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ATS 49 TR P-19 - Rezone9�G or6V-4 ,A•P td,e -6��a� cc ‘.; UtD fr ce/t-/- ri4A-Le ?- 77/dicti- , SEP - 61994. CA G Pearson Cove /Mission Road Commurnty Association Box 922 Kodiak, Alaska 99615 September 3, 1994 Mr. Dan Ogg Box 2754 Kodiak, Alaska 99615 Re • Corps of Engineers Public Notice *2- 9.40387 Dear Mr. Ogg: This letter is a follow -up to our mid -July correspondence soliciting your participation in an amicable solution to your controversial development proposal (copy attached). Since we last corresponded with you, we have learned of other sources of funding for a potential purchase of P -19. We believe that the City of Kodiak is interested in facilitating the exchange of P -19 as part of a mitigation effort with the Corps of Engineers. We have been advised that there is another source(s) of potential funding for park acquisition; the deadline for application for such funding is fast approaching. We would like to know if you would consider sale or exchange of P -19. Please respond at your earliest convenience. Please contact either Kodiak City Manager Gary Bloomquist or our Pearson Cove /Mission Road Community Association. Marya Nault, 486 -4918 Colle.en Caulfield, 486 -3314 Co -Chair Co -Chair Pearson Cove /Mission Rd. Community Association Community Association Pearson Cove /Mission Rd. cc: Mr. Eric Blankenburg Gary Bloomquist, City of Kodiak MRLINR L SEP -61994 COMrti'Pbiti� C! ARi)ri£IUT fo: Dan Ogg Box 2754 Kodiak, Alaska 99615 Eric Blankenburg Box 707 " Kodiak, Alaska 99615 From: Pearson Cove /Mission Road Community Association c/o Box 922 Kodiak, Alaska 99615 Subject: Kodiak Tideland parcel P19; Public Interest Notice 2- 940387; Waterway Number: ' Kodiak Harbor 70. On behalf of the users of Pearson Cove and the residents "of, the surrounding Pearson Cove /Mission Road community, we would like to inform you of our recent actions in response to learning of your application to the US Army Corps of Engineers, and to our review of Public Notice 2- 940387.. We have recently submitted to the Corps of Engineers two petitions on behalf of area residents: By the first petition, we, the signers, requested that the Corps of Engineers 1)' hold a'public hearing on the application in the City of Kodiak in September, 1994, and 2) extend the public. comment period on the application until the week following the September meeting.. our canvass of"neighborhood ,residents, we noted that many are out of town on vacation or occupied with commercial fishing ventures. We believe that they deserve the opportunity to comment on an application for a plan which could significantly impact their neighborhood and the community at lar9e. By the second petition, we, the signers, requested that the Corps of Engineers deny the application, noting a variety of reasons including_ environmental and other community concerns. Approximately 60 neighborhood residents have submitted a petition to the City of Kodiak requesting that they explore the possibility of purchasing parcel P -19 -or trading suitable tidelands of equal value for it, and that adjacent City. owned tidelands be rezoned. It is-the hope of local property owners that this property can eventually be added to Pearson Cove Park. Recently, it has also come to our attention that certain Exxon settlement funds are now available from the criminal and civil settlements which might allow for the purchase of parcel P -19. We have asked that Linda Freed explore this possibility. It is our hope that you will consider a sale or .exchange of your parcel. We"note that on at least three previous occasions development in the Pearson Cove area has been denied. Major issues involved`" in denial included incompatibility with the contiguous residential areas, lack of legal access to Pearson Cove, inability of traffic to cross the sewer line. (laid on unconsolidated fill); and the strong onshore predominating NE wind and swell, making dock development difficult, if not impossible. We would like this situation to be a win -win situation for both yourselves and the neighborhood. We prefer that there be no dock or industrial development in Pearson Cove. We also do not wish for you to be denied your, opportunity.for developing a project on other suitable tidelands. We hope that it is possible to find a means for all parties to reach an amenable resolution to this matter. Sincerely, Marya Nault Co -Chair ' Colleen Caulfield Co -Chair ,.- �1 / * /t /it J!: l7 • •ry t ,a ,� COM►MUP11TY DEVELOPMENT • -. -:I DEPARTMENT : • • /a.i; 4 9 / „A __f), Ay .;1 ./ i j. //. /1i� # , / r t , 'e i , i D 4_ 1 4C7' -. 0�� /� t 1. F r � � r j __ I} r Post-it- band tax transmittat memo /0(1 1 0o9t,e- ■• Ficr" r Q Dept. phoot # :fro() --a*Var I U. S. Army Corps of Engineers Replatory Branch (1145b) Post Office Box Anchorage, AK. 9950t5-0898 ' rtt:21, C81)1%1,011. 6. Krurrim Maser, MJV Tusiumena P. 0 Box 109 AK. -99oo41 (907) 214-.5481 July 28, 1994 . writing in response to your Public Notice of Application For PerrniL dated U June i 994•, Reference Number 2,=9403tcl tor Waterway Number, Kodiak iarbor 70. 'rite tpOicant is Mr. Eric tilankenburg and the specitic location ()FIN, proposed project. is Pe4hoTi Cove-off Pather Herman Street in Kodiak. 1 received notice of the above relerenced document from the 3.-.,e;.,ason Co■.,,e1Mission Road Uoinmunity Association via Mx, Jim Ashford. of the Far: Ten-aim:1 for the Alaska Marine igliwity System. 1 was a bit -amaLed that a project of this scope'afrecting a major erway in Kodiak wasn't tomarded to th is. vessel dire:01v, or at least through the. Ptak rine Highway Office in JUneau, ather than by the above routing. We are the largost to regularly use that waterway and 1 would think you would be interested in our -viewpoint. In any event, 1 do have the following comments Or) the proposed proiect. 1. strongly believe the project will intertere with sate navigation when approaching St. r4itut Harbor from the north through Near island Channel, This area is used very heavily by vessels transiting to and from the boat harbors (downtown and Dog Bay), especially during the fishing season (May to September). Near Ishind Channel is narrow and restrictive to begin with and the :"ihrottling dowTi' of the nonh end by this project coupled with the presence of C' Rocic act'ss the c!;annel from the project location will serve to make tho approach mole than it air-eady is The bottom line -from a ltavigation point_ of viev: - is thac 6i ngly 1;1't2,4 i OS1 CO project A side issue is the feasibility or the project in its proposed location The area is subot to severe battering from time to time dlit-ing wirer storms and even the rock bank browting the boat storage yard immediaterc -,c,o.th is occasion:illy seriously erode..d. is not a well protected area and 1 seriously do!' )1 ;i h tloat!ng breakwater as shown in the delis do much good except in moderaik k's, weather conditions Survivability of the piers is a valid concern, but 1 suppose, tr:(‘Y.ly It',3se spending their money to build and maintain them. Ltni ifTederel, ‘Slt:f or 'Ands are involved, then project feasibiiity becomes a public concern as well. Thad( you for your attention. Please include this vessel on your mailinp, list for any litirbof projects for all ports from Yakutat 10 Unalaska. We salt to most of them kind we'd appreciate the opportunity to comment in a more timely fashion in the fixture. . num! Relief Mastc' MJV Tustumemt cc: Port Captain, Alaska Marine 1-tishway System, Juneau Mr, Jirn Ashford, Ferry Terminal, Kodiak Pearson Cove/Mission Road Community AssocianDn. Kodiak Aueeet 1, 1994 Army Corps of Engineers Regulatory_Branch_(114-56)__ _ Box 898 Anchmage, AK 99506-0898 RE: Permit - Kodiak Halbor 70 Dea m/. Abodie: DRAFT PORT O yODItik - 403 MOINE Wi1v ODIN. filticKfi 99615 TLLePHOrIE (901) 486-8080 r'fiX NO') 486-8090 This letter is in response to our telephone conversation 'concerning the above referenced Kodiak project, ,Pearson Cove was considered a site for a small boat harbor in the late 1970's, and was quickly abandoned because of the Cove's .exposure to Easterly storms and heavy swell and wave actions. 'The cost to construct a ruble mound breakwater was cost- prohibitive for the benefit of a small shallow draft harbor. , Mditional costs to remove rocks, shoalS and a rocky bottom was :an additional burden. My .experience with floating breakwaterd, the 1,000' unit installed in St. Herman Boat Harbor in 1983., As floating breakwaters are designed to knock down a surface chop Upeto five_feet. _ Swel]e y. :ee-the floating breakwater which provide little protection and cause continuous movement long with the tide and wind. It is my sincere belief, based on Oy years of experience, that a floating breakwater will be 'ineffective at this location. The propOsed floating structures:, i.e. floats, ramps and vessels, will receive heavy rub and wear damage and will be costly to maintain. ooncur with Captain L.G. Krumm, Master of the. M/V TUSTUMFNA, regarding the frequency of trips the vesgel makes to Kodiak. The TUSTUMENA displaces approximately 3100 tons of sea water each time the vessel enters and exits the port. The vessel traffic iS heavy and any additional burden for safe operation is a concern o me. U.S. Army Corps of Engineers Page 2 Although the proposed racility is located well inside the Cove, I respect the years of experience Captain Krum has operating deep :draft vessels and the. M/V TUSTUMENA, and the responsibility he has to his ship and passengers. Captaih Krum is concerned that this proposed project will create a mare azardous approach in the North channel than presently exists. Please consider his 'input on the safety issue. The safety of navigatjon in the Port of Kodiak is a top priority of the City'of Kodiak. Sincerely, !PORT OF KODIAK G.V. "Corky" McCorkle 1-larbormaster/Port Administrator cc: Gary Bloomguist City Manager 7/19/94 To: Linda Freed, Community Development, KIB From: Marya Nati it, Pearson Cove/Mission Rd. Comm. Assn. Box 922, Kodiak, Alaska 99615 COMMUNITY DEVELOPMENT DEPARTMENT Re: COE Public Notice 4T2-940387 This packet will serve to update you on the recent activities of our group. Please note the, addendum to our petition to the COE that requested that they deny the application: the addendum relates to what we believe should be an important issue to all residents and all local government entities, the possible hazard to navigation. If we allow an ill- conceived project to be built at Pearson Cove, we will all have to live with the results for a very long time. We believe that is unsafe to assume that the drawings attached to the referenced Public Notice are "to scale". We have provided a chart and area maps which we believe better illustrate the proximity of the proposed development to the navigational channel. Please note our ongoing commitment to encouraging local government representatives and entities to act responsibly. Please note that in addition to the previously requested public hearing; we have now requested that the COE_ make an on-site visit to Pearson Cove before acting on The application. Mr. Bill' Abadie has verbally indicated to me that such a visit is a real possibility. Further, please note that we have made a formal request to the City of Kodiak that they take a strong position and reply directly to the COE regarding the referenced Public Notice. Last week 1 faxed you a memo regarding whether our group needs to submit a formal request to the Borough to explore the Exxon land purchase option at Pearson Cove. Did you receive it? Additionally, to our dismay, we learned that the deadline for Trustee 'Council funds has already come and gone have no recollection of .an imminent deadline being discussed in our conversation about Exxon settlement fund availability. Could you please advise our group on the: 1) need for us to formally request that the Borough 1-id-c)M-. explore availability of Exxon funds for Pearson Cove land purchase. 2) possibility of an extension of time to pursue the . Trustee Council option. We await your reply. Paarson Covoilliseion Road Community Association c/o P.O. Box 922 Kodiak, Alaska 99615 7/19/91 Mr. Gary Blooniquist, City Manager City of Kodiak 3ox 1397 Kodiak, Alaska 99615 Dear Nr. Bloornquist: Re: US Army Corps of Engineers polic Notice .,2--9210387 Re. our public testimony under Public Comments at the Kodak City Council Meeting of 7/14/921. We would like to formally request to be allowed the opportunity to address the neighborhood Impact of the proposed development on our neighborhoods and the community at large. Should the Corps of Engineers grant the application of Ogg/Blankenburg in modified OF present form, we ask to be allowed to testify when and if the applicants seek permits from the City of Kodiak. We have enclosed a copy of an addendum to our petition to the COE that requested denial of the referenced application. We believe that the issue of a possible hazard to navigation should be a matter of interest to the City of Kodiak as well, since the proposed development is in-irnediately adjacent to one of our busiest waterways. We have presented a packet of pertinent information to Kodiak Harbormaster McCorkle, Jim Ashford, Kodiak orrice, Alaska Marine Highway, the Tustumena Captain, and Kelly Port Captain, Alaska Marine Highway, We have also notified several air taxi operators, as we believe that a possible hazard to navigation could impact them as well. We have asked that they review and comment on this critical issue. Copies of the cover letters- submitted with the packets are enclosed, as are several maps which show the channel in relation to the proposed development. We ask that you not assume that the drawings attached to the referenced Public Notice are to scale". We believe that the maps we have presented better represent the proximity of the proposed development to the navigational channel. p.2, Re: COE Public Notice *2-940387 We believe that a poorly conceived development plan at this location could have a long term and far reaching negative impact on our neighborhoods and the City of Kodiak. We urge the City of Kodiak to give more than a cursory investigation to such matters of mutual_ concern (reference: your letter to Linda Freed " of 7/1/94) as access to the project via Father Herman Street, crossing the sewer line, and proximity to City Parks. We believe that these issues and the potential for hazard to navigation merit a thorough, reasoned investigation on the part of the City of Kodiak at this time. We request that the City of Kodiak investigate the matter in a way befitting responsible city government. We encourage you to deal with these issues now, rather than dealint with resulting problems after the fact. If legal questions remain about. Father Herman Street, we believe that a survey and other research needs to be done while there is still an opportunity to give input to the COE, We again note our belief that City records from the past will reflect that precedents exist for denial of development at Pearson Cove on the basis of crossing the sewer line and -access problems" at Father Herman Street. To our knowledge, the 7/ 1/94 letter written by you to fncia Freed on behalf of the City of Kodiak has, to date, been the oniy communication the City of Kodiak has submitted on this rriaaer. We admit to being somewhat disappointed by the letter's lack of a strong position. If you have not already done so, we hereby request that the City of Kodiak submit comments Re. COE Public Notice -*2-940387 directly to the Corps of Engineers, as soon as possible. We believe that Mr. Bill Abadie at the Permit Regulatory Branch anticipates beginning his review of the application very soon. We note that in our letter to the C0i-7. dated 7/18/94, we have added a request for an on-site visit by the Corps to our previously stated request for a Public Hearing. We believe that the multitude of problems posed by the application merit a thorough 'investigation. ely, ee- Marya ault Pearson Cove/Mission Road Community Association c/o P.O. Box 922 Kodiak, Alaska 99615 Pearson Cove/Mission Road Community Association c/o P.O. Box 922 Kodiak, Alaska 99615 July 18, 1994 Mr. Bill Abadie Permit Regulatory Department U.S. Army Corps of Engineers P.O. Box 898 Anchorage, Alaska 99506-0898 Dear Mr. Abadie: We hereby submit to your office the following addendum to the petition sent to you on 7/8/94 requesting that the Corps of Engineers deny the development application recently submitted to the COE by Mr. Dan Ogg, agent, on behalf of Mr. Eric Blankenburg, applicant, Public Notice .° 2-940387: Re: "Petition comments against development of Kodiak tideland parcel P-19; Reference Public Notice 2-940387, Kodiak Harbor 70:" to our item 12) Safety please add the followingcomments Hazard to navigation: During our canvass of Kodiak residents, representatives of Kodiak's commercial fishing vessel operators, charter boat operators, float plane pilots, and pleasure boaters brought to our attention their concern that the proposed development, especially the proposed floating breakwater, could pose a significant hazard to navigation in the Kodiak channel. The narrow and well-traveled channel immediately adjacent to the site of the proposed development regularly funnels a significant amount of vessel and float plane traffic, as well as Coast Guard vessels and the Alaska State Ferry Tustumena, into and out of the Kodiak Harbor. We note the possibility that construction of such a breakwater could place a significant burden on the Kodiak channel at that location. We also have concern about the possible navigational safety ramifications of the completed breakwater's permanent presence at Pearson Cove in such close proximity to the Kodiak channel. p,2; Re_ 11,5.A:C:.O:F: Publics Notice 2- 9403 37 Vessels entering or leaving the Port of Kodiak through the Near Island channel pass a channel marking buoy northeast of Near island on the Kodiak Island side of the buoy The construction and existence of a breakwater off Pearson Cove would further narrow the entrance to the Near Island channel and potentially be a hazard to shipping. To illustrate the narrowness of the Kodiak channel at Pearson Cove, please note that the Alaska State Ferry Tustumena went aground off Pearson Point in the early 1970's. We believe that the enclosed copies of •USCG Chart 1 6595, and Kodiak Island Borough maps better demonstrate the proximity of the proposed development to the navigational channel. (end addendum) We further note that the public hearing which we requested by our petition sent to the Corps of Engineers on 7/8/94 would offer mariners and pilots an opportunity to comment on their concerns regarding the construction of a floating breakwater off Pearson Cove. We bring to your attention that a poorly conceived development plan could have long term negative impact on the Kodiak community at large. The situation merits a thorough, reasoned review at this time, rather than after the fact. Due to the multitude of community concerns, including, but not limited to, hazard to navigation, we formally request that the Corps of Engineers send a representative to Kodiak to make an on -site visit to Pearson Cove, the site of the proposed development, prior to completing the review of the Ogg /Blankenburg application. Additionally, we formally request the opportunity for authorized representatives of the Pearson Cove /Mission Road Community Association to meet with your representative at the time of such a visit. Besides the mailing address below, our contact phone number in Kodiak is 486 -4918 and our FAX -I is 486 -9450. Sincerely, Marya Nault Pearson Cove /Mission Road Community Association c/o P.O. Box 922 Kodiak, Alaska 99615 To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska /7) rela-fieer2 7) 5 Sub: Petition comments against development of Kodiak tideland parcel P 19; Reference Public Notice 2-940387, Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineers deny the development application based on the cumulative impacts of the proposed activity and its intended use on the public interest: 1) Aesthetics and community values: It is not in the public interest to have an industrial development directly adjacent to a city park encompassed by a residential community. The community has been working since 1962 to have a park in Pearson Cove; numerous public hearings and proposals have been reviewed for industrial use in Pearson Cove. To date all have been denied. The City of Kodiak is in active construction of the adjacent park. Local residents have petitioned the City to request a rezone of the adjacent City owned tidelands to "Natural Use", a restrictive zoning category which includes parks. 2) Access: There is not adequate legal access to the property. Father Herman Street is too narrow in places for 2 vehicles to pass side by side. It is platted at 20' but the road crosses several private parcels and has no legal connection to Mission Road. The only access to Father Herman street is a trespass crossing of a City Park, 3) Economics: there will only be a private economic benefit to the individual owners. Marine storage and docking are adequatly provided by the City and private parties. ' 4) Conservation and education: The small beach and adjacent Pearson Point are regularly used for tide pooling field trips by the local schools. it is the closest accessible beach to 3 schools. It is commonly used for viewing marine wildlife and birds. 5) Subsistence use: The beach has been used by some residents for more than 50 years for clams, mussels, octopus, chiton, and limpet gathering. 6) Sport fishing: The beach and sewer line breakwater are used by local residents for fishing for rock fish, dolly varden, flat fish, and salmon. 7) Navigation: several of the neighbors use the beach for loading supplies onto their commercial boats, sport skiffs, and airplanes. The construction could force boats to use the outer portion of the beach which has large subtidal rocks which could damage the boats or planes. 8) Loss of Beach: The beach is used daily by local residents for walks and other recreational activities. Less than 10 % of the original beaches in Pearson Cove remain; most of the beach and water front was lost when the City of Kodiak constructing the sewer line and subsequently filled the tide lands. The proposed fill area will eliminate nearly half of the remaining beach. Side slope slippage from the proposed fill will encroach on the remaining beach owned by the City further degrading the remaining area. 9) Disruption of long-shore transport of sediment: The small beach on and • adjacent to the site is reliant upon transport of sediment into tae eddy in the north erid of Pearson Cove. The proposed fill would probably disrupt the sedimentation process of the entire beach and consequently disrupt the abundance and distribution of intertidal invertebrates that are resident fauna. 10) Pearson Cove at this location is a resting and feeding area for waterfowl during the winter including Steller's Eiders (Federal Threatened Species) Old Squaw; Scaulp; Harlequin; Black, White Wing, and Surf Scooters; Horned and Red Neck Grebes; Commmon, Arctic, and Red Throated Loons. The proposed dock would cover a large portion of this small but important resting and feeding area. 11) The eddy at the north end of the cove is utilized by marine mammals including: sea and land otters, harbor seal, and steller sea lion. These mammals have been observed feeding at this site and sometimes "haul out" on the beach and nearby Pearson Point. We would expect that the proposed activities on the site would reduce the frequency of this behavior which is visible from many of our homes. Not long ago killer whales were observed killing and eating a sea lion in the vicinity of the site. 12) Safety: In 1984 a proposal to build a dock complex in Pearson Cove was denied partially on comments from fishermen and processors that the prevailing winds and swell during the winter would make it nearly impossible to hold a dock or floats in place. The proposed floating breakwater would be ineffective to prevent damage to the dock. If it were effective its construction would probably change the deposition of the adjacent beach. The floating breakwater in Dog Bay is a much more massive structure with a more protected exposure, yet it is being replaced with a permanent breakwater. A 'If R 0 A ... • ROAD ISPoil PIE ityllion VNIONO w z w MIN TREE T 0 1 11011 INutoo"-- 11111111P nog% litm m_moi 4011.1111 4111 alailo..111"1.11" rr REZANOF 9 5- N 21 Deaoll rearsoll OIR 111.0.811. .441VIA I.43 101111111111T4cP South Side of Chaldefq QJCFLG ,zzBELL BOUY S 00 S.` AST 4, uD/rioN It 400 4- zQO 0 - •. • D • • • •• • �E2 t\J.CF II VI . •• • • • ling : 1 ve 1 • • • • • • • • • • • • LI.L se "84 4OP 0e. 9000 00 00, 0.0 000 800 •. 18r1?. 1. R E c ANOF NPR: 0 •• •• 111 .• )ea-rSOr\ PG• Cbve_ c.C‘'\ L) `0 4f /e)-Ve 5-se / proposeddevelorte r(eC' ::_p:: V , 07, .•••• : 1 . h. IN .. •• .•• fi •.: 11 , a .: .. .. fliii 4„. Ali_ t, Istir un.:,...:ii ..,4,..4. N.. t ; 0 Pi > glint :4”. t• L. - r - .• sad •90 Ls! • • • / 1 RI AMC '1 • crol3Lpi .... - /O C-c-1511 \ ?ea -b TP0lrrrt- ari.d Reef ��-G,t v #,erm _rireef � Loney /and acc eSS -/-v P-/99 r�un� Pea rsah Pc /it : 51. f 1971 • NA 11111111 0 ‘C rII ' 12 s} i i' 14 12 II 12 PRO, II2 12 1 i 1,40 .g % • J C /3" 11 ��r j• ti •3� s. Pi FI:4 %VP' 9 6: s _f* 7 fe fi. 7 a 7= 7;! �l 14 4% 19 l '"1.#6 i' j 14 �•�� 11 ai'AY I fits "'a4 143:' i;.41"R / �- 4 1g i j #i' 8i 79 i 15 1 t :11 iet� 9i � aiutiGKKOF I " ! 22 7 "ye 24 19 23 • :i 13 13 16 i 29 13 20 06 9 17 /'h3 9074869450 1/15/94 (page 1 of 6) To: Linda Freed Community development Department Kodiak Island borough Fax #486 -9374 From: Marya Nau1 t Pearson Cove /Mission Rd. CommunityAssociation Fax 4486 -9454 1 have included a copy for your information of public testimony delivered at the City Council meeting on 7/14/94 on behalf of our association. P.01 We have informed Ogg /Blankenberg of our actions in response to their Corps of Engineers permit application and have formally requested that they consider a sale or trade of Tidelands parcel P-19. A copy of that communication was taxed to you yesterday. At this tune, does our association need to formally request that you pursue a possible purchase via Exxon settlement funds? We will provide whatever letter is appropriate at this time. -JUL -15 -94 FRI 11:43 F.Y.GOLD NUGGET 9074869450 P.O2 Testimony on behalf of Pearson Cove /Mission Rod Community Association during Public Comments at the 7/14/94 City Council Meeting was as follows: City Manager and Council: My name is Marya Nault. Since I am speaking on behalf of a number of residents, 1 would like to request a few more than three minutes of your time. I live at 1114 Mission Road. My family has owned the property at this location for approximately 50 years, and I have resided at the address for six years. In the audience tonight are several other residents of Mission Road and Pearson Cove, some of whom have resided there since 1940. Could you stand up as 1 call your names so that the Council can see you? Tom Pearson, Gail Pearson, Emily Nekeferoff, Annie White, Carolyn Reft McCrory, Ruth Breckberg, Patty Holmes, Fran Powell, Darcy and Charlie Wait, Bill, Colleen, and Kelly Guy, and Sharon Reft and Heather Reft. Thank you. Last month, several property owners in the Pearson Cove area learned of an application made to the US Army Corps of Engineers by Dan Ogg on behalf of Eric Blarikenburg. The applicants seek permission from the Corps of Engineers to place armor rock fill, construct two 50 foot by 30 foot piers, two ramps, two floats, two 24€30x24 foot high buildings, one on each pier, for caretaker housing and marine related activities and storage, and an optional 120 foot by 10 foot by 6 foot floating breakwater. The proposed location for this project is at Pearson Cove on City Tidelands Parcel P -19. Upon review of the Corps of Engineers Public Notice # 2- 940387, we canvassed the neighborhood, contacting and informing residents. ,JUL -15 -94 FRI 11:43 F.V.GOLD NUGGET 9074869450 P.O3 p.2, Public Testimony re. P -19, //14/94 We circulated three petitions and provided homeowners and users of Pearson Cove with copies of Public Notice *2- 940387. Nearly all of the residents we contacted were hearing of the application and proposed development for the first time. We also noted with concern that many area homeowners were out of town on vacation or engaged in commercial fishing during the entire public comment period, which ended on July 8th. We believed that area residents deserved the opportunity to comment on a plan which we believe could signi [icantly impact the Pearson Cove/ Mission Road neighborhood and the community at large. Therefore, we recently submitted to to Corps of Engineers two petitions on behalf of area residents. (1 believe that Mr. Bloornquist has provided you with copies of our packet of materials.) By the first petition, we requested that the Corps of Engineers 1) hold a public hearing on the application in the City of Kodiak in September, 1994, and 2) extend the public comment period on the application. By the second petition, we requested that the Corps of Engineers deny the application, noting a variety of reasons including environmental and other community concerns. We believe that any industrial development at Pearson Cove would be incompatible with the adjacent City Parks and residential neighborhoods. Community concerns specific to the Blonkenburg /Ogg proposal focus on questions of legal access to the property, increased traffic (especially Father Herman Street), crossing a sewer line built on unconsolidated fill, possible hazards to navigation, changes in habitat on the adjacent beach, interference with traditional uses of the _„vim. -ia 7t rKi 11:44 F.V. GOLD NUGGET 9074869450 p.3, Public Testimony re. P -19, 7114194 P.04 area and community aesthetic values. On Monday we submitted to the City Manager, on behalf of approximately 60 neighborhood residents, a petition requesting that the City of Kodiak 1) rezone the City owned tidelands at Pearson Cove from Industrial to Natur•ai Use, and 2) explore the possibility of purchasing tidelands parcel P 19 from private industrial ownership and rezone it to Natural use for incorporation into the Pearson Cove Park. We believe that very good reasons exist for the City to explore the purchase of this land, and that an industrial zone is incompatible with the adjacent City Park and neighborhoods. 1 would also like to bring to your attention this map showing the Pearson Cove neighborhood, and the location of the proposed project. Parcel P-19 is highlighted in green. Nearly all of the signers of our petitions reside on the streets have highlighted in yellow. Another possible solution to the dilemma presented by the development proposal has recently come to our attention. Certain Exxon settlement funds are now available from the criminal and civil settlements which might allow for the purchase of parcel P -19, and we intend to explore this possibility, as well. We have recently communicated with Dan Ogg and Eric 131ankenburg concerning action taken by our neighborhood association with regard to their permit application. We have also expressed to them our hope that they will consider a sale or exchange of this parcel. In recent years, many local residents have purchased hand and built homes in the Pearson Cove/ Mission Road area. Many fine new Kodiak families have joined some of Kodiak's oldest families in making homes w171.