onus falls on the citizens of our community to police the noise, fumes and activities on this site so that we can lodge a comMaint about activity that hai, business being in the middle of our ighborhood. The extent of emotional and physical stress that this irresponsible decision to support SPI has placed on the residents of Bell's Flats requires that something be done about this... and soon! DO WHAT'S RIGHT AND MOVE THAT SITE! Karen E. Yashin 883 Preston Lane Kodiak, Ak. 99515 487-2575 r ~' Duane Dvorak From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Tuesday, October 22, 2002 5:24 PM To: Duane Dvorak; Martin Lydick Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occuring: (by the way, Occurring is spelt wrong on your complaint form) Brechan site /SPI site Street Address_Salmonberry Drive Zoning Property Owner of Above Property Tenant of Above Property (Name & Mailing Address) (If Applicable) _ Brechan Enterprises Telephone: Telephone Complaint: The Brechan site is flooded with water from the rain last night and they are trying to cover the area as fast as they can with rock and gravel, concrete and rebar. It is a mess and the contaminated soil sitting out in the open is getting into the water in the entire area. I am worried about the water table and the lake and the river being contaminated by this run -off. Someone should check this and take some water samples! Hi It Complainant (Name & Mailing Address): Shari Doyle 10843 Chiniak Drive Kodiak, Ak 99615 487 -4046 Staff Acc - • t omplaint: o72-5/0-7.— Date 10/22/2002 Signature: Shari Doyle 1 ~«u Duane Dvorak From: Jack or Shari Doyle [redgate@ptialaska.net] Sent: Tuesday, October 22, 2002 5:06 PM To: Randy Lucas; Paul Horwath; Martin F Sheila Roberts; Lauri Madsen; Jim & Nancy Wells; Gary Carver; Cowboy Cobis; Cas Janz; Ben Millstein; Darlene Turner; Gabrielle LeDoux; Greg Razo; Pat Branson; Robin Heinrichs; Tuck Bonney; Wayne Stevens Subject: Flooding at the SPI?Brechan facility in Belis Flats-Kodiak, Ak Tuesday October 22, 2002. It has been raining for a week in Kodiak and then last night we had a terrible storm that rained so hard that most everything in Kodiak is flooded including the Brechan asphalt/ SPI facilities. Today, Brechan Enterprises is hauling gravel, rock, concrete, rebar as fast as his trucks can to cover up the mess! Believe me when I say it is a mess and I am very concerned about our water!!!! The river, the lake, the water table is polluted with the contaminated soil because the whole area is flooded with rain water. If water samples were taken today, I know you would find contaminants in the water. Who is going to do something about this? I am filing a complaint about this! Shari Hazzard-Doyle 1 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us October 23, 2002 VIA REGULAR MAIL RE: 224 Salmonberry Drive / Block 3, Tract A, Bells Flats Alaska Subdivision Ms. Shari Doyle 10843 Chiniak Drive Kodiak, Alaska 99615 Dear Ms. Doyle, This letter is in response to the written complaint received by e-mail at 5:24PM on October 22, 2002. In the letter, it is alleged that the Brechan site, referenced above, is flooded with water from recent rains and that Brechan Enterprises, Inc. is attempting to cover the area as fast as they can with rock, gravel, concrete and rebar. The compliant also alleges that contaminated material is sitting in the open and getting into the water table, lakes and rivers in the area. Staff visited the site during the evening of October 22, 2002, at about 6:15 PM, and observed standing water on the site. Staff also observed standing water on a number of other sites in the area that are observable in the vicinity of lower Sargent Creek and near the Chiniak Highway. The only contaminated material that is supposed to be on the site is contained in the "cell" that is located within the Soil Processing, Inc. (SPI) treatment facility. According to the ADEC approved operations plan, this is a closed system engineered with a pad, berms, liner and reservoir to catch the run-off from contaminated material in storage. A call was made to SPI at the time the complaint was received in our office. We requested an immediate visual inspection of their system to insure that it was functioning'properly. SPI responded promptly and reported no observable failure of the "cell" to contain and capture run-off from the contaminated material pile. In addition, Borough staff did not observe any run-off from the contaminated material "cell" Material on the site that has been remediated is tested and those tests are submitted to the Alaska Department of Environmental Conservation (ADEC). SPI indicated that they would forward the test data to this department for review and