ATS 49 TR N-18 - ZCP 1/29/2014 Kodiak Island Borough Print Form Submit by Email i
Community Development Department
710 Mill Bay Rd.Rm 205 I II II II II 1111
Kodiak AK 99615
Ph.(907)486-9362 Fax(907)486-9396 00000
http://www.kodiakak.us
Zoning Compliance Permit Permit No. CZ2014-020
The following information is to be supplied by the Applicant:
Property Owner/Applicant: City of Kodiak // Kodiak Maritime Museum
Mailing Address: 710 Mil Bay Rd., Kodiak,AK 99615
Phone Number: (907)486-8640
Other Contact email,etc.: Toby Sullivan, Director, Kodiak Maritime Museum,toby @kodiakmaritimemuseum.org(907)360-8837
Legal Description: Subdv: ATS 49 unsubdivided portion,St. Paul Small Boat Harbor Block: Lot:
Street Address: NHN Marine Way, Small Boat Harbor Maritime Museum Honorary Slip
Use&Size of Existing Structures: Vacant
Description of Proposed Action: Construct an open shed roof&concrete viewing platform to house 38'wooden boat
as a permanent interpretive exhibit"Thelma C"
Site Plan to include: Lot boundaries and existing easements,existing buildings,proposed location of new construction,access points,
and vehicular parking areas.
—
Staff Compliance Review: Current Zoning: Public Use KIBC 17.130 PROP ID 00000
Lot Area: 7,200 Lot Width: 60' Bldg Height: 50'
Front Yard: 25' Rear Yard: 25 ' Side Yard: 25'
Prk'g Plan Rvw? Not Applicable #of Req'd Spaces:
Staff Compliance Review Notes:
Plat/Subdivision Requirements? Parking review is waived,City parking
Permitted under KIBC 17.130.020.G
Subd Case No. Plat No. Bldg Permit No.
Does the project involve NO If YES,do you have an EPA Return Receipt of
an EPA defined facility? Notification?
"Permit will not be issued until receipt is submitted to
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak island Borough Code and that I
have the authority to certify this as the property owner,or as a representative of the property owner. i agree to have identifiable
corner markers in place for verification of building setback(yard)requirements.
Site Plan List Other: Toby r M.or
Attachments? y g
P5t.1•3Vi '31)11
Date: -Nev-1-2-,-201-3-- Signature: miee 'niazio - r o he i •dia '
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project,including its intended use,prior to or during its siting,construction,or operation,contact
this office immediately to determine if further review and approval of the revised project is necessary.
**EXPIRATION:A zoning compliance permit will become null and void if the building or use authorized by such permit is not
commenced within 180 days from the date of issuance,or if the building construction or use is abandoned at anytime,after the
work is commenced,for a period of 180 days. Before such work can be recommenced,a new permit must first be obtained. (Sec.
106.4.4 Expiration. 1997 UBC)per KIBC 17.15.060 A.**
CDD Staff Certification
Date: Aloe-1 -20 3•® CDD Staff: —ManirTyy Tcki JACK , IAKt2•
Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room#104-Main floor of Borough Building
After-the-Fact 2X the published amount
Not Applicable r $0.00 PD r $0.00
Less than 1.75 acres: 17 $30.00 r $60.00
1.76 to 5.00 acres: r $60.00 JAN 2 9 201k r $120.00
5.01 to 40.00 acres: r $90. DIAK ISLAND BOROtJGH$180.00
40.01 acres or more: r $12o.00FINANCE DEPA' o.00
001 -3 o taz7
DEPARTMENT OF THE ARMY PERMIT
Permittee: Kodiak Maritime Museum
Permit No,: POA-2013-197, St. Paul Harbor
issuing Office; U.S. Arm Ensineer District Alaska
NOTE The term"you"and its derivatives, as used in this permit, means the permittee or any future
transferee. The term"this office"refers to the appropriate district or division office of the Corps of
Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting
under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Discharge 820 cubic yards of fill material into 0.04-acre below the High Tide Line
(+10.T)of St. Paul Harbor in order to install a historic wooden fishing boat, the Thelma C. The
proposed project is located at a site within the St. Paul Harbor previously developed and utilized as a
boat maintenance grid. Work would include the removal of the remaining portions of the grid,
modification of the bank to create a level area for the boat, and construction of an open air, steel and
glass pavilion to shelter the boat The proposed project would require the excavation of 420 cubic
yards of material from 0.02-acre below the Mean High Water line(+7.6'). Depending on site
conditions, the boat grid would be removed by either an excavator with a thumb, or with a vibratory
hammer.