■ rml 11 ;4* F.V.GOLD NUGGET 9074869450 p.4, Public Testimony re. P -19, 7/14/94 P.95 there. The many children of our neighborhood and the community at large enjoy our quiet residential neighborhood. The City Park at Spruce Street and Father Herman is well used, and we anticipate that the new City Park at Pearson Cove will also be a popular spot for neighborhood children to gather_ However, our neighborhood association is gravely concerned that the proposed construction and development at Pearson Cove will pose a significant hazard to our children both during construction and after completion. Father Herman Street is barely able to accommodate the present vehicular traffic level, let alone the huge increase that a construction project of this magnitude will bring. We note that on several previous occasions development in the Pearson Cove area has been denied. As you know, Pearson Cove has already been significantly impacted by the installation of a sewer line and subsequent backfilling of the area by the City of Kodiak. Many Pearson Cove residents sustained a loss of their beachfronting for which they remain uncompensated. However, Pearson Cove residents were encouraged by the City of Kodiak's commitment to the plan for a Pearson Cove Park. If the applicants receive permission from the Corps of Engineers to proceed with this project, we request that the City of Kodiak take a leadership role in helping us to preserve the integrity and the safety of one of Kodiak's oldest and most gracious residential neighborhoods. At this time, we want to formally request to have the opportunity to publicly comment on the neighborhood impact of this project when and if the applicants seek permits from the City of Kodiak. We ask ,.JUL -15 -94 FRI 11 :46 F.V.GOLD NUGGET 9074869450 P.06 p.5, Public Testimony re. P-19, 7/1 4/94 that the City of Kodiak assume some of the responsibility for having helped to create the situation in which our neighborhood now finds itself. We recently learned that the City of Kodiak had an opportunity to purchase Parcel P -19 at the time of the sale of the Pearson estate. In hindsight, it may have been wise for the City to have purchased the property, since its suitability for development into an industrial zone is questionable. We look forward to working together with you to resolve the matter to everyone's satisfaction. At this time, 1 would like to invite other residents of the neighborhood to comment, if they wish. If you have any questions, I would be glad to try to answer them. Thank you for your time. 7/10/94 Mr, Gary Bloomquist, City Manager City of Kodiak 710 Mill Bay Rd. Kodiak, Alaska 996I5 Dear Mr. Bloomquist, On behalf of the residents and users of Pearson Cove and the Pearson Cove /Mission Road Community Association, I hereby submit to your office a petition which references US Army Corps of Engineers Public Notice 2- 94038 /. I have attached a copy of the Public Notice of Application for Permit, and a diagram of the immediate neighborhood, showing the properties and streets in proximity to Kodiak Tideland Parcel P19. Please note that nearly all of the signers on both petitions reside on the highlighted street addresses. By this petition we, the signers, request that the City of Kodiak 1) rezone the City owned tidelands at Pearson Cove from Industrial to Natural Use, and 2) explore the possibility of purchasing tidelands parcel P 19 from private industrial ownership and rezone it to Natural use for incorporation into the Pearson Cove Park. As you know, Pearson Cove has already been significantly impacted by the installation of a sewer line and subsequent backfilling of the area by the City of Kodiak. Many Pearson Cove residents sustained a loss of their beachfronting for which they remain uncompensated. However, Pearson Cove residents were encouraged by the City of Kodiak's commitment to the plan for a Pearson Cove Park. We believe that any industrial development at Pearson Cove would be incompatible with the adjacent City Park and residential neighborhoods. Community concerns with the Blankenburg /Ogg proposal focus on questions of legal access to the property, increased traffic (especially Father Herman Street), crossing a sewer Line built on unconsolidated fill, possible hazards to navigation, changes in habitat on the adjacent beach, and community aesthetic values_ For your information, we have also included a copy of the two petitions submitted by our association on 7/8/94 to the US Army Corps of Engineers. By the first petition, we, the signers, requested that the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak during the month of September, 1994, and 2) Extend the public comment period until the week following the September meeting. Of the Pearson Cove vicinity residents contacted by our committee between 6/8/91 and 7/7/94, almost none were aware of Mr. Dan Ogg's recent application to the US Army Corps of Engineers on behalf of his partner Mr. Eric Blankenburg. Worse, many neighborhood residents whose properties could conceivably sustain negative impact from the proposed project are out of town on vacation or engaged in commercial fishing enterprises. Of the Kodiak residents contacted by our committee, 1002 were in support of the petition to request that the US Army Corps of Engineers hold a public hearing in Kodiak and extend the comment period on the application. p.2 By the second petition, we, the signers, requested that the US Army Corps of Engineers deny the Ogg /Blankenburg application for the reasons noted, which are numerous. We believe that approval of the application could have potentially devastating negative impact on our neighborhood community and the community of Kodiak at large. Of the Kodiak residents contacted by our committee, the overwhelming majority were in support of the petition to request that the US Army Corps of Engineers deny the application. Thank you for your attention to this matter, and we look forward to your response to our request. If you should have any questions, please contact Marya Nault (486 - 4918), or Colleen Caulfield (486- 3314). Sincerely, C /(2t- Marya t. Nault Pearson Cove /Mission Road Community Association 1 1 14 Mission Rd. (residence) P.O. Box 922 (mailing) Kodiak, Alaska 99615 rap'saa A U K I e .< -7 V . J4 41-3-0 �(V of-c)!--F--f-au ;N a aN J Lo fo,icip-1#41??/;06/16.1 Aimizual • qd u•D‘ liton- _..: fr 1:11111:10.111E MAW gibiatfre• A o 1779 u4 % "vim Low Zaa). (a,*9 is ' `�° aaa S -`) 61 o .balsa 4Pp ' /1.1,?r5?el ?A 6u.4 05-9761 /..Fr:INA!,}1(5, 1441!-. ,FA Tyg' tliaf a,P1201 G8�'Q 46-Z ?' /9nd -avid (3_12.f? ••. • • • 3ONVZ 3 H - ,::._ ::.=::: ......::::_: ..........1 (T. To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned presidents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. P inted Na e: char A44( go ivie ift. iS "lr / i /� vehAisid Address: / /z /7` l/ �©vt 2-355 61VE L ci. 6 aff /1'4'4 - Faker /11-‘( --1 (5)et-e1 41.-e 3 u c R.4.440 ;hit .-. To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. Signature: 9vovai Address: tc /4 /o ,. It A7,407.45 4e (?)a pie ne S4-e wart Jo a L. Nuowy0-nd (.fAv c J • �� l �s c�,/1 ( 7 si U3 W ©IKa UJbe To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. Printed Name: r,Lp5 1 A Signature: Address=: f 7)-1 LA01 ic.6S cu.),e_ lax Z84 \A TUr O S /lam 1.3o1kci-A.4,-- itzz kJoL P2 4.4-0/ /1444'r Ir3'f wolfs -tor u‘cik, 4k //JG wa /.6 .41,m#1 /! -T 6 4,0416911"P ,CA4/1c 804' JS G9 //c (L f c.1 ed. c)34/}/ y ReF7 h4e Ea) , •• leEF H e Elie.i A. S? P bu::umd cv R. R)ed (1)G1J C1.j ' /fie Rey. !Li -21:1111/1 U ,' 4 To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural for incorporation into the Pearson Cove Park. Printed Name: f 4 , r * 1 P o Debra. 1-c.• L)QYL4 t( Mp (Lan; 4-a f RAN /1'j CAI -c oN � owl '40e t€- ( Osc' nysoty :.,, art, I( ./' lol► 40 o7j atur:: Address: ///s / 1 / 3 A I S /1isoi L U /?)sera //a3 /%? /siii» 1 1 I `► MSS S zu.�/ gfovz e/= tt!s : ,/P /ot/i _ s/44, /or /t. i 5 l'i(-E is FffrIf Ike/ / (sr, /// 7 intas,o7, 4J a.uLt To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. Printed Name: c►,R/s / 4=1V s Cl/ Alt .. aNK Signature: Address: G 31 A, I �I V cD AMILIWAMOr /kit 55/ ‘eD't. 4' I H 1 To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. Printed Name: Si•natu,e: Address: ,1rn/A rq,J /.°,nr nvn) /yl/ Uj. 4r.6,k ( 7. fa -mc(d., 5 Ci-r i /L_1 lY(/ GU, Kou4kcr.q_ To: The City of Kodiak From: The Pearson Cove Community Residents and "Pearson Cove Park Strip" users. PETITION TO ENHANCE THE PEARSON COVE PARK: We the undersigned residents of Kodiak petition the City of Kodiak: 1) Request a rezone of City owned tide lands in Pearson Cove from "Industrial" to "Natural Use ". 2) Request the City to explore the purchase of tidelands parcel "P 19" from private "Industrial" ownership and rezone it to "Natural Use" for incorporation into the Pearson Cove Park. Printed Name: j; Signature: Address: /, O 0 )1/221r tfef Jy Pearson Cove/Mission Rd. Community Association Box 922 Kodiak, Alaska 99615 Division of Governmental Coordination Office of Management and Budget 3601 C Street . Anchorage. Alaska 99503 July 8, 1994 Ref: USACOA Public Notice No.2-940387, Waterway: Kodiak Harbor 70, tide land parcel P-19. Dear Sir: We are forwarding copies of petitions sent to the U.S. Army Corps of Enaineers(USACOE) 1) Requesting an extension of the Public Comment Period and a public hearing in Kodiak during September of • 1994. 2) a copy of our petition requesting a denial of the application to fill and construct two docks and a floating break water. We only recently learned of this proposal in late June and we have not been able to obtain a copy of the Alaska Coastal Management Program (ACMP). Could you please advise us where we can obtain a copy as we would like the opportunity to study this document. and determine for ourselves the consistency of this project with the ACMP. Can your office supply us with this document? If the ACMP provides for a public hearing process we would like to request one for the same reasons defined in our application to the USACOE. Basically we believe that the construction of the proposed project is incompatible with the adjacent park and residential areas. Questions of legal access to the property, crossing a sewer line built on unconsolidated fill, exposure of the property to the predominant NE storms, biological effects on species of Federal Concern, potential hazards to navigation, and aesthetic values are some of our major concerns. (2 Colleen Caulfield Co-Chair Post-It" brand fax transmittal memo 7671 # of pages ■ I To lt12--Le 4,14--1-1 From L-.1 t4=46r-f-14-Ea2 Co. Co. Dept. PhoULit — Sk.a.0 Faxic- '3u, Fax # 4.-13Lb -" 93-Vip Pearson Cove /Mission Rd. Community Association Box 922 Kodiak, Alaska 99615 Wayne Doelzal Habitat Division Alaska Dept. of Fish and Game 333 Raspberry Road Anchorage, Alaska 99518 July 8, 1994 Ref: USACOA Public Notice No.2- 940387, Waterway: Kodiak Harbor 70., tide land parcel P -19. Dear Sir: We are forwarding copies of petitions sent to the U.S. Army Corps of Engineers(USACOE) 1) Requesting an extension of the Public Comment Period and a public hearing in Kodiak during September of 1994. 2) a copy of our petition requesting a denial of the application to fill and construct two docks and a floating break water. We believe that the construction of the proposed project is incompatible with the adiacent park and residential areas. Questions of legal access to the property, crossing a sewer line built on unconsolidated fill, exposure of the property to the predominant NE storms, potential hazards to navigation, aesthetic values, charges in habitat of the adjacent beach from alteration of the Iona shore drift and potential effects for subsistence clamming, biological effects on Species of Federal Concern, are some of our major concerns. Pearson Cove is one of the few locations in the City of Kodiak where several. of the Species of Federal Concern can be observed from individual homes in the ne i ahborhood as well as the adjacent park and beach. Construction. of the proposed structures would not only affect the aesthetics but would interfere with the feeding and resting of the . species listed in our petition. Over 90% of the beach area in Pearson Cove have been filled and the intertidal areas were completely destroyed. We would ask you to review this application with a perspective of maintaining the biological integrity of the small portion of the remaining beach and tidelands in Pearson Cove, and deny the application. Sincerely: . M rya,�Nault Co teen -u1 'e1d Co -Chair Co -Chair 7/7/94 Mr. Bi11 Abadie Permit Regulatory Branch US Army Corps of Engineers, Alaska District Post Office Box 898 Anchorage, Alaska 99506 -0898 Dear Mr. Abadie, On behalf of the residents and users of Pearson Cove, Kodiak, Alaska, 1 hereby submit to your office (via Certified Mail with return receipt) two petitions which reference Public Notice 2- 946387. By the first petition, we, the signers, request that the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak during the month of September, 1994, and 2) Extend the public comment period until the week following the September meeting. Of the Pearson Cove vicinity residents contacted by our committee between 6/8/94 and 7/7/99, almost none were aware of Mr. Dan Ogg's recent application to the US Army Corps of Engineers on behalf of his partner Mr. Eric Blankenburg. Worse, many neighborhood residents whose properties could conceivably sustain negative impact from the proposed project are out of town on vacation or engaged in commercial fishing enterprises. Of the Kodiak residents contacted by our committee, 1002 were in support of the petition to request that the US Army Corps of Engineers, hold a public hearing in Kodiak and extend the comment period on the application. By the second petition, we, the signers, request that the US Army Corps of Engineers deny the Ogg /Blankenburg application for the reasons noted, which are numerous. We believe that approval of the application could have potentially devastating negative impact on our neighborhood community and the community of Kodiak at large. Of the Kodiak residents contacted by our committee nearly 100Z were in support of the petition to request that the US Army Corps of Engineers deny the application. I have attached a copy of the Public Notice of Application for Permit, and a diagram of the immediate neighborhood, showing the properties and streets in proximity to Kodiak Tideland Parcel' P19. Near)y all of the signers on both petitions reside on the highlighted street addresses. 1 note my personal dismay with the following: that the public comment period on an application of such significant impact on a neigborhood and a community could conceivably come and go without anyone in the neighborhood or the community at large becoming aware of it. Sincerely, f( 4- &(/11—. Marva . Nault 1 1 14 Mission Rd. (residence) P.O. Box 922 (mailing) Kodiak, Alaska 99615 To: Fr: Sub: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Residents and Users of Pearson Cove Kodiak, Alaska Petition Requesting extension of the public comment period and scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period until the week following the September meeting. -4 Justification: 1) The participants in this proposal are not available for inquiries from the community. Mr. Ogg, a partner in the project, is out of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is presently residing in the State of Washington. 2) Inadequacy of notification period. We the undersigned were not aware of this project proposal until recently (late June). 3) Many of the residents of the area are currently engaged in activities that make it difficult for them to comment at this time, including commercial and subsistence fishing, business activities relating to commercial fishing, and vacations. The diversity of fishing activities salmon, bottom fishing, and crabbing) take residents throughout the state during most of the summer months. 4) The City, Borough and residents attorneys are exploring the legal issues of access to the proposed project. ‘‘; Print -d Name: Address:- i 4 .0741 eV: / 1- ...,.-- ,ANNINVAjgr AmaiF:mr. ,te4INITI4eAr AlPa eWi Alliffral..., 414,91rdinIMPITION■ p7 )01a ticiazii, 1014---f-/ 04.444 1249Msr 1/4(4-4 fo, fA-U 3):Nit; e&to %Me) AS It, To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska Sub: Petition Requesting extension of the public comment period and • scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbdr-70: Local residents and users of Pearson Cove request the US Army. COrps of Engineers: 1) Hold a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period until the week following the September meeting. . • Justification: _ ;7--•=t*Af4,1-.01, 1) The participants in this proposal are not available for inquiries from the community. Mr. Ogg, a partner in the project, 'is out of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is pr7liVy residing in the State of Washington. 2) Inadequacy of notification period. We the undersigned were no -aware of this project proposal until recently (late June) 3) Many of the residents of the area are currently engaged in activities that make it difficult for them to comment at this time, including commercial and subsistence fishing, business activities relatin commercial fishing, and vacations. The diversity of fishing activities 1 salmon, bottom fishing, and crabbing) take residents throughout the state during most of the summer months - 4) The City, Borough and residents attorneys are exploring the legalShmes of access to the proposed project. Add Printed Name: 8-/buA aflalvt,4N rilueSS ,74,yH./Feicr -Shettok) Mori redle na iffesem;As -;e1,t))4, ii3y tudkoff Lam_ . */ s4 104.,14 ozA wow r ,i/is.Ohod .471);;. gee, FAMA,Witialw To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska Sub: Petition Requesting extension of the public comment period and scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineers: 1) ¥old a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period until the week following the September meeting. Justification: 1) The participants in this proposal are not available for inquiries from the community. Mr. Ogg, a partner in the project, is out of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is presently residing in the State of Washington. 2) Inadequacy of notification period. We the undersigned were not aware of this project proposal until recently (late June). 3) Many of the residents of the area are currently engaged in activities that make it difficult for them to comment at this time, including commercial and subsistence fishing, business activities relating to commercial fishing, and vacations. The diversity of fishing activities ( salmon, bottom fishing, and crabbing) take residents throughout the state during most of the summer months. 4) The City, Borough and residents attorneys are exploring the legal issues of access to the proposed project. Printed Name: Lpeweb, to L. \\•:•\ e.11.0,21) 'i?Ptab `-t/torsker% SineRartA Sharon-R.-fibm 140r n Echo ;r-va R Ftbfr -110- ,Y)/Accc Acsiacq Ic 1 de Vbf L. avAcc, . Signature : Address : .)411 f/4 1 ARM aeg elit-szo /t/ AV ifrifitzer-Airr, AIMMOr 4rA,14 . 0.49, /16 f \, (L 0 a- 3of 1-) ?czav-No.c' rri-elsc-oor, Ph . _ 132 teeikocc" St, /OP 3YK.0 FP-Sr. 1i.gg eA. t34 WOW-Off (?■41. 'k'-20 To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska Sub: Petition Requesting extension of the public comment period and scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period until the week following the September meeting. Justification: 1) The participants in this proposal are not available for inquiries from the community. Mr. Ogg, a partner in the project, is out of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is presently residing in the State of Washington. 2) Inadequacy of notification period. We the undersigned were not aware of this project proposal until recently (late June). 3) Many of the residents of the area are currently engaged in activities that make it difficult for them to comment at this time, including commercial and subsistence fishing, business activities relating to commercial fishing, and vacations. The diversity of fishing activities salmon, bottom fishing, and crabbing) take residents throughout the state during most of the summer months. 4) The City, Borough and residents attorneys are exploring the legal issues of access to the proposed project. Printed Name: MAF(oLlt f-if"(c'---S. r ALtro4),J Ra.poiki 0. P4 ev-- T. k;12 01.1 71e (7_1 /2 J)/ 1;a1A 1 kL, .111.._(;))1 Signature: niat9.1/A-- / • !/0"1411,1, 4ft 11 Id s AO,o arm err 4' sitIMAIr / 4-‘01104V kaL..11111414-11t11061 11 oef - lir Address: 13-,2• V.Woe f ZL23 22J 4./ze./Ati /qt( kousicev / 1<evivil /W90036,4- 1532 terv*rk/ //C'erv-17,, /Z/ /W./W'. iyke14,- • MoA) Ro ia)) V Z2_6% (k, #61J114 11 / To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska - Sub: Petition Requesting extension of the public comment period and scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbor 70: • • Local residents and users of Pearson Cove request- the-US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period Until.E he week -f63..lowing the September meeting. Justification: • a 1) The participants in this proposal are not availabie for inquiries from the community. Mr. Ogg, a partner in the project, is of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is presently residing in the State of Washington.:a 2) Inadequacy of notification period:: We the undersigned iwere not aware of this project proposal until recently (late June):1, 3) Many of the residents of the area are currently"en 6 n activities that make it difficult for them to comment at -'this '„5;:t'ime, including commercial and subsistence fishing, business activities relating to commercial fishing, and vacations. The diversity of fishing activities ( salmon, bottom fishing, and crabbing) ,take residents throughout the state during most of the summer months. - - 4) The City, Borough and residents attorneys are exploring -the lega127sues of access to the proposed project Printed k Name : F'/t) Hatue7_1_ Teb r a- a- I (iq 1/411 em-o-t F RAA/By. fio-kif4/4/ Pou 6 AlosoW / 1 / 3 ' ii...1;4gIf ,4 +.' 87 1 ■,-.1. ----y-q.or i/.2 v.,',- ,,,,---:r *:::!:, --'1441g117Prir ' if& ik ..,...,.... ... . ,•./;:;.-,-;v:t4V'7V: ;V: -- ' ,_ AL,-- •=4"?7...`-',,kt`I' ::;:i4;j0- fr:-e- q : . 4:20Z i; 'MVP tkg, -.4.'". . , sv ••3$1k1 „wow n c1J/f m„,. • 51.4 ,,,A,virN To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska Sub: Petition Requesting extension of the public comment period and scheduling of a public hearing in reference to Kodiak tideland parcel P 19; Public Interest Notice 2-940387, Waterway: Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak During the month of September. 2) Extend the public comment period until the week following the September meeting. Justification: 1) The participants in this proposal are not available for inquiries from the community. Mr. Ogg, a partner in the project, is out of town for the summer at his set net site in Uganik Bay; Mr. Blankenburg is presently residing in the State of Washington. 2) Inadequacy of notification period. We the undersigned were not aware of this project proposal until recently (late June). 3) Many of the residents of the area are currently engaged in activities that make it difficult for them to comment at this time, including commercial and subsistence fishing, business activities relating to commercial fishing, and vacations. The diversity of fishing activities salmon, bottom fishing, and crabbing) take residents throughout the state during most of the summer months. 4) The City, Borough and residents attorneys are exploring the legal issues of access to the proposed project. Printed Name: Si "A;x72.- ?e,4/4r-fl GLry C AirK"),NAJ,s -r1 Qiuki natu e: Address: ZkIL /-;1-/ V e-ts.ke T-3641 .?)4 ss, To: US Army Corps of Engineers Alaska District Regulatory Branch P.O.Box 898 Anchorage, Alaska 99506-0898 Fr: Residents and Users of Pearson Cove Kodiak, Alaska Sub: Petition comments against development of Kodiak tideland parcel P 19; Reference Public Notice 2-940387, Kodiak Harbor 70: Local residents and users of Pearson Cove request the US Army Corps of Engineersdeny-ths_develOpmett application based on the-cutriUlative impacts of the proposed activitrand-ItS-intehded-Uffe-:on-the--publicAmterest 1) Aesthetics and community values: It is not in the public interest to have an industrial development directly adjacent to a city park encompassed by a residential community. The community has been working since 1962 to have a park in Pearson Cove; numerous public hearings and proposals have been reviewed for industrial use in Pearson Cove. To date all have been denied. The City of Kodiak is in active construction of the adjacent park. Local residents have petitioned the City to request a rezone of the adjacent City owned tidelands to "Natural Use", a restrictive zoning category which includes parks. 2) Access: There is not adequate legal access to the property. Father Herman Street is too narrow in places for 2 vehicles to pass side by side. It is platted at 20' but the road crosses several private parcels and has no legal connection to Mission Road. The only access to Father Herman street is a trespass crossing of a City Park. 3) Economics: there will only be a private economic benefit to the individual owners. Marine storage and docking are adequatly provided by the City and private parties. 4) Conservation and education: The small beach and adjacent Pearson Point are regularly used for tide pooling field trips by the local schools. it is the closest accessible beach to 3 schools. It is commonly used for viewing marine wildlife and birds. 5) Subsistence use: The beach has been used by some residents for more than 50 years for clams, mussels,:octopus, chiton, and limpet gathering. 6) Sport fishing: The beach and sewer line breakwater are used by local residents for fishing for rock fish, dolly varden, flat fish, and salmon. 7) Navigation: several of the neighbors use the beach for loading supplies onto their commercial boats, sport skiffs, and airplanes. The construction could force boats to use the outer portion of the beach which has large subtidal rocks which could damage the boats or planes. 8) Loss of Beach: The beach is used daily by local residents for walks and other recreational activities. Less than 10 % of the original beaches in Pearson Cove remain; most of the beach and water front was lost when the City of Kodiak constructing the sewer line and subsequently filled the tide lands. The proposed fill area will eliminate nearly half of the remaining beach. Side slope slippage from the proposed fill will encroach on the remaining beach owned by the City further degrading the remaining area. 9) Disruption of long-shore transport of sediment: The small beach on and adjacent to the site is reliant upon transport of sediment into the eddy in the north end of Pearson Cove. The proposed fill would probably disrupt the sedimentation process of the entire beach and consequently disrupt the abundance and distribution of intertidal invertebrates that are resident fauna. 10) Pearson Cove at this location is a resting and feeding area for waterfowl during the winter including Steller's Eiders (Federal Threatened Species) Old Squaw; Scaulp; Harlequin; Black, White Wing, and Surf Scooters; Horned and Red Neck Grebes; Commmon, Arctic, and Red Throated Loons. The proposed dock would cover a large portion of this small but important resting and feeding area. 11) The eddy at the north end of the cove is utilized by marine mammals including: sea and land otters, harbor seal, and steller sea lion. These mammals have been observed feeding at this site and sometimes "haul out" on the beach and nearby Pearson Point. We would expect that the proposed activities on the site would reduce the frequency of this behavior which is visible from many of our homes. Not long ago killer whales were observed killing and eating a sea lion in the vicinity of the site. 12) Safety: In 1984 a proposal to build a dock complex in Pearson Cove was denied partially on comments from fishermen and processors that the prevailing winds and swell during the winter would make it nearly impossible to hold a dock or floats in place. The proposed floating breakwater would be ineffective to prevent damage to the dock. If it were effective its construction would ,probably change the deposition, of the adjacent beach. The floating breakwater in Dog Bay is a much more massive structure with a more protected exposure, yet it is being replaced with a permanent breakwater. Petition against development of Kodiak tideland parcel P 19; Reference Public Notice 2-940387, Kodiak Harbor 70: (Signatures referenced to attached comments): Print -d Name: 144 k 4 r ( el Lk PIA g k .01e / If fAr‘: -4r4e5 ane Li 4 111-il a 30C:- • 12--::atto-36F d/-8 ‘0■2 qezar\o“ .5xyzzitcy-, P 1/ -.1 , Mor/AkA2v7r . i Ii,iNrOArI4Gr I /a42 Ai . PA1A te 111 / ,4 1 wr) 1-1-1 L n t,/of! ) st //3- flLcr Sr-C. 7 , • J/2 tT kP 11,2 g J\4/ 5 113 VJo BC. AffiZialtl4M'a / 5.5i 0 Ad 249 Petition against development of Kodiak tideland parcel P 191 Reference Public Notice 2-940387, Kodiak Harbor 70: (Signatures referenced to attached comments): Printed Name: an-fti" PvJz DebrcL l-4 a I) tie v,t it Nroi Eocc--- R4NDY frEA-1Exie-a"/ .&? ( edit( Pe5.51.- 0,-s6 e3S' XS 6 is( aPne.ji-e. 6.4144 Carped/ 11177.e.fessan Signattwe: tio lac b-u, Address: 1113 Aissi'on /113 19271-, ///q /41z."52b/V( Wvz cf.siyat, / ; /ad / TstilAti-60 giv 1117 /111;s1:772 g.e _ Petition against development of Kodiak tideland parcel P 19; Reference Public Notice 2-940387, Kodiak Harbor 70: (Signatures referenced to attached comments): Printed Name: MlIct 1-frfo-6-fe4--1/ (#1e4tA66zti k%:%Cori jaw Pet:Fi-- 14(jri. Ida.) e. Merl jr 1516 s avio 20,z15 JAtic-r- 77-m/s Si ure Address: //3C , 7 \ t.; L 4144- (4V /6c&x4) 14).1- `.<34- 73 .Te / icif-41 13/, 1/1 ALS? •• • Petition against development of Kodiak tideland parcel P 19; Reference Public Notice 2-940387, Kodiak Harbor 70: (Signatures referenced to attached comments): Printed Name: /q-ruild R. KA pco) 1-ris4ifyv: I 5. /2...-AArd,ov (re,d 2. . -Br C. 4- Ls,c; a //I-6e./ (iCH/eki Address: nift OU• ikootDV Iv/ den.i5k6(. /Z /4/ h/1-1--74' 2 /V;'/' 1-14 J---)/ ez(z,A-4= 0 • -... ' I ••• ' -, --' Post-Itim brand fax transmittal memo `• — 7671 #ofpages ■ c...... To Zs, ( Aborti_e_ From co. (Ask( coE co. .4<c Airtuocte.AA 03 Dept. ka.43, Phone # Fax # 7S3 _. s 56,--7 Fax # -70 -10 41-• S/2) 74/9/ 5 zX -Z7 JUL -14 -94 THU 10:33 F.V.GOLD NUGGET 9074869450 P.02 To Dan Oaa 'sox 1?t4 Kodiak, Alaska 99615 Eric Blankenbura evx 107 Kodiak, Alaska 99615 Frnm: Pearson Cnve /Mission Road Community Association c/o Box 922 Kodiak, Alaska 99615 subject: Kudiak Tideland parcel P19; Public Interest Notice 2- 940307; Waterway Number: Kodiak Harbor 70. On behalf of the users of Pearson Cove and the residents of the surrounding Pearson Cove /Mission Road community, we would like to inform you of our recent actions in respnnse to learning of your application to the U5 Army Corps of Engineers, and to our review of Public Notice 2- 940387. We hove recently submitted to to Corps of Engineers two potitions on behalf of area residents: By tho first petition, we, the signers, requested that the Cures of Engineers 1) hold a public hearing on the application in the City of Kodiak in September., 1994, and 2) extend the public comment period on tho application until the week following the September meeting. In our canvass of neighborhood residents, we noted that many are out of town on vacation or occupied with commercial fishing ventures. We believe that they deserve the opportunity to comment on an application for a plan which could significantly impact their neighborhood and the community et largo. By the second petition, we, the signers, requested that the Corps of Engineers deny the application, noting a variety of reasons including environmental and other community concerns. Approximately 60 neighborhood residents have submitted a petition to the City of Kodiak requesting that they explore the possibility of purchasing parcel P -19 or trading suitable tidelands of equal value for it, and that adjacent City owned tideland, bo rezoned. It 1s the hope of local property owners that this property can eventually be added to Pearson Cove Park. Recently. it has also come to our attention that certain Exxon settlement funds are now available from the criminal and civil settlements which might allow for the purchase of parcel P- I9. We have asked that Linda Freed explore this possibility. it is our hope that you will consider a sale or exchange of your parcel. We note that on at least three previous occasions development in the Pnarsnn Cove Area has bean (Wad,. Major issues invnlvnd In denial included incompatibility with the contiguous residential areas, lack of legal access to Pearson Cove, inability of traffic to cross the sewer lino ( laid on unconsolidated fill), and the strong onshore predominating NE wind and swell, making duck development difficult, if nut Impossible. We would like this situation to be a win -win situation for both yourselves and the neighborhood. We prefer that there be no dock or industrial development in Pearson Cove. We also do not wish for you to be denied your opportunity for developing a project on other suitable tidelands. We hope that it 1s possible to find a means for all parties to reach an amenable resolution to this matter. Sincerely. harya Nault Co -Chair Colleen Caulfield Co -Chair JUL-14-94 THU 10:32 F.V.GOLD NUGGET KO Pea40n. Cove, 65,( a..ss-erct gra, --YKO 9074869450 P.01 Mere 15 A_ red f ike_k P4 771,4ed_ a551(.5 reeenity skplie4k.vi and To: Dan Ogg Box 898 Kodiak, Alaska 99615 Eric Blankenburg Box 707 Kodiak, Alaska 99615 Fr: Pearson Cove /Mission Road Community Association .Box 922 Kodiak, Alaska 99615 Sub: Kodiak tideland parcel P 19; Public Interest Notice 2- 940387, Waterway: Kodiak Harbor 70: We would like to inquire if you would be interested in: 1) Selling your tideland parcel P -19 to the City of Kodiak for inclusion in the adjacent Pearson Cove Park. Or 2) Exchanging this parcel for another tideland or upland site more suitable for commercial development. In at least three previous occasions development has been denied in the Person Cove area. There have been four major issues involved in denial of these proposals: 1) Incompatibility with the contiguous residential areas. 2) Lack of legal access to Pearson Cove. 3) Inability of traffic to cross the sewer line: which was laid on unconsolidated fill. 4) The strong onshore wind and swell that predominates from the Northeast into the cove -which would make dock development difficult if not impossible. We would like this situation to be a win -win situation for both yourselves and the neighborhood. We would prefer that there be no dock or industrial development in Pearson Cove. We also do not wish for you to be denied your opportunity for developing your project on other tidelands owned by the City; specifically at another site adjacent to commercial /industrial property. Local residents and users of Pearson Cove have requested the US Army Corps of Engineers: 1) Hold a public hearing in the City of Kodiak during the month of September. 