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1997-01-15 Special MeetingI X6311 /1CA f-w"111.1 : 03"Wal PLANNING AND ZONING COMMISSION SPECIAL MEETING - JANUARY 15, 1997 CHINIAK LIBRARY MINUTES The special meeting of the Planning and Zoning Commission was called to order at 7:20 p.m. by Chair Friend on January 15, 1997 in the Chiniak Library. II. ROLL CALL Commissioners Present: Jerrol Friend Donna Bell Suzanne Hancock Roberta Scheidler Clarence Selig Walter Stewart Darlene Turner Others Present: Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER SCHEIDLER declared that she had been determined to have a conflict of interest with Leisnoi's request for a CUP for the log transfer facility at Myrtle Creek, as she was the Finance Director for Afognak Native Corporation. CHAIR FRIEND acknowledged the conflict, determined that she should not participate in any discussion, deliberation, or decision concerning the case and excused COMMISSIONER SCHEIDLER from the dias. A quorum was established. In addition, 30 people were in attendance as follows: REPRESENTING LEISNOI: David Nesheim, Forester Wayne Hutchins, Forester Bruce Robertson, President Edward Ward, CEO P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 1 of 10 OTHER CONCERNED COMMUNITY MEMBERS: Ginny Sargent Jane Van Atta Mary Kay Cichoski Wayne Coleman Sue Ketchum Heidi Vincett David Odell Susan Baker Justin Vincett Mar eena Griffin Elaine Griffin Betty Odell Jim Van Atta David E. Gingrich Ellie Werbe Virginia Adams Steve Penn Judy Phillips Verda Koning Judy Lucas Bob Bowhay John Lucas Ernest Scheidler Jane Eisemann Paul Alexander Chuck McWethy ri 4 III. PUBLIC HEARINGS A) Case 96-021. Request for a conditional use permit, in accordance with Section 17.13.040.E Conditional Uses, of the Borough Code, to permit a log transfer facility, including in -water transfer of logs, in the C-Conservation Zoning District. Generally located within Section 6, T30S, R20W, near the mouth of Myrtle Creek in Kalsin Bay. (Postponed from the December 18,1996 Regular Meeting). BOB SCHOLZE indicated 97 public hearing notices were mailed for this case. He announced that tonight's special meeting allowed the opportunity for the Commission to hear concerns and comments from Chiniak residents about the LTF, but that no decision would be made until the Friday, January 24 regular commission meeting. He reported that the "draft" staff report dated November 15 had recommended denial of the CUP request, based on the information presented at that time. He further explained that since that report was prepared, Leisnoi had been working to modify the LTF plans offering some alternate locations, conditions, and operational procedures to address the issues and concerns raised by staff in the draft staff report as well as by fisherman and area residents. MR. SCHOLZE explained that the current, final staff report, dated January 14, 1997 was in a dual format. The first section addressed the CUP request and the second section reviewed the proposed LTF's consistency with policies of the Kodiak Island Borough Coastal Management Program (KIBCMP). Due to additional information and proposed modifications and stipulations, staff offered a recommendation for approval of the CUP (subject to 14 conditions of approval), and a favorable recommendation on the Coastal Consistency Review. He explained that some of the coastal requirements had been deferred to the appropriate State agencies for comments, such as ADF&G and DEC. Should the Commission determine that no amount and combination of conditions will sufficiently mitigate potential negative impacts and ensure that a LTF can co -exist compatibly with other uses, the CUP should be denied. P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 2 of 10 CHAIR FRIEND reminded the audience that the case before the Commission was whether they should permit the log transfer facility with conditions. He understood that Chiniak residents had concerns about other issues concerning logging, but asked that they limit their comments to the LTF, and try to keep their comments to five minutes each. Jim VanAtta asked about the mean high water line. He stated he has observed the entire uplands under water at very high tides under certain weather conditions so that logs stored in the yard could be displaced and floated into the Bay. David Nesheim responded that 11 feet was determined to be the "mean high water" line, and that Leisnoi used 15 feet as their high water line for log storage purposes in their plans. Jane Eiseman asked how long logging in Chiniak would continue. She asked if logging could be completed in four years and therefore, was the four year expiration time proposed in condition #2 too long. She wondered how the figure was established. CHAIR FRIEND responded that the four year expiration was merely a starting point suggested by staff, and that it could be changed by the Commission. Mr. Nesheim responded that the annual harvest rate could fluctuate, but that the current harvest rate would need to double for Leisnoi to complete