Loading...
EAST ADD BK 55 LT 13 - Supplemental InformationRnLr TO A,TiN,ION or, Regulatory Branch Compliance Section D- 900256 V- 910007 Mr. -John Sullivan Public Works Director City of Kodiak 2210 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Sullivan: DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99508-0898 FEB 7 1991 CERTIFIED jz`(to SS RECFIVED FEB 25 1991 COMMUNITY DEVELOPMENT DEPT This is In regard to our Notice of Violation dated June 4, 1990, in which we informed you that the road upgrade at the southwest side of Potato Patch Lake within section 29, T. 27 S., R. 20 -W., Seward Meridian, on Kodiak Island was unauthorized and in violation of Section 301 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, and your response, dated June 13, 1990. After careful review of the information contained in paragraph four of your letter dated June 13, 1990, and resource agency input, we have determined that Section 10 authority does not apply to Potato Patch Lake. However, as previously stated, the Corps of Engineers does exercise jurisdiction over Potato Patch Lake and its adjacent wetlands pursuant to Section 404 of the Clean Water Act, and the violation is therefore still outstanding. In your letter, you mentioned that during a 1986 telephone conversation between the Kodiak City Engineer and a Mr. John Leek or Leed of our office, the City was informed that the proposed work was covered under a nationwide permit. For your information, we do have Mr. John Leeds on our staff; however he was not an employee of this branch on the date your conversation took place. Mr. Leeds did not begin working at this office until March, 1988. Further, jurisdictional determinations and notifications of authorization must be in writing from this office to be valid. As a result of our investigation, and resource agency input, we have determined that the fill material placed for the road upgrade at the southwest side of the lake is authorized under a Department of the Army (DA) Nationwide Permit (NWP) 26 (33 CFR 330.5(a)(26)), which authorizes discharges of dredged or fill material into less than one acre of non -tidal rivers, streams, and their lakes and impoundments, including -2 - adjacent wetlands, that are located above the headwaters (the point on a nontidal stream above which the average annual flow is less than 5 cubic feet per second). Since the total area impacted by this fill was less than one acre, we have determined that your project was conducted under the authority of this NWP provided it conformed to the list of conditions and management practices enclosed. Consequently, your violation file has been closed. This verification will be valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued, or revoked prior to January 13, 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Future fill work in this area will require coordination with this office prior to the commencement of work. This coordination is necessary for a determination of DA jurisdiction and, if applicable, the required DA authorization. During our investigation of the above mentioned project, it was discovered that the City of Kodiak has been using the wetlands adjacent to Potato Patch Lake as an area to dump snow removed from city streets. As the snow melts, fill material contained in the snow is being deposited into the wetlands. This wetland serves as a filter to remove sediments and impurities from road runoff from city streets. The placement of fill material resulting from snow dumped at this area has resulted in a violation of Section 404 of the Clean Water Act. ,In-this-regard, you are to immediately cease using this area as a snow dump and remove the fill material that has accumulated in this area. The removal must be accomplished by -May 1, 1991. The fill removed from the snow disposal area shall be taken to an upland site. You are to contact this office within 10 days of your receipt of this letter to indicate your intention to comply with this order. Please contact this office upon completion of this remedial work to arrange an inspection of the site. If the area has been restored to the satisfaction of the Corps of Engineers, the violation shall be considered resolved. If the area has not been satisfactorily restored, further work shall be required. 