2) Extend the public comment period until the week following the September meeting. This request was made because like your selves many of us are engaged in commercial fishing or related activities that make it difficult to respond to the many levels of input necessary to review this type of development. We believe that a public hearing in September would allow all parties to openly discuss their concerns. We will also be requesting the City of Kodiak to explore purchasing or trading lands of equal value for parcel P -19. It is our hope that this property will be added to Pearson Cove Park. To date we have signatures of 57 residents who would prefer to have a park rather than docks in Pearson Cove. We hope that it is possible to find an amenable means for all parties to be satisfied in this situation. Sincerely: 4 ' 4t7Zt MaryajNau1 t Co -Chair Coll en'Caulfield Co- Chair wr!L I VU 1L•DV;"40V`.:1V J V L a J. J a v - .. ■• v v; I . v MAY . M rtY IY .o•a' n 5992 ALAGtA w. 1 map art MMM100a•. 1111114 awn 1100 iM 2N11 sgeneron coons 001 sea asASE GP AMU ram JUDICIAL DISTRICT AT SOD= s. aitr Mad asx®r♦♦.w��od 0.0 tat-ate of Gerald N. Pow:soot Dec.s.ed, Plaintiff.. Vie Err %1mM. i • 0113 In to the Meander Lita of Man Nigh water 1ov v. e. waver wo. a6�r thence due Bart s dlotsaes A! i39.1� twit alOnq veld Mande: Line to the poiet of haelnaiag. • is entitle wesnaor, 1 have hareaato oat ay bandana the d ap/ at ON trial court. tar tin acute of klorlu. Yhtrd Judicial /iga. /Mt• D istrict, thto 7— dap o! &TAT$ 0? ALr.SJ& log Taipts JWZCZRL DZBTRYC, m1.a toragdlnp lnatrimona wu mama!adgad day otha res1esr -}993, by Lort Wads, Clarke at Alaska. ThSrd JadLclal DLatrLCt at *Wilk. 11 and er t. of Alas Th1xd JodlClal District as Xsd ,per at court dated t , *MIS in ea the Depoty tea:£ of Bart" NOWNIAM ae+n.enos a e as wow me dia orae so ar h ra K e1 •• sea MM WARM MI MN UM NO rrr ea, auto I Maw NOME6daddlKdO1 ofu�Rtr+TO ` NUMai N Mt mr Mw. 1�I4111411181 4.......04111111•141.■mmovo.■ 0113 GI •444. /4. elelINNO f:, CL/ ;d e %aas Te p° l e7 . BOCK _to/ PAGEPq% CITY OF KODIAK, ALASKA TIDELAND DEED This deed male in duplicate this day of ;August, 1965, by and between the City of Kodiak, Alaska, a Municipal Corporation, Grantor, and EDWIN A. PEARSON, Grantee;. WITNESSETH: That the said Grantor, for and in consideration Iof the sum of ONE and No /100ths ($1.00) DOLLAR, and other good II and valuable consideration, to it in hand paid by the said Grantee, pursuant to the provisions of the Alaska Land Act, (Chapter 169, ISLA 1959) and Ordnance Number 251, enacted on July 26, 1962, pur- i suant thereto, does hereby grant, bargain, sell, convey and con- firm unto the said EDWIN A.PEARSON, the said Grantee, and to his heirs and assigns, the following described lot, piece, parcel and tract of tideland and contiguous submerged land situated in the corporate limits of the City of Kodiak, more particularly described as follows: • 0J Beginning at Meander Corner No. Two (2) of U. 5. Survey No. 1691; thence North 80° 28 minutes East, a distance of 23.27 feet along Meander Line of Mean High Water for U. S. Survey No. 2910; thence offshore South 24° 22 minutes 16 seconds East a distance of 250.19 feet over tidal and submerged land; thence South 65° 37 minutes 42 seconds West a distance of 163.42 feet; thence inshore North 24° 22 minutes le seconds West a distance of 320 feet to the Meander Line of Sean Hi;h Water for U. S. Survey Eo. 1681; thence due East a distance of 154.71 feet along said Meander Line to the point of beginning containing 46,916 square feet more or less. Page One, TIDELAND DEED 10 11 12 WARRANTY DEED THIS INDENTURE, made this 26 day of September, 1950, by and between Leo C. W. Sears and his wife, Geraldine B.'Sears, of Kodiak, Alaska, parties of the first part, and the Rotary Club, of Kodiak, Alaska, an unincorporated voluntary associa- tion, party of the second part, and the City of Kodiak, a municipal corporation, of the Third Division, Territory of Alaska, party of the third part. WHEREAS, the said parties of the first part, have agreed to sell the premi- ses hereinafter described to the party of the second part, and WHEREAS, the said party of the second part is a service organization dedi- cated to charitable and benevolent works pursuant to which work the said party of the second part desires to transfer the hereinafter described property to the party of the third part, a municipal corporation, as a gift to the said municipal corpora- tion, and which premises are intended for playground and recreational purposes and 13 whereas the party of the second part has requested the said parties of the first 14 part in discharge of the said agreement to join in these presents. 15 NOW, THIS INDENTURE WITNESSETH: 16 That in consideration of the sum of Six Hundred ($600.00) Dollars paid by 17 the said party of the second part to the said parties of the first part, the receipt 18 whereof is hereby acknowledged, the said parties of the first part do hereby grant, 19 bargain, sell and convey, and the ,said party of the second part doth hereby remise, 20 release and quit claim unto the said party of the third part all of those certain 21 tracts, lots, parcels or pieces of ground located in the Kodiak Recording District, 22 Third Division, Territory of Alaska, and more particularly described as follows: 23 Lot Three (3) and Lot Four (4) in Block Four (4) of the Leite Addition to the-City of Kodiak, as shown-on - the plat on file at the United States Commissioner's Office, Kodiak, Alaska, and recorded in Volume L, page 133, of the General Records, the same being part of the United States Survey No. 1681, 24 25 26 27 • 28 29 30 31 ohn C. Hughes ttorney at Law iodiak, Alaska and From GLO Monument Corner No.4 of United States Survey No.1681 run Sguth 34 °00' East 188.11 feet to the true point of beginning; thence N.48 06' E. distance of 152.18 feet; thence N.3 °06' E. a distance of 132.27 feet; thence N.62 °10'E. a distance of 160.00 feet; thence S.34 °44' E. a distance of 75.00 feet; thence S.55 °16 W. a distance of 20.00 feet; thence S.34 °44' E. a dis- tance of 67.00 feet; thence'S.54 °08' W. a distance of 371.60 feet; thence N. 34 00' W. a distance of 45.14 feet to the point of beginning;containing 40.095 square feet; the same being deliniated on the Sub - division Survey of the United States Survey No.1681 as surveyed by Don C. Hutchings, October 15, 1947, as Oceanview Park in the Oceanview Sub - division, a copy of which plat was filed for record in Volume Q, page 297 of the General Records of the Kodiak Precinct, March 29, 1949. Page 1 10 .11 ' 12 13 14 15 16 17 18 19 20 21 22 23 TO HAVE AND TO HOLD the same, together with all the hereditaments, appurten ances thereunto belonging or in anyways appertaining unto the said party of the third part, its successors, interests and assigns forever; subject to the rights and reservations in patent to said lands expressed and subject to existing easement; for power, light and other utilities as well as a reservation to the said parties o; the first part for the purpose of maintaining.the existing sewer and water lines under, above, on or across the properties above described until such time as the City of Kodiak shall extend service of sewer and water to the area surrounding the above described premises. And the said parties of the first part, their heirs, administrators, and assigns do covenant with the said party of the third part its successors and inter. ests and assigns that the said parties of the first part are well seized in fee of the land and premises aforesaid; that they have good right to, sell and convey the same in the manner and form aforesaid; and that the same are free from all encumbr- ances; that the parties of the first part, their executors, administrators and as- signs, shall warrant and forever defend the same unto the said party of the third part, its successors, interests and assigns against the lawful claims and demands of all persons, reserving, nevertheless to the parties of the first part, and their assigns, the right to extend a twenty (20) foot roadway centering on the common boundary lines of Lots One (1), Two (2), Three (3), and Four (4) in Block Four (4) of the Leite Addition to the City of Kodiak. IN WITNESS WHEREOF, the parties of the first part and the party of the second part have hereunto set their hands and seal the day and year first above 24 written. 25 26 27' • 28 29 30 31 abn C. Hughes ttorney at Law :odiak, Alaska ...(\TNESSED BY: AA k Page 2 Party o the First Part Rotary Club of Kodiak, Alaska, Party of the Secon.d_P t 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28, 29 UNITED STATES OF AMERICA ) THIRD DIVISION ) SS: TERRITORY OF ALASKA THIS IS TO CERTIFY, thatbefore me, the undersigned, a Notary Public in and for the Territory of Alaska, personally appeared Leo C. W. Sears and his wife, Geraldine B. Sears, parties of the first part, and Leon H. Johnson and Jack Hinckel, parties of the second part, who represented that they were, President and Secretary, respectively of the Rotary Club of Kodiak, to me personally known and known to me to be the identical individuals described herein and who, in my actual presence, signed and executed the foregoing instrument and who acknowledged to me that they signed the same freely and voluntarily for the uses and purposes therein set forth. John C. Hughes kttorney at Law Kodiak, Alaska Page 3 Notary Public in and for the Territory of Alaska. My Commission expires: Notary Public in and for Territory of Alaska. My Commission expires May 22, 1954. MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P. 0. BOX 1129 KODTAR, ALASH.A. 99615 TELEPHONE (907) 486-3143 TO: Mayor John Pugh City Council members FROM: Melvin M. Stephens, II 6., DATE: July 29, 1986 RE: Prescriptive Rights in Real Property QUESTION PRESENTED You have asked a series of questions dealing with prescriptive rights in land. The general thrust of those questions, which will be answered individually below, is whether prescriptive rights can ever be asserted against land owned by a municipality. SUMMARY A prescriptive right is a right to the use or possession of real property which has arisen because of the manner in which one or more persons have used the land over a period of time. In other words, a party claiming a prescriptive right in land is not relying upon a deed or other evidence that the right has been given or sold to him. . Rather, he is asserting the right to possess or otherwise use land in a particular way because of the manner in which it has been used in the past and in spite of his lack of evidence of title to it. A prescriptive right may be only a right to use land in a particular manner (e.g., a prescriptive right-of-way or other prescriptive easement) or it may be a right to claim full title to the property. In the latter instance, we speak of one acquiring title by adverse possession. In any event, Alaska law precludes the possibility of prescriptive rights arising against land while municipally owned. Of course, if one or more persons have acquired prescriptive rights in a particular piece of real property before it is conveyed to a municipality, those rights follow the conveyance and are not destroyed by it. DISCUSSION Title to land can be acquired by adverse possession if one uses that land in a particular manner for a given length of time. Thus, for instance, a "squatter" who clears and fences an acre of land upon which he builds his home, where he continually resides for more than ten years, will probably have acquired title to the land even though his initial entry was as a trespasser. Because the record owner allowed the squatter to treat the property as his Mayor John Pugh -2- July 31, 1986 City Council Members own for this extended period of time, he cannot successfully bring an action to evict the trespasser. Indeed, the squatter can bring an action to quiet title in his own name. The adverse use of another's land can also give rise to prescriptive rights which fall short of being full title to the land. Perhaps the most obvious example of this would be a prescriptive right-of-way or access easement. If A habitually gains access to his land by driving over B's land by a particular route without B's permission, eventually, A will acquire a prescriptive right to access over that route, whereupon B will be precluded from blocking that access. B still "owns" his property but he can no longer use it in such a way as to interfere with the prescriptive right-of-way which A's continuous adverse use has established. There are a great many nuances to the law of adverse possession which need not concern us here because Alaska law prevents the doctrine from being used against a municipality. Alaska Statute 29.71.010 (formerly AS 29.73.030) provides: A municipality may not be divested of title to real property by advarsa=posm-STUn. .T-he=A-17a-ska=Snprenre--Cou-r-t-----has—a-t---1-e-ast-----twix:e=app-1-1-zd=this—statut-pi t-o—mularcriT._pal___Land=bacaus:e=of=a=pa_ttez-n7---o:f7-__us_e--_-.-whi:ch---wou-Id-7have-, . Bentley Family Trust v. Lynx En- terprises, 658 P.2d 761 (Alaska 1983); Mount v. Curran, 657 P.2d 392 (Alaska 1982). While the Alaska Supreme Court has never had the occasion to rule upon a situation in which a private party was attempting to claim a prescriptive right in municipal land short of title (e.g., a prescriptive access easement), the foregoing statute almost certainly precludes this possibility. qlf=aatutsait72,:i7f=grOsIcTIpt-ive vr=iaghits=Thalvie...=a-1-xlea=dy=ard-s_en=w-i-_th=respe:ct=t-o----:=a=c:emta-i.h=parcea=o:f7 71-and=be-fo-r-e--a---munIc-i-pa-1-i-ty=_-ac:q_u-i-ze-s=i-t_,_=then=thase=rtghits=fo-llow I f h owe ve r, the prescriptive rights did not exist at the moment the municipality first acquired the land, they cannot thereafter arise. With the foregoing discussion in mind, I would answer the individual questions you have asked as follows: 1. WHAT IS THE DEFINITION OF A PRESCRIPTIVE RIGHT-OF-WAY? A prescriptive right-of-way is a right-of-way which has arisen because of historic use of a particular parcel of land. The land burdened by the prescriptive right-of-way must have been Mayor John Pugh July 31, 1986 City Council Members used as a right-of-way for at least as long as otherwise would have been necessary to acquire title by adverse possession. TM-7s) per±o:d=i7s=eliztte--t=nev:en=o--r=t en—ye a-r-s-,—d e p e nd i n g_upon=whet-he:r=o:r=not ct-h-_e—azdv:e:r:s.e=c1a-_-irm:amt=ti.r.nt=s-t-_a-r-t-ed—us:ing=th:e=17an:d=bLeIc7aus:e—of co.Inrable=t-iit-le=to=i-Lto 2. CAN A PRESCRIPTIVE RIGHT-OF-WAY BE OBTAINED WITH RESPECT TO PROPERTY OWNED BY AN ALASKA MUNICIPALITY? No. A specific Alaska statute precludes the possibility of one acquiring title by adverse possession to municipally owned property . The—necesse-ry—i-mpiTile:alt7ton=o:f2----thts1----sta--tute=i78=thnt=---one -,cannolt=a-nqu-kre=prancrigtiive_--71-ri-qhts=s-hart=--af=t-i-tle-L-Lunder=an=adv_e2r:se To.s:se:ssion=the:o:ry--.73 3. CAN A PRESCRIPTIVE RIGHT-OF-WAY BE OBTAINED AGAINST PRIVATELY OWNED PROPERTY? Yes. 4. CAN THE USE OF ANOTHER'S PROPERTY FOR PARKING VEHICLES SERVE AS THE BASIS FOR THE CREATION OF A PRESCRIPTIVE RIGHT? Yes, under proper circumstances. The actual facts and circumstances of any given claim would have to be examined before one could judge the probable validity of that claim, however. IF A MUNICIPALITY PURCHASES PROPERTY ALREADY BURDENED BY A PRESCRIPTIVE RIGHT, DOES THAT RIGHT CONTINUE? Yes. Any claim valid against the seller at the moment land is conveyed to the municipality can thereafter be asserted against the municipality. 6. CAN A PRESCRIPTIVE RIGHT ARISE BECAUSE OF THE CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY OF ANOTHER? Yes. Again, however, such a right cannot arise against property owned by an Alaska municipality. 7. CAN THE CONSTRUCTION OF SUCH IMPROVEMENTS CREATE CONDEMNATION RIGHTS IN FAVOR OF THE PERSON CONSTRUCTING THEM? Yes, provided that a prescriptive right has, in fact, been created. If one has the right to leave such an improvement where it is because it has been in existence for the period of time and under circumstances sufficient to create a prescriptive right against the underlying real property, and if the improvement is taken by the power of eminent domain, then the owner of the improvement has the right to reasonable compensation for it. Mayor John Pugh City Council Members -4- July 31, 1986 8. CAN THE OWNER OF A PARTICULAR PARCEL. OF REAL PROPERTY REQUIRE THE REMOVAL OF AN ENCROACHING IMPROVEMENT? Yes, so long as he takes appropriate action before the circumstances would give rise to adverse possession. 9. HOW LONG MUST AN ENCROACHMENT REMAIN ON THE. PROPERTY OF ANOTHER' BEFORE RIGHTS ARISE BY ADVERSE POSSESSION? Either seven or ten years, depending upon whether or not the party claiming title by adverse possession first acted under colorable title. For example, if A constructs a building on B's land under the mistaken belief that A's deed to his own land includes the property where the building is constructed, then rights under a theory of adverse possession cab arise after seven years. If A makes no such claim, however, and admits that he knew he had no title to the land when the improvement was constructed, at least ten years must pass before rights can arise under an adverse possession theory. Again, however, the doctrine of adverse possession is inapplicable to land owned by an Alaska municipality. Furthermore, it should be emphasized that use of another's property for a particular length of time does not automatically give rise to rights by adverse possession. The circumstances of that use must meet a number of other requirements -- e.g. it must be open, hostile and continuous. $iWtQ TAtthINT 4xiSTII1 ToP of I — — —1 'J %tag % t MST INC,- Flo TT eh OF RatTwtuT j=c 1 3N%-i 101 w 0 '1 cou(ltTt FootiN Peg. PK & S1bt SloQt 1+ fl L t h J TRACT (". 19 ATS No. 44 ZOALI) icovosT41Rt. 163,4 DoT Ltaf_ Nfw To( Of F t« mu) BoTTbM o QEV41 M[tvr -REPLY TO ATTENTION OF: 111 , DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506-0898 E.EBRilAia Regulatory Branch Project Evaluation Section - South 2-940384 Mr. Andre and Mrs. Marya Nault Post Office Box 922 Kodiak, Alaska 99615 Dear Mr. and Mrs. Nault: I am writing to inform you that Department of the Army permit, 2-940384, Kodiak Harbor 70, was issued to Mr. Eric Blankenburg on February 1, 1995, for the development of tract P-19 in Pearson Cove. As you are aware, the proposal generated considerable interest and we received a number of comments expressing concern; however, we determined that issuance of the permit, as prescribed by regulations published in 33 CFR Parts 320 through 330, and 40 CFR Part 230, would not be contrary to the general public interest. Most of the issues raised during the public interest review were related to local land use matters, and as we have stated, the primary responsibility for determining zoning and land use matters rests with state and local governments, not with the federal government. Normally, the Corps of Engineers accepts decisions by such governments on these matters unless there are significant issues of overriding national i.mportance, which there were not in this case. With regard to navigation concerns, the U.S. Coast Guard investigated potential impacts of the proposed work and use of the facilities on navigation within the Near Island Channel. The U.S. Coast Guard found no basis to object to the proposal with regard to navigational safety provided the anticipated use is as expected. If the vessel traffic increases significantly or a detrimental effect on navigational safety arises, we will investigate the situation. The Corps of Engineers has the authority to modify, suspend or revoke the permit if need be (33 CFR 325.7). I would like to address a couple of questions raised in your letter of November 13, 1994, to Captain Mierzwa of the U.S. Coast Guard. The Corps of Engineers is responsible for monitoring the project to ensure compliance with the permit; however, we have limited resources to inspect the facilities on a regular basis. We encourage local residents and waterway users to notify us if there is reason to believe the permittee is -2- not in compliance with the authorization. Contact the U.S. Coast Guard if a navigational safety concern arises and we will work with them to resolve the situation. With regard to selling of the property, the permittee is required to transfer .the authorization to the new owner. The new owner would be required to comply with the general and special conditions incorporated into the authorization. Before the use of the facilities can legally change, the permit would need to be modified. As requested, a copy of our Permit Evaluation and Decision Document, and a copy of the authorization is enclosed. Please notify the other members of the Pearson Cove/Mission Road Community Association of our decision. Please contact me toll free in Alaska at 1-800-478-2712 or at the letter head address. Your interest is appreciated, if you have any questions, or if I can be of further assistance. Enclosures Sincerely, Bill Abadie Project Manager Project Evaluation Section - South Permittee DEPARTMENT OF THE ARMY PERMIT Eric Elankenburg Permit No. 2-940387, Kodiak Harbor 70 Issuing Office 0 • S. Army Engineer 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: To (1) discharge approximately 650 cubic yards (cy) of material, which includes the discharge of approximately 150 cy of armor rock, in approximately 0.05 acres of intertidal area; and (2) to construct /install two 40' x 50' pile, supported piers, two 6' -x 25' ramps, two 12'. x 30' floats, and four mooring dolphins.- Storage buildings with caretaker housing will be constructed on top of each pier. The facilities would be used to moor vessels and to store marine related equipment. Approximately six vessels would be utilizing the facilities on a daily .basis. All work will be performed in accordance with the attached plan, four sheets, sheets one, two, and three dated October 15, 1994; and sheet four dated June 8, 1994. Project Location: Tract P -19 in Pearson Cove in Kodiak, Alaska; section 32, T. 27 S., R. 19 W., Seward Meridian. Permit Conditions: General Conditions: 1. The time limit. for completing the work authorized ends on January 31, 1998 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 good condition and in conformance with the terms and condi- tions 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 coordina- tion 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. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. 1 (33 CFR 325 (Appendix A)) 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 con- tains such conditions. 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. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. -2A- Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (g) Section:10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403): (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). (') Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 141d). • 2. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, state, or local authorizations 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. 2 Special Conditions Continued: 2. You must install and maintain, at your expense, any safety lights and signals prescribed by the United States Coast Guard (USCG), through regulations or otherwise, on your authorized facilities. The USCG may be reached at the following address and telephone number: U.S. Coast Guard, Commander OAN, 17th District, Post Office Box 25517, Juneau, Alaska 99802-5517; (907) 463-2250. Special Information: Any condition incorporated by reference into this permit by Special Condition or by General Condition 5, remains a condition of this permit unless expressly modified or deleted, in writing, by the District Engineer or his authorized representative. 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. 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 reevaluation 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 permit. (PERMITTEE) TITLE OU.) Ekis k\ (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINE Co onel Peter A. Topp Georgina Akers, Chief, West Unit Project Evaluation Section - South Regulatory Branch 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. (DAT. (TRANSFEREE) 3 (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1086 -717 -425 ti CHen! nit, N4AR 4- t-A_N_ F61Ncsk HiRmAN kEtT (ALLW o ro 2.0 tR i x 5o' Q“L‘N(r .p O 0 Qrkt (.0‘� AT i "LLM3 Pfo POSI.t) PK.0 40'K o' fr e Po5tD Ftt_L. AQfA AD, 00 s&. CvEr BouNaAtiy of Si.wi2 vkfNr MLLv3 TI DC Lane -1-9,rt(T. RT5 N 0 . u c ZaK," WIAS CR\ftl- A AT'(hLLUJ 1it3.Lt L,OT LAN £ r L�(9.l) DD15TA4\s“. TO CHtANNCL 13UO‘S FCOM SO UT IA QOVC.31)ACy OG P ~t 1 2 -S 40387 Kodiak Habor 70 a NoT�f ( Ctrs of t40'oonAc, t S Pr-DIM :COT T o'. t.(k o N LAST R trO w LST S' It tc,RS aw o Ft..0P►T5 MAQ'N( &u4Tt0 STOQA I t F tL.L tS0 cu. i-roS RR' 0 f (lock 503 Co yv) SHaT (to( V., r FILL Q P A Daob Se., Ft ET • PCAtISoN- cpvt: c%ry of 1A. AO . voDtisv, tSLJAND (340.0 ALASKA ERIC (,LANXCN avQ(r 401( 70-7 14.60■At4 A LA6 KA- 191314 50i2T (. of it t0\ IS \Ski 1 k 3 J 4- .1 EP5T PIE\ C \rv€. v\.w. s' 14. 4 �fi1STIN4 a0.001. Pox v_ Pi NIA a(& (locy. TILL SHOT ROCY., SILL t. t. ST 'D4PTF4 I ivr INALt,w e€ 9,, S ►'U E. v ‘ f. w invivw MLA- ,c"TTann 'Di.PTt; l2` he vsALLW 460 t IST4vac4. T b CI•lANNiL 60 F0.or. `,o.I C 1� 00Q01)AQ,/S o5" fig lA PT N RT M�LW •5101 OttuJ Ptc.RS - Ftaa;CS e(kf - tLt_ AQ.'oR QOG`& MAa,NC. Q4(..4%-ti S N Q PTLTIVIZI4S . cI) 0.1 Kodiak Harbor 70 7- Qanla -, 1 ic QRo Key itb�� N'J11Q.`� �`t AQSbN cooc • tioct;.5 N SUNNI) C 1-1 q c\) 419D 94 CHi0314EI. 3,-)a5 Roc (.5 \SLPc' 1\—\ C%-k tNN£t 9QO' • VtCINC“5 MhC� Fe+(L TA(i «k P•%a Qiiv Sor3 GOo€. • SN003 tNF Ftt.L. AO.<a PtE¢S RFitAq Ptaa-SLNG •9oCKS P(1oPOSiO FILL P1(14A aao o 5c V fk MtCLM1 9)1 rot of F\LL • • tso Soo C. 1/41 toe0 (J broS Ft OE' b(. (10ck NoT (1.0014, • PFAQSOt'3 ct-r of u-o•Otgv_ V-otti tSi.ARY) %pes.0 . CRtc (,C.aNKiioRv ,(3- Dox101 IcoDtAV- At hs \Ca cic“plS SN£CT J d\ +f l0•154\L1 • CA L 4T v citN, F rr) iZE (...'/Zrzr.c.-Lo PIE light 30' ■•■•••■■■■•■••1401............■11.1*■■■•■•■■•■■■■010 I I 1111111 \ rt. KODIAK HARBOR 70 2-940387 ROLL U ;oc,R Cn\-) NJ) 71 AN') -1.0P. ACC. c rr-/ r)T- 1C00) NO0 /AK A k, 76 isS c (3 4 tovic4 /1%431.)?R 1?o7o7 A is 176 /5- %)41ZEr NOV- 3 -94 THU 11:53 F. V. GOLD NUGGET • 907486945E P.92 Pearson Cove /Mission Road Community Association Box. 922 Kodiak, Alaska 99616 November 3 1994 Mr. 8111 ADed1a U.S. Army Corps of Engineers' P.Q. Box 898 Anchorage. Alaska Deer Mr. Abadiea Thank you for acknowledging the receipt of our letters. We understand that, during the month of October, Mr. Ogg submitted two letters to the Corps of Engineers In which he described modifications to his proposal. We request that you send us, via FAX, a copy of Mr. Ogg's recent letters. We would appreciate the opportunity to review his comments end revisions. Enclosed are copies of three letters W8 recently received from the Kodiak Island Borough. On September 22. at its regular meeting, the Kodiak City Council voted unanimously to request the rezone to Natural Use of all City owned tidelands and uplands at Pearson Cove. Community testimony at the meeting was overwhelmingly in support of the rezone request. On October 19th, the Kodiak Island Borough Planning and Zoning Commission voted unanimously to send the City's rezone request to the KOdlak Island Borough Assembly for review, recommending its approval. The first reading of the City's request will be on November 3, 1994, at the regular meeting of the Kodiak Borough Assembly, A second reading and a public hearing is tentatively scheduled for the Kodiak Island Borough Assembly meeting of November 22nd. Some of our neighbors have been working with the City of Kodiak and the Kodiak City Parks and Recreation Advisory Board for nearly 20 years to bring the Pearson Cove Park project to fruition. Was the Corps of Engineers aware that the "Pearson Cove Walking Trail and Waterfront Park" is listed In the Kodiak Island Borough Comprehensive Parks and Recreation Plan of 1978 as a high priority waterfront park? Did the Corps of Engineers know that in 19B6, Kodiak voters passed Proposition #4 authorizing a sales tax which would create a park development fund? We are gratified that the long process of establishing Pearson Cove Park Is nearing completion. For your review. wo have also enclosed copies of a letter from vessel owner Vern Hall and letters from Mary Forbes, President, Kodiak Audubon Society, which relate to Public Notice m2- 940387. Sincerely, Mary'Nault cc: Gary B loomqulst, City of Kodiak Linda Frood, Kodiak Island Borough NOV- 3-94 THU 11:52 F.Y.GOLD NUGGET 9074869450 P.01 Pearn CovelMi5sion Road Community Amciation BOX 922 KODIAK, ALASKA 99615 Phone (90M166-4916 Attention: 275- Fax*: Fax (901)466-9450 Sent: Data Received: Date Time Number of wages: (including this cover sheet) Sunt, 11S?(914, DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506 -0898 REPLYTO - OCTOBER 2 4 W94 ATTENTION OF: Regulatory Branch Project Evaluation Section - South 2- 940387 Mr. Dan Ogg Post Office Box 2754 Kodiak, Alaska 99615 Dear Mr. Ogg: This is in regard to Mr. Eric Blankenburg's application for a Department of the Army (DA) permit to construct piers and floats in Pearson Cove; file number 2- 940387, Kodiak Harbor 70. We have received your modified plans of October 15, 1994, omitting the floating breakwater. However, additional concerns have been raised by the. Port of Kodiak and Captain L.G. Krumm regarding the operation and use of the proposed facilities and their impact on safe navigation. Copies of these letters are enclosed. It is the policy of the DA to provide an applicant the opportunity to furnish a proposed resolution or rebuttal to all objections from - government agencies and other substantive comments before a final decision is made on a proposed project. In this regard, I would appreciate receiving any comments that you may have on this matter. You may voluntarily elect to contact the Port of Kodiak in an attempt to resolve the matter but are not required to do so, since the DA alone is responsible for making the final decision on the application. However, you should be aware that resource agency comments and other recommendations on projects proposed to be authorized by permi t_ must be given _ful 1 consideration in making our public interest review determination, as required by law. If you intend to comment, please give your immediate attention to this matter, so processing of your permit application can be expedited. -2- In addition, it is our understanding that the U.S. Coast Guard has decided to re-evaluate the proposal. They are also intending to conduct a site visit the first week of November. In an effort to aid the U.S. Coast Guard in their evaluation and to assist us in ours, the following information is needed: a. Specific information about the intended use and operation of the proposed facilities. Specifically, what will be stored at the site? Will any fish or other seafoods be off-loaded or processed at the facilities? Will boat repair activities be conducted on site? As specific as possible, please provide information about the intended use and operation of the facilities. b. Information on expected vessel traffic. How many, what type, and what size of vessels would be using the facilities and when? How many, what type, and what size of vessels would be permanently moored at the facilities? Would the facilities be used to moor transient vessels? If so, information is needed on the number and size of such vessels. c. How and where do you anticipate mooring vessels at the site - along the floats, between the pilings? Please provide the information requested above within 30 days of the date of this letter. We should have the requested information before making a final decision on Mr. Blakenburg's permit application. Failure to provide this information within 30 days could result in a final decision without the necessary (requested) input, or permit denial due to lack of sufficient information. Please contact me at (907) 753-2724, toll free at (800) 478-2712, or at the letterhead address above, if you have any questions. Sincerely, Bill Abadie Project Manager Project Evaluation Section - South Enclosures sr, MEMORANDUM OMMUNITY DEVELOPMENT DEPARTMENT STATE OF ALASKA Office of Management and Budget DIVISION OF GOVERNMENTAL COORDINATION TO: ACMP Reviewers FROM: Arlene Murphy Project Review Coordinator DATE: October 20, 1994 TELEPHONE NO: 561-6131 FILE NO: AK9406-15AA SUBJECT: Kodiak Harbor 70 Reduction in Scope of Project Attached is a modification reducing the scope of the previously approved project. The applicants are removing the proposed floating breakwater to meet the navigational concerns raised during the COE's permit review. cc: Larry Bullis, DNR Tim Smith, DNR, SHPO Tim Rumfelt, DEC Wayne Dolezal, DFG Linda Freed, Kodiak Island Borough a:\admproi\kodhar.mem Dan Ogg Box 2754 Kodiak, Alaska 99615 tel. 907 - 486 -4711 fax 907 -486 -2777 October 13. 