for placement on file. Once the material has been remediated it is supposed to be free of contamination and can be used as fill on any site or replaced at the site of origin, subject to the discretion of the client. To our knowledge, run-off from remediated material would not be considered a source of contamination under ADEC provisions. ADEC, however, is the agency responsible for regulating and monitoring both the material remediation facility and the ground water in the vicinity. Brechan Enterprises, Inc. has a reclamation plan to re-fill the site with material to replace aggregate material that was previously removed from the site in prior years for industrial purposes. As far as the department is aware, there is no environmental reason the remediated material cannot be used for this purpose. If you have any questions about this practice, or the placement of other fill in this area, you should contact the appropriate division of ADEC to report the situation. The Kodiak Island Borough has not adopted any enforceable standards for surface or ground water quality and therefore lacks jurisdiction in this area/matter. In the event that you disagree with this administrative determination, you have the right to appeal this decision per Kodiak Island Borough Code 17.75.030 Penalties and Remedies: A. " J7. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. c. I am sorry that we cannot be more helpful in this matter, but the area of water quality, as well as most other areas of environmental regulation, fall under the jurisdiction of the State of Alaska, ADEC. If we may be of service in any other way, relating to zoning or planning issues, please do not he te to call. Res Duane Dvorak, Director, KIB/CDD Cc: Assembly, Mayor and Manager, Kodiak Island Borough KIB Planning & Zoning Commission Martin Lydick, KIB Zoning Enforcement Officer Walter Mason, Jamin, Ebell, Schmitt & Mason Bill Oliver, Brechan Enterprises, Inc. George Cline, Soil Processing, Inc. Paul Horwath, Environmental Engineer, ADEC ttin L dick From: Jack or Shari Doyle [redgate @ptialaska.net] Sent: Wednesday, October 30, 2002 1:33 PM To: Cliff Stone Cc: Tom Chapple; Gabrielle LeDoux; Fran_Ulmer; Duane Dvorak; Cowboy Cobis; James Frechione; Jim & Nancy Wells; Karen Yashin; Kodiak_Lio; Lauri Madsen; Michele Brown; Martin Lydick; Paul Horwath; Randy_Lucas; Representative_Gary _Stevens; Robert P Cannone; Rose Cobis; Senator_Aian_Austerman; Sheila Roberts; Tim_June; Tony_Knowles Subject: RE: [Fwd: air emissions at SPI facility in Kodiak] Dear Mr. Stone, Thank you very much for the latest developments on the SPI situation. The residents of Womens Bay Community continue to be very upset with the whole situation of the soil remediation facility known as SPI. Yesterday I observed very "blue smoke" emissions at the SPI facility in Womans Bay around 2:30 PM October 29, 2002. This is definitely not steam, as we have been told. It has an appalling odor and therefore cannot be steam. The residents of Womens Bay Community are subject to noise that supersedes even OSHA standards. This is wrong and we shouldn't be subjected to this - hype of noise, nor the odor /emissions. The two plumes that commissioner Brown talks about in her letter, indeed happen quiet often with the SPI facility and the Brechan Asphalt plant firing up together. The emissions combine every time they run at the same time and the fumes that invade our homes on these days make my eyes burn, it gives me a headache, and I get an upset stomach from these fumes! My neighbors also have complained about these emissions as well as the emissions from both facilities on days when either is running alone. Often the fumes carry different odors that are extremely obnoxious and people are not able to open a window or go outdoors. We cannot live with this. The folks in our community moved here to have fresh clean air and quiet. We no longer have these things. We pay the highest taxes in Kodiak and we feel . we should have something other than an industrial waste site in our midst. Thank you for listening and hearing what we have to say. Sincerely, Shad Hazzard -Doyle Long time resident of Womens Bay Community Bells Flats, Kodiak, Alaska Original Message From: Cliff Stone [mailto:Cliff_Stone @legis.state.ak.us] Sent:. Wednesday, October 30, 2002 11:51 AM To: Sheila Roberts; Shari & Jack Doyle; Laurene Madsen; Karen Yashin; Rose Cobis 1 Cc:y5„( Ian Fisk Oibject: {Fwd: air emissions at SPI facility in Kodiak] << Message: Re:air emissions at SPI facility in Kodiak (7.23 KB) » Hi... Alan wanted me to inform you of this latest development. Please review the original message from Tom Chapple with DEC. Rest assured, we will be watching this situation very