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(PP`O POT A(e_ 1,2-S t8Mc D t? f REPLY TO ATTENTION Ors Regulatory Branch Compliance Section V-900532 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.Q. BOX 898 ANCHORAGE, ALASKA 99506.0898 CERTIFIED OCT 1 9 1990 Dear Property Owner: The U.S. Army Corps of Engineers (COE) is responsible for regulating discharges of dredged and/or fill material into waters of the United States (U.S.), including wetlands. Pursuant to Section 404 of the Clean Water Act, a Department of the Army (DA) permit is required prior to the placement of such material into those waters. Fill material was placed into waters and wetlands of the U.S. during the development of Lots 1-13, Block 1, Elderberry Heights Subdivisioff without DA authorization. The work conducted by the developer, Mr. Lenhart Grothe has resulted in a violation of Section 301 of the Clean Water Act. Based on the fact that the work in violation on your property was not performed by you, we have determined that no enforcement action will be taken with respect to the subject violation. As property owner, you are advised that, if in the future, you plan to discharge dredged or fill material for any reason into your lot, you will need to contact this office for a determination of Department of the Army (DA) jurisdiction and, if applicable, the required DA authorization. Future violations of Section 404 of the Clean Water Act on your lot will be considered knowing and flagrant and may warrant legal action. Section 309 of the Clean Water Act provides that any person who knowingly violates any provision of 33 USC 1311 shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years or both. For informational purposes, copies of this correspondence are being furnished to the agencies on the enclosed list. -2- Please refer to file number V-900532 should you have any further questions concerning the above. Questions should be directed to Mr. Brad Platt of m« staff at telephone (907) 753-2712, toll free in Alaska at /800\ 478-2712 or our FAX number (907l 753-5567, or at the letterhead address, ATTN: CENPA-00-R-C. Sincerely, Jeffrey K. Towner Chief, Compliance Section Enclosures RIMY TO ATTENTION Or. Regulatory Branch Compliance Section V-900532 Mr. Lenhart Grothe Box 1504 Kodiak, Alaska 99615 Dear Mr. Grothe: DEPARTMENT OF THE ARMY US. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 995060898 OCT 1 9 1990 This is a Notice of Violation concerning the placement of fill material on a tract of property identified asTottf1=13; Bled( 1,1 Elderberry Hei-Ots'Subdivistonl, within section 29, T. 27 S., R. 20 W., Seward Meridian, on Kodiak Island, Alaska. During an April 24, 1990, inspection by Messrs. Brad Platt and Jeff Steen of my Compliance Section, it was discovered that fill material had been placed into approximately 4.1 acres of palustrine emergent wetlands adjacent to Horseshoe Lake. It has come to our attention that you are the party responsible for this work. Section 404 of the Clean Water Act requires that a Department of the Army (DA) permit be obtained prior to discharging dredged and/or fill material into waters of, the United States, including wetlands. A review of our file records indicated that the appropriate permit was not obtained, and is therefore in violation of Section 301 of the Clean Water Act. Brasedowthefiet-that, the lots fiCoileitroWhiVelieen se-Firth other? pities, we haveAetertillAWthat no enfOrceignektien- Will fietakinit0 retoitt-to-thetti-WWWOUtioh. Consequently, the file has been closed. Section 309 of the Clean Water Act provides that any person who knowingly violates any provision of 33 USC 1311 shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years or both. Future violations of Section 404 of the Clean Water Act will be considered knowing and flagrant and may warrant legal action. You are advised that, if in the future, you plan to discharge dredged or fill material for any reason into a water of the United States, including wetlands, you will need to contact this office for a determination of Department of the Army (DA) jurisdiction and, if applicable, the required DA authorization. We are enclosing a permit packet for your convenience. -2- Please refer to file number V-900532 should you have any further questions concerning the above. Questions should be directed to Mr. Platt of my staff at telephone (907) 753-2712, or FAX number (907) 753-5567, or at the letterhead address, ATTN: CENPA-CO-R-C. Sincerely, 7.1". Jeffrey K. Towner Chief, Compliance Section Enclosures BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK LOCALITY NEW DEMOLISH ALTERATION REPAIR CONTRACTOR CITY TEL. NO. NAME ADDRESS C ITY STATE LICENSE NO. NAME ADDRESS ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR, PIERS WIDTH OF TOP CITY STATE LICENSE NO. J a J SUBDIVISION LOT NO. BLK. DO NOT WRITE BELOW THIS LINE R. Type of Construction I, II, III, IV, V,'VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2f 3'4 WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA. SPAN GI RDLRS JOIST 1st. FL. JOIST 2nd. L. JOIST CEILING EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER URNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO dB43 VALUATION r S BUILDING FOUNDATION FRAME PLASTER FLUES FINAL DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 4 S.' //� // 4 Approved: CHIEF BUILDING OFFICAL By: 3N11 A1.83dOLid PLOT PLAN A r 3N11 Al2i3dO2ld H I j4/ SETBACK TREET PLANNING & ZONING INFO. ZONING DISTRICT / "+ S / 6�.- (J. �,, 6_f_�.� ri „ TYPE OF OCCUPANCY /4:f� NUMBER OF STORIES Z TOTAL HT. Z-4/ AREA OF LOT /Z% FRONT YARD SETBACK FROM PROP. LINE /7?' SIDE YARD SETBACK FRO M PROP. LINE /3 y J47 REAR YARD / Approved: ZONING ADMIN4 TOR /.'4A By c: _',C --. - -.� BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK BUILDING ADDRESS NEAREST CROSS ST. w 2 0 NAME MAIL ADDRESS CITY TEL. NO NAME NEW DEMOLISH ALTERATION REPAIR 0 Z 0 a O w D CITY STATE LICENSE NO. NAME CITY STATE LICENSE NO. SUBDIVISION LOT NO. BLK. DO NOT WRITE BELOW THIS LINE II1. Type of Construction I, 11, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR PIE R5 WIDTH OF TOP WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) SIiI SPA., SPAN GIRDERS JOIST 1st. FL. JOIST 2nd. FL. JOIST CEILING EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. VALUATION 5 BUILDING FOUNDATION FRAME PLASTER FLUES FINAL DATE ISSUED ri/017/ec, BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 Al2j3dO8d PLOT PLAN 1 i H SETBACK 3N11 Al2i3dO2id STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By • By.