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LAKESIDE 2ND LT 2A - Similar Use Determination
s BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEA BY THE KODIAK ISLAND BOROUGH BOARD OF AJU COMMUNITY DEVELOPMENT DEPARTMENT JUL 1 2 2010 ON REFERRAL Le In the Matter of ) Kodiak Island Borough Engineering & Facilities ) ) OAH No. 10-0321-MUN Agency No. 10-016 NOTICE OF ASSIGNMENT On July 1, 2010, the Kodiak Island Borough referred the above -referenced matter to the Office of Administrative Hearings (OAH). Administrative Law Judge Jeffrey A. Friedman of OAH's Anchorage office is hereby assigned to this matter. The provisions of title 17, chapter 225 of the Kodiak Island Borough (KM) municipal code apply to the hearing of this matter. Because the Kodiak Island Borough Engineering & Facilities Department is the appellant, the administrative law judge will hear this matter and be the final decisionmaker. Documents filed by a party in this matter should refer to OAH No. 10-0321-MUN and should be directed to Administrative Law Judge Friedman's attention at the following address: Office of Administrative Hearings 550 W. 7th Ave., Ste. 1600 Anchorage, AK 99501 Facsimile filings or communications may be allowed in the discretion of the Administrative Law Judge. Telephone the office at 907-269-8170 to request permission to send materials by facsimile. If any party willbe represented by an attorney in this matter, the attomey should file an entry of appearance document at the above OAH address and serve a copy of that document on the other parties as soon as possible. DATED this 7th day of July, 2010. B y: I-• Terry L. ' :turbon 7 Chief Administrative Law Judge The undersigned certifies that on July , 2010, this Notice of Assignment was mailed to the following: Woody Koning, director, Kodiak Island Borough Engineering & Facilities Dept; Rick Gifford, Kodiak Island Borough Manager: B. Cassidy, Kodiak Island Borough Planning & Zoning Commission Ne Roberts Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: June 1, 2010 MEMO TO: Planning and Zoning Commissioners FROM: Nova M. Javier, MMC RE: Appeal Filed on Case No. 10- • KIBC 17.225.050(A) states: "Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal." This is to inform you that an appeal has been submitted to the Board of Adjustment appealing. your decision on: Case No. 10-016. Denial of a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. The appellant is the Kodiak Island Borough. The location is 2647 Selief Lane - Lakeside Subdivision, 2nd Addition, Lot 2A and the zoning is PL -Public Use Lands. Attached is a copy of the appeal letter submitted by Engineering and Facilities Director Woody Koning. The appeal hearing has not been scheduled yet. I will advise you at a later date once it is set. Attachment: Appeal Letter Cc: CDD Director Secretary 2 Memo to P&ZC APPEAL APPLICATION KIBC 17.225.030 - A written decision of the Commission granting or deny ngzappjoy� der requirements of this title may be appealed by: � f� lin 1 1i s �r-- (1) Applicant --- __VIII. (2) any person who was sent a written notice (Commission level) or (3) submitted timely written comments before the Commission or - -I MAY 2 8 2010 , �j I (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above, please state the reason why you a Appellant(s) (print): (e4)11PK (Sf-a4 Et4tr,t 2,bigfRac1L('r-t6S Signature(s): ' gigiCergll OFFICE Mailing address: tO rpt t LL ex (c - Phone: wk:c}hm: Cell: fax: E-mail 144r rr %f fatsak . LA'S Date: 5 -da* IO Case/Decision of the Commission that you are appealing: CASE t0-d(Co - SfMtL44 NSE pcTE 4(nC6+%710t4 /Wp a Norrtbt4f. Lit sg PGRNurr Provide the physical address, property owner, and property I.D. # related to the Case/Decision that you are appealing: 2647- S LIEF (J$t / C_AkF_st 7 %(-18D•, Za .6 ,1701, t 1t us/ -2A Specifically state the grounds for the appeal: ¢.F- ATTAc'1l IENCT You may state the relief being sought: RS P s £ & (4e4L o You may use a separate sheet if you need more space. If you are not going to use this form, please make sure that the notice you are going to submit is in compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 May 27, 2010 - Nova Javier, Borough Clerk 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9343 Fax (907) 486-9394 email: wkoning®kodiakak.us RE: Planning. and Zoning Case 10-016 appeal Dear Ms. Javier: MAY 28 2010 BOROUGH CLERK'S OFFICE Kodiak Island Borough Engineering and Facilities Department is hereby appealing the ruling to deny requested Similar Use Agreement Determination and issuance of a Conditional Use Permit made by the Planning and Zoning Commission at their regular meeting on March 17, 2010. The attachment includes arguments in support of reversing the P&Z ruling. Thank you for your timely action on this matter. Sincerely, WoU6y Koning, Director CC: Rick Gifford Ken Smith 1 Arguments favoring reversal of denial ruling: The question before the Board of Adjustment is: Was the Planning and Zoning Commission's ruling to deny theapplicant's request for a similar use determination made correctly in accordance with MB Code 17.15.090, and are the facts found relevant and convincing in support of their decision? On January 20, 2010 The Kodiak Island Borough Engineering Facilities Department (KIBEF) submitted an application for a Similar Use Detumination (KIBC 17.15.090) and a Conditional Use Permit (KIBC 17.200) to the Community Development Department, which was at that time identified as case number 10-06. On March 17, 2010 the Planning Zoning Commission denied a request for the Similar Use Detu uiination. The Commission ruled that passive remediation and storage of fully enclosed contaminated soil is not a use similar in character and impact to a governmental maintenance and service facility and storage yard (KIBC 17.130.030). This case brought to the commission a request to judge the similarity between two land uses in terms of zoning. This case is not asking the Commission to make planning decisions for the future development of this site. Rather this case is asking a very specific zoning question i.e. is the proposed use similar in character and impact to a listed conditional use that is allowed in the zoning district. Only four commissioners were in attendance at the regular P&Z meeting of March 17, 2010, and four affirmative votes are required to approve the request. During the public hearing all of the public testimony was irrelevant to the question of this case, The content of the oral remarks ranged from amateur opinions predicting that the process will fail to bio -remediate the contaminant to "not in my back yard" language regarding desires for developing recreational facilities on the site in the future. At the close of the public hearing the discussion among commissioners was split. The comments of two commissioners correctly citied the appropriate zoning codes and compared the similarities in character and impact of the proposed use to the listed conditional use allowed in the PL Public Land Use zoning district. The comments of the other two commissioners cited mostly the nearby ball park and future plans for the property i.e. the concept to develop another ball field on the site in the future. The request failed 2-2. Findings of Fact must be established prior to appealing the Commission's ruling. Findings of Fact for this case were not published until May 13, 2010. 1 will demonstrate below how all the facts found to justify the Commission's decision in this case are either irrelevant to the question, without basis, or factually incorrect. Finding of Fact #1- The denial of this similar use determination is based upon the information contained in the staff report and upon timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. During the regular meeting Community Development Department staff presented a detailed oral and written explanation justifying the recommendation to approve the request. The following are excerpts from the written staff report. "Due to the fact that the soil remediation use does not involve thermal desorption (i.e. heating/buming) methods as part of the remediation process, staff believes this request is an equivalent use similar to a government maintenance facility. As indicated in the 2 petitioner's submittal, the contaminated soil will be stored on Lot 2A temporarily, in accordance with ADEC requirements, and in cells very similar to the ones currently located on the high school site." In the analysis of similar use the staff report refers the "development dictionary" for the definition of similar in character and impact. "Although not named criterion in the similar use procedure, staff believes that these two criteria, taken together, speak to the compatibility of the land use in surrounding land use context." "Interestingly, staff notes that there is evidence of equipment storage and maintenance on the lots across the street from the proposed site (Tract A and Lot 7, Industrial Park Subdivision)." "The proposed use is largely one of contaminated soil storage (subject to ADEC regulations and monitoring) with occasional aeration of the stored soils. Given the passive nature of the use, the location and size of the site, and the level of risk involved with handling