closely. Alan will be passing along all pertinent info as it becomes available from DEC. Thanks for your continued vigilance. Best —cliff p.s. I don't have everyone's email address that has expressed a concern to Alan's office. Please feel free to pass this along. Tks! Martin Lydick From: Duane Dvorak Sent: Friday, November 01, 2002 8:23 AM To: Pat Carlson; Martin Lydick Subject: FW: SPI EMMISSIONS IN VIOLATION OF KIBC 17.24.060(d)(e) Original Message--- - From: Jack or Shari Doyle [mailto:redgate @ptialaska.net] Sent: Thursday, October 31, 2002 8:07 PM To: Duane Dvorak Cc: Ben Millstein; Casey Janz; Cowboy Cobis; Gary Carver; Lauri Madsen; Sheila Roberts; Wayne Stevens; Tuck Bonney; Robin Heinrichs; Pat Branson; Greg Razo; Gabrtelle LeDoux; Jim & Nancy Wells Subject: SPI EMMISSIONS IN VIOLATION OF KIBC 17.24.060(d)(e) Duane. Please consider this email a complain regarding the emissions from the SPI facility. I assume that you are aware that DEC has found SPI to be in violation of their air permitting. Nonetheless SPI was still up and running when I went to work this morning and again or still when I retuned home after 5 PM and took the attached photos of the facility in operation. As you can see "brown" emissions are bellowing from the facility (looks like they are even gassing themselves). This stuff floats through the air and hangs for an unnatural period over our valley and leaves obnoxious odors in its wake. Please note that the plume is drifting toward our home which unfortunately absorbs the constituent smells of the particular dirt recipe being cooked off at that time. I can not relate how frustrated we are with this situation of so -call legal pollution let alone bombardment of illegal pollution. In this regard your attention is invited to the aforementioned sections of the KIB code. Clearly, the attached photos document violations of KIBC 17.24.060 (E). And I am further stating that the associated odors emitting with the plume are obnoxious in nature and are a violation of KIBC 17.24.060 (D). Moreover, SPI violation of DEC air permitting is a simultaneous violation of the provision of the zoning compliance issued by the Community Development Department and should result in the immediate withdrawal of their zoning compliance. Frustratedly yours, Jack Doyle SPI 5.57PM Oct SPI 5.53PM Oct 31.jpg 31.jpg 1 ..__os of SPI by Jack Doyle dated 10i —, 02 Attached to email of same date Figure 1: SPI 11/01/02 Friday, November 01, 2002 Field Rvw of SPI operations in Bells Flats 11:30: No apparent activity / no emissions 11:45: @ office / George on parts run to airport 12: to 12:30: Met w/ George and confirmed status as down for maintenance reviewed work Togs for last several days reviewed latest test results for emission & by- products / all appear to be in good order & well within guidelines My opinion: Latest complaint(s) are another case of crying wolf & portraying Things out of context 11/1/2002 1:10:24 PM Martin Lydick From: Duane Dvorak Sent: Friday, November 01, 2002 3:10 PM To: Pat Carlson Cc: Martin Lydick Subject: SPI /ADEC update Original Message--- - From: Lawton, Ann [mailto: Ann _Lawton @envircon.state.ak.us] Sent: Friday, November 01, 2002 2:35 PM To: Duane Dvorak Subject: update Here's what I know so far: 1) SPI should not be operating at this time. Operations will not resume until another source test can be performed under a lower loading (processing less soil). Hopefully, a processing level will be found that will make sure the emissions are below the permitted standard. They have to submit an operating plan. DEC is working on an action plan that they must adhere to. 2) the source test may be conducted as early as Tuesday, Nov 5. Results from this testing will not be made available for at least four days after the tests are done. The testing is done by a third -party contractor. 3) Water tests are also being conducted. 4) a water discharge permit is needed from DEC before SPI can conduct the air quality source test because the pond needs to be emptied first. It is not known if SPI will be able to get the permit before Tuesday. SPI needs to provide DEC with more information so they can process the permit. 3) a press release (which you also received an email copy of) should be printed in tomorrow's paper 4) A Notice of Violation is being issued for SPI and for the remediation unit at Bruhn Point for known violations that have occurred up till now. 5) My role in this will be minimal, except to facilitate the flow of information when I can. 6) The SPI air quality compliance inspector (Beverley Williams 269 -7574) will not be in the office next week. I will try to fill in where I can (269 - 3066). 