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
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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
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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
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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
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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