the material, staff believes this use is similar to the government maintenance and service facility and storage yard use listed in the PL -Public Use Land zoning district." RECOMMENDATION "Staff recommends that the proposed storage and occasional aeration of contaminated soil is similar in both character and impact to a government maintenance and service facility and to limit the use." Finding of Fact #2- The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL -Public Use Land zoning District. This is a statement with no supporting reasoning or evidence, and is therefore without basis. Finding of Fact #3- Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses In the area and other uses allowed in the PL -Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the MB CIP by the Parks and Recreation Committee, make this site incompatible with the proposed use. This statement and the public testimony it is based upon fails to address the question of similar use, and is therefore irrelevant to the case. None of the public testimony spoke to similar use, but rather property values, future plans for the site, and proximities to other uses. Incidentally, the short tern and temporary nature of this project does not conflict with any development plans for this site. Finding of Fact #4- There has been considerable work done by the City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. Again, this statement is irrelevant to the question at hand i.e. similar use determination. However, the KIB EF Department maintains an effective partnership with the city Parks and Recreation Department to assist and support their efforts to operate and maintain valuable recreation facilities for community users. This temporary project will have no impact on current recreational operations or future recreation facility development. Finding of Fact #5- Although this is an industrial area, the proximity to residential use, public use, (baseball fields), and shopping centers does not lend itself to the reclamation of contaminated soils. This irrelevant statement does not address the question of similarity to the conditional use. Finding of Fact #6 -There are other areas in the borough that have been zoned and/or approved for soil reclamation. This statement provides no evidence or reference to facts for basis, and is simply not factual. No zoning district in KIBC Title 17 lists storage of contaminated soils as a permitted or conditional use, and therefore prohibited without a Similar Use Determination by the Planning and Zoning Commission (KIB 17.15.080). The roles of the Planning and Zoning Commission are varied. They are charged with performing the difficult and thoughtful duty of planning our community and enforcing existing zoning ordinances among other duties. Case 10-016 is a zoning case pure and simple. This case has nothing to do with future planning. This case is about ruling on similar land uses, and not about future plans for this property. The Commission failed to focus on its very specific duty in this case, and that is to rule on whether the proposed use is similar in character and impact to the allowed uses listed in the zoning district. While The Planning and Zoning Commission fills an important role in planning the future uses of borough property, future planning concepts are irrelevant to this particular case. On March 17, 2010 two commissioners failed to understand the Commission's specific role in this case resulting in their failure to focus on the question before them. The facts found by the Commission to support its denial ruling are either irrelevant to the question of similarity of use, baseless, or not factual. The stockpiled soil must be moved from its existing location as it is in direct conflict with the construction of the new Kodiak High School project, which is the largest construction project in KIB history. Alternative sites are being explored by KIBEF. Currently transporting the soils off - island for processing is estimated to cost KIB $881,000. Additionally, KIBEF received the attached ADEC letter recently requesting that the soil be moved to the proposed site as soon as possible, or make immediate arrangements to move the soil off -island. A ruling to grant the Similar Use Determination and Conditional Use Permit is clearly the only correct decision in terms of zoning definitions and maximum benefit to public resources. 4 DEPT. OF ENVIRONMENTAL CONSERVATION 1 DIVISION OF SPILL PREVENTION AND RESPONSE / CONTAMINATED SITES PROGRAM May 21, 2010 Mr. Kenneth Smith, P.E. Kodiak Island Borough Engineering & Facilities Dept. 710 Mill Bay Road Kodiak, AK 99615 r SEAN PARNELL, GOVERNOR 555 Cordova Street Anchorage, AK 99501 PHONE: (907) 269-3057 FAX: (907) 269-7649 www.dec.state.ak.us File: 2601.38.106 Re: Status Update, Transfer from PERP & Cost Recovery; Kodiak High School Heating Oil Tank (HOT); Hazard ID 4635 Dear Mr. Smith: This letter is to update you on the regulatory status of the Kodiak High School HOT and to inform you of DEC's cost recovery procedures. This site is now being managed by the Contaminated Sites Program after being transferred from the Spill Prevention and Response Program. All project correspondence should be sent to me at the address above. After reviewing the site history and information contained in the project file, I would like to provide you with the following summary regarding the regulatory status of this contaminated site: 1. Due to the shallow nature of the bedrock at the site, I do not think a groundwater investigation is warranted at this time. Future activities at the site must include a drinking water well survey to determine if drinking water wells maybe present in a location that could be impacted by the remaining contamination at the site, If so, additional characterization of groundwater may be required. 2. Because soil contamination remains at the High School, any future closure decision at this site will necessarily be accompanied by Institutional Controls including but not limited to a Deed Notice, Excavation/Soil Handling Requirements, and Land Use Reporting. If Kodiak Island Borough is interested in pursuing a closure without restrictions, additional excavation will be required. 3. The presence of the 5 stockpiles remaining at the High School is unacceptable; and in violation of State Regulations 1S AAC 75.370 regarding the duration of time stockpiles are permitted to remain onsite. DEC requests that these stockpiles be moved as soon as possible to the location detailed in the June 2009 Contaminated Soil Stockpile Work . Plan, Lot 2a, Lakeside Subdivision 4. This lot is an acceptable location to conduct soil treatment using landfarming. This .approach is a relatively low cost treatment option that would address the Departments CASPAR'SPAR{5U8 Case Files (Contaminated Sites)12601 Kodiak12601.28.106 Kodiak High School HOTXodink 115 lean PRP.docz Kenneth Smith 2 May 21, 2010 remaining concerns about these stockpiles. DEC strongly recommends that the 5 stockpiles located at the High School be transported to Lot 2a for landfarming as soon as possible so as to take advantage of the current treatment season. This activity would require a DEC -approved Iandfarming work plan that can be submitted to me for review and approval. 5. If landfarming is not a viable treatment option for the Kodiak Island Borough, please make immediate arrangements to have this soil transported to a DEC- approved thermal desorption facility for treatment. Regarding ADEC's cost recovery procedures, Alaska Statutes 46.03.760, 46.03.822 and 46.08.070 establish cost recovery procedures for certain costs, including oversight activities, incurred by the State in responding to pollution incidents. If you are detel trained to be a responsible or liable party, ADEC may bill you at a later date for our expenditures associated with this pollution incident. Expenses for which we may seek reimbursement include: staff time associated with general or technical assistance; work plan review; project oversight; general project management; legal services; interest; travel; equipment and supplies; and any contracting costs. Pursuant to Alaska Statute 46.08.075, the state may also file liens against all property owned by a person who is responsible or liable for State expenditures. Please contact me if you have any questions. I can be reached at 907-269-3057 or by email at bill.oconne110,alaska.nov. inter/ Wi Environrnen al 'rogram Specialist Cc: Natalie Lawrence, DOL Stacy Gullufsen, RFA Veris Lunasin, RFA Kodiak Island Borough Journal Edit Listing Journal Reclassification Department Number Type Sub Ledger G/L.Date Description Source Reference Journal Type 120 - Finance 2010-00000827 JE GL 05/282010 P&Z APPEAL BY E/F CASE 10-016 GM.. Date G/L Account Number Account Description Description Source Debit Amount Credit Amount 05/28/2010 410-549 452.140 05282010 100-000 322.200 05282010 100 101.100 05282010 410 101.100 Design Services P&Z APPEAL BY E/F Project: 09012.5 - Phase 11 K1 -IS Soil Remediation (410-549), Design Services P & Z Review Fee Cash In Bank -Wells Fargo Cash In Bank -Wells Fargo 350.00 P&2 APPEAL BY E/F 350.00 P&2 APPEAL BY E/F 350.00 P&Z APPEAL 13Y E/F 350.00 Number of Entries: 4 5700.00 8700.00 User: Marilyn Ordal Pages` 1 of 1 5/28/2010 3:43:03 PM Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: May 28, 2010 MEMO TO: Bud Cassidy, CDD Director FROM: Marylynn McFarland Nova M. Javier, MM err\ RE: Preparation of Appeal Record for Case 10-016 Attached is an appeal to the Board of Adjustment of the Planning and Zoning Commission's decision on Case No. 10-016. The appeal was submitted by Director of Engineering and Facilities, Woody Koning. Please prepare the appeal record pursuant to Kodiak Island Borough Code Title 17 and submit it to this office by June 14, 2010. KIBC 17.225.050C: "The appeal records shall be completed within ten (10) working days of filing of appeal.The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission." Also, please supply a list of the names and addresses of each person who is entitled to a notice of the original commission proceeding. Thank you. \\Dove\borough\CL\BC-03 - LAND USE APPEALSTY2010\ENGINEERING FACILITIES CONDITIONAL USE PERMITAPFEALM Memo to CDD.docx APPEAL APPLICATION KIBC 17.225.030 - A written decision of the Commission granting or deny requirements of this title may be appealed by: (1) Applicant (2) any person who was sent a written notice (Commission level) or (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above, please state the reason why you ar tderttt1 Appellant(s) (print): (ck5t 4c $Sf tD Fez o�tc W alatt-t SFR&big#RAC( Ler-t Signature(s): MAY 282010 IL Olaf Gt?Ct OFFICE Mailing address: rq M (LL tfa4Y Phone: wk: 'R3433hm: Cell: E-mail 1046cxt Date: 5-23, fax: Case/Decision of the Commission that you are appealing: CASE tc7-Oi ' - S(N((LAR-•t.i56 DETE}.M(t1A.Tt04 ANp ctN.ptTter(AL cast l EtCt.t (T Provide the physical address, property owner, and property I.D. # related to the Case/Decision that you are appealing: 2G47- SEL(EF LLit4.5 l LAk5 (S S4-4151:).1 Z.$? AW4 rEircii LOT 2.4 Specifically state the grounds for the appeal: SEa ATrAc pc1ENtT" You may state the relief being sought: R'-/ERSE Pias G&(LAL of DETERM(t(ATi*t A.t-(c A.PPRoxiE Gzl4(>(TeM4AL MSE' FERt-tflt You may use a separate sheet if you need more space. If you are not going to use this form, please make sure that the notice you are going to submit is in compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 May 27, 2010 Nova Javier, Borough Clerk 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9343 Fax (907) 486-9394 email: wkoning@kodiakak.us RE: Planning and Zoning Case 10-016 appeal Dear Ms. Javier: u ' MAY 28 2010 L 1 BOROUGH CLERK'S OFFICE Kodiak Island Borough Engineering and Facilities Department is hereby appealing the ruling to deny requested Similar Use Agreement Determination and issuance of a Conditional Use Permit made by the Planning and Zoning Commission at their regular meeting on March 17, 2010. The attachment includes arguments in support of reversing the P&Z ruling. Thank you for your timely action on this matter. Sincerely, y Koning, Director CC: Rick Gifford Ken Smith Arguments favoring reversal of denial ruling: The question before the Board of Adjustment is: Was the Planning and Zoning Commission's ruling to deny the applicant's request for a similar use determination made correctly in accordance with HIB Code 17.15.090, and are the facts found relevant and convincing in support of their decision? On January 20, 2010 The Kodiak Island Borough Engineering Facilities Department (KIBEF) submitted an application for a Similar Use Determination (KIBC 17.15.090) and a Conditional Use Permit (KIBC 17.200) to the Community Development Department, which was at that time identified as case number 10-06. On March 17, 2010 the Planning Zoning Commission denied a request for the Similar Use Determination. The Commission ruled that passive remediation and storage of fully enclosed contaminated soil is not a use similar in character and impact to a governmental maintenance and service facility and storage yard (KIBC 17.130.030). This case brought to the commission a request to judge the similarity between two land uses in terms of zoning. This case is not asking the Commission to make planning decisions for the future development of this site. Rather this case is asking a very specific zoning question i.e. is the proposed use similar in character and impact to a listed conditional use that is allowed in the zoning district. Only four commissioners were in attendance at the regular P&Z meeting of March 17, 2010, and four affirmative votes are required to approve the request. During the public hearing all of the public testimony was irrelevant to the question of this case. The content of the oral remarks ranged from amateur opinions predicting that the process will fail to bio -remediate the contaminant to "not in my back yard" language regarding desires for developing recreational facilities on the site in the future. At the close of the public hearing the discussion among commissioners was split. The comments of two commissioners correctly citied the appropriate zoning codes and compared the similarities in character and impact of the proposed use to the listed conditional use allowed in the PL Public Land Use zoning district. The comments of the other two commissioners cited mostly the nearby ball park and future plans for the property i.e. the concept to develop another ball field on the site in the future. The request failed 2-2. Findings of Fact must be established prior to appealing the Commission's ruling. Findings of Fact for this case were not published until May 13, 2010.1 will demonstrate below how all the facts found to justify the Commission's decision in this case are either irrelevant to the question, without basis, or factually incorrect. Finding of Fact #1- The denial of this similar use determination is based upon the information contained in the staff report and upon timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. During the regular meeting Community Development Department staff presented a detailed oral and written explanation justifying the recommendation to approve the request. The following are excerpts from the written staff report. "Due to the fact that the soil remediation use does not involve thermal desorption (i.e. heating/burning) methods as part of the remediation process, staff believes this request is an equivalent use similar to a government maintenance facility. As indicated in the 2 petitioner's submittal, the contaminated soil will be stored on Lot 2A temporarily, in accordance with ADEC requirements, and in cells very similar to the ones currently located on the high school site." In the analysis of similar use the staff report refers the "development dictionary" for the definition of similar in character and impact. "Although not named criterion in the similar use procedure, staff believes that these two criteria, taken together, speak to the compatibility of the land use in surrounding land use context." "Interestingly, staff notes that there is evidence of equipment storage and maintenance on the lots across the street from the proposed site (Tract A and Lot 7, Industrial Park Subdivision)." "The proposed use is largely one of contaminated soil storage (subject to ADEC regulations and monitoring) with occasional aeration of the stored soils. Given the passive nature of the use, the location and size of the site, and the level of risk involved with handling the material, staff believes this use is similar to the government maintenance and service facility and storage yard use listed in the PL -Public Use Land zoning district." RECOMMENDATION "Staff recommends that the proposed storage and occasional aeration of contaminated soil is similar in both character and impact to a government maintenance and service facility and to limit the use." Finding of Fact #2- The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL -Public Use Land zoning District. This is a statement with no supporting reasoning or evidence, and is therefore without basis. Finding of Fact #3- Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses in the area and other uses allowed in the PL -Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the KIB CIP by the Parks and Recreation Committee, make this site incompatible with the proposed use. This statement and the public testimony it is based upon fails to address the question of similar use, and is therefore irrelevant to the case. None of the public testimony spoke to similar use, but rather property values, future plans for the site, and proximities to other uses. Incidentally, the short term and temporary nature of this project does not conflict with any development plans for this site. Finding of Fact #4- There has been considerable work done by the City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. Again, this statement is irrelevant to the question at hand i.e. similar use determination. However, the KIB EF Department maintains an effective partnership with the city Parks and Recreation Depth intent to assist and support their efforts to operate and maintain valuable recreation facilities for community users. This temporary project will have no impact on current recreational operations or future recreation facility development. Finding of Fact #5- Although this is an industrial