All work will be performed in accordance with the attached plan, sheets 1-4, dated March 25, 2013.
Project Location Section 32, T. 27 S.. R. 19 W.. Seward Meridian, USGS Quad Map Kodiak D-2;
Latitude 57 7865°N . Longitude 152.4077°W.; in Kodiak. Alaska.
Permit Conditions
General Conditions:
1. The time limit for completing the work authorized ends on Aunust 31,2018 if you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for
consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in conformance with the terms and conditions
of this permit You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should
you wish to cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification of this permit from this office, which may require restoration
of the area
3. If you discover any previously unknown historic or archeological remains while accomplishing the
activity authorized by this permit, you must immediately notify this office of what you have found. We will
initiate the Federal and State coordination required to determine if the remains warrant a recovery effort
or if the site is eligible for listing in the National Register of Historic Places.
4. if you sell the property associated with this permit, you must obtain the signature of the new owner in
the space provided and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy
of the certification Is attached if it contains such conditions.
ENG FORM 1721,Nov 86 EDITION OF SEP 82 iS OBSOLETE (33 CFR 325(Appendix A))
-1 -
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and
conditions of your permit.
Special Conditions:
1, Placement of fill below the High Tide Line (+10.7') and removal of the old boat grid snail be limited to
low tidal periods when the project area is dewatered.
2. During any and all in-water work, art observer for Northern sea otters and Steller's eiders shall be
present. The observer shall follow the U.S. Fish and Wildlife's observer protocol titled"Monitoring the
'hazard area"which is enclosed with this permit.
3. Appropriate and effective erosion and sedimentation control measures shall be implemented and
maintained before, during, and after construction(as necessary). AU filled areas shall be stabilized to
prevent erosion, and control measures shall not be removed until those areas are stabilized.
4. Fill material shall consist of clean fill, free of unsuitable material (e.g., trash, debris,car bodies,
asphalt, etc.).and free of toxic pollutants.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to:
(X)Section 404 of the Clean Water Act(33 U.S.C. 1344).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State,or local authorization required
by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
ENG FORM 1721, Nov 86 EDITION OF SEP 821S OBSOLETE (33 CFR 325(Appendix A))
-2-
5, Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a revaluation include, but are not limited to,the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete,or inaccurate(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you to comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office may in certain
situations (such as those specified in 33 CFR 209.170)accomplish the•corrective measures by contract or
otherwise and bill you for the cost.
6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized
by this permit. Unless there are circumstances requiring either a prompt completion of the authorized
activity or a reevaluation of the public interest decision,the Corps will normally give favorable
consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and
conditions of this mit.
70 a y ,t.2 ii....‘4 <A ll., ray r;c.'-c..,71 u c t a• -r::...a`a2- j , / "J c.-!),
(PERMITTEE)AND TITLE ( ATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army,
has signed below. •
r' + $ �.FO (DNDER) (DtE)Colonestochi
Mary Romero, Acting Team Leader
South Branch, Regulatory Division
When the structures or work authorized by this permit are still in existence at the time the property is
transferred the terms and conditions of this permit will continue to be binding.on the new owner(s)of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance
with its terms and conditions have the transferee sign and date below.
(TRANSFEREE) (DATE)
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325(Appendix A))
-3- -
POA-2013-197, St. Paul Harbor.,1Eodiak Maritime Museum
Iuutali iriuloric Liahing boat
Las.. 57.7865 N. , Long. 1.57..4077 W.
She I of 4, March 25, 2013
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PROPOSED ACTIVITY: ,
THELMIA C
CONSTRUCT NEW MUSEUM VICINITY MAP AND
EXHIBIT FOR THELMA C WITHIN PROJECT LOCATION EXHIBIT
THE SMALL BOAT HARBOR
DATUM: 0.0' MLLW KODIAK MARITIME MUSEUM
PROJECT LOCATION: P.O. BOX 1876 ON: KODIAK ISLAND, AK
AT: ST. PA1A.. HARBOR
SEC. 32, T275, R19W, S.M. KODIAK, ALASKA 99615
LAT.; 57,7865' LONG,: -152.4077'
3/25/2013
POA-2013-197, St . Paul Harbar,Kodiak Maritime MuJeum
Tnsstall historic fishing boat
Lat . 57.78G5 U. , Long. 152.4077 W.