7) there will be a program manager delegated to be the lead for all facilities in the area, including the soil remediation unit at Bruhn Point. We are all awaiting official notice of who that will be. That lead person will field all further public complaints, organize any teleconferences and meetings, and coordinate all information from all programs (such as data from water quality and air quality testing, etc.). 8) A toll -free number will be provided for the public to contact the program manager who will be coordinating these issues. i I thought we'd have more resolved by the end of today, but I wanted to make sure you got this information ASAP. I'll keep you informed when I know more. 2 SENDER: COMPLETE THIS SECTION • Complete items 1,( 'id 3. Also complete 'item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5pr c0 EbbLra aJVo3,9 Atcti 14k 9%?J5 COMPLETE THIS SECTION ON DELIVERY A. Received by (Please'. Clearly) TEP iJ,G L. SE -tA2it- B. le of/Delivery s-delivery address differe fro item 1? If YES, enter delivery address below: ❑ Agent ❑ Addressee ❑ Yes ❑ No 3. Servile Type 1 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) OCOG 0:(05 f 798 ! I '. `PS Form 3811', July 1999 i ! • i Domestic .Return Receipt 102595 -99 -M -1789 , Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Tuesday, November 05, 2002 NOTICE OF VIOLATION CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIPT No.: 7099 3220 0000 0475 8798 Ref: Bells Flats Subdivision Block 3 Tract A Applicable Zoning District: I - Industrial Zoning District Re: Suspension of Kodiak Island Borough Zoning Compliance Permit BZ-02-061, pending review of recent violation of air quality standards regulated by the Alaska Department of Environmental Conservation (ADEC). George Cline Jennie D. Sharpi Soil ProcessInig/ nc. 207 E. Northern Lights Blvd., Suite,. Anchorage/ AK 99503 Dear Mr. Clin d Ms. S We are in receipt of the Notice of Violation (NOV) issued by ADEC on October 29, 2002. In that correspondence, it is indicated that the soil remediation facility operated by Soil Processing Inc. (SPI) did violate certain air quality standards on or about September 6, 2002. In addition, further violations may have been occurring in the intervening time between September 6, 2002 and the date that SPI voluntarily halted processing operations as a result of the NOV issued by ADEC. As we have discussed previously, the Kodiak Island Borough (KM) relies on the air quality standards promulgated and enforced by ADEC in order to provide a reasonable assurance to the public that the performance standards of the I-Industrial zone, specifically KIBC 17.24.060.D and E, will be met. The Department has received a number of air quality complaints during this period of time, relating to both the soil processing use and the asphalt batch plant operated by Brechan Enterprises. Given the recent letters issued by ADEC in late September indicating that both uses were in compliance with ADEC requirements, the Department was still considering its response to those complaints. NACD\Soil Remediation\SP1 Revocation.docl 1/5/02 Page In light of more recent events, however, the Department hereby SUSPENDS ZONING COMPLIANCE PERMIT BZ -02 -061, pending an administrative hearing with the Department to go over the facts related to this air quality violation as it relates to the Borough's Industrial zone performance standards. In addition, the permit may not be reinstated until qualified testing indicates that the soil processing use may resume with a reasonable assurance that the air quality standards promulgated and enforced by ADEC will be met. Because the Industrial zoning performance standards are based on subjective assessment criteria, the Department has in the past always deferred to ADEC standards, which are quantitative and measurable. It has always been presumed that the measurable standards enforced by ADEC would be violated long before the more subjective performance standards set forth in the Borough code would be exceeded. When Borough staff has responded to complaints, there has been no reasonable way to reconcile field observations made with the testing and approvals previously granted by ADEC. We are concerned by the apparent conflicting information issued by ADEC and by the amount of time that has been permitted to pass from the time the violation occurred until the time that it was identified and acted upon. It is appreciated thattSPI'has agreed to voluntarily sto soil processing operations ,iuntil they facility can under o maintenanLe andmewtesting. The Boro gh howe e feels' that until? his violation is resol ed that the zoning inpliance permit will remain in suspension ui til the operator receives written notice thatthe notice of violation