area, the proximity to residential use, public use, (baseball fields), and shopping centers does not lend itself to the reclamation of' contaminated soils. This irrelevant statement does not address the question of similarity to the conditional use. Finding of Fact #6 -There are other areas in the borough that have been zoned and/or approved for soil reclamation. This statement provides no evidence or reference to facts for basis, and is simply not factual. No zoning district in KIBC Title 17 lists storage of contaminated soils as a permitted or conditional use, and therefore prohibited without a Similar Use Determination by the Planning and Zoning Commission (KIB 17.15.080). The roles of the Planning and Zoning Commission are varied. They are charged with performing the difficult and thoughtful duty of planning our community and enforcing existing zoning ordinances among other duties. Case 10-016 is a zoning case pure and simple. This case has nothing to do with future planning. This case is about ruling on similar land uses, and not about future plans for this property. The Commission failed to focus on its very specific duty in this case, and that is to rule on whether the proposed use is similar in character and impact to the allowed uses listed in the zoning district. While The Planning and Zoning Commission fills an important role in planning the future uses of borough property, future planning concepts are irrelevant to this particular case. On March 17, 2010 two commissioners failed to understand the Commission's specific role in this case resulting in their failure to focus on the question before them. The facts found by the Commission to support its denial ruling are either irrelevant to the question of similarity of use, baseless, or not factual. The stockpiled soil must be moved from its existing location as it is in direct conflict with the construction of the new Kodiak High School project, which is the largest construction project in KIB history. Alternative sites are being explored by KIBEF. Currently transporting the soils off - island for processing is estimated to cost KIB $881,000. Additionally, KIBEF received the attached ADEC letter recently requesting that the soil be moved to the proposed site as soon as possible, or make immediate arrangements to move the soil off -island. A ruling to grant the Similar Use Determination and Conditional Use Permit is clearly the only correct decision in terms of zoning definitions and maximum benefit to public resources. 4 [TO 'ZZA r: DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF SPILL PREVENTION AND RESPONSE CONTAMINATED SITES PROGRAM Mr. Kenneth Smith, P.E. Kodiak Island Borough Engineering & Facilities Dept. 710 Mill Bay Road Kodiak, AK 99615 May 21, 2010 SEAN PARNELL, GOVERNOR 555 Cordova Street Anchorage, AK 99501 PHONE: (907) 269-3057 FAX: (907) 269-7649 www.dec.state.ak.us File: 2601.38.106 Re: Status Update, Transfer from PERP & Cost Recovery; Kodiak High School Heating Oil Tank (HOT); Hazard ID 4635 Dear Mr. Smith: This letter is to update you on the regulatory status of the Kodiak High School HOT and to inform you of DEC's cost recovery procedures. This site is now being managed by the Contaminated Sites Program after being transferred from the Spill Prevention and Response Program. All project correspondence should be sent to me at the address above. After reviewing the site history and information contained in the project file, I would like to provide you with the following summary regarding the regulatory status of this contaminated site: 1. Due to the shallow nature of' the bedrock at the site, I do not think a groundwater investigation is warranted at this time. Future activities at the site must include a drinking water well survey to determine if drinking water wells may be present in a location that could be impacted by the remaining contamination at the site. If so, additional characterization of groundwater may be required. 2. Because soil contamination remains at the High School, any future closure decision at this site will necessarily be accompanied by Institutional Controls including but not limited to a Deed Notice, Excavation/Soil Handling Requirements, and Land Use Reporting. If Kodiak Island Borough is interested in pursuing a closure without restrictions, additional excavation will be required. 3. The presence of the 5 stockpiles remaining at the High School is unacceptable; and in violation of State Regulations 18 AAC 75.370 regarding the duration of time stockpiles are permitted to remain onsite. DEC requests that these stockpiles be moved as soon as possible to the location detailed in the June 2009 Contaminated Soil Stockpile Work Plan, Lot 2a, Lakeside Subdivision 4. This lot is an acceptable location to conduct soil treatment using landfarming. This .approach is a relatively low cost treatment option that would address the Departments G:\SPAR\SPAR-CS135 Case Files (Contaminaled Siles)t2601 Kodiak12601.3L 106 Kodiak High School HOTKodiak HS Iettn PRP.docs f.�r Prim•. 1 dr; No.. cbd "3r. Kenneth Smith 2 May 21, 2010 remaining concerns about these stockpiles. DEC strongly recommends that the 5 stockpiles located at the High School be transported to Lot 2a for landfarming as soon as possible so as to take advantage of the current treatment season. This activity would require a DEC -approved landfarming work plan that can be submitted to me for review and approval. 5. If landfarming is not a viable treatment option for the Kodiak Island Borough, please make immediate arrangements to have this soil transported to a DEC- approved thermal desorption facility for treatment. Regarding ADEC's cost recovery procedures, Alaska Statutes 46.03.760, 46.03.822 and 46.08.070 establish cost recovery procedures for certain costs, including oversight activities, incurred by the State in responding to pollution incidents. If you are determined to be a responsible or liable party, ADEC may bill you at a later date for our expenditures associated with this pollution incident. Expenses for which we may seek reimbursement include: staff time associated with general or technical assistance; work plan review; project oversight; general project management; legal services; interest; travel; equipment and supplies; and any contracting costs. Pursuant to Alaska Statute 46.08.075, the state may also file liens against all property owned by a person who is responsible or liable for State expenditures. Please contact me if you have any questions. I can be reached at 907-269-3057 or by email at bill.oconne111?a,alaska.pov. Cc: Natalie Lawrence, DOL Stacy Gullufsen, RFA Voris Lunasin, RFA al rogram Specialist Kodiak Island Borough Journal Edit Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type 120 - Finance 2010-00000827 JE GL 05/28/2010 P&Z APPEAL BY E/F CASE 10-016 G/L Date G/L Account Number Account Description Description Source Debit Amount Credit Amount 05/28/2010 410-549 452.140 05/28/2010 100-000 322.200 0528/2010 100 101.100 05/28/2010 410 101.100 Design Services P&Z APPEAL BY E/F Project: 09012.5 - Phase 11 ]GEIS Soil Remediation (410-549), Design Services P & Z Review Fee Cash In Bank -Wells Fargo Cash In Bank -Wells Fargo 350.00 P&Z APPEAL BY E/F 350.00 P&Z APPEAL BY EJF 350.00 P&Z APPEAL BY E/F 350.00 Number of Entries: 4 5700.00 $700.00 User: Marilyn Ordal Pages: 1 of 1 5/28/2010 3:43:03 PM Marilyn Ordal From: Cassandra Juenger Sent: Friday, May 28, 2010 3:17 PM To: Marilyn Ordal Subject: FW: Appeal to Assembly - $350.00 JE Needed Attachments: Message from KMBT_C552 Importance: High From: Mary Barber Sent: Friday, May 28, 2010 3:07 PM To: Cassandra Juenger Cc: Woody Koning Subject: Appeal to Assembly - $350.00 JE Needed Importance: High Hi Cassandra, E/F needs to appeal a decision of P&Z to the Assembly. The cost is $350 and the project to expense the funds from is: 410-549-452-140-09012.5 Phase II KHS Soil Remediation. I've attached a copy of the appeal request. Let me know if you need anything further and when it's done. Thanks. Mary J. Barber Engineering Sr Facilities Kodiak Island Borough (907) 486-9343 / (907) 486-9394 fax mbarber@kodiakak.us. app actio 3.poo APPEAL APPLICATION KIBC 17.225.030 - A written decision of the Commission granting or denying approval under the requirements of this title may be appealed by: (1) Applicant (2) any person who was sent a written notice (Commission level) or (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above, please state the reason why you are entitled to appeal: Appellant(s) (print): a tsf lD e3t4 H Ef it-tEER t1�f F-,? t`('i`lES Signature(s): Mailing address: Phone: wk:Aa-q 'hm: Cell: fax: E-mail 1&A�c�tzrrr iatSak.�d5 Date: 5-281- 10 Case/Decision of the Commission that you are appealing: CASE (0^ K. - GOA lffl . L(SE C?ETEVIA( n(CTtot& At1c>sC'ol'DrnbFCAL ct5Ft.(Vtrr' Provide the physical address, property owner, and property I.D. # related to the Case/Decision that you are appealing: 2c.47 SELIEF ( t-rE r fes- [Dl= %qeD., zt°. Marr It iQT 2A Specifically state the grounds for the appeal: S AtrACp J tENt r You may state the relief being sought: REQ l�R�� P4 --a s Dr=“ (AL of SV -It LAR- US's' GgrcgM(t .'T(*t tLrtc A.f PtzbVE Ctx4(2)(T-••3KCAL USE F ERL~l(T. You may use a separate sheet if you need more space. If you are not going to use this form, please make sure that the notice you are going to submit is in compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 t A. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. B. Same as for A. OLD BUSINESS A) Case 10-016. Adopt findings of fact in support of the commission's denial of a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. The applicant is the Kodiak Island Borough. The location is 2647 Selief Lane - Lakeside Subdivision, 2n° Addition, Lot 2A and the zoning is PL -Public Use Lands. Dvorak stated the commission denied this request in March and it was inadvertently omitted from the April agenda where you would have adopted the findings of fact. Staff did recommend approval on that case so the denial requires the commission to develop their own findings of fact. Staff heard from 2 commissioners on recommended findings and staff has attempted to draft findings based on that input. COMMISSIONER JANZ stated she wanted to add under the CUP to support 2 items out of the Borough Strategic Plan. COMMISSIONER TORRES MOVED to adopt "Findings of Fact" for this case. in support of denial for a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soils, as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use, per KIBC 17.130.030. Discussion FINDINGS OF FACT 1. The denial of this similar use determination is based upon the information contained in the staff report and upon the timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. 2. The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL -Public Use Land zoning district. 3. Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses in the area and other uses allowed in the PL -Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the KIB CIP by the Parks & Recreation Committee, make this site incompatible with the proposed use. 4. There has been considerable work done by City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. 5. Although this is an industrial area, the proximity to residential use, public use, (Le. baseball fields), and shopping centers does not lend itself to the reclamation of contaminated soils. May 12, 2010 P&Z Special Meeting Minutes Page 7 of 9 6. There are other areas in the borough that have been zoned and/or approved for soil reclamation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to adopt "Findings of Fact" in support of denial for a conditional use permit (CUP) request, according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2nd Addition. Dvorak stated this is the findings for the conditional use permit. Normally, there are 4 standards for a conditional use permit but for public uses standard #5 is also applicable. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area, The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. The mixed use nature of the area makes this site incompatible with the proposed use for contaminated soil storage and passive remediation activities. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Although the contaminated soil would be enclosed in ADEC approved storage cells, the storage and periodic disturbance of the soils would be incompatible with the surrounding land uses. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The proposed use would be harmful to the public health, safety, convenience or comfort. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed use, even with stipulations attached, cannot be made compatible with the existing pattern of mixed uses in the surrounding area. 5. The proposed use or structure is located in a manner which will maximize public benefits. The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. If the material is required to be moved from its site of origin it should be transported to a more suitable location or shipped off island. Although this is an industrial use area, the proximity to residential use, public use, (i.e.; baseball fields), and shopping centers, does not lend itself to the reclamation of contaminated soil. There are other areas in the borough that have been zoned and/or approved for soil remediation. From the Borough Assembly Strategic Plan under Planning and Zoning Goals and Objectives -Community Development 1. Develop a framework to create a "sustainable community", one that does not focus on the quantity of growth, but the quality of life and balances short term needs of the community with the long term results of development. a) Develop a work plan that addresses the health, safety, and welfare of existing neighborhoods by preventing their physical and economic degradation and May 12, 2010 P&Z Special Meeting Minutes Page 8 of 9 promotes the quality of growth through the revitalization of infrastructure and public areas. From the Kodiak Island Borough Strategic Plan -Parks and Recreation Goals and Objectives 1. Evaluate and identify those lands under Borough ownership that would be appropriate for developed or passive parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions, and d) Retain access to public lands for the enjoyment of all recreation users. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS COMMUNICATIONS REPORTS A) Meeting Schedule • May 19, 2010 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Jay Johnston thanked the commission and staff for the work they have done. COMMISSIONER'S COMMENTS Casey Janz stated the Johnston case was a hard case. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 8:35 pm. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: Dave King, Chair ATTEST By: Sheila Smith APPROVED: June 16, 2010 May 12, 2010 P&Z Special Meeting Minutes Page 9 of 9 May 13, 2010 Mr. Woody Koning Engineering & Facilities Dept. 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 10-016 Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. Dear Mr. Koning: • The Planning & Zoning Commission, at their regular meeting on March 17, 2010, denied the request referenced above. The commission adopted Findings of Fact at their May 12, 2010 special meeting in support of their. decision. FINDINGS OF FACT - SIMILAR USE DETERMINATION 1. The denial of this similar use determination is based upon the information contained in the staff report and upon the timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. 2. The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL -Public Use Land zoning district. 3. Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses in the area and other uses allowed in the PL - Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the KIB CIP by the Parks & Recreation Committee, make this site incompatible with the proposed use. 4. There has been considerable work done by City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. 5. Although this is an industrial area, the proximity to residential use, public use, (i.e. baseball fields), and shopping centers does not lend itself to the reclamation of contaminated soils. 6. There are other areas in the borough that have been zoned and/or approved for soil reclamation. FINDINGS OF FACT — CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. The mixed use nature of the area makes this site incompatible with the proposed use for contaminated soil storage and passive remediation activities. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Although the contaminated soil would be enclosed in ADEC approved storage cells, the storage and periodic disturbance of the soils would be incompatible with the surrounding land uses. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The proposed use would be harmful to the public health, safety, convenience or comfort. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed use, even with stipulations attached, cannot be made compatible with the existing pattern of mixed uses in the surrounding area. 5. The proposed use or structure is located in a manner which will maximize public benefits. The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. If the material is required to be moved from its site of origin it should be transported to a more suitable location or shipped off island. Although this is an industrial use area, the proximity to residential use, public use, (i.e.; baseball fields), and shopping centers, does not lend itself to the reclamation of contaminated soil. There are other areas in the borough that have been zoned and/or approved for soil remediation. From the Borough Assembly Strategic Plan under Planning and Zoning Goals and Objectives -Community Development 1. Develop a framework to create a "sustainable community", one that does not focus on the quantity of growth, but the quality of life and balances short term needs of the community with the long term results of development. a) Develop a work plan that addresses the health, safety, and welfare of existing neighborhoods by preventing their physical and economic degradation and promotes the quality of growth through the revitalization of infrastructure and public areas. Page 2 of 3 From the Kodiak Island Borough Strategic Plan -Parks and Recreation Goals and Objectives 1. Evaluate and identify those lands under Borough ownership that would be appropriate for developed or passive parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions, and d) Retain access to public lands for the enjoyment of all recreation users. If you wish to appeal: An appeal of this decision is outlined in KIBC 17.200.080, and may be initiated by any party by filing a written notice of appeal to the Borough Clerk, Nova Javier within twenty (20) consecutive days after adoption of the Findings of Fact. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Should you have any questions about the appeal process please contact the Borough Clerk, Nova Javier at 486-9310. Sincerely, Bud Cassidy, Director- Community Development Department CC: Rick Gifford, Borough Manager Nova Javier, Borough Clerk Page 3 of 3 MEMORANDUM ADOPTION OF FINDINGS DATE: May 6, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 12, 2010 Regular Meeting CASE: 10-016 APPLICANT: Kodiak Island Borough Engineering & Facilities Dept. REQUEST: A Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a govemment maintenance and service facility and storage yard that is conditionally permitted in the PL—Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: PL -Public Use Land Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable: 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan_ The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant.: 17.225.020 POWERS OF THE BOARD. The board of adjustment shall hear and decide: A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning ordinances and building codes; B. Appeals from the decision of the commission on requests for conditional uses;_ _ ;C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as maybe required by_ sections of this title: 17.225.030 PERSONS WHO MAY APPEAL. _ A written decision of the commission granting or denying approval under the_ requirements of this title may be appealed by_ 1 of 105 A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or r gave oral testimony at the public hearing before the commission; 17.215.020 COMMENCEMENTOF APPEAL — STAY. A. A decision of the commission is final unless an appeal of the decision is made within 10 w_ orking days_ after the decision by the commission to- the board of adjustment., B. An appeal is commenced by fling with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. C. The running of the time for filing an appeal from a decision of the commission is terminated by a timely petition for reconsideration, filed in accordance with KIBC 17.225.010. The full time for an appeal begins to run again on the date of the decision of the commission on reconsideration. 17.200.080 APPEALS. The commission's action may be appealed to the assembly by any party. Right of appeal fs forfeited unless the appeal is filed within 20 consecutive days of the commission's decision: COMMENTS The above referenced similar use determination and conditional use permit were denied by the Commission at the March 17, 2010 regular meeting. The adoption of findings was deferred to the next regular meeting agenda but were inadvertently omitted from the April agenda. In order to adopt findings, it is essential for Commissioner's on the prevailing side to summarize their rationale in writing so that staff can prepare draft findings in memorandum format. KIBC 17.15.050 requires the Commission to state the reasons for denial (where specific findings are not prescribed in other relevant code chapters) and to inform the applicant of the avenues of appeal. Two commissioners have provided written fmdings. It was not entirely clear to staff whether these fmdings were intended for the similar use determination or the CUP. As a result, the commission should review this memorandum and the draft findings to ensure that the rationales outline here in draft are indeed consistent with the intentions of the commission prior to adoption of findings. Where the written findings were not specific to certain CUP standards, staff has re- written the findings to support denial and will rely on the commission to further clarify what was intended, if necessary. As noted in prior cases, this review and adoption of findings is not intended to be a further review of the decision in this case, but simply an opportunity to complete the decision by the adoption of findings in support of the decision. The petitioner or an aggrieved party may then consider these findings in terms of whether to appeal or to let the decision stand. 'It is not essential to agree with the findings personally so long as the Commission believes they are reflective of the rationale expressed by the prevailing member(s) of the Commission for this case. 2 of 105 Without the adoption of fmdings the decision remains incomplete. Staff would note that each part of the decision is appealable to the borough assembly, however the similar use determination has a ten (10) working day appeal period and the CUP has a 20 consecutive day appeal period. The appeal periods do not begin until the decision is completed by the adoption of "Findings of Fact". RECOMMENDATION The commission must adopt findings that represent the rationale behind the decisions to deny the similar use determination and conditional use permit as required by borough code and state statute. APPROPRIATE MOTIONS Similar Use Determination Move to adopt "Findings of Fact" for this case. in support of denial for a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of hearing oil (diesel) contaminated soils, as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use, per KIBC 17.130.030. Findings of Fact Proposed findings in support of denial for the above referenced similar use determination are as follows: 1. The denial of this similar use determination is based upon the information contained in the staff report and upon the timely written comments and verbal testimony heard by the commission at the March 17, 2010 regular meeting. 2. The proposed soil storage and passive remediation is not similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard that is a conditional use in the PL -Public Use Land zoning district. 3. Based on public testimony, the proposed use for contaminated soil storage and passive remediation is not compatible with other uses in the area and other uses allowed in the PL -Public Use Land zoning district. In particular, the development of a portion of Lot 2A for parks and recreation use and additional park and recreation improvements recommended in the KIB CIP by the Parks & Recreation Committee, make this site incompatible with the proposed use. 4. There has been considerable work done by City of Kodiak Parks and Recreation Department to maintain and operate the Dark Lake Fields, a further indication of the incompatible nature of the use. 3 of 105 5. Although this is an industrial area, the proximity to residential use, public use, (i.e. baseball fields), and shopping centers does not lend itself to the reclamation of contaminated soils. 6. There are other areasin the borough that have been zoned and/or approved for soil reclamation. Conditional Use Permit Move to adopt "Findings of Fact" in support of denial for a conditional use permit (CUP) request, according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubicyards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2" Addition. Findings of Fact Proposed findings in support of denial for the above referenced conditional use permit (CUP) are as follows: 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. The mixed use nature of the area makes this site incompatible with the proposed use for contaminated soil storage and passive remediation activities. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Although the contaminated soil would be enclosed in ADEC approved storage cells, the storage and periodic disturbance of the soils would be incompatible with the surrounding land uses. 3. That granting the conditional use -permit will not be harmful to the public health. safety, convenience and comfort The proposed use would be harmful to the public health, safety, convenience or comfort. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections,A through C of this section. The proposed use, even with stipulations attached, cannot be made compatible with the existing pattern of mixed uses in the surrounding area. 5. The proposed use or structure is located in a manner which will maximize public benefits. 4 of 105 Old Business Item VU -A The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. If the material is required to be moved from its site of origin it should be transported to a more suitable location or shipped off island. Although this is an industrial use area, the proximity to residential use, public use, (i.e.; baseball fields), and shopping centers, does not lend itself to the reclamation of contaminated soil. There are other areas in the borough that have been zoned andtor approved for soil remediation. Case I0-016/Findings of Fact Page 5 of 5 P & Z: May 12, 2010 5 of 105 7 of 105 Request a Similar Use Determination and Conditional Current Location Use Permit, in accordance with KIBC 17.15.090 2647 Selief Lane (Similar Uses) and KIBC 17.130.030 (Conditional Uses) for store and remediate diesel contaminated soil presently ' Agenda Item VI D stored at the Kodiak High School and that it is similar in & Z Case # 10-016 character to a government maintenance and service facility odiak Island Borough and storage yard that is conditionally permitted in the PL-Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. nap eiliji4 , ‘„.11 YI , t1 <<r.