their planned logging in four years. He added that the timber market also determined their harvest rate, and that 10 years was a best estimate on the length of their logging operation. Bob Bowhay felt that the entire Chiniak area should not be changed to appease the timber market and to accommodate Leisnoi's economic decisions. He went on record as being opposed to the LTF and stated that he would be at the public hearing next week. Sue Ketchum was concerned that the log truck trips would be shorter and therefore, more intensive on the stretch of road between Leisnoi's land and the LTF. She thanked the Commission for coming to Chiniak, noting that the road had been graded, and that today, the log trucks were only loaded to the appropriate capacity rather than over loaded. There was a lot of general discussion about logging trucks on the road and who's responsibility it was to maintain and repair the roads as a result of the heavy traffic. Dave Odell was opposed to the LTF project. He was mainly concerned about the environmental impacts of the facility. He was concerned about bark on the P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 3 of 10 uplands and in the creek and thought there should be a condition requiring Leisnoi to identify an alternative bark disposal site near Myrtle Creek should it be approved. He said that the depth of the containment boom area is far less than the 40' recommended by the 1985 LTF Guidelines. He did not think the depth was adequate considering the tide fluctuation, and questioned whether that area could meet the depth requirement. He also asked about the possibilty of Leisnoi beginning to log at the end of Monashka Bay, and whether they would then truck those logs all the way through town to the Myrtle Creek LTF, and therefore, eventually increasing log truck traffic on the Chiniak Highway. Mr. Neshiem responded that the 40' water depth requirement was only for in - water log storage, and that no logs at this site would be stored in the water. The water would only be used for transporting them from the shore to the barge. He also addressed Mr. Odell's concern about bark, stating that there would be a waste disposal site designated near the facility. He stated that there were no plans at this time to log their property at the end of Monashka Bay. Ed Ward added that the bark and waste disposal was an issue that was addressed by DEC, and that Leisnoi had several additional State agencies to deal with and other regulations they needed to comply with prior to receiving their final approval. Mr. Odell was also concerned about lack of adequate shelter from adverse weather and rough sea conditions, and the potential for pollution from ship ballast water. Mr. Nesheim noted that there were no State or Federal laws regulating ballast water disposal, and that the captain of each ship had the authority to decide when to dispose of its ballast water. He explained that an agreement between the shipper and the shipping company was a method in which to deal with that situation. Bruce Robertson reported on the LTF at Cordova, and explained the similarities and differences between it and the proposed LTF at Myrtle Creek. He pointed out the photograph of a similar LTF on Prince of Wales Island in Southeast Alaska, that showed the mechanism that would be used to place the logs into the water. Mr. Wazd explained that the logs would be placed into the water, as opposed to being dropped, and that the equipment could control the speed at which the logs entered the water. The equipment also had the capability of removing the log from the water in the same manner, to lessen the amount of bark that was disturbed and therefore, the potential for bark settling on the bottom of the bay. He was very concerned about the recent loss of logs from a barge in Southeast Alaska and the hazzard of such a barge accident to marine traffic. The LTF at P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 4 of 10 Myrtle Creek, he said, would eliminate the possibility of this happening to a barge transporting logs to Afognak, as is presently done. CHAIR FREM asked Mr. Nesheim about the average number of logs that would be handled per transfer. Mr. Nesheim responded that the ship could hold approximately 60-70 bundles of logs, with each bundle consisting of 30-35 logs. Ellie Werbe asked if Leisnoi had a current timber survey of all of their Chiniak land. Mr. Robertson responded that a timber survey was currently being conducted and was expected to be complete sometime this spring. They estimated that at their current level of activity, the harvesting would take approximately 10 years. Ms. Werbe wanted to go on the record as being opposed to the LTF. Ms. Eiseman wanted to clarify the use of "long term" vs. "short term." In her opinion, "long term" referred to the amount of time people expected to be in Kodiak, and she felt that was longer than 10 years. She felt that Leisnoi had no "long term" interest in Kodiak's environment. Mr. Nesheim responded that, most definitely, Leisnoi did not