has beenremedied, subject to new testing that is now being contemplate d. In addition; the Borough would like to have haVlisome assurance tha future violations will not be permitted to occur without an immediate shutdown. While the ADEC regulations may provide a� time frame to cure air quality violations,, the Borough's performance . t standards do not'mention such a "grace period ". Under the zoning, a violation is a violation when it occurs. Just as the Borough presumes that ADEC approval means the performance standards MAY be met, we similarly view a NOV as evidence that a zoning violation HAS occurred. Please contact this office at your earliest convenience so that we may schedule an administrative hearing to go over these issues prior to re- instating ZCP BZ -02 -061. This meeting may include the Borough Manager or other counsel as determined to be appropriate. You may request to have other participants at the meeting as well, including ADEC officials or your own counsel. In order to expedite the hearing process, it is would be best to schedule the hearing after the latest round of tests have been completed and the results approved by ADEC. This will minimize the need to delay making a decision to resolve this suspension. Please give the Community Development Department a call to schedule this meeting as soon as you have written documentation that the NOV has been resolved with ADEC. N: \CD\Soil Remediation\SPI Revocation.docl 1 /5/02 Page 2 of 3 I apologize for any inconvenience this may cause, however, the Department believes this to be a prudent course of action to ensure the health, safety and general welfare of surrounding community. If you have any questions about the process prior to setting up the hearing please give me a call at your convenience. Sincerely, Duane Dvorak, Director Cc: Borough Manager, Mayor and Assembly Members Brechan Enterprises, Inc., Landowner Tom Chappel, Director, Air and Water Quality, ADEC Bob Cannone, Supervisor Air Quality Compliance, ADEC Paul Horwath, Spill Prevention and Response, ADEC Martin Lydick, Borough Enforcement Officer File. Attachments: None, Enclosures: None. t N:\CD\Soil Remediation\SPI Revocation.docl 1/5/02 Page 3 of 3 Incident report — Particulate Air Fall - Womens Bay Community - Dr. Gary Carver ECEOWE 0E0 - 1 2002 11- ji ffiliRrr?RkiLOPMENT DEPARTMENT This report is a brief summary of observations regarding the air fall of particulate material that occurred in the Bell Flats area on Nov. 30, 2002. The observations were made along public access roads between about 11:30 AM and 3:30 PM on Nov. 30. The occurrence of the particulate air fall event was first noticed at about 11 AM when an unusual surface coating was observed covering Lake Orbin and the Brechan gravel pit pond from Middle Bay and Salmonberry Drives. The surface coating appeared as a whitish- to brownish film or scum on the water surface. The lake and pond surfaces were still, there was no wind, the sky was clear and the lake and pond were illuminated by direct sunlight. The film or scum was especially apparent when viewed looking at an angle into the sun; the reflected light enhanced it. Close inspection of the scum at the east end of Lake Orbin and on rainwater puddles and ponds in the Bell Flats area revealed it was composed of floating masses of extremely fine particles. Examination of the particles with a 10X-hand lens showed the larger particles consist predominately of very small, dark gray to black, rounded to angular particles and lesser amounts of sub-spherical brown and reddish-brown grains. Field estimates of the grain size of the coarsest fraction of the particles was medium to fine silt (-20 to —40 microns), but many particles were smaller and too fine to determine grain color or shape with the hand lens. When agitated, the coarser floating grains sank and very slowly settled in the water column indicating their density is substantially greater than 1. These grains probably are composed of mineral material and very fine rock fragments. Viewed under 10X magnification with the hand lens the sub-spherical brown colored grains appear to be similar to grains of basaltic tephra and may be the result of partial melting and rapid cooling of very small rock fragments exposed to very high temperatures during the soil remediation process. When floating, the particles appeared to be supported on the water surface by surface tension. The distribution of the grains was determined by examining undisturbed rain water puddles, ponds, and lakes in the Bells Flats area. The concentration of particles was estimated and classified according to the following criteria: Heavy concentration — Easily observable as a distinct, continuous, whitish