�-�. r wart a. �mai �► one illi I aritib ...� : • ::ice' I mr OM .mo•MW„ -...annwa/ ••AS .. SPI ,�: 161WilfrI IMIL*; ,r4o, , • tA. f•wu•,1111:ipt 0 L.pr 1 kw or —, ```s.. `` 41111 WII 4410.61111111 , 11 _• , 4 I .,� 1 IN 1llilk 4.,t 4 . .0441.4 .'' ,,••i ,,,-.clat*.... z1,-,., Kodiak Island Borough GIS Legend hi- lit 1 Subject Parcel ra `I 700 1,400 2,800 Feet Notification Area S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. 7 of 105 8 of 105 _t: -•, r--,,, Kodiak Island Borough Zoning Map Community Development Department ,. Request: a Similar Use Determination and Conditional User Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to Current Zoning store and remediate diesel contaminated soil presently P & Z Case # 10-016 stored at the Kodiak High School and that is similar in Applicant: character and impact to a government maintenance an Kodiak Island Borough service facility and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivisio 2nd Addition. vorlp 0 280 560 t . . 1.122 Feet Pill . JPO 3 E9� eT .._r�: 84 lir .._ ., P ,,,--,.... am Eli Ilk 'P ' Al *1-4' 0 , .. G. •P , ,,,,- . Irilp ., e ' 1 A.. lailr -.. . attA 1 %% oAhr ifiki , ,s 1 Zoning Legend Business 11 Light Industrial Single Family Residential RetaiI Business Rural Residential 2 Conservation 11 Natural Use Two Family Residential Rural Residential V / Split Lot Zone Industrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borougt- Thts map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333 8 of 105 MEMORANDUM DATE: February 25, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 17, 2010 Regular Meeting CASE: 10-016 APPLICANT: Kodiak Island Borough Engineering & Facilities Dept. REQUEST: A Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL—Public Use Lands zoning district. LOCATION: 2647 Selief Lane – Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: PL -Public Use Land Forty-five (45) public hearing notices were mailed on February 18, 2010. Date of site visit: 1. Zoning History: 2. Lot Size: Lot 2A 3. Existing Land Use: February 25, 2010 The 1968 Comprehensive Plan identifies this area as public or semi-public. The 1976 zoning map indicated this area as being zoned service/recreation at that time. When this area was rezoned to I -Industrial in 1980 by MB Ordinance No. 80-14-0, the motion indicated that it was being rezoned from Unclassified to I—Industrial. Lots 2 and 3, Lakeside Subdivision 2"d Addition were rezoned from I -Industrial and RR1-Rural Residential One to PL -Public Land Use by KIB Ordinance No. 95- 04. 11.92 acres City maintained ball field/vacant 9 of 105 4. Surrounding Land Use and Zoning: North: Lots 1A-3, U.S. Survey 3465 Use: Vacant/Recreation Zoning: PL -Public Use Land South: Lots 1A-1, 1B-3 & 1D, Lakeside Subdivision 2nd Addition Use: Mini -Storage & Caretaker Dwelling (Lot 1A-1); Storage (Lot 1 B-3); Storage (Lot 1 D) Zoning: I -Industrial East: Tract A and Lot 7, Industrial Park Subdivision Lots 6A, 7A, 7B, 7C, 8A & 8B, Block 1, Shahafka Acres Subdivision Use: Outdoor storage, resource extraction (Tract A & Lot 7) Use: Residential (Lots 6A through 8B) Zoning: RB -Retail Business (Tract A & Lot 7); R2 -Two-family Residential (Lots 6A through 8B) West: Lots 1, 5A, 5B and 6, U.S. Survey 3466 Lots 1 through 4, Lake Shore Estates Use: Residential Zoning: RR 1 -Rural Residential One 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for Public Use/Ownership. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. 17.130.010 DESCRIPTION AND INTENT. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. looflo5 17.130.030 CONDITIONAL USES. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; C. Dormitories; D. Governmental maintenance and seri ice facilities and story2e yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. 17.200.050 STANDARDS. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.200.060 STIPULATIONS. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. 17.200.070 ACTION BY PLANNING AND ZONING COMMISSION. The commission shall render a decision on the application for conditional use permits within 30 calendar days from the date of public hearing unless the applicant consents to a postponement. The community development department shall incorporate any conditions and requirements stipulated by the commission in the conditional use permit. An approved conditional use must be permitted within a two-year period to be valid. 11of105 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B-1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. POLICY B-3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. C. Natural Hazards POLICY C-1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re -vegetate with native species for areas where development necessitates removal of vegetation, unless re -vegetation activities would cause more damage. Consistency: Not Applicable. The project location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The project location is not located in a steep slope area or identified as within an erosion hazard area. D. Coastal Habitats and Resources POLICY D-5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable. The project does not involve a wind generation project. 12 of 105 b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the development or construction of an energy facility. H. Recreation POLICY H-1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non -recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable. Although there is an existing ball field on the subject property, the site has not been formally designated for recreational use such as in a designated park sense. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not Applicable. The project is not located on or near a water body. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not Applicable. This is not an area specifically identified or reserved for recreational use under 11 AAC 114.250(c). I. Archaeological and Historic Resources POLICY 1-1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. POLICY 1-2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. 13 of 105 Consistency: Not Applicable. The project is not located within a designated area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(1). K. Mineral Extraction and Processing POLICY K-1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A REQUEST The KIB Engineering & Facilities Department (KIBEFD) is proposing to relocate approximately 1,600 cubic yards of contaminated soil previously excavated and temporarily stockpiled on the Kodiak High School property. This contaminated soil was excavated and stored as an unanticipated result of an underground fuel storage tank replacement project completed in 2007. Once the soils have been relocated, the soils will be uncovered and turned over to aerate the soil periodically as a form of passive remediation. This remediation method relies on natural 14 of 105 bacteria to breakdown the hydrocarbon contaminants and the bacteria require periodic aeration in order to function at optimal efficiency. The total time projected for storage and remediation is expected to take at least two seasons with periodic testing conducted to help determine the effectiveness of the remediation process. Once the soil is considered clean by ADEC standards it will be disposed of either on site or at another location to be determined. Currently there are five (5) contaminated soil stockpiles staged at the high school site, each contained within an individually lined cell. Although contaminated soil stockpiles are not typically permitted in the PL -Public Use Land zoning district, these byproducts of the underground storage tank replacement may be considered to be subsidiary and incidental to the operation of the site just as we would distinguish the large underground storage tank itself from being consider bulk fuel storage as a principal use. Once the material is severed from the site of origination however, it must be addressed under the zoning on the merits of the perceived consistency between the use proposed and the uses allowed in the particular zoning district. In this case, the KIBEFD proposes to relocate and reorganize the contaminated material on Lot 2A, Lakeside Subdivision 2°d Addition. In the process of relocating the contaminated soils, the soils will be field screened and tested by an analytical sampling methodology in order to allow the more contaminated soils to be grouped together and the less contaminated soils to be grouped together. According to the Contaminated Soil Stockpile Work Plan, submitted by TELLUS, Ltd., and dated June 2009, all contaminated soil removed from the Kodiak High School stockpiles will be segregated, transported to and staged at the new (proposed) contaminated soil staging area located at Lot 2A, Lakeside Subdivision (2"d Addition). Upon relocation, the stockpiles will be labeled, covered and secured. After the soil is relocated and the associated analytical results are obtained, efforts will be directed towards reviewing existing soil disposal or treatment options. The contractor indicates that thorough efforts will be made to prevent the escapement of any liquid and/or contaminated soil during the loading and hauling activities involved in relocating the materials. All contaminated soil to be temporarily stockpiled will be placed upon a petroleum resistant liner having a minimum thickness of 20 mil. In addition, all temporary soil stockpiles will be constructed in a way that will not retain water and be in accordance with ADEC's Long -Term Contaminated Soil Stockpiling Requirements as set forth in 18 AAC 78.370). Additional conditions set forth in the proposal are as follows. No contaminated soil will be: Placed within 30 feet of the edge of a gravel pad or native vegetation, Placed within 100 feet of any surface water body, Used for berms or containment structures, or Used to cover/bury any items or debris. All stockpiled soil will have been initially field screened, segregated into lots and preliminarily classified. The soil lots can then be covered with 10 mil, nylon reinforced, plastic top cover. The temporary contaminated soil stockpiles and the surrounding area will be maintained throughout the duration of the project. 