Sheet. i of 4, March 25, 2013
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• TOTAL CONGdEIE ._...._.._..,....... Y9 CY
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t y tit, CITY 44 KODIAK , \. TOM FAL _._.... 1,405 CY
•� li qy IOTAI AIOIOR ROCK _......._..... tea CY
> •�' �� ,, • M�v 70TAL (U AVAIYON--- - $,000 CY
iOTAt AREA.".._...._ 0,12 ACJtE$
+ 1N I'". Ill BELOW Nlt __._._ __. e20 CT
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t ` TIDAL DATUM r EACAVAtlO I IIELOW Kta.___..LAO CY
'''' l AREA a.01,N EL ....•r,. 0.04 ACRES
# .1.t.....,• t R Flil BFlL7T1 IOW.......,_..„ . 370 CY
e�t i'.'T �f 1 ieGH 7r4E tog Dot.) le 7. ARUM ROCA DELO0 t6i0 SO CY
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• IRAN tOVIER 1.01rt ITAIER (Ratty) 00' ARiFA ettQW MNW._._...... 002 ACR1;S
PROPOSED ACTIVITY: THELMA
CONSTRUCT NEW MUSEUM SITE PLAN
EXHIBIT FOR THELMA C Mil 1HHIN EXHIBIT
THE SMALL BOAT HARBOR
DATUM: 0.0' MU IN KODIAK MARITIME MUSEUM
PROJECT LOCATION: P.O. BOX 187E KOOIAK ISLAND, AK
•
SEC. 32, T27S, R19W, S.M. KODIAK, ALASKA 99615
AT: ST, PAUL HARBOR
I.AT,: 57.7855` LONG.: --152.4077"
3/25/2013
POA-2013•'19'7, Sc. Paul harbor,Kodiak. Maritime Museum
Install historic fishing boat
Lac. 57.7865 N. , Long. 152.4077 W.
Sheet 3 of 4, March 25, 2013
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EXCAVATED ►UTERTA. TO NE REUSED
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oruimaG NAtt i s f RLt+AGINC TO BE (ESP0.S£D t* Al
AN AGENCY APPROVED t1PtfJ#T}
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AND GEM XTIkf RAMC,WITH
IIEAN RCN O Ex vArEo SECTION A-A`
LOWER W w a{xw} oo'
t/ATERUL.
HIS
PROPOSED ACTIVITY:
CONSTRUCT NEW MUSEUM TYPICAL THELMA C
EXHIBIT FOR THELMA C WTHIN SECTIONS EXHIBIT
EHE SMALL BOAT HARBOR
DATUM: 0,0' MR LW KODIAK MARITIME MUSEUM
PROJECT LOCATION: P.0, BOX 1876 ON: KODIAK ISLAND, AK
SEC. 32, T27S, R19W, S,M, KODIAK, ALASKA 99615
Al; ST. PAUL HARBOR
t AT.: 57.7865' LONG,: —152.4077'
3/25/2013
POA-2013-197, St. Paul Har .or.Kod.ak Maritime .Museur,
Install historic fiahing boat:
Lat. 57.7865 N. , Long. 152.4077 W.
Sheet 4 of 4, March 25, 2013
Thelma C Exhibit Pavilion
Kodiak Maritime Museum
Project Description
This project Involves the construction of an open air pavilion and site improvements for the display of
the"Thelma C"—a historic wooden fishing boat.
The"Thelma C" Is one of a number of vessels commissioned by the USDA after the 1964 earthquake to
mitigate losses incurred by many of Kodiak's fishing families. The Kodiak Maritime Museum has
undertaken restoration of the boat with the goal of installing it as an outdoor interpretive exhibit on the
Kodiak waterfront in time to commemorate the 50th anniversary of the event.
The project is located on a shoreline bank within St.Paul Harbor in Kodiak at a site previously developed
and utilized as a boat maintenance grid. Work Includes removal of the remaining portions of the grid,
modification of the bank to create a level area to display the boat,and construction of an open air steel
and glass pavilion to shelter the boat.
The site abuts a concrete sidewalk and asphalt parking lot adjacent to the existing boat launch. The
elevation of the sidewalk is approximately 17'-6"above mean low low water. The existing bank is grass
covered earth with an approximately 2:1 slope. The former maintenance grid Is constructed parallel to
the bank and extends away from shore to a point approximately 1'above mean low low water.
