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ELEMENTARY HGTS LT 2 - Code EnforcementDEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION • ." Az z LJP-(1.B_CDc 66,98, =,-., • , , ;;. • , • , JBER, ALASKA, 995,08-0898; mm CERTIFIED MAIL RECEIPT Na:-.7002240=0063-56744041'0'''s March 18, 2014 Regulatory-Division POA-2007-863 Mr. Kevin Amt Kodiak Ventures P.O. Box 1066 Kodiak, AK 99615 Dear Mr. Arnt: This is in reference to a Department of the Army (DA) Nationwide :Permit (NY. 11P)verificati6n'sent to Kodiak Ventures on August 10, 2007, and a subsequent Noficeipf N'ondompliancesenion December. 9, 2009. The NWP verification included the discharge of up to 4,600 cubic yards of tlifiniwetiandS-for the construction of two 50-foot by 50-foot house pads (5,000 squarefeet) Icicated,within::Sectipti21, T. 27 S., R 19 E, Seward Meridian; USGS Quad Map Kodiak D-2; Latitte-57.8234°:k;_tongitUde152:36309W.;: Kodiak Borough, Elementary Heights Subdivision, Lots 1 and 2, Tract-.1A-i,near,Kodiak,Waskai Based on our October 22, 2009, onsite visit, and a 'communication provicieiliO.us.FebrUary, 24, 2014, on your behalf, by your agent Chris Lynch of Kodiak Construction Services we have determined that existing impacts include a discharge of 2,188 cubic yards of fill material into..8,436aquareifeet of: wetlands. We have determined that the activity, which was conducted in association with the above- referenced permit, does not comply with the terms and conditions of that permit, and is therefore, a violation of Section 301 of the Clean Water Act. We have determined the extent and scope of the non-compliance is minor and enforcement action will not be taken against you at this time, provided. that no additional non-compliance with the terms or conditions of your DA permit occurs. If future work is planned in jurisdictional wetlands beyond the existing 8,438 square foot area of impact, you must apply for a DA permit prior to initiating work. Continuation of non-compliance with your DA permit in areas subject to Corps of Engineers jurisdiction shall be considered a knowing, repeat, and flagrant violation of Federal law. You have requested to move forward with construction upon the existing pads, to include removing 3 feet of fill material and-replacing it with non frost-susceptible fill material. The noncompliance issues are hereby resolved, and you may proceed with development of the 8,438 square foot area described above. No further permitting is required in these areas. Nothing in this letter shall be construed as excusing you from compliance with other Federal, State, or local statutes, ordinances, or regulations which may affect this work. Please refer to file number POA-2007-863, Mill Bay, in future correspondence or if you have any questions. lj -2- • If you have questions, please contaai' jekMartin;via email at jen.l.martin©usace.army.mil,bYMailat 805 Frontage Road, Suite 200C, Kenai, AK 996-11=7755,' by phone at (907) 283-3519, or by fax at (907) 283-3981. For additional information about our Regulatory Program, visit our web site at www.poa.usace.army.rnjl/MiJors/RegLIatory.aSPX'. 1 i _ • Sincerely, ,47,7 .('Michael R. Salyer Southeast Section Chief CF: • •DEC: james.rypkemaealaska.gov ADF&G;DH:„William:fro§t4alaskagov •7i-c.si.„„- • • • „ ADNR4-.)MLW:-. dnrscro.dcom:corealaSkagov).:', .„ • ' • ' ; 11 • ADNR-DMINV:- christinatohriernalaska4iva -„, • , "; ADNR,DMLW: mithael.WaltOnOalaska.gov, . _ SHPO,' ADNR OHA:„Dhasettompaalaska.gov - • 1) • EPA: AOOARU R0epamait.er :gov1r ci " :t NMFS, Anchorage: HCD.Anchoraoe@noaa.gov USFWS;IAnchorage: FVV7-- POANoticesafws.gov ApplicantAcnik55(yahob.com:,.., ;-:-I -.„ „ „Licy,f Agent: chilsIvn6heacsalaSka.neti -•‘„ „▪ ."„ '•;, ,.„ ; , ▪ .1 • • •-; " ,;11 ;)'?. .:3Z; . - • • : , . • : ;: " 7,; ' ■ . - • .A • -• ' •"": • , :,,f`! • r f.r.; 1,, • -; „•-‘ .!'„3„! -,4•1$ „. • 2- (.• . •' sc. 1.; ; ' 1 1: • _ BUILDING INSPECTOR REPORT CITY OF KODIAK KODIAK ISLAND BOROUGH 710 MILL BAY ROAD Room 208 TELEPHONE: (907) 486-8070 (907) 486-8072 DATE L. REPORT NO. NAME ilLa / ONE .... • STREET ADDRESS • te 4 LOT(S) 7...„, BLOCK -7 SUBDIVISION - . COMMENTS: Arabi ar - IV PROBLEM' • ' /moms. 1MA.. ''' .tilir 111111P ' - .. • A / , 1 ," OF CORRECTIONS NEEDED: ' Ww. ■ ACKNOWLEDGE RECEIPT OF REPORT BY SIGNING DATE INSPECTOR DATE *10 / 5 February 2014 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail Return Receipt Requested Receipt No: 70070220000144238295 Mr. Brent Arndt Energy Plus Homes, LLC PO Box 1066 Kodiak, AK 99615 Re: Lot 2, Block 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615 Zoning: RR1 — Rural Residential One Dear Mr. Arndt: This correspondence is directed to you as a courtesy and advisory notice. The Community Development Department has carried out a review of the property file in respect to the development at 'Lot 2, Block 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615. That review revealed the following: 1. No fill is permitted on the property without written authorization from the Army Corps of Engineers. 