1994 Dept. of the Army 11.S. Army Engineer District -South Box 898 Anchorage, :Uaska 99506 -0898 Attention Mr. Bill Abadic Project Manager Itc: 2- 940387 Kodiak 1 Larbor /170 Dear Mr. 13i11 Abadie, This letter is in response to your fax and our phone conversation of October 12, 1994. You provided us with a fax of the eo mmeats you received from Commander Vost of the U.S. Coast Guard and a conversation record of a call you had with Senior Chief Quartermaster Eugene A. Coffin III. (Sec. attached copies). Based upon our conversation, I called QMCS Coffin on the afternoon of October 12, 1994. QMCS Collin III intirrmed uie that the Coast Guard was objeetiug solely to the floating breakwater on the basis of safety to navigation and had no problems with the shore facilities; ie. fill, pier, ramps, dolphins or docks. As a result of our conversation, the Coast Guard navigational objections to the optional floating breakwater; and other connnents received concerning the optional floating breakwater, we are modifying our project by deleting the optional floating breakwater. Enclosed you will find sheets 1(e), 2(c), and 3(c) which depict our project without the optional floating breakwater. Eric and myself are looking, forward to beginning our project. We both appreciate the hard worn: you have put in 'on-our project dur ng this tong process.. It has been a pleasure working with you. Sincerely, V \� Dan Ogg cc: Arlene Murphy State of Alaska OMB -DGC QMSC Eugene Collin III of 011ie of Commander (oan) 17th Coast Guard Dist. Ko %Ati, Towtki MR + MckS 'At lc( F-E R Cr- REN [NntuNxL trIONat•ANIS N4RR ISLAND Fns't�t� N, �R M kti ST•(LEtT CxtaTuNCr- tht -4Hw P 00510 FALL, PA PJ /ALLw La: VAS. 19) r o • 20 - 3a� ` Pt L,NCr 3 td. X Z v ATT (Q �EPT( P4T (ALL L.) 0 P1LtNCr RPrMP u x2S o PIt,ctc [7-0-..T. 10 0 FLas Tt D, LtRcv, T9,fKc7 e -t) zDt ) NvgST(2terL_ • (3 K R5 q N'O FAO M"fithW (Lic4Tt'0 STO(LA(.t .?TH ca �AMLA. w — — — — (23.�1 L,OT LANE 146.01 q)%5TANCE "CO CHtANNZL ClOOcS FQor% SouTa Qovcu'pr,Ry o• P -19 • FILL lso Eu• L RQ'M0 (locv. • Soo co wos SkcT (tocK, F•1LL AU 0.2,00 SG, F£ tT • efPtilSoN EOQE ctry OF KoS t IcovtAk tSLAtki(0 (109,0 A LAS v. R c (LANKf8,/ %QQ(r a0X /07 Ke'O\Mt RLAcz g919VS SN£T t of 3 co\ \ s \clIA EAST PIER snE. S a51 s' ()UMW — NC. MIMI) O( V. Pmok Roc. F L "OT Re'CV. kL.L. R-T LW SOurH goT L_1 NE atbit PT kt ko" RC VALLA) titSlOt ■SToNNct c.4k AN Ot. 40125_ Fctor.• sou Ttk fou troMkul oc \1\J.ST etz Sac Lnzw 5 , 50 rjEe- r (AI PrT mLLjJ eST" L OT E •A) V te,t LtA,1 go-rt owl WT tO: PrT tAtt.V.1 •5I V'tc.R„S NTS Ptv. ■•3 - Ft Lt. A Ct-klo a. a. oc. • VAA.003-04, S TO Osh0- RN • efete.Socti (Col) 004 %I.ANO Cio4.0 fkl.k-A. A • e,R,tc... (2,LANALAN tug.(.1- no 1 v_ 0 t k AILAWcituakc. Pao 015 140 -T-t AboN'JRQ.`9 taA� 151AN'0 • C��ANN�,L NE I CL POD • • KOPc6t0 co. ' AJC MC.-1- 1)4 PT N OF C 1LL S� CU t 5 S0 o C.t) %e A(1:0Ab0, g0CV.. %HoT (iDCtts. 41o04t HcsNnEt.. gua5 • l}(ClNci" t4PIQ FA TA QM-c- P • tR Q£AQSOn3 GOOD SHoua tOCr f LL A QC A RRa+QS PLaRTLNG oCV S CNANN£t quay . QFe02-so 0 c oQ C, c 0E v,o`00514- lOOvn04- l.(0 %a &o gLkSkR • EQ1c aty C4Ng' Pox 10-1 Ic.ou v., qc RSlcq 99 (Al S SN£.CT 3,0 3 045,0\4 SENT BY ;Alaska District USAGE ;10-12 -94 ; 9:05AM ; Regulatory Branch-0 1 UU7'49 N !7;a 2 '94 10.35 (QCGD17(TTM)JLI€AU D.Pana m a of Transpanation Untied States Cant Susrd 8 av Dlstd nth Goan Guard U. 8, Army Corps of Engineers Alaska D.VtiiCt Regulatory Branch Attn: nir. a 11 Abadie P. .0. Box 8 B Anchorage. 99506 -0898 Gentlemen: This latter Concerns Dapartmea number 2- 9441387, Kodiak Harbor proposal to.bonstruet /install' ramps, two 1 ' x 30' floats, a «w3 kftter' 4uttc:' the. ^mvigabla Paarson Cove], 'Kodiak 'Island, A As presented!, the Coast Guard froiu a navigational aafsty st safety of all/ visuals that the vessels to move out of the mai to pass. Wa! fully support the who believe the project will o on the northern edge of the a Pearson Cave E and Cyan Rock Li T4 you have any quern- Lluue, ml Eugene A. Coffin III of this in P.O.3= 25517 Juneau, AK 99802 -5517 Stldt Symbol: oaa Phtvna: (907)463 -2245 16518 OG I + Mi4 of the Army Permit Application 70, and specifically addresses tho wo 50' x 30' piers, two.6' : 25' •a 120' x iD' m 6' floating ad tka U i t2d t L&.. m ..tai aska. a not in fever of this projaat point. It is esssntial for the be eafficiant room for smaller channel to allow larger veo a n objections of the waterway users ate an obstruction by infringing •dy narrow channel between htsd Buoy 15. an Gait senior un er Quartermaster ice at 463 -2289. y, L. C. Command ., U.S. Comet Guard Chief, ds to Navigation & Wa aye Management »ranoh BY dire tion of the pistriot Commander Copy; Pearson Cove /Miamian Rod Coatswnfty Acooeietaon Coast Guard Cutter FIRS= BR (WL8 393) OCT -12 -1994 09 :0 9077535567 P.02 SENT BY:Alaska District USAC OU -12-84 ; S ;OGAM �ONYBRSATI3N RECORD : Kodiak Harbor 70, Pearson Cove spoke with Seiior'Chief Quartermae ids to Navigation and Waterways Man rim to clarify erectly what they obj 21, 1994. is it the entire project cbjecting to the)'I installation of the th the structukres near the shareli harurbl. The breakwater vocld affec e out of the }Hain channel in ords; ATUIiirOry uFIi4IN 1 our 4uu cirirw g October 12, 1994 er Eugene A. Coffin III from the USCG gement Branch (463- 2254). I wanted cted to in their letter dated October r just the breakwater? They are only reakwater. They are not concerned e affecting safe navigation in the the ability of smaller veseela to to allow larger vessels to pass. °rfhey do not obi j eCt , nor do they .beliehvs, that construction of the near s .. hore facilities) (i.e, the docks, doi.phin1, floats and fill)-would Idversely impact; safe navigation wi I n the channel: ill Abadie (:446 gialQy OCT -12 -1994 09:09 9077535567 P. 03 O VIA FAX 753 567 ,n; FILE Kodiak IsiandBorough Mr. Bill Abadie U.S. Army Corps of Engineers Alaska District Regulatory Branch (1145b) P. O. Box 898 Anchorage, Alaska 99506 -0898 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) elm October 17, 1994 RE: Kodiak Harbor 70 - City Tideland Tract P -19 (Pearson Cove) SID AK9406 -15AA Dear Mr. Abadie: I recently received a request from the Pearson Cove /Mission Road Community Association asking me to officially inform you that the Kodiak Island Borough has received an application from the City of Kodiak requesting that "all tidelands and uplands located within Pearson Cove owned by the City of Kodiak" be rezoned from I-- Industrial to NU-- Natural Use. This request is scheduled for a public hearing at the Kodiak Island Borough Planning and Zoning Commission meeting of October 19, 1994. Staff has recommended that action on this request be postponed until the November 16, 1994 Planning and Zoning Commission for a number of reasons. These include: clarification from the City of Kodiak whether their request includes the rezoning of city -owned property in Pearson Cove that is currently zoned C-- Conservation; development of an adequate legal description of the property to be rezoned; research into the current zoning district boundaries and their relationship to existing property lines in the vicinity of the requested rezone; and research into the legal status of upland access to the City's uplands in Pearson Cove. The Community Development Department believes that it is important to have a through understanding of these issues as we develop the staff report for this request, and before we make a formal recommendation related to the request. However, it should be noted that staff does not have any decision making authority in this process; that responsibility is reserved by Borough Code to the Planning and Zoning Commission and the Kodiak Island Borough Assembly. Kodiak Island Borough Mr. Bill Abadie October 17, 1994 Page Two A rezone is a change of Borough law, therefore, the Kodiak Island Borough Planning and Zoning Commission is advisory to the Borough Assembly in such matters. The final decision to approve a rezone is made by the Borough Assembly, only after a public hearing on any rezone request recommended by the Planning and Zoning Commission for approval. This review process takes a minimum of one month after the Commission's recommendation, as established in Borough Code. If you have any questions about the details of this rezoning process, please feel free to call me at 486 -9360. Sincerely, Linda L. Freed, Director Community Development Department cc: Kodiak Island Borough Planning and Zoning Commission Kodiak Island Borough Mayor and Assembly City of Kodiak Mayor and Council Arlene Murphy, OMB -DGC Marya Nault, Pearson Cove /Mission Road Community Association Dan Ogg, Project Applicant OCT-14-94 FRI 9:37 F.V.GOLD NUGGET 9074869450 P.01 Pearson Cove/Mission Road Community Association LOX 922 KODIAK, ALASKA 99615 Phone (907)486-4916 Fax (907)406-9450 At ten tio n FUN . 412? RemarKs: eze-41 dariLk Sent: Data L Me, Time 6 r Received: Date Time Number or pages: (including this cover sheet) Sent by /Km- Iletuth OCT lig94 E' / ,OT -14 -94 FRI 9 :38 F.V.GOLD NUGGET 9074869458 P.02 Pearson Cove /Mission Road Community Association BOX 972 Kodiak, Alaska 99615 10/14/94 Linda Freed. Director Community Development Department Kodiak Island Borough 710 Mill Bay ttvad Kodiak, Alaska 99615 Dear Ms. Freed: i OCT OCT _ 14 1994 • +;E T ilticNT 411 We recently learned that Borough staff has recommended postponement 01' the decision re. the City of Kodiak's request to rezone City owned tidelands and uplands at Pearson Cove. Although the justification for the postponement is unclear, we regret that borough staff finds it necessary to delay resolution of this mattor until tho November meating of the Planning and Zoning Commission. We are concerned that the matter has been rescheduled to a time when most City and Borough policy makers will brj in Juritrau. We are also concerned that a delay of the City's proposed rezone at Pearson Casio from industrial to Natural Use significantly weakens the position of our community association with regard to the application presently under review by the U.S. Army Corps of Engineers, The City of Kodiak indicated publicly that It looked favorably upon the July, 1994, petition by Kodiak citizens requesting that the City seek to rezone City owned tidelands and uplands at Pearson Co', e Ilowever, to our knowledge, neither the Corps of Englinocrs nor the Division of Covcrnmantal Coordination has ever been officially notified of either the City's intention, or its formal request, regarding this rezone. Wo note that in paragraph 3 of your 9/1/94 letter to Arlene Murphy, DOC, you stated that The adjacent tideland property. on both sides of the subject property (P -19 ), is similarly 7nnnd (industrial)". In our view, the statement and subsequent related information in your letter stop short of Conveying P -19's incompatibility with the surrounding noighborliood and adjacent properties, which we believe will soon be formalized. We thorefore request that you write a latter to Mr. Bill Abodio of the Corps of Engineers, with a copy to Arlene Murphy of the DGC, stating that: 1. By unanimous Council action teKen on 9/22/94, at a regular meeting, the City of Kodiak has formally requested a rezone of ail City owned tidelands and uplands adjacent to P -19. 2. Borough staff will recommend approval of the roquost. 3. You do not anticipate any problem regarding its passoge. it is important that the letter be written very soon, as the Corps of Engineers has indicated its intention to issue Mr. Ogg and Mr. Blankenburg's permit in the very near future (Kodiak Doily Mirror, 9/27/94). Thank you $](1C rLly Ma vault cc: Gary Bloomquist, City of Kodiak Arlene Murphy, DOC Jerome Selby. KiB Bill Abadlo, COE "Vkai,.4(z•V45121 Pearson Cove/Mission Road Community Association BOX 922 KODIAK, ALASKA 99615 Phone (907)486-4910 Fax (907)486-9440 Attention: /- e- r a — 9Z?' Sent: Date 10 Received: Date Nomhtir of pageS T1mo L5Apin.. Time ( including Ibis cover sheet) en t by at.L.L.17- COMMUNITY DEVELOP1EN • DEPARTMENT I VI 1 PY.L,LJLB NUGGET 9074869450 Pearson Cove/Mission Road Community Association Box 922 Kodiak, Alaska 991515 Linda Freed, Director Community Development Department Kodiok island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Ms, Freed: We recently learned that Borough staff has recommended poetponement of tho (-Wigton re, the City of Kndink's request to rezone City owned tidelands' and uplands at Pearson Cove. Although the justification for the postponement is unclear, we regret that Borough ;Jeff finds It necessary in delay resolution of this matter until the November meeting of the Planning and Zoning Commission. We are concerned that a duluy of the City's proposed rezone at Pearson Cove from Industrial to Natural Use significantly weakens the position of our community association with regard to the application presently under review by the U.S. Army Corps of Engineers. it is our impression that the City of Kodiak Indicated publicly that it looked favorably upon the July, 1994, petition by Kodiak citizens requosting that the City seek to rezone City owned tidelands and uplands at Pearson COVO, However, to our knowledge, neither the Corps of Engineers our the Division of Governmental Coordination has ever been officially notified of eithor tho City's intention, or its formal request, regarding this rezone. We note that in paragraph 3 of your 9/1/94 letter to Arlene Murphy. DGC, you stated that ''The adjacent tideland property. on both sides of ilia subject prnperty (P-19 ), is similarly zoned ( industrial)". In our view, the statement and subsequent related information in your letter stop short or conveying P-19's incompatibility with the surrnunding neighborhood and adjacent properties, which we believe will soon be formalized. We then:lure request that you write e letter to Mr. Bill Abadlo of the Corps of Engineers, with a copy to Arlene Murphy of the DGC, stating that: 1. the City of KOdiaK hoe formally requested a rezone of oil City ownod tidelands and uplands adjacent to P-19. 2. Borough staff will recommend approval of the request. 3. you do not anticipate any problem regarding its passage, It Is important that the letter be written very soon, as the Corps of Engineers has indicated its intention to issue Mr_ 000 and Mr. Blankenhurg's permit in the very near future (Kodiak Daily Mirror, 9/27/94). Thank you. Sin2rely, dorrail cc: Gary Bloornquist, City of Kodiak Jerome Selby, KID P 02 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898' ANCHORAGE, ALASKA 99506-0898 REPLY TO Or:TOBER 1 4 1994 MMENTION OF: Regulatory Branch Project. Evaluation Section - South 2-940387 Mr. Gary Bloomquist City Manager City of Kodiak Post Office Box 1397 Kodiak, Alaska 99615 Dear Mr. Bloomquist: This is in response to your letter of September 26, 1994, requesting that we hold a public hearing on the application submitted by Mr. Eric Blankenburg for development of an industrial site in Pearson Cove; file number 2-940387, Kodiak Harbor 70. The concerns raised by you and others have been brought to my attention and have been included in the public record of this case. As stated in our regulations (33 CFR 327), a public hearing is to be held "...for the purpose of acquiring information or evidence..." to aid in the evaluation of a Department of the Army permit application. I believe the record contains adequate information regarding your concerns. Therefore, I have determined that a public hearing is not necessary in connection with this application. Some of the concerns raised during the public interest review include impacts to the aesthetics of the neighborhood, access to the site, habitat values, navigation, zoning, and traditional uses of the area. Of greatest concern and controversy are the issues of navigation, zoning, and access. We are working closely with the U.S. Coast Guard in an effort to resolve the navigationconcerns. With regard to the zoning and_access_issues, these are local issues that need to be resolved by the city and/or borough. It is our understanding that the proposed work complies with local zoning and land use regulations. In addition, the Kodiak Island Borough stated in their letter to the Division of Governmental Coordination dated September 1, 1994, that they recommend that the project be found consistent with the Kodiak Island Borough Coastal Management Program and the Alaska Coastal Management Program. The primary responsibility for determining zoning and land use matters rests with state and local governments, and not with the federal government. Normally, the Corps of Engineers will accept decisions by such governments on these matters unless there are significant issues of overriding national importance, which there are not in this case. -2- In summary, it appears that the matter could be resolved by re-zoning the property if the city so chooses. Given that the federal government has no issues of overriding national importance in this case, and that the local government has regulatory authority over the property, it would seem appropriate for the city to hold a hearing or initiate action to resolve these local issues. The Corps of Engineers stands ready to assist you with these matters, but will not override your local land use decisions in the absence of substantial and compelling Federal interest. Please do not hesitate to contact Mr. Bill Abadie at (907) 753-2724, --toll free in .Alaska at--.(100) -478-2712, or- write-to—the-above..address, -if we can be of further assistance. cerely, Peter A. Topp Colonel, Corps of Engineers District Engineer • September 22, 1994 The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor. The motion carried. j. Request for Transfer and Voluntary Suspension RE: Taxicab Permit #14 Gabriela Mazurek, owner of Taxicab Permit #14, requested permission to transfer the permit to her husband, Adam W. Mazurek. The Police Department had no ob- jection to the transfer, and the sales tax was current. In addition, both Gabriela and Adam Mazurek requested Council approval of the voluntary suspension of Taxicab Permit #14 through the end of 1994. Councilmember Ballao MOVED, seconded by Councilmember Walters, to approve the transfer of Taxicab Permit #14 from Gabriela Mazurek to Adam W. Mazurek, and to approve the voluntary suspension of the permit for the remainder of 1994. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor, and the motion passed. k. Request for Transfer RE: Taxicab Permit #9 Robert A. King, owner of Taxicab Permit #9, requested permission to transfer the permit to Antonio and Nelia Yamat. The Police Department had no objection, and the sales tax was current. Councilmember Ballao MOVED, seconded by Councilmember Gilbert, to approve the transfer of Taxicab Permit #9 from Robert A. King to Antonio and Nelia Yamat. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor, and the motion carried. 1. Consideration of Appointments RE: Various Council Advisory Boards The following students had volunteered to serve on the indicated advisory boards: Architectural Review Board Evan Hall (incumbent) Parks & Recreation Advisory Board Bernie Rosales Tatiana Malmberg Tanyika Sapp Erica Shryock Public Safety Advisory Board K.C. Mackie Port & Harbors Advisory Board Tim O'Leary Councilmember Davidson MOVED, seconded by Councilmember Woodruff, to confirm the mayoral appointments of Evan Hall to the Architectural Review Board, Bernie Rosales to the Parks and Recreation Advisory Board, K.C. Mackie to the Public Safety Advisory Board, and Tim O'Leary to the Port & Harbors Advisory Board. In response to Councilmember Gilbert's qu he Clerk noted these were non- September 22, 1994 voting positions which would extend through the end of the 1994/1995 school year. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor. The motion passed. VII. CITY MANAGER'S REPORT None VIII. MAYOR'S COMMENTS None IX. COUNCIL COMMENTS Councilmember Woodruff thanked the Pearson Cove/Mission Road Homeowner's Association for its support; he had enjoyed working with them. Councilmember Woodruff said that although he was stepping down from the Council, he would not be leaving politics entirely in the future. He mentioned there were a few items that were of particular interest to him, and there was one in particular he wanted to do something about before he left once. Councilmember Woodruff said the City had sought an equitable means for the moratorium to be lifted, but it was unfortunate the Borough had rejected the City's offers to jointly fund the engineering and design of the Wastewater Treatment Plant upgrade, and operation of the second clarifier. Moratorium RE: Sewer System Connections Councilmember Woodruff MOVED, seconded by Councilmember Crowe, to take specific action toward removal of the moratorium on new connections to the City sewer and waste treatment system imposed in April of 1991 by: 1. Authorizing the City Manager to take immediate steps to contract for the design of the required improvements to the wastewater treatment plant; 2. Directing the City Manager to take the necessary steps to place the second clarifier into full operation; 3. Rescinding Resolution Number 16 -93, which clarified, ratified, and extended the April 1991 moratorium at the same Council meeting at which the design contract is awarded; 4. Loaning, for a period not to exceed three years at five percent interest, up to $300,000 from the General Fund retained earnings to the Sewer Capital Improvement Fund as necessary for the design of the improvements and the operation of the second clarifier; and 5. Directing staff to prepare recommendations on changes to the system development fees for Council consideration at a worksession. Councilmember Woodruff added that this issue had been addressed from every conceivable angle to no avail; it was time for the City to take on the responsibility of upgrading the plant in order that the community could move forward with growth. Although he believed the City residents would remain in fine shape if the September 22, 1994 moratorium were to continue, he felt the moratorium would continue to stifle growth outside the City. As a stipulation to this proposal, he encouraged the Council to implement fees outside the City that were sufficient to pay for the improvements to the system. Councilrnember Walters agreed this action was overdue. He said the City would have liked to have had funding from the State a long time ago for removal of the moratorium. Councilmember Walters said it was unfortunate that attempts to secure State funding, and negotiations with the Kodiak Island Borough, had failed to solve to the problem. He said that the responsibility for the moratorium's removal was ultimately the City's, and he agreed this motion should pass in order that the community could grow. Councilmember Walters also noted that thin project was the City's number one priority funding request for the 1995 Legislature. Councilmember Gilbert felt this action was long overdue, and he supported this motion completely. He said negotiations with the Borough, although unsuccessful, were water under the bridge. He said the Wastewater Treatment Plant was the City's responsibility, and it was time to move forward with the engineering design for its upgrade to ensure continued growth of the community. Councilmember Gilbert wanted to see the project completed in a timely manner. He noted the removal of the moratorium would not affect this year's building season, but would possibly help next year's building season. Councilmember Gilbert commended Assemhlymember Milligan's recognition of the importance of the moratorium's removal, and his efforts to coordinate with the City to have it lifted. Councilmember Gilbert said Assemhlymember Milligan had done a fine job in trying to resolve this issue, and he felt Assemblymember Milligan's efforts should be recognized. Councilmember Ballao said this action showed that the Council was committed to removing the moratorium. Councilmember Davidson concurred with everything said. He was sorry this year's building season had been lost because of the moratorium, and he hoped the Borough would back the City on this action. Councilmember Davidson also hoped relations with the Borough could be strengthened in the future. City Manager Bloomquist said that if it had not been for the Council's courage in implementing last year's utility rate increases, and if it were not for the healthy state of the General Fund which would enable the City to loan itself these funds, none of this would have been possible. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor, and the motion passed unanimously. Councilmember Woodruff asked that the Council consider making a reasonable offer to purchase Tract P -19 in Pearson Cove, or an equal value land trade offer, for the tract's incorporation into the City's park lands there. He suggested this be scheduled for discussion at. a future worksession. Councilmember Walters said a lot of misinformation had been aired regarding September 22, 1994 Pearson Cove. He mentioned that a Council subcommittee had met with Pearson Cove residents to discuss this situation and present the facts. Councilrnember Walters said that subsequent to that meeting he had informed Tract P -19 property owners Dan Ogg and Eric Blankenburg that it was up to them to provide the City with an indication of what kind of resolution they were seeking. Mr. Ogg and Mr. Blankenburg had indicated they would provide a response. Councilmember Woodruff hoped the property owners would use good judgement in assessing their expectations for a solution to this situation. Councilmember Woodruff said he had a good idea how much it would cost for Mr. Ogg and Mr. Blankenburg to develop Tract P -19, and he estimated it would cost much more than the property was worth to complete this development and appease surrounding pro- perty owners. Councilmember Woodruff felt a reasonable offer would be compensation no greater than the property's appraised value, or a land exchange of equal value. Councilmember Ballao suggested the City begin snow removal on the privately maintained road at the end of Cope Street, provided the City secured hold - harmless agreements from the affected property owners. Councilmember Ballao also said it had been a pleasure working with Councilmember Woodruff and the rest of the Council. Councilmember Davidson said it had been a pleasure working with Councilmembers Ballao and Woodruff. Councilmember Davidson was happy the City was on its way towards lifting the moratorium. He commended the City Manager for getting the ball rolling. X. AUDIENCE COMMENTS Pat Holmes thanked the Council for its support of Pearson Cove Park and its pending rezone. He said the park's evolution had been a very long process. He also noted the Pearson Cove/Mission Road Homeowner's Association had been unsuccess- ful in persuading the Corps of Engineers to hold a public hearing in Kodiak regarding the potential development of Tract P -19 in Pearson Cove. He acknowledged that two Corps representatives did meet with a subgroup of the Pearson Cove/Mission Road Homeowner's Association last month, but that no official public hearing had ever been conducted regarding this proposed project. On behalf of the homeowner's association, Mr. Holmes requested the City Council's assistance in urging the Corps of Engineers to conduct this public hearing in Kodiak so that all concerns could be addressed. He again thanked the Council for its continued support. City Intervention RE: Corps of Engineers Public Hearing on Pearson Cove Tract P -19 Councilmember Woodruff said he was highly upset by the Corps failure to address the homeowner's and Coast Guard's expressed concerns regarding the proposed development of Tract P -19. Therefore, Councilmember Woodruff MOVED, seconded by Councilmember Gilbert, to request that the City petition the Corps of Engineers September 22, 1994 to conduct a public hearing in Kodiak regarding the development of Pearson Cove and related navigational concerns expressed by the U.S. Coast Guard; in addition, to urge the Coast Guard to initiate an identical petition. Pat Holmes indicated the Coast Guard had expressed navigational concerns to the Homeowner's Association verbally, and that a formal letter outlining these concerns would be forthcoming soon. He presumed the letter had not yet reached the Corps of Engineers either. City Manager Bloomquist said recent discussions indicated the Corps was inclined to approve the permit application submitted by Dan Ogg and Eric Blankenburg, although the Corps declined to reveal the permit's specifications. Councilmember Walters felt it would be beneficial for Pearson Cove to be utilized as a community park. He reminded everyone that no matter what the City or the surrounding homeowner's thought, the owners of Tract P -19 had the right to develop their property for marine - related use if the Corps permit was approved. Councilmember Walters agreed the Corps should consider the input from the community before approving the permit. Councilmember Davidson inquired whether it would be prudent to petition the Corps for a public hearing without first approaching the owners of Tract P -19. Councilmember Woodruff replied that the Homeowner's Association and the U.S. Coast Guard had expressed legitimate concerns and each deserved to publicly comment on the proposed project. Councilmember Woodruff felt strongly that the City should use its influence to see that a public hearing was conducted. Councilmember Crowe felt it may have been too late to enter into the Corps process with a request that a public hearing be held in Kodiak. He felt the Corps decision would be forthcoming very soon. Councilmember Gilbert did not feel that requesting a public hearing was an attempt to remove any of the property owners' rights in this situation. He felt the neighbor- hood had every right to request a public hearing to address its concerns. Councilmember Davidson responded that he was not opposed to public hearings. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor, and the motion passed. The City Clerk encouraged everyone to participate in the City and Borough October 4, 1994, elections. Marya Nault confirmed the Pearson Cove/Mission Road Homeowner's Association had not received any official notification from the Corps concerning the permit application for the development of Tract P -19. She indicated the association had submitted a letter requesting the Corps address two issues the association felt had not been adequately addressed: hazards to navigation and marine habitat impacts. The Homeowner's Association felt it would be premature for the Corps to issue a September 22, 1991 permit at this point with these matters unresolved in their opinion. Homeowner's Association also wanted to address potential contingencies such as abandonment of an industrial site in Pearson Cove. The association questioned who would be responsible for an uncompleted or abandoned project. Ms. Nault pointed out that the community would have no form of recourse under these scenarios. The Homeowner's Association proposed the Corps require the deposit of a performance bond by the property owners to address these matters, if the permit was eventually approved. In conclusion, the Homeowner's Association did not feel this project was viable or compatible with the surrounding area. Ms. Nault thanked the Council for its support. EXECUTIVE SESSION The Council recessed into executive session on personnel matters, and no action followed. XI. ADJOURNMENT The meeting adjourned at 10:55 p.m. ATTEST: September 22, 1994 Certain City Records Mayor Floyd read Resolution Number 29 -94 by title. The City Manager said Reso- lution Number 29 -94 was presented to authorize the City Clerk to dispose of certain City records which were permanent and had been microfilmed, or were not of histor- ical, legal, or administrative value. The resolution listed the records proposed for destruction, and indicated the department holding the documents. Councilmember Ballao MOVED, seconded by Councilmember Crowe, to pass and approve Resolution Number 29 -94. Councilmember Walters asked whether the list of proposed destruction documents would be made available to the public in case someone was interested in receiving a copy of an item before it was destroyed. The City Clerk said the resolution, and the attached list, was available for public review. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor. The motion carried. f. Authorization to Apply for a Rezone and Conditional Use Permit RE: City -Owned Land in Pearson Cove City Manager Bloomquist said City staff sought authorization to initiate the rezone process of City -owned uplands and tidelands in Pearson Cove, known as Pearson Cove Park, from I- Industrial to NU- Natural Use, and to simultaneously apply for the Conditional Use Permit necessary for the land to be utilized as a park. At its September 6 worksession, the Council heard from the Pearson Cove/Mission Road Community Association, which voiced strong opposition to a proposed marine- relat- ed development in Pearson Cove. The Association felt the development would be incompatible with park use in Pearson Cove, and requested the City's rezone of its tidelands and uplands, comprising the Pearson Cove Park, as a formal indication of the intended use of the land. The rezone would be part of the City's contribution to a mitigation proposal calling for the Corps of Engineers to mitigate damages associ- ated with fill placed in St. Herman Harbor. Councilmember Ballao MOVED, seconded by Councilmember Woodruff, to authorize City staff to initiate the rezone, and Conditional Use Permit application process, for City -owned uplands and tidelands in Pearson Cove, commonly known as Pearson Cove Park from I- Industrial to NU- Natural Use. Councilmember Woodruff said he was in favor of this rezone. He had spent many years trying to guide the Pearson Cove project to finality as compensation for the City's taking of tidelands in the cove for park use, Councilmember Woodruff said Pearson Cove would now be a beautiful area for the whole community to enjoy. He would like to see the possibility of industrial uses within the cove removed, because he felt the cove was unsuitable for such uses due to the heavy winds and seas common in the cove. Councilmember Davidson agreed with Councilmember Woodruff. Councilmember September 22, 1994 Davidson said he could envision the park being used as a bike /pedestrian path for people traveling to and from downtown as an alternative to walking along Mission Road. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor, and the motion passed. g. Consideration of Sublease RE: Kodiak Island Convention and Visitors Bureau—Kodiak Chamber of Commerce Building The Kodiak Chamber of Commerce had presented for approval its sublease with the Kodiak Island Convention and Visitors Bureau (KICVB) for approximately 510 square feet of office space within the City -owned building at Pier I. The term of the sublease would extend through June 30, 1997, and monthly rental income in the amount of $310 would be retained by the Chamber to be applied toward mainte- nance of the building. Councilmember Davidson MOVED, seconded by Councilmember Ballao, to approve the Kodiak Chamber of Commerce sublease of approximately 510 square feet of the City -owned Chamber building to the Kodiak Island Convention and Visitors Bureau; the term of the sublease to extend from July 1, 1994, through June 30, 1997. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor; the motion carried. h. Consideration of Sublease RE: Kodiak Area Special Olympics— Kodiak Chamber of Commerce Building The Kodiak Chamber of Commerce had presented for approval its sublease with the Kodiak Area Special Olympics for 144 square feet of office space within the City - owned building at Pier I. The term of the sublease would extend through June 30, 1997, and monthly rental income in the amount of $25 would be retained by the Chamber to be applied toward maintenance of the building. Councilmember Gilbert MOVED, seconded by Councilmember Woodruff, to approve the Kodiak Chamber of Commerce sublease of 144 square feet of the City -owned Chamber building to the Kodiak Area Special Olympics; the term of the sublease to extend from July 1, 1994, through June 30, 1997. The roll call vote was Councilmembers Ballao, Crowe, Davidson, Gilbert, Walters, and Woodruff in favor; the motion passed. 1. Request for Voluntary Suspension RE: Taxicab Permit #25 The City Manager said Robert King had requested voluntary suspension of Taxicab Permit #25 to allow time to sell the permit. Councilmember Ballao MOVED, seconded by Councilmember Crowe, to approve the voluntary suspension of Taxicab Permit Ii25 through December 31, 1994. WALTER J. NICKEL, GOVERNOR DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 3601 C ST., SUITE 1350 ANCHORAGE, AK 99503 Mr. Dan Ogg P.O. Box 2754 Kodiak, AK 99615 563 -6529 CERTIFIED MAIL RETURN RECEIPT REQUESTED P 521 090 294 October 12, 1994 OCT. 1 41994 COMMUNIT D: _ONENT Subject: Kodiak Harbor 70, NPACO No. 071- OYD -2- 940387 State I.D. No. AK9406 -15AA Dear Mr. Ogg: In accordance with Section 401 of the Clean Water Act of 1977 and provisions of the Alaska Water Quality Standards, the Department of Environmental Conservation is issuing the Certificate of Reasonable Assurance for the proposed construction of marine storage facilities at Kodiak, Alaska. This department action represents only one element of the overall project level coastal management consistency determination issued by the Office of Management and Budget under AS 44.19 and 6 AAC 50.070. Department of Environmental Conservation regulations provide that any person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15 .2.0.0- 310. The. request should be mailed to the Commissioner of the Alaska Department of Environmental Conservation, 410 Willoughby Ave., Suite 105, Juneau, AK 99801. Please also send a copy of the request for hearing to the undersigned. Failure to submit a hearing request within thirty days of receipt of this letter shall constitute a waiver of that person's right to judicial review of this decision. Mr. Dan Ogg 2 October 12, 1994 By copy of this letter we are advising the Corps of Engineers and the Division of Governmental Coordination of our actions and enclosing a copy of the certification for their use. TR\ji [SCRO-wqm] Enclosure cc: Corps of Engineers F&WS DGC, Anchorage Susan Braley, ADEC Elaine Pistoresi, ADEC Linda Freed, Kodiak Boro Sincerely, Sim. Mawon Ac ng Rfigional Administrator EPA, AK Operations Larry Bullis, DNR\DOL ADF&G, Anchorage Kodiak FO, ADEC Planning. STATE OF ALASKA. DEPARTMENT OF ENVIRONMENTAL CONSERVATION CERTIFICATE OF REASONABLE ASSURANCE A Certificate of Reasonable Assurance, as required by Section 401 of the Clean Water Act, has been requested by Eric Blankenburg, Box 707, Kodiak, Alaska 99615, for construction within an intertidal zone. Work will entail the construction of two 50' x 30' piers, 2 ramps, 2 floats, and a 120' x 10' floating breakwater. The facility will provide caretaker housing and storage for marine related activities. The proposed activity is located within Section 32, T27S, R19W, Seward Meridian, in Pearson Cove, Kodiak, Alaska. Public notice of the application for this certification has been made in accordance with 18 AAC 15.180. Water Quality Certification is required for the proposed activity because the activity will be authorized by a Corps of Engineers permit identified as Kodiak Harbor 70, NPACO No. 071-0YD-2-940387 and a discharge may result from the proposed activity. Having reviewed the application and comments received in response to the public notice, the Alaska Department of Environmental Conservation certifies that there is reasonable assurance that the proposed activity, as well as any discharge which may result, is in compliance with the requirements of Section 401 of the Clean Water Act which includes the Alaska Water Quality Standards, 18 AAC 70, and the Standards of the Alaska Coastal Management Program, 6 AAC 80., provided that the following stipulations are adhered to. These stipulations were adopted pursuant to 6 AAC 50 (Project Consistency with the Alaska Coastal Management Program) and are necessary to ensure that your project is consistent with the ACMP: 1. All work activity within the public sewer easement shall be coordinated with the City of Kodiak to insure protection to the existing pubic sewer line. 2. All earth\armor rock work in the intertidal area shall be done during the time in which the area is dewatered. 3. The armor rock shall be installed prior to the placement of backfill below the high tide line or said backfill shall consist of shot rock, clean of organics and silts or the fill area shall be enclosed within a silt curtain during backfill placement until the armor rock has been installed. In addition to the above, the following non-acmp stipulation is required to protect human health: 4. Design plans for the caretaker facility sewage disposal must be approved by the Alaska Department of Environmental Conservation Kodiak Of 'ce, ph. 486-6760, prior to the initiation of project o struction. Date o/r2icig Simon awson Acting Regional Administrator OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 -C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 October 4. 1994 Dan Ogg Box 2754 Kodiak, AK 99615 Dear Mr. Ogg: 0 CENTRAL. OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3567JFAX: (907) 465-3075 Subject: FINAL CONSISTENCY DETERMINATION Kodiak Harbor 70 STATE I.D. NUMBER AK9406-15AA WALTER J. HICKEL, GOVERNOR 0 PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 DEPARTMENT, The Division of Governmental Coordination (DGC) has completed coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP). On September 27th you were issued a revised proposed consistency finding for your project. The project is to place approximately 150 cubic yards of new armor rock to face the existing shot rock fill along approximately 100 linear feet of bank. Remaining fill will be approximately 500 cubic yards of shot rock for a total fill area of 2,200 square feet. Work will also include the construction/installation of two 40' wide X 50' long piers, two 6' X 25 ' ramps, two 12' by 30' floats. Four dolphin pilings, one adjacent to each end of the floating docks, will provide more boat tie up options. The material to be used for the pilings and piers will consist of pressure treated wood, metal and/or plastic. A 120' X 10' X 6' floating breakwater will consist of six segments, each 20' long, and be anchored with twelve 2,000 to 4,000-pound anchors. A building approximately 24' X 30' and 24' high will be constructed on each pier. The purpose of the project is to provide access and facilities, including caretaker housing, for marine related activities and storage. The project is located at T. 27 S., R. 19 W., Section 32, Seward Meridian, Pearson Cove, Kodiak, Alaska. This final consistency determination, developed under 6 AAC 50, applies to the following state and federal authorizations: Department of Environmental Conservation, Section 401, Water Quality Certification U.S. Army Corps of Engineers, Sections 10 & 404 (2-940387) 01-A35LH Kodiak Harbor 70 -2- October 4, 1994 AK9406-15AA Final Finding Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough, the state concurs with your certification that the project is consistent with the ACMP, provided the following conditions are met. These conditions will appear as stipulations on the state permits noted: 1. All work activity within the public sewer easement shall be coordinated with the City of Kodiak to insure protection to the existing public sewer line. RATIONALE: _This_stipulation . will help _insure that the line isnot .broken_ causing a water quality problem. (6 AAC 80.140 Air, Land and Water Quality) 2. All earth/armor rock work in the intertidal area shall he clone during the time in which the area is dewatered. The armor rock shall be installed prior to the placement of backfill below the high tide line or said backfill shall consist of shot rock, clean of organics and silts or the fill area shall be enclosed within a silt curtain during backfill placement until the armor rock has been installed. RATIONALE: Stipulations 2 and 3 are necessary to limit marine water siltation. (6 AAC 80.140 Air, Land and Water Quality) Copies of the ACMP Standards were included with the previous finding. This final consistency determination represents a consensus reached between you as the project applicant and the reviewing agencies listed above, as provided for under 6 AAC 50.070(k). As also provided under 15 CFR 930.64(c), federal authorization C>eybur project will be made with the full understanding that your original project proposal., has been modified subject to the conditions described above. 't P.? -" if changes to the approved project are proposed prior to or during its siting, construction, or operation, you are required to contact this office immediately to determine if further review and approval of the revised project is necessary. The state reserves the right to enforce compliance with this final consistency determination if the project is changed in any significant way, or if the actual use differs from the approved use contained in the project description. If appropriate, the state may amend the state approvals listed in this final consistency determination. By a copy of this letter we are informing the U.S. Army Corps of Engineers of our determination. Kodiak Harbor 70 -3- October 4, 1994 AK9406-I5AA Final Finding Other Concerns/Advisories: If cultural or paleontological resources are discovered as a result of this activity, we request that work which would disturb such resources be stopped and that the State Historic Preservation Office be contacted immediately (762-2626). Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable State and federal laws and regulations. Your consistency determination may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and segulation.s. oi. If you have questions regarding this determination, please contact me at 561-6131. Sincerely, Arlene Murphy Project Review Coordinator cc: Bill Abadie, COE Tim Rumfelt, DEC Larry Bullis, DNR Tim Smith, DNR, SHPO Wayne Dolezal, DFG Linda Freed, KIB Eric Blankenburg, Agent Marya Nault, Pearson Cove/Mission Road Community Association a:admproj\kodhar70.fin .!1 SOUTHCENTRAL REGIONAL OFFICE 3601 °C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 OFFICE OF IRE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION 01-A35LH September 27, 1994 Dan Ogg Box 2754 Kodiak, AK 99615 Dear Mr. Ogg: SUBJECT: 0 CENTRAL, OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 COMA DEPARM■ENT WALTER J. NICKEL, GOVERNOR 0 PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 Certified Mail Return Receipt Requested P 479 043 325 REVISED PROPOSED CONSISTENCY FINDING Kodiak Harbor 70 STATE I.D. NUMBER AK9406-15AA (COE 2-940387) The Division of Governmental Coordination (DGC) issued a proposed finding on September 9th. Since then, in cooperation with the reviewing agencies, modifications to the project have been made. This revised proposed consistency finding incorporates the recent design changes. (A copy of applicant's September 22nd letter to Bill Abadie, U.S. Army Corps of Engineers, describing design changes and including updated diagrams is attached to the distribution list copies of this finding.) The project is to place approximately 150 cubic yards of new armor rock to face the existing shot rock fill along approximately 100 linear feet of bank. Remaining fill would be approximately 500 cubic yards of shot rock for a total fill area of 2,200 square feet. Work would also include the construction/installation of two 40' wide X 50' long piers, two 6' X 25 ' ramps, two 12' by 30' floats. Four dolphin pilings, one adjacent to each end of the floating docks, will provide more boat tie up options. The material to be used for the pilings and piers will consist of pressure treated wood, metal and/or plastic. A 120' X 10' X 6' floating breakwater would consist of six segments, each 20' long, and be anchored with twelve 2,000 to 4,000-pound anchors. A building approximately 24' X 30' and 24' high would be constructed on each pier. The purpose of the project is to provide access and facilities, including caretaker housing, for marine related activities and storage. The project is located at T. 27 S., R. 19 W., Section 32, Seward Meridian, Pearson Cove, Kodiak, Alaska. This proposed consistency finding, developed under 6 AAC 50, applies to the following state and federal authorizations: Department of Environmental Conservation, Section 401, Water Quality Certification U.S. Army Corps of Engineers, Sections 10 & 404 (2-940387) Kodiak Harbor 70 -2- September 27, 1994 AK9406-15AA Proposed Finding Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough, the State concurs with your certification that the project is consistent with the ACMP provided the following conditions are met: 1. All work activity within the public sewer easement shall be coordinated with the City of Kodiak to insure protection to the existing public sewer line. RATIONALE: This stipulation will help insure that the line is not broken causing a water quality problem. (6 AAC 80.140 Air, Land and Water Quality) 2. All earth/armor rock work in the intertidal area shall be done during the time in which the area is dewatered. The armor rock shall be installed prior to the placement of backfill below the high tide line or said backfill shall consist of shot rock, clean of organics and silts or the fill area shall be enclosed within a silt curtain during backfill placement until the armor rock has been installed. RATIONALE: Stipulations 2 and 3 are necessary to limit marine water siltation. (6 AAC 80.140 Air, Land and Water Quality) Copies of the pertinent ACMP standards are enclosed. Please contact me within five days of your receipt of this proposed finding to indicate whether or not you concur with this finding. If you are not prepared to concur within the five-day period, you may either: (a) request an extension of the review schedule, if you need more time to consider this finding, or (b) request that the state reconsider this finding, by submitting a written statement requesting "elevation" of the finding, describing your concerns, and proposing an alternative consistency finding. This alternative finding must demonstrate how your project is consistent with the referenced standards of the ACMP and district policies without the stipulations included in this proposed finding. If I do not receive your request for extension or an elevation statement from you, or any other reviewing party with elevation rights as per 6 AAC 50.070(j), within five days of receipt of this letter, this proposed finding will be issued as a final conclusive consistency determination. s.) Kodiak Harbor 70 AK9406-15AA r -3- September 27, 1994 Proposed Finding By copy of this letter, we are informing the U.S. Army Corps of Engineers of our proposed finding. Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable state and federal laws and regulations. Your consistency determination may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If you have questions regarding this process, please contact me at 561-6131. Sincerely, Arlene Murphy Project Review Coordinator (Enclosures for cc list) cc: Bill Abadie, COE Larry Bullis, DNR Wayne Dolezal, DFG Eric Blankenburg, Agent a:admproj\kodhar70.rpr Tim Rumfelt, DEC Tim Smith, DNR, SHPO • Linda Freed, KIB September 22, 1994 Dept. of the Army U.S. Army Engineer District -South Box 898 Anchorage, Alaska 99506 -0898 Attention Mr. Bill Abadie Project Manager Re: 2- 940387 Kodiak Harbor 1170 Dear Mr. Bill Abadic, Dan Ogg Box 2754 Kodiak, Alaska 99615 tel. 907 - 486 -4711 fax. 907 -486 -2777 SEP 6 fgc `! U •::4 WiT 1: rolq This letter is in response to your letter of September 1, 1994 and our two most recent phone calls. In your letter you offered us an opportunity to respond to recent letters of comment on our project and also to submit our final drawings for the project. We will first deal with the comments. PART ONE Responses to Comments As your stated in our phone conversation of September 12, 1994 you felt there were three major areas to be addressed which were as follows: zoning issues. access issues, and navigation issues. You felt the zoning and access issues were for the local governments and that they have been addressed. (please refer to the copy of our letter to Arlene Murphy Co- ordinator State of Alaska dated August 22, 1994 in your file ). You felt the remaining issue of navigation should be addressed especially the concerns raised by the City of Kodiak through their harbor master Mr. McCorkle, the concerns raised by the Alaska Marine Highway through their relief skipper, Capt Krumm. of the MN Tustumena, and oomments by the US Coast Guard, which to:date have not been received. However, I have talked with QMCS Eugene Coffin III of the office of Commander (oan) 17th Coast Guard District. He felt the concern the Coast Guard would most likely express is their feeling that the project will narrow the channel increasing the hazard to navigation. In addition, he felt the strong north east swell will cause damage to the piers and floats. Mr. McCorkle and Mr. Crumb expressed similar concerns in their letters. Mr. McCorkle further added that his experience with the floating breakwater in Dog Bay made him page two feel that floating breakwaters were ineffective as to large swells. Project a Hazard to Navigation The Near Island channel between downtown Kodiak and Near Island is only 350 feet ill width at the point where the Near Island Bridge crosses. The channel is dredged only to the width of 200 feet. At the site of our project, should thc optional breakwater be installed, the width of the channel between the floating breakwater and the channel buoy will be approximately 500 feet. This is more that twice the width of the dredged channel. and wider than the point at the Near Island Bridge by 150 feet. We further point out that the depth of the water on our property at the point where the optional breakwater will be installed is two fathoms at low mean low water. In tact the depth of our property at low mean low water is no greater than two fathoms. In addition, we point out that our project does not protrude beyond a line drawn from the pier on the southern side of Fuller's boat yard and the southeast point on the northeast end of Pearson Cove. Bascd upon these facts it is our opinion that our project does not create or increase the hazard to navigation in the Near Island Charmel, Exposure to Northeasterly Storms and Swells Our project is located well inside Pearson Cove and to the northeast cnd of the Cow. Vic agree with Mr. Krumm and Mr. McCorkle that the channel and Fuller's Boat Yard receive heavy swells and combcrs during strong northeast storms, however our project is nestled to the north east of thc cove and is protected from north east swell and storms by the point on the north east side of the cove. We do not have the professional experience to say whether swells will be stopped by a floating breakwater or not. If you will note our breakwater is laid out east to west. It is intended to thwart ship wake from the channel and not the northeast swells which go from east to west through the Near Island Channel. It is our belief that the optional breakwater. if deployed, will not be affected by the swells as its location in the northeast comer ofthe cove is protected from the northeast swells by the point. PART TWO Final Modifications to Project Based upon the comments received and conversations with you we have made the following modifications to our proposal and submit the final drawings of our project for permit approval. 1. (a) In our original drawings we indicated we would remove the armor rock and place it along the face of the new fill or we would leave the existing armor rock and install new armor rock on the fact of our proposed fill. Based upon comments from the City of Kodiak and Arlene • I 1 page three Murphy of State of Alaska OMB -DOC, our plans are to leave the existing armor rock in place and to use new armor rock to face the shot rock till. (b) We plan to use 150 cubic yards of armor rock in the facing of the project. 2. (a) We have changed the position and size of our piers as follows: (1) the west pier has been moved 3 to 5 feet to the south and 5 feet to the cast. ( this is to accommodate the concerns of the city that the concrete footings for the pier were in the sewer easement and to allow for side slope for the fill and armor rock. It may have been the scale ofthe original drawing which mislead the city. If we are right. as we believe we are, upon construction we will be able to use less fill than we are requesting as a result of this modification.) (2) the east pier has been moved 10 feet to the west and 15 feet to the south. ( this is to accommodate a fear that we will slope the fill onto adjacc ni. land and to accommodate the parking requirement s of the Kodiak Island Borough. [see letter dated August 22, 1994 to Arlene Murphy, State of Alaska OMB -DC]) (b) The total amount of shot rock fill to be used in the project based upon these modifications is now 500 cu. yards. (c) The square foot area of the fill is now 2200 square feet. It will be filled to an average depth of 7.9 feet. This gives approximately 650 cubic yards of fill including both armor and shot rock. 3. (a) Both ofthe piers have been increased in width by ten feet. The piers are now 40 feet by fifly feet. ( this change was based upon on site discussions with Mr. Bill Abadie it will allow for better access to the pier front along the side of the buildings) 4. (a) Four dolphin pilings have been added one each adjacent to each end of the floating docks. ( this change will make use of the floating docks safer by giving boats tying up an extra place of attachment) 5. (a) the material to be used for the pilings and pier is modified from treated wood to also include metal and or plastic. ( this change is to take advantage ofthe market cost of materials which have changed dramatically in the last twelve months, especially the price of wood.) page four 6. (a) the attachment point for the floating breakwater anchors has been moved so the chains go diagonally under the floating breakwater instead of straight out. (see. sheet 3(b)) ( this allows for more stability and also allows vessels to approach close to the breakwater safely and without fouling the chain) •ompanying final drawinus reflect the modifications stated above. It has been a pleasure working with you. Sincerely, Dan Ogg Box 2754 Kodiak, Alaska 99615 cc: Arlene Murphy State of Alaska OMB -DGC QMSC Eugene Coffin III of Office of Commander (oan) 17th Coast Guard Dist. Ka t�tgtl C HelN nit, Ca (%14AR tSCAN� GILL W _7 0 ` 50t o • 9) ✓ o 2. O_ - RAM.(3 L' S'- Pt1.tNCr �y O FLoP1 LIAPV* la 3 AT 111LLt,J 0 PILLNG- O P4aP0SI.q P►4 (L Liu' j///�j KO QC)51 F \t_l. 1(lf !� as 0 0 s a, C4-tr (3ouN)Pt(01 OF SiW1;2 A S'i �lkS NT- 'E— tnt_L J T\p LR(vrp TRr�cT' e- ict (T5 N0. (Act Z Dt (N'DqSTa\tcL 10'x .0' I O x z o I I o' ><10 I l o' x gyp' 10'04' FIOATtNtr (SR£AtLwATS a. 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IAIL'tskO't ST L\ 0 fr\ , fr- _ OFFICE OF TILE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION OUTHCENTRAL REGIONAL OFFICE 3601 "C STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 September 16, 1994 Eric Blankenburg Box 707 Kodiak, AK 99615 Dear Mr. Blankenburg: 1.2 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3567JFAX: (907) 465-3075 WALTER J. NICKEL, GOVERNOR .‘Jr -"? LC:7j I 9 1994 El l'PIPELINECCIORDINA itiltftiOrde- 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907)278-8594/FAX: (907) 272-0690 SUBJECT: REQUEST FOR UPDATED PROJECT DESCRIPTION Kodiak Harbor 70 State LD. Number AK9406-15AA During recent conversations with you and Bill Abadie from the U.S. Army Corps of Engineers (COE), it became apparent that some recommended modifications to the project description are required and are being considered. The Alaska Coastal Management (ACMP) consistency review is essentially complete for the originally proposed project. However, in order for the state to determine if the changes being considered will be insignificant and the project will remain consistent with the ACMP, I need you to please send me a copy of the revised project description and diagrams that you submit to the COE. I will distribute them to the ACMP reviewers and if they concur the project is still consistent with the ACMP I will issue a revised proposed finding incorporating the modifications in the project description. Your continued cooperation with the Alaska Coastal Management Program is appreciated. Sincerely, Arlene Murphy Project Review Coordinator cc: Bill Abadie, COE Larry Bullis, DNR Wayne Dolezal, DFG Dan Ogg, Agent a:admproj\kodhar70.rnod 01-A354H Tim Rumfelt, DEC Tim Smith, DNR, SHPO Linda Freed, KIB NIS SOUTHCENTRAL REGIONAL OFFICE 3601 'V STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 OFFICE OF TIM GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION September 8, 1994 Eric Blankenburg Box 707 Kodiak, AK 99615 Dear Mr. Blankenburg: SUBJECT: 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 cnr_D 2 1994 M)oi4j:!: - --- PROPOSED CONSISTENCY FINDING Kodiak Harbor 70 STATE I.D. NUMBER AK9406-15AA WALTER J. HICKEL, GOVERNOR 0 PIPELINE COORDINATORS OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 Certified Mail Return Receipt Requested P 479 043 319 The Division of Governmental Coordination (DGC) is currently coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP) and has developed this proposed consistency finding based on reviewers' comments. The project is to remove approximately 118 cubic yards (cy) of existing armor rock from approximately 100 linear feet of bank; to discharge approximately 400 cy of material in approximately 0.04 acres along the face of the altered bank, and to discharge the 118 cy of armor rock that would be removed, along the face of the newly placed fill. Work would also include the construction/installation of two 50' X 30' piers, two 6' X 25 ' ramps, two 12' by 30' floats, and a 120' X 10' X 6' floating breakwater. The breakwater would consist of six segments, each 20' long, and be anchored with twelve 2,000 to 4,000-pound anchors. The timbers and piles used would be pressure treated wood. A building approximately 24' X 30' and 24' high would be constructed on each pier. The purpose of the project is to provide access and facilities, including caretaker housing, for marine related activities and storage. The project is located at T. 27 S., R. 19 W., Section 32, Seward Meridian, Pearson Cove, Kodiak, Alaska. This proposed consistency finding, developed under 6 AAC 50, applies to the following state and federal authorizations: Department of Environmental Conservation, Section 401, Water Quality Certification U.S. Army Corps of Engineers, Sections 10 & 404 (2-940387) Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough, the State concurs with your certification that the project is consistent with the ACMP provided the following conditions are met: Kodiak Harbor 70 -2- September 8, 1994 AK9406-15AA Proposed Finding All work activity within the public sewer easement shall be coordinated with the City of Kodiak to insure protection to the existing public sewer line. RATIONALE: This stipulation will help insure that the line is not broken causing a water quality problem. (6 AAC 80.140 Air, Land and Water Quality) 2. All earth/armor rock work in the intertidal area shall be done during the time in which the area is dewatered. _ - 3. The armor rock shall be installed prior to the placement of backfill below the high tide line or said backfill shall consist of shot rock, clean of organics and silts or the fill area shall be enclosed within a silt curtain during backfill placement until the armor rock has been installed. RATIONALE: Stipulations 2 and 3 are necessary to limit marine water siltation. (6 AAC 80.140 Air, Land and Water Quality) Copies of the pertinent ACMP standards are enclosed. Please contact me within five days of your receipt of this proposed finding to indicate whether or not you concur with this finding. If you are not prepared to concur within the five-day period, you may either: (a) request an extension of the review schedule, if you need more time to consider this finding, or (b) request that the state reconsider this finding, by submitting a written statement requesting "elevation" of the finding, describing-your concerns, and proposing an alternative consistency finding. This alternative finding must demonstrate how your project is consistent with the referenced standards of the ACMP and district policies without the stipulations included in this proposed finding. If I do not receive your request for extension or an elevation statement from you, or any other reviewing party with elevation rights as per 6 AAC 50.070(j), within five days of receipt of this letter, this proposed finding will be issued as a final conclusive consistency determination. By copy of this letter, we are informing the U.S. Army Corps of Engineers of our proposed finding. Kodiak Harbor 70 -3- September 8, 1994 AK9406 -15AA Proposed Finding Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable state and federal laws and regulations. Your consistency determination may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If you have questions regarding this process, please contact me at 561 -6131. Sincerely, Arlene Murphy Project Review Coordinator cc: Bill Abadie, COE Tim Rumfelt, DEC Larry Bullis, DNR Tim Smith, DNR, SHPO Wayne Dolezal, DFG Linda Freed, KIB Dan Ogg, Agent a: adm pro j\kodh ar70.pro They='re• working to - reutve the `,Ram ', By JOHN=PFEIFER Mirror Writer ' So many, Pearson Cove folks :` - • turned •out- for "Tuesday, night's ' rodiakICity- Council _worksession, thecouned' had toimove;the.meet i lig.to; a largermorim ,:_ ---' The residents- are,upset about Dan-Ogg ;andEric Blankenburg s "" to +build .,a•"new dock and plan manne- related storage facility",,.• in the -cove at the :=north endf. of •, the, Near-Islandchannel.` - "I Would, like to` see- the.coun- ' tcil:turn'•.the=entire area into a park ';'' so there's "no way, absolutely no way, -for :any: More development-',' down there " "said Stott Garoutte,;,, who has;livedgm�,,the neighbor- ,T, hood for'20'yeas :,: •" , ':Garoutte; and others •aren't '" just; worried about- losing their:, ocean views : :' They,say, they.; -,f? re also -con -. cerned.aboutsafety.'" ' ' .Trucks and vehicles accessing ; ' the proposed development would Jobta t?teit is photo ,have rtoxdrive down:-Pc-Herinan ' ' Street;. -a narrow; gravel road aside the- council chain- - arelywidetenoughlorone'car , "bers,;',Vearsen,,'Cove resi- What s •m ore, the road'. goes` ,dents argue:thelr_'case, right by "a popularrcity park..' : "Tonight, there were probably ',2--...,:. elief Master of" the N 15`to 20 different - children- there,", Tustumena ,:�in a letter sent to • - Gamuttesaid: • • . ` the Carps July, 28: • `A lot of the smaller ones; just `The, bottom line from a runfrom- their.houses across':the navigation, point ofview ` "• is r• road, and into• the. park '' "' , that I am :'strongly -:against. the ,Others raised ".concerns' about project, ".Krumm wrote.'