to brownish surface scum or film similar to a heavy pollen fall when viewed from a distance (10 to 50 meters). Visible regardless of illumination angle. Continuous to nearly continuous surface film when viewed up close. Visible on wet road pavement in addition to calm water surfaces. Moderate concentration — Observable from a distance on calm water surface when viewed into sun, but not easily seen from a distance when backlit. Close examination of water surfaces show many masses of particles up to 10 cm in diameter floating on the surface, but covering less than 50% of the water surface. Not visible on wet road surfaces. Light concentration — Not visible from a distance. Close observation of water surfaces show scattered small masses of particles up to 1 cm in diameter floating on water surface, less than 10 % of water surface covered by particles. Trace concentration — Not visible from a distance. Close observation reveals few scattered very small 1 -mm) masses of particles floating on the water surface, visible only when viewed into reflected sunlight. None —No particles observed on water surface. The attached map shows the distribution of particle concentrations observed floating on rainwater puddles, ponds, and lakes (black letters) using concentration classes of heavy, moderate, light, trace, and none (discussed above) and interpreted isograds for the concentration categories (in red). The distribution pattern is typical of an air fall deposit from a point source plume such as a tephra fall from a volcanic vent. The air fall deposit was heaviest near the SPI soil remediation facility, the likely source of the particles. Concentrations of particles decreased abruptly to the north and gradually to the south of the SPI facility indicating a gentle north to south breeze was blowing when the particles were introduced into the air. The distribution mapping shows the fall of particles in sufficient quantities to generate an observable deposit extended as much as about 1500 meters down wind from the source and covers approximately 2 sq. km. Strong wind and moderate rain occurred during night of Nov. 29 and early morning of Nov. 30. Under these conditions the particles would have dispersed in the air and sank in the ponds and puddles. Thus they must have been deposited after the rain and wind ceased, and before they were noticed at about 11:00 AM. At least five samples of the floating particles were collected at the east end of Lake Orbin and one sample from a large rainwater puddle near Russian Creek about 1000 meters south of the source. The samples were collected by Nancy Wells (KIB Assembly member; two samples from Lake Orbin), Jack Doyle (WBC council member; two samples from Lake Orbin) and Martin Lydick (KIB Community Development Department, one sample from Lake Orbin and one sample from near the north bank of Russian River). The sample locations are shown on the map. KEY H - Heavy M - ModeratL• L - Light T - Trace N- None S - Sample Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occu ng: Street Address Property Owner of Above Property (Name & Mailing Address) Zoning Tenant of Above Property (If Applicable) Telephone: Telephone Complaint: 1 40 r-AtyLef2X Complainant (Name & Mailing Address): Staff Accepting Complaint: pAearws-nori.r_ •.Y3 c--101A1< Die_ Da ct, Signature: N:\CD\Zoning Enforcement\Zoning Violalion Complaintdoc e ,frfite V/ DEC 2 2002 COMMUNITY DEVELOPMENT DEPARTMENT • Kodiak Island Borough Community Development Department. Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that 1 will be notified of any subsequent action taken regarding the investigation. Legal De cription o Property Where Violation is Occuring: &AL., . Street Address Property Owner of Above Property (Name & Mailing Address) aL, Zoning Tenant of Above Property Of Applicable) Telephone: Complaint: Telephone Complainant (Name & Mailing Address): "1-F A ■ 1-1 Aewtgo- IOw3 ) 14 96* _ of! Signature: MCD‘Zoning EnforcementVoning Violation Complaint.doc Staff Accepting Complaint: Date DEC -2 2002 E-j) COMMUNITY DEVELOPMENT DEPARTMENT • • Only two weeks ago, SPI of Kodiak, was shut down for emissions surpassing the allowable amount; more than two times the allowable amount, I might add. Testing was done for emissions on the 6th of September and it took almost two months for the test information to get to ADEC. Then even after ADEC told them to shut down they blatantly defied ADEC and the Kodiak Island Borough and ran the soil remediation facility for three more days before shutting down!!! It truly amazes me what this industry gets away with and how ADEC and the Kodiak Island Borough just "turns their head the other way" while SPI pollutes our