The boat will he displayed parallel to the bank on a crib secured to a level concrete plaza located
approximately 3-4 feet below the elevation of the existing sidewalk. A cut and fill approach will be used 1
to create the plaza with Installation of a rip rap retaining wall on the water side and a concrete retaining
wall on the shore side adjacent to the sidewalk. The concrete retaining wall will extend above the
sidewalk as a guardrail and the rip rap will extend away from shore approximately the same distance as
the former grid. Ramps will connect the existing sidewalk to the plaza allowing the visitor to circulate
around the boat and view It from both above and below the boat's waterline.
impact on the navigable water way will be minimal as the entire structure including the rip rap retaining
wall is above mean low low water. The change from the existing condition Is essentially none as the
new construction takes the place of the former grid which will be removed.
1
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A,p licaut Kodiak Maritime Museum �l Tic Nurni.w. PUA-2013-197 Date: O9it0/I3
Attached is: See Section below
X INITIAL PROFFERED PERM!i (Standard Permit or Letter of Permission) 1
PROFFERED PERMIT(Standard Permit or Letter of Permission) — rt
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION E
Tills REQUEST FOR APPEAL FORM MUST BE RECEIVED IVED BY: 11.09;12
SECTION I-The following identifies your rights and options regarding an udministradve appeal of the above decision. Additional
infortt.ition toff be found Ali hilp://www.usace.armx.iniliCECW/Pagesirei, matcrietis rqp\or Corps re ulations at 33 CFR Pan 33 1,.
A: INITIAL IAt. PRC)F 1'IRED PERMI I': You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the District Engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your tivork is authorized, Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights
to appeal the permit. including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the District Engineer.
Your objections must be received by the District Engineer within 60 days of the date of this notice,or you will forfeit your right
to appeal the permit in the future, Upon receipt of your letter,the District Engineer will evaluate your objections and may:
(a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or,(c)not
modify the permit,having determined that the permit should be issued as previously written. After evaluating your objections,
the.District Engineer will send you a proffered permit for your reconsideration,as indicated in Section 13 below.
B: PROFFERED PERMIT: You may accept or appeal the permit -^ -- -- —• ACCEPT; If von received a Standard Permit,you may sign the permit document and return it to the District Engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights
to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I I of this
form and sending the form to the Division Engineer. This form must be received by the Division Engineer within 60 days oldie
elate of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the Division Engineer. This form must be received by the Division
Engineer within 60 days of the date of this notice.
t): APPROV.EI)JURISL)ICTIONAI,DETERMINATION(JD): You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section H of this form and sending the form to the Division Engineer. This form must be
received by the Division Engineer within 60 days of the date of this notice.
E: PRELIMINARY JURiSDIC"l.I.ONAL DE1ERMINAT.[ON; You do not need to respond to the Corps regarding the Preliminary
JD. The Preliminary JO is not appealable. If you wish,you may request an approved JD(which may be appealed),by contacting
the Corps district for further instruction. Also,you may provide new information for further consideration by the Corps to
reevaluate the JD.
w)v)l/.pera.usafe.rrrr .rill/s\Irsa7ons/Rego/a/ory
'..;1471 ION t1 - RQUES F FOR APPEAL or OBJECTIONS'i0 AN INITIAL PROFFFiND PER.M1
I•t t1t Al i'i::il-1.)R013.11.4.'I It/NS: (Describe your for appealing the decision or your ohfsctions to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
INI()RMA[ION: 1-1Wappeal is limited to a review of the administrative record,the Corps memorandum for the
record of the appeal conference or meeting,and any supplemental intitrmation that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However.
you may provide additional information to clarify the location of information that is already in the administrative record.
In order for a Request For Appeal to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria
for appeal under 33 CFR Part 331.5,and that it has been received by the Division Office within 60 days of the date of the Notice of
Appeal Process. It is,, , t .,,, _y ul�tnit< ltei(tit't For 1plrc,41 form to the Division office it 7on€!.,not e,htect to the derision.
POINT OF CONTAi :()N OR INFORM y.T1ON:
If you have questions n; ,,'t '!.; 11 you only have questions regarding the appeal process yu.:may
process please contact• also contact:
Roberta K.Budnik Commander
Alaska District Corps of Engineers l.?SAFD, Pacific Ocean Division
CF..POA-RD-S ATTN: CFPOD-PDC'('indy Barger
P.O. Box 6898 Building 525
JEER,AK 99506-0898 Fort Shaffer,III 96858.5440
(907)753-2785
(800)478-2712 (toll free in AK) To submit this form,mail to the address above
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel.and any government
consultants.to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-d:i\
notice of any site investigation,and will have the opportunity to participate in all site investigations. _
Date: Telephone number:
Signature of appellant or agent.
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