• "' "_ • -• 'the. projects. impact on marine - : One perspectives that was not • " =safety., :• heard at Tuesday: night's meet- ; Blankenburg;-and, Qgg's pro ' ing,was• that of the developers, ; " sal 'includes.a.,possible float= "-Oggand'Biankenburg. ;ing breakwater that could ;be •- Neither could attend:.-- ' placed some 200'feet offshore In their absence however a Fishermen'who live in .the area ',potential solution seems to be `-, say the breakwater would create Tetnergmg .'have the:Anny Corps a navigation hazard; at the north ;:.-Of', Engineers buy the :property., ' - entrance to the channel - .' and turn it•into.a city park ,. • -. "Asiever one who, :goes,in and' This is where.the story gets a`'. -out of that channel.knows, that s - ,bit confusing: L, where .the pretty, tight little: place; ",,said . =It's :confusing ;because tithe 'Andre, Natiit ' Corps of'Engineerrs is involved. • ."Net, only would- a floating idtwo different ways.. _ breakwater and some piers affect '- ' ' One branch of the'Corps, •let's the width =of that channel, a' lot call it the regulatory -side is,re- - 'of tunes sinaller•boats will dodge sponsible for,_issuing;the tideland` into: the -cove' to give -" way to : •:permit that Blankenburg:and'Ogg' • 'larger:vessels like the ferry," ; niust;have before theycan build. • Naultsaid •.. � Another,branch of,,tiie Corps,; • Evenr:if that floating ,b eak ,let''s cab•itthe constr"uctionside;- water isn',t :there, d can still see` is-working with:the city over Mil'. r'sonie•potential safety problems," "- -the .other side of the channel to he said: .':' " i '' ' build a new, breakwater at St.r Residents aren't ,the only ones; 'Hemtan: Ha bor raising yconcems about the safety -, ' How are:these twoiiing's coil -. of the project. Both the-Alaska." nectedT ` • ,' Marine,High_way:System;and.the Well, -the. construction side, of! , Port of :Kodiak have written filet- the'Corpsran into a•problem with • ters.to .the-11.s. Army Corps of the regulatory side, during the; - Engineers: : -, y • breakwater-, •project'• when ' it Near- Island channel TS ;air: • ;dumped some unathonzed fill- row and restrictive to ',begin into SC Herman Harbor (Ap=° with and-die. 'throttling down ' , .parently the Corps ;failed ao get -' of the' 'north end by this: project, : the necessary permits -from .'it- coupled -with "the• presence of self} •:: Cyane-Rock: just across the „•,.:, As a result, the regulatory"side -'channel'. from the' :projecriciei- rdered the 'rconstruction side'•to :Cron Will- serveAo make 'the ap dredge up'the illegal fill `proae&- More, hazardous' than-it The-city„ how” "ever doesn't ,' • . already is," wrote L.G. Krumm, . ' See Cove, Page 3" MEMORANDUM State of Alaska DEPARTMENT OF FISH & GAME TO: Arlene Murphy DATE: September 6, 1994 Project Review Coordinator Division of Governmental FILE NO.: Coordination Office of Management TELEPHONE NO.: 267 -2284 and udget /j SUBJECT: Eric Blankenburg L . �1 i _ _ Kodiak Harbor 70 FROM: C. Wayyine Dolezal t� �COE No. 2- 940387 Habitat Biologist I! b. _.! �SIDeAK9406 -15AA Region II , Habitat and Restoration Divisions p - g 1g94 N Department of Fish and Game UL SF' YN COMD� a EPAEe The Alaska Department of Fish and Game (ADF &G) has reviewed the dock and warehouse construction project referenced above. The project entails construction of two pile supported piers measuring 50 feet long by 30 feet wide. Atop each pier would be constructed a 30 foot long, 24 foot wide, 24 foot high building. A 6 foot wide, 25 foot long gangway will extend from each pier to two 20 foot long, 12 foot wide floating docks. Seaward of the piers and floating docks will be anchored a 120 foot long, 6 foot wide floating breakwater. Approximately 400 cubic yards of fill will be placed into 0.04 acres of tideland on the landward side of the piers to provide overland access to the structures. All structures and fill will be located within the . boundary of ATS Number 49. Per a telephone conversation with the applicant, we understand that the primary purpose of the project is to provide storage space for private fishing gear. The ADF &G recommends that this project be found consistent with the Standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. We appreciate the opportunity to comment. If you have any specific questions, please contact me at 267 -2333. cc: P. Probasco, ADF &G L. Schwarz, ADF &G T. Rumfelt, ADEC L. Bullis, ADNR L. Freed, KIB B. Smith, NMFS H. Dean, EPA L. Fairchild, USFWS OFFICE OF BIE, GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 ''C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 September 2, 1994 Eric Blankenburg Box 707— Kodiak, AK 99615 Dear Mr. Blankenburg: 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 RE-START PROJECT REVIEW Kodiak Harbor 70 STATE I.D. NO. AK9406-15AA / WALTER-J,--HICKEE:GOVEIRNOR - 6 1994 0 PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 The Division of Governmental Coordination (DGC) is currently coordinating the State's review of the above project for consistency with the Alaska Coastal Management Program. The review schedule was to be reestablished when you notified me the issues have been resolved. Your letter of August 22nd asks that the review be restarted on Friday, September 2nd.. The schedule which follows sets out the timeline for the events which remain in the 50- day review re-starting at Day 34 (the "Stop Clock" letter that was issued August 4th inadvertently listed the restart day as Day 17. Since this is a 50-day review, the restart day should be Day 34. I am sorry for any confusion this caused): Day -34 Comments due to DGC Notification to Applicant Decision Deadline 9/2/94 9/2/94 9/12/94 9/18/94 If you have any questions or comments about the status of your project, please feel free to contact me directly at 561-6131. 01-A35LH Kodiak Harbor 70 AK9406-15AA Sincerely, Arlene Murphy Project Review Coordinator cc: -Bill Abadie, COE Larry Bullis, DNR Wayne Dolezal, DFG Dan Ogg, agent a:admproj\kodhar70.res -2- September 2, 1994 Restart Tim RUmfelt, DEC— - - Tim Smith, DNR, SHPO Linda Freed, KIB CRSA PORT Or- kODIAk 403 MARINE WAY. ICODIN. ALMA 99615 September 2, 1994 Colonel Peter A. Topp, District Engineer Alaska District,. Corps of Engineers Department of the Army PO Box 898 Anchorage, AK 99506-0898 TELEPHONE (907) 486-8080 FAA (907) 486-A090 RE: Permit — Kodiak Harbor 70 — St. Herman Harbor 1 — 2-930425 Dear Colonel Topp: City Manager Gary Bloomquist has authorized me to correspond with you concerning the above referenced projects. The Mayor, Council, and City Manager wish to reiterate their support for the Corps to purchase Parcel 19, a privately owned industrial zoned parcel in Pearson Cove. We understand that this purchase has been proposed as a form of mitigation for both the St. Herman Harbor 1 project, and the excess fill placed at the quarry site during Phase 1 of the Kodiak Breakwater project. If purchased and retained by the City, Parcel 19 would remain an undisturbed, pristine area of valuable marine habitat. This also resolves a sensitive local development issue. If the St Herman Harbor 1 project permits for Phase 1 and 2 are issued by the Corps, the Council would be very receptive to offer approximately seven acres of City—owned Pearson Cove property for additional mitigation. This property consists of industrial zoned land estimated at 1.8 acres of uplands and 5.2 acres of tidelands with an estimated value of over $1,000,000. Our 1993 appraisal for industrial zoned waterfront land was $7.25 per square foot for uplands and $1.81 per square foot for tidelands. This would allow all of Pearson Cove to remain an undeveloped, pristine environmentally sensitive area. The Council would change the zoning on their property from industrial to Natural Use (park), and would guarantee the effectiveness of this proposal by working with local residents, including biologists, fishermen, and teachers on an environmentally sound mitigation development plan. The Kodiak Island Borough Planning and Zoning Commission would make this change thereby providing assurance that the property would be preserved. Some assurance that our offer and request can proceed will allow the City Council to proceed with the rezone at the earliest possible date. Thank you. Sincerely, CITY OF KODIAK G.V. "Corky" McCorkle Harbormaster/Port Administrator N EP 21994 COMMUNITY DEVd_OPMENT DEPARTMENT Attached: Letter from Pearson Cove/Mission Road Community Association Pearson Cove/Mission Road Community Association Box 922 Kodiak, Alaska 99615 Sept. 1, 1994 Kodiak City Mayor Kodiak City Council Reference: Potential "Mitigation Efforts" in Pearson Cove Dear Mayor Floyd and City Council: Professional fishery biologists, fishermen, teachers, and contractors, in our neighborhood association would like to offer our services in "mitigation efforts" for the damage to the intertidal and nearshore habitat on Near Island. It is our belief that a "win-win" solution can be developed to: 1) Preserve the integrity of residential community around Pearson Cove. 2) Provide alternatives to the proposed industrial dock construction on tidelands parcel P-19. 3) Enhance and protect the integrity of Pearson Park. 4) Provide "mitigation" for loss of intertidal habitat on Near Island. We would propose that tideland parcel P-19 be purchased from the current owners and be made a part of the Pearson Cove Park in exchange for our assistance in "mitigation". This would allow the owners the option to relocate on another piece of property that could more .easily be developed for their project. Pearson Cove is a similar shallow nearshore habitat to the area filled on Near Island and is located in near proximity. Pearson Cove is the closest shoreline to three schools and has been used for field trips for many years. The tide pools and associated intertidal organisms have instilled a sense of wonder to generations of Kodiak school children. The cove is frequented by many sea birds and marine mammals including, but not limited to, seven species of "federal concern": harlequin ducks, stellar's eiders, stellar sea lions, harbor seal, sea otters, and occasionally killer whales (who have been observed to kill and eat sea lions near by) . Bald eagles also perch on nearby trees and feed on gulls and ducks in and near the cove in the late winter when other food sources are not available. Pearson Cove is also used for sport and subsistence fishing and food harvest. Biologists in our neighborhood have observed both adult and juvenile king crab as well as other species of crustaceans in the cove. Before the fill was placed behind the sewer line nearly all species of crab larvae were observed within the giant tidal pond. We would propose to enhance the educational opportunities by: 1) Creating a marine education interpretive kiosk; laminated posters including: intertidal organisms, marine mammals, and marine'birds. 2) Improving the tide pools on the adjacent point. 3) Improving access to the beach. We would propose to enhance the habitat for king crab larvae and other species: 1) Create enhanced habitat for king crab (and other species) larvae settlement and rearing. 2) Enhance habitat for marine water fowl, and juvenile fish. This could be done with either biodegradable substrate such as weighted christmas trees or creating an artificial reef (not causing a navigational hazard) with-king crab pots filled with netting. Nylon netting attracts hydroids and other organisms which provide a highly desirable settling habitat for crab larvae and juveniles as well as other marine species. The pot frames would provide attachment for algae which in turn would provide habitat for juvenile fishes such as rock bass and greenling. The artificial reef could provide for additional feeding opportunities for many species of marine life potentially benefiting all federal species of concern which frequent the area to feed and rest. This is not a final proposal but a conceptual framework that would use available skills and fishing vessels of the residents of our community. It would provide a positive solution for all parties while recycling old fishing gear to create habitat enhancement for king crab and other species. This proposal will need to be refined further if it is accepted as a viable concept. We will look forward to further dialogue you and your staff. Sincerely: PDX kiGentai• Patrick Holmes Fishery Biologist Pearson Cove Park Enhancement Sub-committee Att: Photos of potential poster for interpretive kiosk and larval collector concept. MARINE INTERPRETIVE POSTER • mos sowore.m. =Mow* am ��WYrry∎w-� ...“0:011710. WM. 1.••• LARVAL CRAB COLLECTOR CONCEPT (Large scale application using crab pots with artificial substrate to create artificial reefs) -60i+rr■■■■•••rrlep iia!rtif�f�ara.�.+N s • f AP',4 . • +1 Md:(. ++" ?walio .a.s �7rri.GVE.+,r wah all7lialtingie,0,sr.:i ; ®a.e:r. *OM *14 eirar Qi..+ fwagawi; wow ® 6g.. MARINE HABITAT PRESERVATION INTERTIDAL BIVALVE F rC .e.ra...EEC• caac.a.sa.i Lrv.3 4tai 'iaSanBnsr2 fn • Ali C:.iA :57.541 2CERiEifvwtl acca.cssmci mraan yan i.En n . Dls+ahf asass..aaxai .abEi.iiK.1 =7Maai'JQiffdfi .'OMMF,RCTAT. FT.CTTTNI: TNTEWP1?iTivv • T • R r7- • 11 n (7 • s 7 /A MARINE LIFE CYCLE POSTERS t '---1.-'',..—""k.---..:`,—•••. .' ' — . • ' '1". :. ''..;:•7:::"..., =,...:,7,2f:":•.,,,:lii,t, •'.,•;::••:p.it,....r ...:±k..----e-m.... .. r,..-...............,...4..,......1.,.. „, ..,. .,....i.j....,.. . --9 " . ',:. • . . ,` ,:5..::,:i:...1,!..;........;...-.7.:.:.. .. ,,-......,...*: .. „..• 1-,(•:;••,•:-.„:„.-11.11.1•;..„7,7,,,,t1 pr„.4.,,-", t'...'-` 1----- • ...,::;:,::::,....1 .'-* . .. • .- -..r:----- • .'-'•`.::, .. • • :,i'.'•?'-'. , . • : 1 .1. ::'•:*;.tz'.-..7,,s.:- .-r • , • --.:7.,7-1, --.....,•., -..: ,• , , • .ta ' - ' •-•:, - i= „.-e.-1:- 7 r - , ,-. i• " ., -',...) - - - , .. , .1,..),.. • . • , , . sw.„ ,..f.• ••••.;,--7...-.)i,-..*---c--,•-•-•' .' • ,. ‘..!•;:"•:: - e-, =4.! :1 *, ,,i-,1.4,-4.1:4f.?:'1., 1..., „..4......., ..1*.,.,....N.1:-. -.,y„ • i *,*.,.„:,-;;Izi:py,p. -„i.,..?. -.;•-s• .„4,-..0-f .4,-.„:t..a. ..,- , ,„-* :. . t.r.:2.:.•.t•-•=, ,••••- --• ,,, ---. 0 :$"' " k., -;•.- 'r 4. ,-, ' z‘;•--,-•••••.;-- ,•;;*17.;73:*:-:;•fr.:•?.): VIA FAX 561-6134 FILE COPY Kodiak Island Borough Arlene Murphy Project Review Coordinator OMB - DGC Southcentral Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503-5930 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE 111110,1111.11111ft September 1, 1994 RE: Kodiak Harbor 70 - City Tideland Tract P-19 (Pearson Cove) SID AK9406-15AA Dear Ms. Murphy: The Kodiak Island Borough has had an opportunity to conduct a more through review of the project referenced above. The purpose of this letter is to provide you with comments about the project based on applicable policies contained in the Kodiak Island Borough Coastal Management Program (KIBCMP). Due to concerns expressed by neighbors about this project, these comments are more detailed than others the Borough has submitted for similar types of projects. It is important to note that the KIBCMP "relies on the utilization of existing federal, state and local government regulations and land use controls" for implementation. "This approach eliminates duplication of authority and minimizes the need for additional regulations and permits." As a result, this, and other, Borough consistency reviews take into account adopted Borough land use plans and land use regulations. In addition, the KIBCMP was never intended to supersede the Borough's land use regulations. For your information, the property in question is zoned I--Industrial under the Borough's land use regulations. The subject parcel has been zoned Industrial since at least September of 1968. The adjacent tideland property, on both sides of the subject property, is similarly zoned. The adopted comprehensive plan does not specifically identify a use for this area. In fact, a designation 3 111 s- Kodiak Island Borough Arlene Murphy September 2, 1994 Page Two is notable by its absence. In the Plan, the tideland property toward the center of town is identified as light industrial, while the uplands are identified for medium density residential development. The subject tidelands are not designated for public and open space use. The Plan text that discusses future industrial development implies that the area may be viewed as a light industrial reserve. The Plan states, "other possible areas for use by marine-oriented industries include the north side of the Near Island channel....several locations have been considered for light industrial uses....as previously stated, the area north of the Near Island Channel is well suited for many of these uses. It should be noted that Pearson Cove is identified as a potential park site in the Kodiak Island Borough Comprehensive Parks and Recreation Plan, The action plan contained in the Plan identifies six immediate projects, one of which is a "picnic area/boat launch - location to be determined." The potential sites are identified as including: Mill Bay, Pearson Cove, Gibson Cove. Since the adoption of the Plan, the Kodiak Island Borough has developed and maintains a picnic area and limited boat launch facility at Mill ,Bay. While the City of Kodiak, the entity which has jurisdiction for parks ' ...inside City limits, has developed plans for a recreational facility on City- ;owned land in Pearson Cove, the City has not yet requested that their ,--property be rezoned to a zoning district compatible with park designation and development. information above is provided for purposes of background; to supplement the consistency comments offered below. Rather than repeating the complete text of each applicable KIBCMP policy, I will refer to them here by title and page number, and follow with the Borough's consistency comment. - Compatibility (page 5-6) As noted previously, this property has been zoned for industrial use since, at least, 1968. While a park has been proposed for adjacent tidelands, this property is also zoned for industrial purposes. The development site is I n 'cc Kodiak Island Borough Arlene Murphy September 2, 1994 Page Three adjacent to a city right-of-way and one other parcel of private property zoned for residential purposes. The Industrial zoning district contains seven (7) performance standards that are intended to both buffer land uses that are adjacent to industrial land uses and to improve the compatibility between industrial land uses and other adjacent land uses. • While we believe that neighbors in the vicinity of the project do not believe that the proposed use is compatible with their residential use, this property and adjacent property has long been zoned for industrial purposes, to allow for possible future industrial expansion of the community, as needed and identified in the adopted comprehensive plan. The small scale of this project, relative to the size of the tideland tract, allows compatibility to be achieved to the "greatest extent feasible" within the parameters of what is allowed by Kodiak Island Borough land use regulations and the limitation imposed by this KIBCMP policy. Natural Features (page 5-7) This policy requires that the impact to natural features "shall be minimized" when constructing projects of the type contained in this application. This project is, for the most part, a pile"-supported development. This type of development (i.e. pile-supported) is generally considered to be the least disruptive to natural features. The fill that is proposed, as part of this project, meets two needs that result from requirements outside the control of the developers. These include a need to move any portion of the footings for the development out of a City of Kodiak sewer easement; and the need to have adequate upland area to meet the Kodiak Island Borough's parking requirements for development on the site. It appears that the developers have minimized the total amount of fill for the development to that which is necessary to meet the identified requirements. Natural Setting. Views and Access (page 5-7) The Kodiak Island Borough has recognized that it is usually not feasible and prudent to encourage public access to industrial developments due to liability Kodiak Island Borough Arlene Murphy September 2, 1994 Page Four considerations. While this development project will change the views from the hillside above the project, it will not block those views. Over the years viewshed ordinances have been discussed in the Kodiak community, but such regulations have never gone beyond the discussion stage. Dredge and Excavation Material (page 5-7) We believe that this project is consistent with 6 AAC 80.040 and that 6 AAC 80.110 is not relevant to this project. The project applicant has not proposed to use dredge spoil in the fill area of the project. Facility Design (page 5-7) To the extent of our expertise we believe that the project, as designed, is consistent with this policy. Many of the resources identified in this policy, for which adverse impact is to be minimized, are resources which we do not have the expertise to analyze. Therefore, we defer to those agencies which do have the expertise, including the Alaska Department of Fish and Game, the Alaska Department of Environmental Conservation, and the United States Coast Guard. Buffers (page 5-8) ,.-.,Please see our response to the Compatibility policy. .Accessory Development (page 5-8) The applicants have applied for permits to allow a project that is marine- oriented. Parking will have to be developed on the site to meet the Kodiak Island Borough's parking requirements. As you are aware the KIBCMP defines water-dependant and water-related uses broadly. The Industrial zoning district permits a variety of land uses that are marine related, either water-dependant or water-related. Kodiak Island Borough Arlene Murphy September 2, 1994 Page Five Transportation and Utility Routes 3 (page 5-13) Please see our response to the Natural Features, Facility Design and other related policies. Resource Enhancement and Protection 2 (page 5-17) Due to our lack of expertise, we defer to the Alaska Department of Fish and Game with regards to the consistency of the proposed project with regard to this policy. Resource Enhancement and Protection 3 (page 5-18) Please see our response to the Natural Features policy and other related policies. Based on our review of this project we recommend that this project be found consistent with the KIBCMP and the ACMP. If you have any questions about these comments, please contact me at 486-9360. Sincerely, • • Linda L. Freed, Director • Community Development Department c.c. Dan Ogg, Applicant Eric Blankenburg, Applicant Jerome Selby, Borough Mayor Kodiak Island Borough Assembly Kodiak Island Borough Planning and Zoning Commission Gary Bloomquist, City of Kodiak Pat Holmes, Pearson Cove/Mission Road Community Association Wayne Dolezal, ADF&G Tim Rumfelt, ADEC Bill Abadie, CORPS • . • H: \ACADR12\KOMINTIDE — wcQA c,1 rib 2 cCa'Li-4- Sep to a� �_ Y Arlene Murphy Project Review Co- ordinator OMB -DGC South Central Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503 -5930 Re: Kodiak Harbor 70 Dear Ms. Murphy, i August 22, 1994 �p AUG 2 31994 COMMUNITY DEVELO'� MiENT " DEPARTMENT On August 22, Dan and myself met with Linda Freed at the KIB Community Development Department concerning issues she raised in her letter to dated July 26, 1994. The following includes the clarification of the concerns she expressed and the policies she felt needed more fleshing out. We will start on page two of her letter and sequentially address her concerns beginning with 5.3.1 general Policies Land and Water Activity The subject parcel is zoned industrial. The land to the left and right is zoned Industrial. The adjacent property to the north is zoned residential. Kodiak Island Borough Code only requires screening between Industrial and residential parcels. Further, the code states that at a minimum, a 4 foot fence be placed along the property line if parking is used along the border with residential. We intend to use the upland to fulfill the KIB parking requirement. As such, our proposed development will be compatable with the adjacent residential lot. 5.3.2 Specific Use Policies .2 Natural Features We have minimized our fill as much as possible, filling only to eliminate easement restrictions. The majority of our project is supported by pilings. Piling construction is the lowest impact alternative.. In addition, the fill assists in fulfilling KIB parking requirements. ..3 Natural Setting, Views and Access • First, our project is limited development, of the property, thus minimizing the potential impact of the property. Second, the properties to the left and the right are in public ownership. This project does not impede access to those public lands. Third, Industrial- Commercial use will open our private access to the commercial user of our facilities, in essence increasing the legal access to the waterfront, instead of decreasing it. Fourth, the height of our project is no higher than the houses in the neighborhood. The size of the proposed buildings is small in relation to those houses. Blocking of scenic views is thereby minimized. .4 Dredge and Excavation First we contemplate no dredging, so 6 AAC 80.110 ( Mining and Mineral Processing) is not applicable. As we are filling a minimal portion of the property, 6'AAC 80.040 Coastal Development is relevant. The property is zoned industrial by the KIB code. The KIB code permits marine related activities in the Industrial zone. Our project contemplates marine related activities. As such we meet the requirements of 6 AAC 80.040(a) (1) and (2). As to meeting the requirements of section (b), we feel the Army Corps Permit process will provide the answers to the issues addressed there. .5 Facility Design We feel that a pile supported project such as ours prevents adverse impacts and minimizes interruption of water circulation. We have requested a permit to fill as little,as possible in order to impact marine environment minimally. The reason we are filling is to reach the end of the sewer easement, as the City of Kodiak will not allow us to construct footings or buildings or pilings in the sewer easement. We do not feel the project poses a hazzard to navigation. One, because the depth of water on the property is only 12 feet at low tide, and two, because the ship channel is quite a ways beyond the end of the property. In addition, the navigation issue has been refered to the U.S. Coast Guard for comment. .6 Buffer Zones • Our response to this issue is similar to our response to 5.3.1. above. Again, the property adajacent on each side, east and west, is zoned Industrial. The KIB code addresses buffer zone compatability with the adjacent residential property to the north by allowing parking with a minimun 4 foot high fence along the common boundary to meet their buffer requirement. .7 Accessory Development Our development is marine related and not an accessory use to the property: KIB code states what is a marine related use. The parking use of our upland is required by the KIB code for marine industrial development. Transportation and Utility Route (3) Please refer to section 5.3.3 and 5.3.5 above. Our project is designed in a manner to minimize alteration of water courses. The navigation issue, if any, has been refered to the U. S. Coast Guard. Resource Enhancement and Protection (2) Habitat At our meeting ofAugust 22, 1994, Linda Freed stated that the KIB has defered this issue to the Alaska Department of Fish and Game. Linda Freed felt that lands described in 6 AAC 80.130(a) did not pertain to our property. Ms. Freed felt that our piling structure and the minimum fill associated with the project minimized any impact to the habitat. • (3) Siting and Design Please refer to section 5.3.3 above. We believe these responses adequately address the issues raised by KIB through Ms. Freed as relates to the Kodiak Island Borough Coastal Management Plan and that our project is consistent with the Plan. ******************************* I - In addition, Linda Freed drew to your Attention some local issues which may be raised but are not part of consistency requirements of the KIB Coastal Management Plan. Although these are local. issues for local governing bodies, we are happy to inform you of our discussions with Linda Freed concerning these issues. 1 Zoning Although it appears form the KIB zoning maps that a small portion of our property is not zoned Industrial, Linda Freed stated that" Based on the review I've done so far, it appears the improvements they are requesting through the Corp's Permit are all included in the area that is zoned industrial. So for the current development plan, it doesn't apppear to be a problem." Kodiak Daily Mirror , July 28, 1994, pages 1 and 3. 2 Parking In discussions with Linda Freed , August 22, 1994, she stated that based on the.size of our project and the buildings, the use with the most required parking spaces will require 15 parking spaces. Those fifteen spaces will need 6,000 square feet or and area 42 feet by.135 feet. If the project is approved by the Corps as presently proposed, there will be adequate upland to take care of the KIB parking requirement. 3 Toe of Fill in Slope We do not believe this is an issue. We plan on stacking the big rocks in a vertical wall along the east property line. However, based upon this concern, we are discussing moving the east pier 10 feet to the west and 15 feet to the south. Such a modification is up to the Corp of Engineers for approval. 4 Platted Access Linda Freed stated that the KIB attorney said that there is not a basis for denying access to the tract for purpose of issuing a Zoning compliance permit." The project property and at least 11 nearby residential lots (most all built on) use the existing road connecting Father Herman Street to Father Herman Street. This is the ONLY road access to these parcels. This road access through the park apparently existed and was used by these parcels before the city acquired title to the park. The city and adjacent property owners have used this "narrow" road to haul tens of thousands of yards of fill to fill their property on the land adjacent to parcel P-19. Heavy equiptment such as 10 yard dump trucks, graders, bulldozers and bulldozer trailers have plied this road often and regularly without mishap. The road is wider and less steep than the road which connects Mission Road and Tagura Road , one of the busiest industrail areas of the city, serving at least three major fish processing plants, a boat yard and the local electric utility. In any event, the city manager stated in his letter of July 1, 1994, that the right of way to the project is 25 feet in width. Our opinion is that access road is adequate for the size of our project. In fact, if there is a safety concern, the City of Kodiak could widen the road to the 25 foot width. 5 Negative Impact on City Sewer (see City of Kodia. k letter July 1., item 2) It is our belief that the west end concrete footings are outside the sewer easement. It may have been the scale of the drawings which mislead the city. However, we are asking the Corp to modify the westerly pier by moving it 3 to 5 feet to the south. This should allay the concerns of the City of Kodiak. If we are right as we'believe we are, it will allow us to use less fill.. I hope that this response will assist you in your determination. Should there be any modification of the Corp permit, we will advise you. cc Linda Freed KIB Bill Abadie COE ‘114DO) BCF: Project Coordinator, Division of Governmental Coordination, 601 C Street, Suite 370, Anchorage, Alaska 99503-2798 141;4/Cinda Freed, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615-6340 Mr. Gary Bloomquist, City of Kodiak, Post Office Box 1397, Kodiak, Alaska 99615 Mr. Dan Ogg, Post Office Box 2754, Kodiak, Alaska 99615 Mr. Eric Blankenburg, Post Office Box 707, Kodiak, Alaska 9961.5 4'4= E:.