neighborhood. It astounds me that they don't even get fined for running their equipment even after they were told by ADEC to shut down! Three days beyond when they were told to shut down!!!! Then they were allowed to start right back up one week later without any disciplinary action taken!!!! In other words, its is ok to pollute our neighborhood and mess up our lives here in the Womens Bay Communitylllfl Today, Saturday November 30, 2002 at 1:00 PM in the afternoon, it was brought to my attention by one of the Womens Bay Community Council members, that Lake Orbin, the Brechan manmade pond on the SPI /Brechan enterprises site and some surrounding areas had a film of something on the surface of the water. So Jack and 1 got in our car and went to take a look. It was an astounding site. Shocking! There was indeed a sheen of something on the surface of the water. It looked like an oil sheen at first. At closer inspection, I could see small particulates of a substance floating on the surface of Lake Orbin. It was very thick and seemed to be everywhere on Lake Orbin, near the SPI /Brechan site. I brought a jar and took a sample of the water and the particles floating. I also took some digital photos of which one is attached of Orbin lake and the "scum sheen" for lack of what to call it. We then moved on down the road to look at the Brechan site pond. It was much worse there on the water surface of the Brechan pond. We also observed this particulate on all the mud puddles on the road and roadside. l wonder how many times SPI's chemical waste has been spewed all over our neighborhood? How many times has the rain covered up their mess of pollution ? ?? When is someone going to test for toxins in Womens Bay Community? Do people have to become sick and die before something will be done about this abomination in our midst ? ? ? ? ? ? ?? I am tired of my complaints being ignored while SPI continues to pollute our land and our homes! When will ADEC and the Kodiak Island Borough pull their operating permit? After SPI has polluted the entire valley ? ? ?? The water should be tested in ponds and lakes surrounding the Brechan /SPI site and samples from the bottom of the lake should be taken and these particles should be tested to see what polluting toxins are being emitted all over our neighborhood. Testing should be done for more than just hydrocarbons this timerrrrr I want to see testing for arsenic, mercury, and some of the other toxins known to be in petroleum contaminated Yesterday, December 1, the fumes in my yard were so bad, again, and coming directly from the Brechan /SPI site, that while trying to put up my outdoor Christmas decorations, I began to feel sick and dizzy. 1 was also getting a terrible headache. This happens every time the facility is running and the breeze is light and blows in my direction from the Brechan /SPI site. When I complained to George Cline of SPI, he told me it was impossible. That I could not possibly be smelling anything because it is steam coming from his equipment and you cannot smell steam. That's what I was told before when I complained about the horrible fumes and later it was proven to be emissions more than two times the allowable amount! Let me tell you that the smell is a chemical odor and it makes me ill to breathe the fumes. It is very like being in a garage with the door closed and having a vehicle running. Does that sound like steam to you? Am I being called a liar? I am not "smelling" steam! It is incredible that citizens have to run around monitoring what industry doe few days to keep their emissions to a legal minimumIIUUlII The Kodi have the power to shut down this industry and its pollution, yet they our environment where we have to live, breathe, and drink the water Shari Hazzard -Doyle in Bells Flats, every I.;`i .* r wn" is = --�: 1 L. tit! Le • trll IDEC - 2 2002 COMMUN DEVELOPMENT D ARTMENT se,Jt- ,,A1);- 12/3%- 6AQ-dv-- fov‘4k i #/ sc�oz 11 /3o/o z Viartin L dick From: Jack or Shari Doyle [redgate@ptialaska.net] Sent: Monday, December 02, 2002 8:45 AM To: Tuck Bonney; Tony_Knowles; Tom Abel; SenatorAlan_Austerman; Robin Heinrichs; Robert P Cannone; Representative_Gary_Stevens; Randy Lucas; Paul Horvath; Pat Carlson; Pat Branson; Martin Lydick; Michele Brown; James Frechione; Greg Razo; Gabrielle LeDoux; Duane Dvorak; Beverley Williams; AnnLawton Cc: Tim_June; Sheila Roberts; Rose Cobis; Peggy Smith; Nancy Wells; Lauri Madsen; Kmxtnews; Karen Yashin; Jim Cobis; Gary Carver; Fran Ulmer; Casey Janz; Carolyn Heitman; Ben Millstein Subject: Blatant Pollution of Womens Bay! PB300019.JPG Only two weeks ago, SPI of Kodiak, was shut down for emissions surpassing the allowable amount; more than two times the allowable