2. On 10 August 2007 you received an authorization letter from the Department of the Army (DA) to carry out the fill work on the property. a. The authorization permitted two (2) 50' by 50' residential pads (toe-to-toe measurements). b. That authorization was conditional that the jurisdictional determination was valid for five (5) years. c. The authorization was further conditional that you submit a signed certification to the DA once any work and required mitigation are complete. d. The letter further detailed that the verification was valid for 2 (two) years from the date of the letter. It is, therefore, this Department's understanding and the requirements of the DA letter dated 10 August 2007 required that all excavation, fill, and mitigation work on the property be completed by 10 August 2009 and that a signed certification be completed and submitted by you to the DA. This Department believes that the required work,was completed after 10 Aug 2009 and exceeds the maximum stipulated dimensions of two (2) 50' by 50' residential pads (toe-to-toe measurements). Additionally, this Department has no record that certification to the DA has been provided. Page 1 of 2 Accordingly, this Department has requested that the Building Official issue a Stop Work Order for the property described as: Lot 2, Block- 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615. You are requested to contact the Department of the Army (U.S. Army Engineering District, Alaska) in respect to this matter and provide this Department with an approval letter from the DA before any work may be allowed to continue. Your recognition of, and attention to, these requirements are appreciated. Please feel free to contact me at (907) 486-9364 with any questions or concerns you may have regarding this correspondence. Thank You, Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Planning & Zoning Commission Regulatory Division, U.S. Army Engineering District, Alaska Page 2 of 2 • , • BUILDING INSPECTOR REPORT CITY, OF KODIAK KODIAK ISLAND BOROUGH 710 MILL BAY ROAD Room 208 TELEPHONE: (907) 486-8070 (907) 486-8072 DATE REPORT NO. MIPM111141%!•••4! r ' - ONE NAME ILA wiar■ Ap STREET ADDRESS • 41. LOT(S) 7.—...„ BLOCK SUBDIVISION COMMENTS: CD wir PROBLEM . • t V itiliAMMI na. •-.7..' . A / . 1 g. AM ri 1 t le , r 1 fei y ' I CORRECTIONS NEEDED: ' • ACKNOWLEDGE RECEIPT OF REPORT BY SIGNING DATE INSPECTOR DATE 5 February 2014 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 =9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 70070220000144238295 Mr. Brent Arndt Energy Plus Homes, LLC PO Box 1066 Kodiak, AK 99615 Re: Lot 2, Block 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615 Zoning: RR1 — Rural Residential One Dear Mr. Arndt: This correspondence is directed to you as a courtesy and advisory notice. The Community Development Department has carried out a review of the property file in respect to the development at Lot 2, Block 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615. That review revealed the following: 1. No fill is permitted on the property without written authorization from the Army Corps of Engineers. 2. On 10 August 2007 you received an authorization letter from the Department of the Army (DA) to carry out the fill work on the property. a. The authorization permitted two (2) 50' by 50' residential pads (toe -to -toe measurements). b. That authorization was conditional that the jurisdictional determination was valid for five (5) years. c. The authorization was further conditional that you submit a signed certification to the DA once any work and required mitigation are complete. d. The letter further detailed that the verification was valid for 2 (two) years from the date of the letter. It is, therefore, this Department's understanding that the requirements of the DA letter dated 10 August 2007 required that all excavation, fill, and mitigation work on the property be completed by 10 August 2009 and that a signed certification be completed and submitted by you to the DA. This Department believes that the required work was completed after 10 Aug 2009 and exceeds the maximum stipulated dimensions of two. (2) 50' by 50' residential pads (toe -to -toe measurements). Additionally, this Department has no record that certification to the DA has been provided. Page 1 of 2 Accordingly, this Department has requested that the Building Official issue a Stop Work Order for the property described as: Lot 2, Block 7, Elementary Heights Subdivision, 3898 Otmeloi Way, Kodiak AK 99615. You are requested to contact the Department of the Army (U.S. Army Engineering District, Alaska) in respect to this matter and provide this Department with an approval letter from the DA before any work may be allowed to continue. Your recognition of, and attention to, these requirements are appreciated. Please feel free to contact me at (907) 486-9364 with any questions or concerns you may have regarding this correspondence. Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Planning & Zoning Commission Regulatory Division, U.S. Army Engineering District, Alaska Page 2 of 2