‘ 2-2( C 6t) -ti=3 cs=ia> (_ / 22.) / 2_51 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506 -0898 Regulatory Branch Project Evaluation Section - South 2- 940387 Ms. Marya Nault Post Office Box 922 Kodiak, Alaska 99615 Dear Ms. Nault: AUG 15 igg4 • This letter concerns the application by Mr. Eric Blankenburg for a Department of the Army permit file number 2- 940387, Kodiak Harbor 70, to construct two piers and a breakwater in Pearson Cove. Your letters and petition on behalf of the Pearson Cove /Mission Road Community Association objecting to the proposal have been placed in the official file and will be given serious consideration in our evaluation of the application. With regard to the petitions requesting an extension of time to comment on the referenced activity and to hold a public hearing, your requests are denied. The concerns raised by you and others have been brought to my attention and have been included in the public record of this case. As stated in our regulations (33 CFR 327), a public hearing is to be held "...for the purpose of acquiring information or evidence..." to aid in the evaluation of a Department of the Army permit application. I believe the record contains adequate information regarding your concerns. Therefore, I have determined that a public hearing and an extension of the comment period are not necessary in connection with this application. Three main issues have surfaced during the public interest review - zoning, access, and navigation. The zoning and access concerns are local issues that need to be resolved at the city and /or borough level. The primary responsibility for determining zoning and land use matters rests with state and local governments, and not with the federal government. Normally, the Corps of Engineers will accept decisions by such governments on these matters unless there are significant issues of overriding national importance. With regard to the navigation concerns, we are looking into the issues in conjunction with the U.S. Coast Guard and the Port of Kodiak. , AUG 2 21994 GOMtfUNITY DE'V'ELOPMENT DEPARTMENT -2- 1 would like to inform you that prior to making a final decision on whether to issue a Department of the Army permit, Mr. Bill Abadie of my Regulatory Branch will conduct a site visit. He is willing to meet with you to discuss your concerns. Tentatively, the site visit is scheduled for the week of August 22nd. He will contact you to set up a meeting time when travel arrangements have become finalized. Please do not hesitate to contact Mr. Bill Abadie at (907) 753-2724, toll free in Alaska at (800) 478-2712, or write to the above address, if we can be of further assistance. Your interest in this matter is appreciated. Sincerely, Peter A. Topp Colonel, Corps of Engineers District Engineer ALTER J. H1CKEL, GOVERNOR- OFFiCE OF TICE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 "C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 01-A35LH August 4, 1994 Marya Nault Colleen Caulfield Pearson Cove/Mission Road Community Association Box 922 Kodiak, AK 99615 0 CENTRAL OFRCE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-35671FAX: (907) 465-3075 Dear Ms. Nault and Ms, Caulfield: SUBJECT: Kodiak Harbor 70, Public Hearing Request AUG - 9 1994 n COMMUNITY DEVELOPMENT DEPARTMENT PIPELINE COORDINATOR'S OFFICE 411 WEST 4Th AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 Due to an oversight on our part there has been a delay in responding to your letter dated July 8, 1994. In your July 8th letter you stated you have requested the U.S. Army Corps of Engineers to hold a public hearing. You also asked if the Alaska Coastal Management Program provided for a public hearing process and if so, you requested one be held by the Division of Governmental Coordination. I understand that Ms. Freed provided you with a copy of the Kodiak Island Borough Coastal Management Plan (CMP) and coastal zone information. The Alaska Coastal Management Program (ACMP) regulations, 6 AAC 50.100 (b), allow for a public hearing if the request is based on concerns not already adequately addressed in the (ACMP consistency) review. The concerns you cited that relate to the ACMP are being considered by the reviewing agencies for consistency with the standards of the ACMP, including the enforceable policies of the Kodiak CMP. Standards of review as per 6 AAC 80 are attached. Ms. Freed copied you-with her July 26th letter that went into more detail regarding specific Kodiak CMP policies. Your concerns regarding the sewerline, biological affects on species, compatibility, aesthetic values and navigational hazard are considered by the resource agencies and the coastal district during the course of the consistency review. The issue of access is a local zoning issue and does not fall in the realm of the ACMP. The concerns you expressed in your letter that relate to the Alaska Coastal Management Program are being adequately addressed during the course of the review. Therefore, the Division of Governmental Coordination has determined a public hearing is not necessary. Printed on recycled paper b y C.D. Kodiak Harbor 70 -AC- August 4, 1994 AK9406-15AA Public Hearing For those issues not covered under the ACMP consistency review I recommend you continue to keep in touch with your local government for appropriate action. Thank you for your participation in the ACMP process. Sincerely, Arlene Murphy - Project- Review_Coordinator _ Enclosure - cc: Bill Abadie, COE Larry Bullis, DNR Tim Smith, DNR, SHPO Tim Rumfelt, DEC Wayne Dolezal, DFG Linda Freed, KIB CRSA Rri urj A OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIOM. OFFICE 3601 "C* STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561-6131/FAX: (907) 561-6134 August 4, 1994 Eric Blankenburg Box 707 Kodiak, AK 99615 Dear Mr. Blankenburg: 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3562/FAX: (907) 465-3075 RE: REVIEW STOP Kodiak Harbor 70 AK ID No. AK9406-15AA WALTER J. HICKEL, GOVERNOR AUG - 9 1994 COMMUNITY DEVELOPMENT DEPARTMENT 0-PIPELINEZOORDINATOR'S-OFFIC • 411 WEST 4Th AVENUE, SURE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 The Division of Governmental Coordination (DGC) is currently coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP). During our phone conversation today you requested the review clock be stopped to give time to address issues regarding your proposed project. This letter is to let you know I have officially granted the request to temporarily stop the consistency review. When you notify me those issues have been resolved I will re-start the review. Tim Rumfelt notified me that the request for additional information requested by the Department of Environmental Conservation has been met. With today's request to stop the clock I will keep the review schedule restart at Day 17. Please let me know if you have any questions. Sincerely, Arlene Murphy Project Review Coordinator cc: Bill Abadie, COE Larry Bullis, DNR Wayne Dolezal, DFG Dan Ogg, agent a:admproj\kodhar70.stp 01-A35LH Tim Rumfelt, DEC Tim Smith, DNR, SHPO Linda Freed, KIB CRSA .=.r,(.:‘,,,c;:ed paper C.D. August 8, 1994 Eric Blankenburg Box 707 Kodiak, Alaska 99615 RE: Kodiak Harbor 70, City Tidelands Tract P-19, Pearson Cove SID AK9406-15AA Dear Eric: The purpose of this letter is to confirm our telephone conversation of last week. In that conversation I requested that you provide me with additional information, so that I can complete a coastal consistency review for your project, referenced above. You agreed to postpone the time frame on the State's coastal consistency review, so that the additional information can be considered as part of the review. I requested that you provide the following information: 1. The gross square footage and the specific use of each of the proposed buildings. Having this information will allow me to make a determination of the parking requirements for the proposed development. 2. Your response as to how your project achieves consistency with each of the applicable and relevant coastal policies identified in my letter to Arlene Murphy dated July 26, 1994. This information will help me assess the proposed project's consistency with the Kodiak Island Borough Coastal Management Program (KIBCMP). For you infoimation I have attached copies of both the Industrial Zoning District regulations and the parking regulations contained in Title 17 of the Kodiak Island Borough Code. If you have any questions about these regulations, please feel free to call me. Page 1 of 2 In addition, I have directed the drafting technician to overlay the boundary and project information we have collected to date. This includes the boundaries of tideland tract 19, as established on Plat 62-23; the metes and bounds description of tideland tract P-19, as contained in the deed from the City of Kodiak to Mr. Pearson; and a scale drawing of your proposed development as described in the application pending with the Corps of Engineers. I am also curious if you are interested in continuing to explore the possible purchase of this land with money available from the State of Alaska's Exxon Valdez oil spill criminal settlement. If you have any interest in the possible sale of this property, please let me know as soon as possible so that I can include the purchase in the grant applications I will be completing and submitting. If you have any questions about the review process, I would be happy to try and answer them. Thank you for your cooperation in agreeing to provide the additional information requested. Sincerely, Linda L. Freed, Director Community Development Department c.c. Kodiak Island Borough Mayor and Assembly Arlene Murphy, OMB-DGC Gary Bloomquist, Manager, City of Kodiak Bill Abadie, Corps of Engineers Pearson Cove/Mission Road Community Association Page 2 of 2 abDIAK ISLAND BOROUGH • Telephones 486-5736 - 486-5737 Box 1246 KODIAK, ALASKA 99615 . July 5, 1979 Mr. Clair Harmoney City Manager City of Kodiak P.O. Box 1397 Kodiak, Alaska 99615 RE: Zoning Statis of City of Tidelands Tract N-40 (Gibson Cove.) Dear Mr. Harmony: The Kodiak Island Borough Official Zoning Map indicates that only a portion of the lands you discribed as City of Kodiak Tidelands Tract N-40 is zoned for Industrial development. In 1977 the Borough Assembly re-zoned all lands within the Borough not otherwise classified on the official zoning maps as conservation. Thus the Tidelands not indicated as being Industrialy zoned are zoned Conservation. In order to determine precisely how large the Tidelands •Tract is and how it is zoned it will be necessary to review a boundry plat of the Tract. It would appear that a logical sequence of events surrounding the ultimate development of the tract would be to 1) Define the Boundry and 2) To rezone the Tract consistant with the other City Tideland Tracts. Once the Tract is covered in it is entirely with a single land use classification. The City could then proceed with disposal action. In this way potential users, adjoining property owners and the City would know what types of uses could be made of the Tract. I hope this information is of assistance to you. If I can be of further assistance in this matter please advise. Sincerely, 0-3 Ha fry Milligan Planning Direc SENT BY:ANCHORAGE i 8- 3-84 ; b;10M To: L. FAX Number; Number of Pages Sent; (Nut including transmittal thee PROJECT: COMMENTS: VU1001Gi04'' nvuinn £vL WVI VV ii++r Telecopier Transmittal Sheet Quire of the Governor Cyice of Management and Budget Divisions of Governmental Coorilinut on 3601 "C' Strad, Suite 370 Anchorage, AID 995035930 FAX Number: (907) 561 -6134 Phone Number: (907) 561 -6131 FRO Office of the Govern Office of Management and Budget Division of Governmental Coordination DATE: etts L 4_ • . P%-A t., --c VME --i USN OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 C STREET, SUITE 370 ANCHORAGE, ALASKA 99603-5930 PH: (907) 561-6131/FAX: (907) 561-6134 Dan Ogg P.O. Box 2754 Kodiak, AK 99615 Dear Mr. Ogg: 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0300 PH: (907) 465-3567JFAX: (907) 465-3075 RE: REVIEW STOP Kodiak Harbor 70 AK ID No. AK9406-15AA LJUI \q AUG - 1 Ng COMMUNITY DEVELOPMENT DEPARTMENT • WALTER J. NICKEL, GOVERNOR 0 PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-8594/FAX: (907) 272-0690 July 27, 1994 The Division of Governmental Coordination (DGC) is currently coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP). I received a letter from Tim Rumfelt, Department of Environmental Conservation requesting additional information about minimizing siltation in marine waters (see attached). This letter is to let you know I have officially granted the request to temporarily stop the consistency review. When Mr. Rumfelt informs me his request has been satisfied I will re-start the review schedule at Day 17. Other concerns have been addressed during the course of the review including the need for further detail of marine related activities mentioned in your project description. Please. contact Wayne Dolezal, Department of Fish and Game at 267-2284 to provide more information. Also, I understand a public hearing coordinated by the U.S. Army Corps of Engineers has been requested. Please keep me informed of any modifications to the project description which may result from your contacts with the reviewing agencies or other interested parties. Please let me know if you have any questions. Sincerely, Arlene Murphy Project Review Coordinator cc: Bill Abadie, COE Larry Bullis, DNR Linda Freed, KIB CRSA a:admproj\kodiak70.stp 01-A35LH Tim Rumfelt, DEC Don McKay, DFG Tim Smith, SHPO, DNR on recycled paper 0 v C.D. MEMORANDUM DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREA Office of History and Archaeology TO: Arlene Murphy DGC Anchorage rg 11 \& 'STATE OF ALASKA --'• AUG - 3 1994 COMMUNITY DEVELOPMENT DEPARTMENT DATE: July 29, 1994 FILE NO: 3130-1R COE TELEPHONE NO.: 762-2622 FROM: Judith E. Bittner SUBJECT: Kodiak Harbor 70 State Historic Preservation AK9406-15AA Officer The proposed project appears to be consistent with Kodiak Island Borough Coastal Management Program standards for the protection and management of significant archaeological and historic cultural resources. Please contact Michele Jesperson at 762-2631 if you have any questions or if we can be of further assistance. JEB:mmj:clk cc: Linda Freed, Kodiak Island Borough After discussio;' it was the consensus no" so initiate any more discussion with ...a city on the moratorium to keep open to what was best for the community. PACKET REVIEW Steve Hobgood presented the 95% drawings of the Northstar Elementary School. CLERK COMMENTS SWAMC meetings were scheduled September 15, 16, 17, 1994. The regular meeting of September 15 was rescheduled to September 22. ASSEMBLYMEMBER COMMENTS Mayor Selby was asked to define the $14,000 in fees collected from the airplane owners. It was noted the minutes of the Airport Advisory Committee were in the agenda packets. Assemblymember Gould noted he would be on vacation August 17 - 22 and would leave the October 20 meeting early to catch a 10:30 p.m. plane. Presiding Officer McFarland requested a memo from the school board for their opinion on not being able to use some PES facilities when school starts. Assemblymember Burt asked for ADA requirements and compliance for students in non -owned borough buildings. Mayor Selby responded to Assemblymember Austerman request for a report on the Pearson Cove controversy. The meeting adjourned at 9:51 p.m. Aesembl Work Session Page 3 July ] , 1994 __.l to New Orleans, Louisiana to get Officer for the Fifth Coast See Abiles, Page 3 w�^ -will miswrtvtrta-VtT{TG1 -p1rAII: 7w : taljaZ.t- -L2u- dra—oup- port Center Kodiak. Residents oppose Pearson Cove boatyard, dock By JOHN PFEIFER Mirror Writer A proposal to build a new dock and marine storage yard in Pearson Cove has neighborhood property owners up-at -arms. Sixty-or-more of them recently signed a petition asking the U.S. Army Corps of Engineers to ex -_ ,tend its public comment period on 'the project. The residents also submitted pe- , titions to the City of Kodiak ask- ing it to buy the land from the pri- vate developers — Dan Ogg and Eric Blankenburg — and to make it, and all the surrounding city prop- erty, part of Pearson Cove Park. "We believe that anyl'ndn trial development at Pearson Cove would be incompatible with the adjacent city parks and residential neighborhoods," Marya Nault told the Kodiak City Council at last meeting, July 14. Nault said she and her neigh- bors' concerns focus on `legal ac- cess to the property; increased traf- fic — especially on Father Heiman Street — crossing a sewer line built on unconsolidated fill, pos- sible hazards to navigation, changes in habitat on the adjacent beach, interference with traditional uses of the area and community aesthetic values." Nault said the only access to the property is down Father Herman Street, a narrow tree -lined lane that John Pfeifer photo Residents near Pearson Cove don't want a new dock and marine storage facility to be built In their neighborhood. The proposed development would be located at the north end of the cove, opposite Fuller's Boat Yard. passes by several homes and a city park. "The park at Spruce Street and Father Herman is well used. We anticipate that the new city park at Pearson Cove will also be a popular spot for neighborhood children to gather," Nault said. "Father Herman is barely able ID accommodate the present ve- hicular traffic, let. alone the huge increase that a construction project of this magnitude will bring," Nault said. Both Ogg and Blankenburg are out of town and could not be reached for comment. Drawings submitted to the Corps of Engineers show they plan to build two 50-by-30-foot piers, each with a 24 -foot high building. The two piers will also have ramps leading down to 12 -by -20 -foot floats, at water level. Included. in the plans is an op- tional 120- foot -long floating breakwater. Before Ogg and Blankenburg can build the project; they must obtain a permit from the Corps of Engineers. Public comment period on the permit closed July 8, said Corps' spokeswoman Pat. Richardson. "We received letters from the U.S. Environmental Protection Agency (EPA), the National Ma- rine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS), and none of those agen- cies objected," Richardson said. "The concerns raised by local residents are basically related to access and zoning. Those are both local issues," Richardson said. "Even though we consider those things, it's really the local govern- ment that needs to solve those problems," she said. Richardson _said no decision has been made about the residents' re- quest to extend the public com- ment period and hold a public hearing in the fall. "Our next step is to write a let- ter to the applicants and ask for _ their response," Richardson said. Petitions submitted to the city council ask it to rezone the adja- cent city property from Industrial (I) to Natural Use.(NU). They also ask the city to buy the property so it, too, can be re- zoned to. Natural Use (NU) and incorporated into Pearson Cove Park. Officials in the - Kodiak Island Borough's Community Develop- ment Department is also looking into the project. Director Linda Freed said her department are investigating cer- tain discrepancies with the property's zoning. The original plat for the prop- erty — and therefore its zoning — don't agree with the descrip- tion on the deed, Freed said. As a result, only a portion of the lot is zoned Industrial (I). "Based on the review I've done so far, it appears the improvements they are requesting through the See Cove; Page 3 r-6 VIA FAX 561-6134 FILE COPY Kodiak Island Borough Arlene Murphy Project Review Coordinator OMB - DGC Southcentral Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503-5930 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 11111111.1111.6111.mall July 26, 1994 RE: Kodiak Harbor 70 - City Tideland Tract P-19 (Pearson Cove) SID AK9406-15AA Dear Ms. Murphy The Kodiak Island Borough has had an opportunity to review the project referenced above. You are aware from our phone conversations and from correspondence by local residents that this project has generated a great deal of public concern. Since this project was sent out for public notice the Kodiak Island Borough has had on-going conversations with residents in the vicinity of the project, as well as with some of the project review agencies. Staff research has highlighted a number of unanswered questions about this project. As a result, the Kodiak Island Borough is not prepared, at this time, to make a consistency recommendation for the project. As is common, we intend for these comments to also serve as public interest comments for the Corps of Engineers public review process. This letter also provides us with an opportunity to inform the project applicants about concerns, related to the proposed project, that have been raised during the review process. Another reason we are not prepared to provide a recommendation, on whether or not this project is consistent with the KIBC5p, is our knowledge of the strong public support for a Corps of Engineers public hearing on this project. We, too, urge the Corps of Engineers to hold a public hearing on the project. We believe that a public hearing, held in mid- to late September will accomplish a number of goals. First, it will allow continued research into some of the unanswered questions surrounding this project. Second, it provide an opportunity for the project applicants to answer questions that have been raised by the public about the project. Last, it will allow the community and the applicants to discuss alternatives to the current development plan which is-objectionable to a significant number of local residents. These alternatives include; purchase of the property with State appropriated Exxon criminal settlement funds, and purchase of the property as mitigation for the St. Herman Harbor breakwater project. While we are not submitting a formal consistency recommendation at this time, we do believe that the following Kodiak Island Borough Coastal Management Program (KIBCMP) policies are applicable and relevant to this project. It is these policies that we intend to use to review the project, after a public hearing is held. 5.3.1 General Policies Land and Water Activities 3. Compatibility Activities on and uses of coastal lands shall be compatible with adjacent land to the greatest extent feasible. 5.3.2 Specific Use Policies Industrial Development 2. Natural Features Dredge and fill, excavation, shoreline alteration, and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. 3. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. 4. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating useable waterfront land. 5. Facility Design Developments in or over the water, such as piers, docks, and protective structures shall be located, designed, and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife, and vegetative resources, and minimizes interruption of water circulation patterns, coastal processes and navigation. • 6. Buffer Zones Buffer zones shall be establishes to the extent feasible and prudent, between industrial areas and major public transportation routes and between industrial development and adjacent, non-industrial properties in order to minimize conflicts between land uses. 7. Accessory Development Accessory development that does not require a shoreline location in order to carry .out its support function shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage treatment or storm runoff control facilities and utilities. Transportation and Utility Routes 3. Facility Design, Construction, and Maintenance Highway, airport, ports and utility design, construction and maintenance shall minimize alteration to water courses, wetlands, and intertidal marshes and visual degradation. Resource Enhancement and Protection 2. Habitat Protection Management of sensitive areas such as estuaries, wetlands, tideflats, beaches, rivers, streams, lake systems and high energy coasts shall be done in accordance with ACMP Standard 6 AAC 80.130 (Habitats). Federal and State regulations shall guide development in 'anadromous fish streams, in the vicinity of bald eagle nests, and other coastal habitat areas. 3. Siting and Design Development shall be designed, located and built to preserve to the extent feasible and present natural features. For your information the following issues have been identified as those still needing resolution as part of the project review process. 1. Based on the records of the Kodiak Island Borough only a portion of tideland tract P -19 is zoned for industrial use. This discrepancy needs further research. 2. While not required for the Corps of Engineers permit application, a circulation and parking plan for the proposed project would allow the Borough to review the project to determine if the requested fill. will allow parking and circulation to be developed on -site that will meet the Borough's parking code. There is not enough information included in the application to allow this determination to be made. 3. The current plan does not indicate the toe of the fill slope. As drawn, it appears that the fill will likely not be contained within the boundaries of the tideland tract. 4. The only platted access to tideland tract P -19 is Father Herman Street, which has no platted connection to the rest of the Kodiak road system. Of more concern, the historical access to this property is by a narrow, unimproved, unplatted street through a City park. 5. The City of Kodiak has expressed concern about the negative impact of this project on the City sewer main located in a sewer easement which crosses a portion of the property, and on the proposed City park adjacent to the property. Items 4 and 5 above are addressed in a letter from the City of Kodiak which is attached for your reference. 4 In closing, we believe that the Corps of Engineers should hold a hearing on this project application, preferably in mid- to late September in Kodiak. Such a public hearing will be to the applicants, review agencies and the public's benefit. If you have any questions about these comments, please feel free to call me at 486-9360. Sincerely, Linda L. Freed, Director Community Development Department c.c. Dan Ogg, Agent Eric Blankenburg, Applicant Kodiak Island Borough Mayor and Assembly Kodiak Island Planning and Zoning Commission Joel Bolger, Borough Attorney Gary Bloomquist, City Manager, City of Kodiak Matt Holmstrom, City Engineer, City of Kodiak Wayne Dolezal, ADFG Tim Rumfelt, ADEC Rick Thompson, ADNR Bill Abadie, Corps of Engineers Jim Broiles, Corps of Engineers Col. Peter A. Topp, District Engineer, Alaska District, Phil North, EPA Heather Dean, USFWS Marya Nault, Pearson Cove/Mission Road Community Association Colleen Caulfield, Pearson Cove/Mission Road Community Assoc Pat Holmes, Citizen 5 CITY MANAGER POST OFFICE DOA 1397.10DIAK, ALASKA 99615 July 1, 1994 Linda Freed, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 RE: COE PUBLIC NOTICE REFERENCE NO. 2- 940387 Dear Linda: TELEPHONE (907) 486 -8640 FAA (907) 486-8600 We wish to express our concerns regarding the proposed development described in the subject public notice. 1. Increased traffic — Although it is unclear what the exact nature of the proposed development will be, the existing gravel road does not have the capacity to accommodate a significant increase of traffic. The gravel road runs through a residential neighborhood and the City's Spruce Street Park. The right —of —way is 25 feet wide. This, in conjunction with steep terrain and close proximity to the park, results in a travelled way too narrow for safe two —way traffic. 2. Proximity to sewer main line — An existing 30 —inch diameter sewer line draining the downtown area is located on Tract P19 (see attached sketch). The section view shown on application sheet 2 of 4 appears to detail a concrete footing where the pier decking meets the land. This would not be permitted within the sewer easement at the westerly pier. The reason for this is that in the event repairs or improvements were needed on the line in this area, the foundation would be undermined. An alternate foundation plan will be required at this location. 3. Proximity to Pearson Cove Park — The City is currently improving the land immediately adjacent to Tract P19 as a park. We would request that the development be consistent with a park. We appreciate the opportunity to comment. Should you have any questions, please contact me at 486 -8640 or City Engineer Matt Holmstrom at 486 -8065. Sincerely, CITY •� ODIAK Gary Bloo quist City Manager ,50000 m4% , x 0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY % %. REGION I 0 47, • 44 PRolS6 Alaska Operations Office Room 537, Federal Building 222 W. 71h Avenue, #19 Anchorage, Alaska 99513-7588 July 15, 1994 REPLY TO ATTN OF: AO0/A Mr. Robert K. Oja, Chief Regulatory Branch (1145b) Alaska District, Corps of Engineers P.O. Box 898 Anchorage, Alaska 99506-0898 Dear Mr. Oja: RECEIVED ,11.11. 1 8 1994 REGULAIUKY PutNICTIONS E1ZA4CH Alaska District, Corps of Engineers • - We have reviewed the following 15-day letter and public_ notice and have no objection to permits being issued for these projects: Waterway Number Big Lake 56 Kodiak Harbor 70 , . Reference COE Number Contact 1-940626 Keller 2-940387 Abadie We appreciate the opportunity to comment. cc: ADEC, Anchorage-: ADFG, Anchorage ADGC, Anchorage NMFS, Anchorage-7 USFWS, Anchorage- Sincerel Heather E. Dean Environmental Protection Specialist ()Printed on Recycle.; 1.7- , - ..... -mss.. yo fir e".. c,.... . -+a - - $__C , mac! o.. -ofiY^ - .... Shy l"-.o - 4)'-1- + L ! Lt-- .-- -i- y t t Ls -,f1 J �. , . cr IfX:**.ti,, -- .. — L.- c_m., -. -:,t,A yam tcz: _ . L__ : Co mac.- .�r -- c 4ed _47 cs\..-.._ — el art o.�v --� c�csR -sue . c v`J Co rt-o.� la-t4 , C.- • C . i. c±. �x ►�..s -�� a 3� cam, ak4" �-► CITY MFINGER POST OFFICE BOX 1397, KODIAK, ALASKA 99615 July 1, 1994 Linda Freed, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 RE: COE PUBLIC NO TIE ICE REFERENCE NO. 2-940387 Dear Linda: TELEPHONE (907)-486-8640 - fi1 (907) 486-8600 We wish to express our concerns regarding the proposed- development described in the subject public notice. 1. Increased traffic Although it is unclear what the exact nature of the proposed development will be, the existing gravel road does not have the capacity to accommodate a significint increase of traffic. The gravel road runs through a residential neighborhood and the City's Spruce Street Park. The right–of–way is 25 feet wide. This, in conjunction with steep terrain and close proximity to the park, results in a travelled way too narrow for safe two–way traffic. 2. Proximity to sewer main line — An existing 30–inch diameter sewer line draining the downtown area is located on Tract P19 (see attached sketch). The section view shown on application .sheet 2 of 4 appears to detail a concrete footing where the pier decking meets the land. This would not be permitted within the sewer easement at the westerly pier. The reason for this is that in the event repairs or improvements were needed on the line in this area, the foundation would be undermined. An alternate foundation plan will be required at this location. 