plan on leaving after the logging was complete. They intended to remain in Kodiak. Mr ar commented that the mooring bouy used for the log ships could also be used by fishing boats during the season, as a holding anchor, when not in use by the log ships. BOB SCHOLZE pointed out that one of the proposed conditions of approval was that the log transportation activity be conducted to avoid peak fishing times. Mr. Nesheim gave a summary of the research conducted on similar log transfer equipment and the results of the bark debris study. He also reported that Kalsin Bay had a much greater tidal "flushing action" than the LTF referenced in the study. Mr. Ward reported that a dive survey had been done in the area proposed for the facility, and the survey revealed that very little plant growth was located there. The study showed that the bottom was very rocky and therefore, the potential for damage to sea plants was minimal. He said that a copy of the results of that study had been provided to the Commission. P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 5 of 10 Mr. Bowhau said that he dives, and he placed little faith in the results of that survey. He asked about the wetland in the uplands area, and was concerned that they would be destroyed as a result of the log storage yard. Mr. Nesheim responded that the Corps had determined that no `wetlands" existed on the upland proposed for the site. He said that the marshy land that was there was a result of high tidal waters. Paul Alexander stated his opposition to the LTF. He was concerned about preserving the natural beauty of the area and didn't like Leisnoi's attitude that "It's my property, I can do what I want with it." He asked the Commission to take into consideration the quality of life in Chiniak when making their decision. COMMISSIONER SELIG asked about the length of the equipment itself and what affect tidal action would have on it. Mr. Ward responded and stated that the equipment was designed to sustain 90 knot winds. Betty Odell discussed the development of the Chiniak Comprehensive Plan, which began in 1986, and Leisnoi's lack of willingness to participate in the planning process. She was disappointed in the process that was taking place now, and referenced a coastal consistency letter that deferred commenting on certain issues "..due to limited technological expertise...". She didn't feel the Commission had the expertise to decide on some of these issues. She was also concerned about what would eventually happen to the roads, and about the lack of potential enforcement with ADEC and ADF&G regulations, since they were both in Anchorage. She also expressed concern about the safety of residents in the area with overloaded log trucks on the road. CHAIR FRIEND reconfirmed that the Commission had no authority to stop the logging, only to decide whether to permit the LTF. He asked the audience in general, if they would prefer having the LTF at Myrtle Creek, which would remove the log trucks from the Chiniak highway, or having the log trucks continue to drive the road daily for 10 years. The general consensus was that the residents would prefer having the log trucks on the road as opposed to a LTF which would disrupt fishing in the bay and perhaps damage habitat. It was characterized as a choice of lesser evils. John Lucas opposed the LTF. He thought that Leisnoi owned much of the timber in the Chiniak area, and asked the Commission to consider the Chiniak people when they made their decision. P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 6 of 10 Mr. Nesheim reported that Alaska Statutes Title 17 governed logging in the State of Alaska. Mr. Alexander felt that enforcement of the conditions would be difficult. Mr. Ward responded that ensuring the roads were safe not only for Chiniak residents but for everyone who drove the road, was a big concern of his, and that Leisnoi was also intent that the conditions should be enforced. Justin Vincett asked, if the CUP were granted, what was the time line for completion of the LTF and the logging road. Mr. Nesheim reported on the approval deadlines required by DGC, and stated that if everything went according to schedule, they expected a mid summer completion of the project. Chuck McWethv was concerned about the LTF being located so close to the Fish & Game markers, about the possible cutting of lines on crab pot storage bouys. He felt there was much pot storage in the bay, and that there would be a conflict during the commercial fishing season. Mary Kay Cichoski was opposed to the LTF. She preferred having the logging trucks on the road. Heidi Vincett asked questions about scheduling of the transfer operations. Mr. Nesheim reiterated that one of the conditions required that log ship navigation be scheduled to avoid peak fishing periods. After a 10 minute break at 9:40 p.m., CHAIR FRIEND reviewed the appeal process, and reminded the audience that, if this case were appealed, only those who submitted written comments, or spoke at a public hearing would be allowed to comment at the appeal