5 -3- Please refer to file number D- 900256 should you have any further questions concerning the road upgrade project. Please refer to file V- 910007 should you have questions concerning the above removal order. Questions should be directed to Mr. Brad Platt of my staff at telephone (907) 753-2712, toll free in Alaska at (800)478 -2712 or our FAX number (907) 753 -5567, or at the letterhead address, ATTN: CENPA- CO -R -C. Sincerely, !may Jeffrey K. Towner Chief, Compliance Section Enclosures VIP Easy- pc9,6 ul k 55 RLILY TO ♦TT[MTION O., Regulatory Branch DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506 -0898 CERTIFIED Compliance Section 0 4 JUN 1990 V- 900256 Mr. Jahn Sullivan Public Works Director City of Kodiak 2210 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Sullivan: This is a Notice of Violation concerning the placement of fill _ .material for the construction of a road at the southwest side of Potato Patch Lake within section 29, T. 27 S., R. 20 W., Seward Meridian, on Kodiak Island, Alaska. During an April, 1990, inspection by Compliance Section personnel, it was discovered that, for the construction of a road, fill material had been placed into approximately 1 acre of palustrine emergent /scrub -shrub wetlands and below the mean high tide line of Potato Patdi lake, a navigable water of the United States (U.S.). It has cane to our attention that the city is the party responsible for this work. The Department of the Army•(DA) exerts regulatory jurisdiction over navigable waters of the United States pursuant to Section 10 of the Rivers and Harbors Act of 1899. This law requires that any individual or entity that proposes to do work in or affecting "navigable waters of the United State§," must obtain a DA permit prior to the commencement of work. The placement of fill into Potato Patch Lake, a navigable water, required authorization under Section 10. The DA also exerts regulatory jurisdiction over Section 404 of the Clean Water Act. This law requires that a DA permit be obtained prior to disdharging dredged and /or fill material into a water of the United States, including wetlands. The fill placed into Potato Patdz lake and its adjacent wetlands required authorization under Section 404. A review of our file records indicated that the appropriate permits were not obtained. We are currently conducting an investigation of the above described work to determine the appropriate course of action -2- necessary to resolve this violation. To insure that all pertinent information is available for our evaluation, you are invited to provide any information that you feel should be considered. At a minimum, you are requested to provide the following information: a. What are your future plans, if any, for additional work at the site? b. Who was the contractor, i£ any, responsible for the placement of fill material at the site? This information should be received by this office within 15 days of the date of this letter. We will withhold action on this matter until that time to afford you the opportunity to provide the above requested information. Until such time as this matter is resolved, you are to place no additional dredged and /or fill material or perform any work in areas subject to Corps jurisdiction. We are furnishing copies of this letter to the agencies on the enclosed list in order to solicit their views regarding resolution of the violation. Please refer to file number •- 900256 should you have any further questions concerning the above. Questions should be directed to Mr. Brad Platt of our Compliance Section at telephone (907) 753 -2712, toll free in Alaska at (800) 478 -2712 or our FAX number (907) 753 -5567, or at the letterhead address, ATTN: CENPA -C -R-C. Sincerely, emnia Cafthan Jeffrey K. Towner \ Chief, Compliance Section Enclosures Copies Furnished; Mr. Dan Robison, Jr. Alaska Operations Office Environmental Protection Agency 222 West 7th Avenue, No. 19 Andhorage, Alaska 99513 -7588 Patty Bielawski Project Review Coordinator Office of Management and Budget Division of Governmental Coordination 3601 C Street, Suite 370 Andhorage, Alaska 99503 -5309 Ronald J. Morris, Western Alaska Ecological Supervisor National Marine Fisheries Service Federal Building, U.S. Court House 222 West 7th Avenue, No. 43 Anchorage, Alaska 99513 -7577 Mr. Dave McGillivary Field Supervisor U.S.. Fish and Wildlife Service Ecological Service Andhorage 605 West 4th Avenue, Room G-62 Andhorage, Alaska 99501 -2231 Lance Trasky, Regional Supervisor Habitat Division, Region II Alaska Department of Fish and Game 333 Raspberry Read Andhorage, Alaska 99518 -1599 Bill Lamoreaux, Southoentral Regional Supervisor Alaska Department of Environmental Conservation 3601 C Street, Suite 1334 Andhorage, Alaska 99503 Ms. Veronica Gilbert Alaska Department of Natural Resources Division of Land and Water Management Scuthcentral Regional Office Post Office Box 107005 Anchorage, Alaska 99510 -7005 -2-- Paula Easley, Director Municipality of Anchorage Department of Economic Development and Planning Post Office Box 196650 Andiorage, Alaska 99519 -6650 Kodiak Island Borough Post Office Box 1397 Kodiak, Alaska 99615