amount, I might add. Testing was done for emissions on the.6th of September and it took almost two months for the test information to get to ADEC. Then even after ADEC told them to shut down they blatantly defied ADEC and the Kodiak Island Borough and ran the soil remediation facility for three more days before shutting down!!! It truly amazes me what this industry gets away with and how ADEC and the Kodiak Island Borough just "turns their head the other way' while SPI pollutes our neighborhood. It astounds me that they don't even get fined for running their equipment even after they were told by ADEC to shut down! Three days beyond when they were told to shut down!!!! Then they were allowed to start right back up one week later without any disciplinary action taken!!!! In other words, its is ok to pollute our neighborhood and mess up our lives here in the Womens Bay Community! I Today, Saturday November 30, 2002 at 1:00 PM in the afternoon, it was brought to my attention by one of the Womens Bay Community Council members, that Lake Orbin, the Brechan manmade pond on the SPI/Brechan enterprises site and some surrounding areas had a film of something on the surface of the water. So Jack and I got in our car and went to take a look. It was an astounding site. Shocking! There was indeed a sheen of something on the surface of the water. It looked like an oil sheen at first. At closer inspection, I could see small particulates of a substance floating on the surface of Lake Orbin. It was very thick and seemed to be everywhere on Lake Orbin, near the SPI/Brechan site. I brought a jar and took a sample of the water and the particles floating. I also took some digital photos of which one is attached of Orbin lake and the "scum sheen" for lack of what to call it. We then moved on down the road to look at the Brechan site pond. It was much worse there on the water surface of the Brechan pond. We also observed this particulate on all the mud puddles on the road and roadside. I wonder how many times SPI's chemical waste has been spewed all over our neighborhood? How many times has the rain covered up their mess of pollution??? When is someone going to test for toxins in Womens Bay Community? Do people have to become sick and die before something will be done about this abomination in our midst???????? 1 am tired of my complaints being ignored while SPI continues to pollute our land and our homes! When will ADEC and the Kodiak Island Borough pull their operating permit? After SPI has polluted the entire valley???? The water should be tested in ponds and lakes surrounding the Brechan/SPI site and samples from the bottom of the lake should be taken and these particles should be tested to see what polluting toxins are being emitted all over our neighborhood. Testing should be done for more than just hydrocarbons this time!!!!! 1 want to see testing for arsenic, mercury, and some of the other toxins known to be in petroleum contaminated soils!!! !!!! Yesterday, December 1, the fumes in my yard were so bad, again, and coming directly from the Brechan/SPI site, that while trying to put up my outdoor Christmas decorations, 1 began to feel sick and dizzy. 1 was also getting a terrible headache. This happens every time the facility is running and the breeze is light and blows in my direction from the Brechan/SPI site. When I complained to George Cline of SPI, he told me it was impossible. That I could not possibly be'smelling anything because it is steam coming from his equipment and you cannot smell steam. That's what I was told before when 1 complained about the horrible fumes and later it was proven to be emissions more than two times the allowable amount! Let me tell you that the smell is a chemical odor and it makes me ill to breathe the fumes. It is very like being in a garage with the door closed and having a vehicle running. Does that sound like steam to you? Am I being called a liar? I am not "smelling" steam! It is incredible that citizens have to run around monitoring what industry does in Bells Flats, every few days to keep their 1 anIseionubma| Ilk �Kodiak|o down this ind and Its pollution, yet they allow it to continue to pollute our environment where we have to live, breathe, and drink the water. Shari Hazzard-Doyle 2 PB300019.JPG iv20 1r 30/ 0 Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Descri of Property Where Violation is Occuring: Street Address Property Owner of Above Property (Name & Mailing Address) 2 Zoning • Tenant of Above Property (If Applicable) Telephone: Telephone Complainant (Name & Mailing Address): Staff Accept' Co p ain 5 4- R Pi-zzitTe 1,0- 00`rvIE / R-,7 c Vii) ik oe Date N:\CD\Zoning Enforcemennoning Violation Complaint.doc