3. Proximity to Pearson Cove Park — The City is currently improving the land immediately adjacent to Tract P19 as a park. We would request that the development be consistent with a park. _ _ We appreciate the opportunity to comment. Should you have any questions, please contact me at 486-8640 or City Engineer Matt Holmstrom at 486-8065. Sincerely, CITY 0 ODIAK Gary Bloo quist City Manager 4SSiva., OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 'C" STREET, SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561- 6131/FAX: (907) 561 -6134 01 -A35LH June 22, 1994 Dan Ogg P.O. Box 2754 Kodiak, AK 99615 Dear Mr. Ogg: ❑ CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811 -0300 PH: (907) 465- 3562/FAX: (907) 465 -3075 WALTER J. HICKEL, GOVERNOR ❑ PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 -2343 PH: (907)-278-8594/FAX: (907) 272 -0690 s d N JUN 2 71994 COMMt)MT',' [EV'ELOPMENT DEPARTMENT SUBJECT: START OF REVIEW Kodiak Harbor 70 Alaska State I.D. No. AK9406 -15AA The Division of Governmental Coordination (DGC) has received the coastal project questionnaire, applications, and supporting information you submitted for your project's consistency review. Included in the packet was your consistency certification submitted for our concurrence under Section 307(c)(3)(A) of the Federal Coastal Zone Management Act as per 15 CFR 930, Subpart D. The er ^losed project information sheet includes a State I.D. Number AK9406 -15AA. Please use this number in any future reference to the project. The project is to remove approximately 118 cubic yards (cy) of existing armor rock from approximately 100 linear feet of bank; to discharge approximately 400 cy of material in approximately 0.04 acres along the face of the altered bank, and to discharge the 118 cy of armor rock that would be removed, along the face of the newly placed fill. Work would also include the construction /installation of two 50' X 30' piers, two 6' X 25 foot ramps, two 12' by 30' floats, and a 120' X 10' X 6' floating breakwater. The breakwater would consist of six segments, each 20' long, and be anchored with twelve 2,000 to 4,000 -pound anchors. The timbers and piles used would be pressure treated wood. A building approximately 24' X 30' and 24' high would be constructed on each pier. The purpose of the project is to provide access and facilities, including caretaker housing, for marine related activities and storage. The project is located at T. 27 S., R. 19 W., Section 32, Seward Meridian, Pearson Cove, Kodiak, Alaska. Also included in the information packet is correspondence regarding a sanitary easement that exists along the existing shoreline. The sewer was installed by the City of Kodiak in the early to mid -70's. Fill material is proposed to be discharged along the bank as o posed to constructing pile supported structures in order to comply with easement restrictions. paper Kodiak Harbor 70 2 June 22, 1994 AK9406 -15AA Start up Appropriate materials have been distributed to participants in the Alaska Coastal Management Program for their review and comments. Reviewer milestones and the associated permits are also indicated on the enclosed sheet. By copy of this letter we are informing the U.S. Army Corps of Engineers that the state's review has begun. Sincerely, .,, Arlene Murphy Project Review Coordinator Enclosure cc: Bill Abadie, COE Tim Smith,SHPO, DNR Don McKay, DFG Carol Sanner, DOTPF Kelly Simeonoff, KANA • Larry Bullis, DNR Elaine Pistoresi, DEC Linda Freed, KIB CRSA U.L. Gross, Koniag, Inc. Claire Holland, DNR, DPOR -. r--, I\ f� /Aj ) tp3 LI D / WALTER J. NICKEL, GOVERNOR OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE ❑ CENTRAL OFFICE 3601 "C" STREET, SUITE 370 P.O. BOX 110030 ANCHORAGE, ALASKA 99503 -5930 JUNEAU, ALASKA 99811 -0300 PH: (907) 561- 6131/FAX: (907) 561-6134 PH: (907) 465- 3562/FAX: (907) 465 -3075 01 -A35LH DEC DFG DNR COE Tim Rumfelt 563 -6529 Don McKay 267 -2284 Larry Bullis 762 -2249 Bill Abadie 753 -2712 ❑ PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 -2343 PH: (907) 278- 8594/FAX: (907) 272 -0690 PROJECT INFORMATION SHEET PROJECT TITLE: Kodiak Harbor 70 STATE I.D. NUMBER: AK 9406 -15AA DGC CONTACT: Arlene Murphy Phone: 561 -6131 APPLICANT /PROPONENT: Eric Blankenburg AGENT: Dan Ogg Phone: 486 -4711 Fax: DIRECT FEDERAL ACTION: No REVIEW TYPE: CONSISTENCY ACTIVITY TYPE: PUBLIC UTILITIES DOCK PROJECT LOCATION: Nearest Coastal District: KODIAK Project is INSIDE /LANDWARD the District Boundary District Plan Approved: Yes Latitude OD OM OS Longitude OD OM OS Township 027S Range 019W Section 32 REVIEW SCHEDULE: 50 DAYS Fax: 561 -6134 Meridian Sew USGS Map REVIEW MILESTONES: Day 1: 06/22/94 Reviewer Request for Add'I Info: 07/17/94 Comments Due To DGC: 07/26/94 Preliminary Determination Deadline: 08/05/94 Conclusive Determination Deadline: 08/11/94 ,!,cvc ec..i pager o 0.0 PROJECT INFORMATION - 2 - June 22, 1994 Kodiak Harbor 70 PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK STATE APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): DEC WATER QUALITY CERTIFICATION FEDERAL APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): COE SECTION 404 2- 940387 COE SECTION 10 2 -94 -387 REQUESTOR FOR EXTENSION: ELEVATION TO: ELEVATED BY: ACTION AT CLOSEOUT: Closeout Date: District Comments Received: For Conclusive Consistency Determinations: For Other Reviews: Comments Submitted: ADDITIONAL COMMENTS: Closeout entered into computer: (date) By: Updated: (date) By: Updated: (date) By: Updated: (date) By: ANCHORAGE OMB GOVERNMENTAL COORDINATION Coastal Project Questionnaire and Certification Statement Please answer all questions. To avoid a delay in processing, please call the department if you answer "yes" to any of the questions related to that department. Maps and plan drawings must be included with your packet. An incomplete packet will be returned. • APPLICANT INFORMATION 1. Fri1C, (3L,AnIKEN uR Name �ofXpplij t 1I o O 1 Add AK 9961Y 2. J� Axi 0 CGG ConK�P n� AddK OD) 'iK A 596/3- City State Zip Code City State Zip Code 9o- ) -`ON6- 33/G *]off- Y86-1-0 1 Daytime Phone Daytime Phone • PROJECT INFORMATION Telecopy Number Yes No 1. Has this project ever been reviewed by the State of Alaska? ❑ Previous State I.D. Number: AK Previous Project Name: 2. Provide a brief description of your entire project and ALL associated facilities (access roads, caretaker facilities, waste disposal sites, etc.). Please use an extra sheet of paper if necessary. NI AR INf REUTEO STo)2ACE u01tH rluetui0E6 G4nET71 i /ZQc ./Ty ro (3E e ivs jcr-E0 on) r o 0 x6-0' Pi E S, AccE sS Flaw) X)S7-11/G Ro)\O ' 'Ewi=/Z AN rz\ p`yl P c... C xt ri/vG city Q.0 ) Proposed starting date for project: 1415 Proposed ending date for project: I977 3. Attach a detailed description of the project and all associated facilities. Include a project timeline for completion of all major activities in the proposal, a site plan depicting all proposed actions, and any other supporting documentation that would facilitate review of the project. %E.1-z- Cep PE.R n ir Revised 12/92 Page 1 `) CoN 1 I WE() Or IcuOilvs FoiociL.,rT►ES NO AOPrtic» 1 Z FkuLr) /E_, To f E ONYTRUcT ED_ klvIDP P) E23 , GC))P rEJR )1,1 i r • PROJECT LOCATION 1. Location of project (include nearest co or name of the land feature o body of water. Identify township, range and section): 1�0U7 Q( ) 1 <00/ 1\R 60K Township Range Section Meridian Latitude/Longitude 2. The project is on: ❑ State Land* ❑ Federal Land El Private Land ❑ Municipal Land *State land can be uplands, tidelands, or submerged lands to 3 miles offshore. See Question #1 in DNR section. 3. The project is located in which region (see attached map): ❑ Northern Southcentral ❑ Southeast 4. Attach a copy of the topographical map with the project location marked on it. • CURRENT APPROVALS Yes 1. Do you currently have any State or federal approvals for this project? ❑ Note: Approval means permit or any other form of authorization. If "yes," please list below: Approval Type Approval # • FEDERAL APPROVALS No State Review ID# (previously Expiration Date assigned by DGC) 1. Is the proposed project on U.S. Forest Service (USFS) land or will you need to cross Yes No USFS lands for access? El Vol If yes, have you applied for or do you intend to apply for a USFS permit or approval? ❑l Date of submittal: Does the cost of the project exceed $250,000? ❑ IS 2. Will you be constructing a bridge over tidal (ocean) waters, or navigable rivers, streams or lakes? ❑ If yes, have you applied for or do you intend to apply for a U.S. Coast Guard permit for the bridges? ❑1 Date of submittal: 3. Will you be placing structures or fills in any of the following: tidal (ocean) waters? streams? lakes? wetlands*? *ff you are not certain whether your proposed project is in a wetlands, contact the U.S. Corps of Engi- neers, Regulatory Branch at (97) 753 -2720 for a wetlands determination (otuside the Anchorage area call toll free 1- 800 -478 - 2712.) If yes, have you applied for or do you intend to apply for a U.S. Army Corps of Yes No Engineers (COE) permit? .. ❑ Date of submittal: 4. Have you applied for, or do you intend to apply for a U.S. Environmental Protection Agency National Pollution Discharge Elimination System permit? (Note: For information regarding the need for an NPDES permit, contact EPA at (997) 271- 5083.) ❑ Date of submittal: 5. Have you applied for or do you intend to apply for permits from any other federal agency? ❑ AGENCY APPROVAL TYPE DATE SUBMITTED DEPARTMENT OF NATURAL RESOURCES (DNR) APPROVALS Note: In addition to State -owned uplands, the State owns almost all land below the ordinary high water line of navigable streams, rivers and lakes, and the mean high tide line seaward for three miles. 1. Is the proposed project on State -owned land or will you need to cross State -owned land Yes No for access? ❑ �l 2. Is any portion of your project to be placed on State-owned land below the ordinary high water line of a stream, river, or lake, or, the mean high water line of a salt- water body? ❑ 3. Do you plan to construct an aquatic farm on State -owned land'? ❑ 4. Do you plan to dredge or otherwise excavate /remove materials on State -owned land? .... ❑ Location of dredging site if other than the project site. (describe): Township Range Section Meridian 5. Do you plan to place fill or dredged material on State -owned land? ❑ Location of fill disposal site if other than the project site. (describe): Township Range Section Meridian Source is on: ❑ State Land ❑ Federal Land ❑ Private Land ❑ Municipal Land :/1 Yes 6. Do you plan to use any of the following State -owned resources: ❑ ❑ Timber. Will you be harvesting timber? Amount: ❑ Materials such as rock, sand or gravel, peat, soil, overburden, etc.: Which material? Amount: Location of source if other than the project site: (describe): Township Range Section Meridian No 7. Are you planning to use any fresh water? ❑ fa Amount (gallons per day): Source: Intended Use: 8. Will you be building or altering a dam? ❑ 9. Do you plan to drill a geothermal well? ❑ 10. At any one site (regardless of land ownership, do you plan to do any of the following? ❑ ❑ Mine five or more acres over a year's time? ❑ Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.) over a year's time? ❑ Have a cumulative unreclaimed mined area of five or more acres? If you plan to mine less than the acreage /amount stated above and have a cumulative unreclaimed mined area of less than five acres, do you intend to file a voluntary recla- mation plan for approval? ❑ 11. Will you be exploring for or extracting coal? ❑ 12. Will you be drilling for oil /gas? ❑ & 13. Will you be investigating or removing historical or archaeological resources on State - owned land? ❑ 14. Is the proposed project located in a unit of the Alaska State Park System? ❑ If you answered "No" to ALL questions in this section, you do not need an approval from DNR. Continue to next section. If you answered "Yes" to ANY questions in this section, contact DNR to identify and obtain necessary application forms. Revised 12/92 Page 4 Based on your discussion with DNR, please complete the following: Approval Type Date Submitted 15. Have you paid the filing fees required for the DNR permits? Yes No 0 16. If you answered yes to any questions and are not applying for DNR permits, indicate reason below: O a. (DNR contact) told me on that no DNR approvals or permits were required on this project. Reason given by DNR: O b. Other: • DEPARTMENT OF FISH & GAME (DFG) APPROVALS 1. Will you be working in, or placing anything in, a stream, river or lake? (This includes work in running water or on ice, within the active flood plain, on islands, the face of Yes the banks or the tidelands down to mean low tide.) Name of 0 stream, 0 river, or 0 lake: 2. Will you do any of the following? 0 Please indicate below: O Build a dam, river training structure or instream impoundment? O Use the water? O Pump water out of the stream or lake? O Divert or alter the natural stream channel? O Block or dam the stream (temporarily or permanently)? O Change the water flow or the water channel? O Introduce silt, gravel, rock, petroleum products, debris, chemicals, or other organic/inorganic waste of any type into the water? If yes, describe: 0 0 0 0 0 0 No Alter or stabilize the banks? Mine or dig in the beds or banks? Use explosives? Build a bridge (including an ice bridge)? Use the stream as a road (even when frozen), or crossing the stream with tracked or wheeled vehicles, log- dragging or excavation equipment (back- hoes, bulldozers, etc.)? Install a culvert or other drainage structure? Construct a weir? Use an in-stream structure not mentioned here? Revisod 12/92 Page 5 n 3. Ls your project located in a designated State Game Refuge, Critical Habitat Area or Yes State Sanctuary? ❑ 4. Does your project include the construction /operation of a salmon hatchery? ❑ 5. Does your project affect, or is it related to, a previously permitted salmon hatchery? ❑ 6. Does your project include the construction of an aquatic farm? ❑ If you answered "No" to ALL questions in this section, you do not need approval from DFG. Continue to next section. If you answered "Yes" to ANY questions under 1 -3, contact the Regional DFG Habitat Division Office for information and application forms. If you answered "Yes" to questions 4-6, contact the DFG at the FRED division headquarters for information and application forms. Based on your discussion with DFG, please complete the following: Approval Type Date Submitted No 7. If you answered yes to any questions and are not applying for DFG permits, indicate reason below: ❑ a. (DFG contact) told me on approvals or permits were required on this project. Reason given by DFG: that no DFG ❑ b. Other: ?ER c 1 Si II DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS 47 I r" u "'� i•� L I 1. Will a discharge of wastewater or stormwater drainage from industrial or commercial operations occur including marine drainage? If so, will you be connecting to an already approved sewer system? 2. Do you intend to construct, install or modify any part of a wastewater (sewage or greywater) disposal system? ❑ a) If so, will the discharge be. 500 gpd or greater? ❑ ❑ 0 b) If constructing a domestic wastewater treatment or disposal system, will the system be located within fill material? ❑ ❑ Revised 12/92 Page 6 If your previous answer is yes, answer the following: Yes No 1) How deep is the bottom of the system to the top of the subsurface water table? 2) . How far is any part of the wastewater disposal system from the nearest surface water? 3) Is the surrounding area inundated with water at any time of the year? EJ 0 4) How big is the fill area to be used for the absorption system? (Questions I & 2 will be used by DEC to determine whether separation distances are being met; Questions 3 & 4 relate to the required size of the fill is wetlands are involved.) 3. Do you expect to request a mixing zone for your proposed project? (If your wastewater discharge will exceed Alaska water quality standards, you may apply for a mixing zone. If so, please contact DEC to discuss information required under 18 AAC 70.032.) 4. Will the project result in either of the following: 0 Dredging in a wetland or other water body? 'El Placement of fill materials or a structure in a wetland or other waterbody? (Note: Your application for this activity to the Corps of Engineers also serves as your application to DEC.) 5. Do you plan to store or dispose of any type of solid waste at the project site? 0 1? 6. Will your project require the application of oil, pesticides, and/or any other broadcast chemicals to the surface of the land and/or the waters of the state? 0 ir'i 7. a. Will you have a facility that will generate air emissions from processing greater than five tons per hour of material? 0 .123k) b. Will you have one or more units of fuel burning equipment, including flaring, with a heat inputrating of 50 million Btu per hour or more? 0 Z c. 1) Will you have a facility containing incinerators with a total charging capacity of 1,000 pounds per hour or more? 0 0 2) Do you incinerate sludge? 0 0 d. Will you have any of the following processes: 0 Ei O Asphalt plant O Petroleum refinery O Petroleum Contaminated Soils Cleanup O Coal preparation facility O Portland cement plant e. Will your facility use the following equipment? O diesel internal combustion engines? (Total capacity equal to or greater than 1,750 kilowatts or total rated brake specific horsepower greater than 2350 bhp) O gas tired boilers (Total heat input rating of 100 million Btu per hour) O oil tired boilers (Total heat input rating of 65 million Btu per hour) O combustion turbines (total rated power output of 8,000 Hp) Revised 12/92 Page 7 f. Will your facility burn more than the following per year in stationary equip- Yes No ment? ❑ Qs ❑ 1,000,000 gallons of fuel oil ❑ 900 million cubic feet of natural gas ❑ 35,000 tons of coal g. If you have answered "yes" to any of the above questions (7 a -t), have you in- stalled, replaced or modified any fuel burning or processing equipment since 1977? ❑ ❑ 8. Will you be developing, constructing, installing, or altering a public water system? ❑ 9. a. Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or non -crude oil as bulk cargo, or the transfer of oil or other petroleum products to or from such a vessel or a pipeline system? ❑ 4 b. Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non -crude oil? ❑ Irli c. Will you be operating facilities on the land or water for the exploration or pro- duction of hydrocarbons? ❑ �1 10. Will you be subdividing lands into two or more lots (parcels)? ❑ If you answered NO to ALL questions in this section, you do not need a permit or approval from DEC. Please continue to certification statement. If you answered YES to ANY of these questions (see #4 note), contact the DEC Regional office for information and application forms. . Based on your discussion with DEC, please complete the following: Approval Type Date Submitted 11. If you answered yes to any questions and are not applying for DEC permits, indicate reason below: ❑ a. (DEC contact) told me on that no DEC approvals or permits were required on this project. Reason given by DEC: ❑ b. Other: Revised 12/92 Page 8 Certification Statement The information contained herein is true and complete to the best of my knowledge. 1 certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management 'is gra 9+91 Signntu 17/ =7- pplicant o /-- Date Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a federal consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement. To complete your packet, please attach your State permit applications and copies of your federal permit applications to this questionnaire. Revised 12/92 Page 9 fl oo f ngi Corps Alaska District Regulatory Branch (1145b) Post Office Box 898 Anchorage, Alaska 99506 -0898 Public Notice of Application for Permit AKet(06 -15114 PUBLIC NOTICE DATE: 08 JUNE 1994 EXPIRATION DATE: 08 JULY 1994 REFERENCE NUMBER: 2- 940387 WATERWAY NUMBER: Kodiak Harbor 70 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. APPLICANT: Mr. Eric Blankenburg, Box 707, Kodiak, Alaska 99615. LOCATION: In Pearson Cove off of Father Herman Street in Kodiak, Alaska; section 32, T. 27 S., R. 19 W., Seward Meridian. WORK: To remove approximately 118 cubic yards (cy) of existing armor rock rl� om approximately 100 linear feet of bank; to discharge approximately 400 cy of material in approximately 0.04 acres along the face of the altered bank, and to discharge the 118 cubic yards of armor rock that would be removed, along the face of the newly placed fill. Work would also include the construction /installation of two 50 -foot by 30 -foot piers, two 6 -foot by 25 -foot ramps, two 12 -foot by 30 -foot floats, and a 120 -foot by 10 -foot by 6 -foot floating breakwater. The breakwater would consist of six segments, each 20 feet long, and be anchored with twelve 2,000 to 4,000 -pound anchors. PURPOSE: To provide access and facilities, including caretaker housing, for marine related activities and storage. ADDITIONAL INFORMATION: A building approximately 24 feet by 30 feet, and 24 feet high would be constructed on each pier. A sanitary sewer easement exists along the existing shoreline. The sewer was installed by the City of Kodiak in the early to mid 1970's (Corps file number 1- 730139, Kodiak Harbor 52). Fill material is proposed to be discharged along the bank as opposed to constructing pile supported structures in order to comply with easement restrictions. Additional information may be obtained from the applicant's agent, Mr. Dan Ogg, at Box 2754, Kodiak, Alaska 99615; (907) 486 -4711. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95 -217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal one Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget,_ Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons.for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. A number of sites exist in the project vicinity; however, it appears that this worksite is not a registered or eligible property. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic.Preservation Office (SHPO). • Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: The project area is within the known or historic range of the Aleutian Canada Goose and Stelier's Sea Lion. Preliminarily, the described activity will not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordi~Dated with the U.S. Fish and Wildlife Service and the National Marine Fi sherd es --:S? oe ::itAo- y ;comments they may have concerning endangered or threatened lfe:a .plants or their critical habitat will be considered in our final assessment of the described work. FEDER44 SPECIES OF CONCERN: The following Federal species of concern may use !tiii -pre ect.area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Sa1 an,iSea Otter, Stelier's Sea Lion, Black Brant, Canada Goose, Aleutian Canada — Goose, Bald Eagle, and Tundra Swan. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long -term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. -2- EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320,3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mr. Bill Abadie at (907) 753-2724 or toll free in Alaska at (800) 478-2712. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments US SORvE loNUmFNC 16Fj I - MIKE HAG1EN L.t7TL!WC a ig of .% KC /Ckic KcoI Air aKer L.17 MDTArc.F_A.)r c+:.z.rivE!Z oU 1307u s'DFS Co'vE %.piE s FNO F1OATZ .In RIME AELArEsp. STcIRAGC ANC Acrl vrr+ -s _ - PEARjAtrJ CovF_- ` .e ITy orz KGC i 1<p0 / kr. ZS', tti'IC 8r.Ac i.Y7r{ EBB Rot!los Ai-441A A • FRIG P,i,ANISENAIIRC- Qc�x.o 7 t ,GI Aiti loyietots o '(0 8o Fi,000 a `•, r-1F_ t T l OF �{ /" = 110' Kodiak Harbor 70 2- 94038,7 WIT( S Nl NHN'li.4Nt CAL.. Pi1l'iCLtik.'t�i tip h012.140:9 oQA 41t1HL Siva fh `i et 11 .,.z h.t i (7 Si. ■C4 us t4.1.5 Zt:C. LNG (N' Co (LL '' -- &S ( 0.:m (''L•1‘3(0- u PtfSi cs \ ry.X.SZ LL gl Cis) C act Ni<<v6 4 ,k Rv-.ua (Luc '& (b., 00.400, ()c 1-. L_ VS*. i. Y\STtNG- :S�.c�c'c� 4uS4 J LOO tc tl �C AT�C�'- MHli%A.% LLh; I 11! X'1,0 trcJhT it9ffLox•w�ATz ixtSTZ t■G V O U: l Kodiak Harbor 70 2- 940387 u�� t-A,F_v A.7? of-) vz-i-1.R. r c") E. )2, F0-179 plEn ouisicf: 01111Ea/vsioN C. ROLL 0P Ooo 0-1\.) r41()-1 es)) ) rt/ • KODIAK HARBOR 70 2-940387 A,No ihK)Aff )Rti,117.--) E1 •I-0)z A 4. of Nog/ A K. fcm iAK 'i7" c, et, tkrws.- ,11;) I?x •7 o7 t< 0 i kK. A 4176,5- 6?-5' N o' i C Pitt (1.. ; sc�f,o� s Lc :.iti xki TCCAL L' X to . t�nTZ(L.a�C F�(1RoS CkwNtN 1 0.o N 1 M.CIoon c I U (= CoNC gL.JAN.iSD C HA .N Kodiak Harbor 70 2- 940387 Fi4o c .tcr FL.0 per .NL GC%nocw47Cg ao0c) k -, .-u300 QC.:t'oi� Cacs(AQSTt gNCvie S SIME OF &USN& OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION STATE OF ALASKA DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program WALTER J. NICKEL, GOVERNOR . frJEMMULDEFICE POST OFFICE BOX 170030 JUNEAU, ALASKA 99611-0030 PHONE: (907) 465-3562 Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended [P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice No. 2-940387 , will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal Management Program may do so by providing comments in writing to the Division of Governmental Coordination, Office of Management and Budget, Southcentral Regional Office, 3601 C Street, Suite 370, Anchorage, Alaska 99503-2798, within 30 days of publication of this notice. Attachment 2 T1IH CUT(F adGl�aa DEPT. OF ENVIRONMENTAL CONSERVATION NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION WALTER /. NICKEL, GOVERNOR TeNPfroftef rse71 465 -2600 P.O. Box 0 Juneau, AK 99811 -1800 Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conservation that any such discharge will comply with the Clean Water Act of 1977 (PL 95 -217), the Alaska Water Quality Standards and other applicable State laws. By agreement between the U.S. And Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Anny permit may also serve as application for State Water Quality Certification when such certification is necessary. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers Public Notice No. 2- 940387 also serves as application for State Water Quality Certification from the Alaska Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95 -217) . The Department will review the proposed activity to insure that any discharge to waters of the United States resulting from the referenced project will comply with the Clean Water Act of 1977 (PL 95 -217) the Alaska Water Quality Standards and other applicable State laws. Any person desiring to comment on the water quality impacts of the proposed project may do so by writing to: Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage, Alaska 99503 Telephone: 563 -6529 within 30 days of publication of this notice. Attachment 3 Dan Ogg Box 2754 Kodiak, Alaska 99615 tel 907 - 486 -4711 May 11, 1994 Department of the Army U.S. Army Engineer District- South P.O. Box 898 Anchorage, Alaska 99506 -0898 Attention Mr. Bill Abadie Project Manager Re: No. 2- 940387 Dear Bill, REIFI I_ Post -ItTh brand fax transmittal memo 7671 # of pages ■ To From Co. co. Dept} I �_� Phone 45Eib ta -9 0Q #A ��aS� Fa#Fax a p_9 o This letter is in response to our phone conversation of last week and your letter dated April 28, 1994 concerning Eric Blankenberg's application for a permit for construction of two piers and to discharge fill into Kodiak harbor in Kodiak, Alaska. I hope this addresses all the concerns you expressed. I will label my paragraphs as you did ie a, b, etc so that they match up. a. The amount of armor rock to be removed and or reset on the face of the fill below hightide is approximately 108 cubic yards. The volume of the area is approximately 100 feet long by 8 feet high by 4 feet thick. See sheet 2 of three. b. The amount of fill between the armor rock and the existing bank will be approximately 400 cubic yards. This dimensions of this area is approximately 100 feet long by an average of 15 feet thick and 8 feet high. c. The size of the area to be filled is a triangle with a square foot area of 1800 square feet. It starts on the east side of the property at about 25 feet wide and narrows to about 3 to 5 feet wide on west side and is about 100 feet long. See. sheet 2 of three. d. I have included a sheet 1 (a) which reveals the information you requested. Our hopes are to acquire parts of the floating breakwater presently stationed in Dog Bay in Kodiak Harbor when it is dismantled. e. I have enclosed revised drawings of the pier and floats as requested. It is labeled sheet 2(a). As for the ACMP it has been mailed to the state of Alaska as we discussed. Enclosed as you have requested are two signed copies of the questionnaires for your purposes. page 2 You have requested why it is not practicable to construct piles and expand the project to the cover the proposed fill area. As I explained over the phone the northern part of the property where the fill is indicated is covered by an easement to the City of Kodiak for sewer and utilities. I have spoken to Matt Holstrom the city engineer about this and he has written a letter stating the city's position concerning construction in the easement. See. copy of letter attached. You will note the city is reserving an unqualified "veto" in the nature of a review and approval of our plans before we could construct a pier in the easement. They have no standards for this review. Although the city is willing to work with us, we feel it may be extremely expensive if not impossible to meet their approval. In addition, we will be responsible for any repairs necessitated by their use of the easement which cause damage to a pier we may build in the easement. It seems under these constraints, the most realistic and economical alternative is to construct with fill and armor rock. I hope I have answered your concerns and supplied the missing data. Should you need more data please let me know. Sincerely, Dan Ogg Box 2754 Kodiak, Alaska 99615 k\ page 2 You have requested why it is not practicable to construct piles and expand the project to the cover the proposed fill area. As I explained over the phone the northern part of the property where the fill is indicated is covered by an easement to the City of Kodiak for sewer and utilities. I have spoken to Matt Holstrom the city engineer about this and he has written a letter stating the city's position concerning construction in the easement. See. copy of letter attached. You will note the city is reserving an unqualified "veto" in the nature of a review and approval of our plans before we could construct a pier in the easement. They have no standards for this review. Although the city is willing to work with us, we feel it may be extremely expensive if not impossible to meet their approval. In addition, we will be responsible for any repairs necessitated by their use of the easement which cause damage to a pier we may build in the easement. It seems under these constraints, the most realistic and economical alternative is to construct with fill and armor rock. I hope I have answered your concerns and supplied the missing data. Should you need more data please let me know. Sincerely, Dan Ogg Box 2754 Kodiak, Alaska 99615 May 9, 1994 R. Danforth Ogg 410 Cope Street Kodiak, Alaska 99615 €NGIN €€RING D €PARTM€1 T Q410 MIL MY ROAD. KODIAK. AMR 99615 YQ.EPHOME (907) 486-8065 FAX (907) 486-8066 SUBJECT: CONSTRUCTION OVER SEWER EASEMENT; TIDELAND TRACT P -19 Dear Dan: Please consider this a follow -up to our discussion this morning. We understand that you would like to place fill and possibly a portland cement concrete slab or piling and wood deck pier in the sanitary sewer easement waterwerd of the existing top of fill. As we discussed, our main concern would be access to the sewer main for repairs or construction. As a general policy, the City would not object to this request with the stipulation that in the event the City requires access for work in the area, you agree to bear the coats of any repairs to your improvements. However, we will not permit construction inside the easement until we have reviewed and approved your drawings. Under no circumstances will the City permit construction of permanent buildings inside the easement. We appreciate your cooperation in this matter and thank you for checking with us. If you have questions, please call me at 486- 8065. Sincerely, CI Ma t iolMstrom City Engineer Mil /ak MAY-09 -1994 1534 KODIAK PUBLIC WORKS P.01 um' 11, Y1 National National 222 West Anchorage, --;anic a. Atmospheric Administration Mine Fisheries Service 7th Avenue, Box 43 Alaska 99513 -7577 June 22, 1994 Georgina Akers Chief, Project Evaluation Section - South U.S. Army Corps of Engineers Alaska District P.O. Box 898 Anchorage, Alaska 99506 -0898 Attn: Bill Abadie Dear Ms. Akers: t`i i .. Re: Kodiak Harbor 70 2- 940387 Reference is made to your public notice dated June 8, 1994, regarding an application from Mr. Eric Blankenburg proposing to remove approximately 118 cubic yards (cy) of existing armor rock from approximately 100 linear feet of bank; to discharge approximately 400 cy of material in approximately 0.04 acres along the face of the altered bank, and to discharge the 118 cubic yards of armor rock that would be removed, along the face of the newly placed fill. Work would also include the construction /installation of two 50 -foot by 30 -foot piers, two 6- foot by 25 -foot ramps, two 12 -foot by 30 -foot floats, and a 120 - foot by 10 -foot by 6 -foot floating breakwater. The breakwater would consist of six segments, each 20 feet long, and be anchored with twelve 2,000 to 4,000 -pound anchors. The purpose is to provide access and facilities, including caretaker housing, for marine related activities and storage. The National Marine Fisheries Service has reviewed the above referenced application and believes the anadromous, estuarine, and marine fishery resources in the vicinity of the proposed project can be adequately protected under the standard conditions of your permit. We, therefore, have no specific recommendations at this time and do not object to permit issuance. Our review and comment on this permit application do not constitute the full public interest review or cumulative impacts assessment required of the Corps of Engineers. We are, however, willing to assist you with those living marine resource issues identified during the public interest review process. Thank you for the opportunity to comme NMFS Contact Person: Brad Smith orris Wester aska Office Supervisor Protected Resources Management Division cc: ADFG, ADEC, ADGC, EPA, USFWS - Anchorage Applicant IN REPLY REFER TO: WAES . ,------„, (---\ , TAKEIIIImml,...• of Interior PRIDE IN- Unicl. States Department ot til:- AMERICAmmum rimmi■ mismiliiiimirm miniummom Tommi NI I= N FISH AND WILDLIFE SERVICE Anchorage Field Office Ecological Services and Endangered Species 605 West 4th Avenue, Room 62 Anchorage, Alaska 99501 Colonel John W. Pierce District Engineer, Alaska District U.S. Army Corps of Engineers Post Office Box 898 Anchorage, Alaska 99506-0898 Dear Colonel Pierce: JUN 1 0 1994 Due to staff time constraints, we will take no action on the following projects. Permit Number 2-940387 1-940435 Waterway Number Kodiak Harbor 70 Halibut Cove 21 Noplicant's Name Eric Blankenburg Brian Miller Should it become apparent in the future that these actions have caused adverse impacts to fish and wildlife resources, we may provide recommendations for mitigating such impacts. Furthermore, you should not interpret this letter to imply that we believe the impacts are minor or that you have enough information to arrive at a Finding of No Significant Impact. RLCEI D JUN 1 4 1994 , REGULATOR( FuNCTIOW, b'rANCI-1 Alaska District, Corps of Enginervt. — t-et/ efVect c r\ Sincerely, • Ann G. Rpioport Field Supervisor page 2 You have requested why it is not practicable to construct piles and expand the project to the cover the proposed fill area. As I explained over the phone the northern part of the property where the fill is indicated is covered by an easement to the City of Kodiak for sewer and utilities. I have spoken to Matt Holstrom the city engineer about this and he has written a letter stating the city's position concerning construction in the easement. See. copy of letter attached. You will note the city is reserving an unqualified "veto" in the nature of a review and approval of our plans before we could construct a pier in the easement. They have no standards for this review. Although the city is willing to work with us, we feel it may be extremely expensive if not impossible to meet their approval. In addition, we will be responsible for any repairs necessitated by their use of the easement which cause damage to a pier we may build in the easement. It seems under these constraints, the most realistic and economical alternative is to construct with fill and armor rock. I hope I have answered your concerns and supplied the missing data. Should you need more data please let me know. Sincerely, Dan Ogg Box 2754 Kodiak, Alaska 99615