level. Sue B asked if the LTF would look like the facility at Womens Bay. Mr. Robertson responded that the Womens Bay facility was only a sort yard, and agreed that it had not been set up in an organized manner. He stated that the sort yard was located on KONIAG land that Leisnoi was leasing, and that the proposed storage yard at Myrtle Creek would be compacted and much better Lorganized. They had a plan which showed the layout of the proposed yard. He P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 7 of 10 IN also stated that the Womens Bay facility would be cleared of debris, and re -seeded when the sort yard was no longer used as such. Judy Phillips wished to see the logging trucks off the road, but felt the LTF would be an environmental conflict. She was concerned about who would police or mitigate regulations. She asked that, if commercial fishing gear were lost as a direct result of the LTF equipment at Myrtle Creek, would there be compensation. Mr. Ward assured her that if the request was reasonable, and it was obvious that Leisnoi's equipment did damage fishing gear, Leisnoi would be interested in compensating them for it. Ms. Phillips continued that she was concerned that fuel stored at the log storage site could be a potential hazzard. Mr. Nesheim responded that Leisnoi had chosen not to store any fuel on -site. All of their fuel would be trucked to the LTF. Sue Baker asked about the fill proposed at the Womens Bay site vs. the fill proposed at Myrtle Creek. She wanted to make sure that there was appropriate re- direction of drainage and adequate culverting. Elaine Griffin said that as a teacher, the children of Chiniak had written poems for her about the beauty of their area. She said that the Commission's decision could have a powerful impact on what students will write about in their poetry in the future. She felt the proposed conditions of approval addressed some of the concerns, but encouraged the Commission to keep the children of Chiniak in their minds when they made their decision. Virginia Adams felt there had been a breakdown of trust between Leisnoi and the community. She noted that there were conditions proposed for the LTF that could possibly allow a reasonable operation but that the community felt they could not trust that those conditions would be enforced. She was glad for the opportunity to comment to Leisnoi with the outside influence of the Commission, but added that commercial fishermen did not want to be betrayed. They felt their fishing was being put at risk, just as the roads and the timber in Chiniak were at risk. Verda Koning asked about Leisnoi's plans for their logging roads. She was concerned that there would be many roads intersecting the Chiniak Highway and asked for more information. P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 8 of 10 Mr. Ward responded that the only logging road that was proposed to intersect the highway was directly across from the LTF, or as near as the terrain would allow. The intersection would have to meet DOT guidelines. Steve Penn opposed the LTF. He was concerned about bark and about the potential for a log spill. He thought there could be a better location for the facility. He asked about the LTF near the Kalsin Bay Inn. Virginia Sargent responded that Environmental Timber operated that facility, and they had to discontinue operation because they did not receive any of the appropriate State or Federal permits. Mr. Odes asked to hear comments from the Commission. COMMISSIONER TURNER felt the discussion tonight was worthwhile and she listened closely to everyone's comments and concerns. She confirmed that she had not made up her mind yet, and that the Commission would make their decision based on the facts presented to them, not on emotions. She appreciated the comments made by residents referring to the damage that would occur to the fishing industry and the environment, and encouraged those residents to supply the Commission with written documentation. COMMISSIONER HANCOCK encouraged the residents to provide the Commission with reports of the environmental impact of other LTF's, such as Fish and Game or DEC reports. COMMISSIONER SELIG wanted facts and assurance that salmon habitat and water fowl would be untouched. CHAIR FRIEND wanted to ensure that, if the facility were approved, the conditions would be enforced. He was concerned about the roads being safe. BOB SCHOLZE reviewed the appeal procedure once again, and encouraged participation at the January 24 regular meeting. He encouraged those with concerns about fisheries issues to contact Mike Wiedmer at the ADF&G Habitat office in Anchorage. Their was no motion made as a result of discussion at this meeting. LCHAIR FRIEND adjourned the meeting at 10:35 p.m. P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 9 of 10 L ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: February 19, 1997 KODIAK ISLAND BOROUGH PLANNING AND ZONING CONMSSION By: errol Friend, Chair P & Z Minutes: January 15, 1997 Chiniak Worksession/Special Meeting Page 10 of 10