15 of 105 Similar Use Determination This case is being presented in two phases based on the nature of the proposed use and the zoning district involved. Similar use determinations are permitted at the Commission's discretion under KIBC 17.15.090. The petitioner, KIB Engineering & Facilities (KIBEFD), has requested a similar use determination to determine that the storage and passive remediation of heating oil (diesel) contaminated soil presently stored at the Kodiak High School is similar in character and impact to a government maintenance and service facility and storage yard which is a conditionally permitted use in the PL -Public Use Zone. As staff has done in previous cases, both the similar use determination and the conditional use permit are being presented in one staff report. However, the Commission should keep in mind that these are two separate decisions, even though it is only one land use request, and that each decision has its own code criteria for review. Staff is presenting the similar use determination first because if, after review, the Commission finds that the proposed use is not similar in character and impact to a government maintenance and service facility and storage yard, then the conditional use permit is largely a moot point. The basic outline of the applicant's request is presented in the preceding section and staff did discuss this request with KIBEFD staff prior to application submittal. Due to the fact that the proposed soil remediation use does not involve thermal desorption (i.e. heating/burning) methods as part of the remediation process, staff believes this request is an equivalent use similar to a government maintenance facility. As indicated in the petitioner's submittal, the contaminated soil will be stored on Lot 2A temporarily, in accordance with ADEC requirements, and in cells very similar to the ones currently located on the high school site. The material will be segregated into two categories, minimally contaminated and substantially contaminated. Although the submittal focuses mainly on the stockpiling and testing plan, verbal communication with KIBEFD staff indicates that the chosen remediation method is a passive one that relies on natural bacteria to break down the hydrocarbon contamination. The process is expected to take at least two seasons and will require occasional uncovering of the material to aerate the soils. In the process of analyzing the similar use, staff has relied upon the definitions contained in the "The Latest Illustrated Book of Development Definitions". The similar use determination is based upon two principal criteria, is the proposed use similar character to a permitted or conditional in the zoning district, and is the use similar in impact. As referenced on page 73 of the "development dictionary", character is largely based on the visual and aesthetic nature of the uses being compared. Page 201 of the "development dictionary discusses impact analysis which focuses on the direct and indirect effects of a proposed development on utilities, storm water, traffic circulation and other factors. Although not a named criterion in the similar use procedure, staff believes that these two criteria, taken together, speak to the compatibility of the land use in surrounding land use context (page 86). On the other pages of the "development dictionary" staff has provided a number of definitions to describe what activities may be represented by a "government maintenance and service facility and storage yard". These definitions include, but may not be limited to, automobile repair, 16 of 105 automobile service garage, automotive repair services and garages, garage municipal, garage public, garage repair. Staff has also included a definition of government agency (page 175) given that the intent of the PL -Public Use Land zone is heavily based on a premise of government ownership and use. Without getting into a detailed analysis of the preceding definitions, staff will instead provide a couple of examples that are believed to be representative of maintenance and service faculties and storage yards. Lot 28 and 29B, U.S. Survey 3098 is the City of Kodiak Public Works garage and storage yard. Tract C -1A is the Brechan Enterprises maintenance and storage yard. Lot 23, U.S. Survey 3098 is the Redhook Construction maintenance garage and storage site. Although these examples include both government and private sector maintenance and storage facilities, staff believes that these sites are directly comparable to the conditional use of "government maintenance and service facility and storage yard" that is set forth in the PL -Public Use Land zone. On these sites are stored heavy equipment and other related materials. In many cases equipment is field serviced outside with lube trucks, occasional fuel transfers and the sites may be generally used for storage of all manner of equipment and material when not in use on construction projects or road maintenance activities. Interestingly, staff notes that there is evidence of equipment storage and maintenance on the lots across the street from the proposed site (Tract A and Lot 7, Industrial Park Subdivision). While the above referenced sites are all located in the business zones, it is the use and activities that staff believes to be directly comparable to the similar use request in this case. Each of the preceding examples implies some incidental risk of site contamination with fuel or lube oils, however this is regulated by ADEC and these users will typically have absorbents and other clean-up materials available to address such incidental contamination. The proposed use is largely one of contaminated soil storage (subject to ADEC regulation and monitoring) with occasional aeration of the stored soils. Given the passive nature of the use, the location and size of the site, and the level of risk involved with handling the material, staff believes this use is similar to the government maintenance and service facility and storage yard use identified in the PL -Public Use Land zoning district. That said, staff believes that it may be prudent to place certain conditions on the proposed use to further define the limits of the use and to ensure the use does not result in a negative impact to the surrounding area. In order to provide limits on this use and to give meaning to the word "temporary" as used in the application materials, staff recommends that a 3 or 4 year limit be placed on the use. This will help to ensure that the project will be completed and demobilized within a reasonable time frame or, if not, a further showing of need be presented to the Planning and Zoning Commission to justify an extension of the conditional use permit. Conditions of approval will be addressed in the conditional use portion of this staff report. The application references that the new storage cells will be "secured" at the new site. Staff would suggest it be made clear that this will include temporary fencing similar to what is already in place the a the high school location. There is evidence of off-road vehicle activity at this site and it would not prudent to allow casual access to these storage cells that might increase the potential for cell damage or leakage. 17 of 105 RECOMMENDATION Staff recommends that proposed storage and occasional aeration of contaminated soil is similar in both character and impact to a government maintenance and service facility and storage yard conditional use in the PL -Public Use Land, subject to certain conditions of approval to limit the use. APPROPRIATE MOTIONS One appropriate motion is: Move to grant a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of hearing oil (diesel) contaminated soils as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use per KIBC 17.130.030, and to approve the findings in the staff report dated February 25, 2010 as "Findings of Fact" for this case. Findings of Fact Findings of fact in support of this decision are as follows: 1. This similar use determination is based upon the information submitted by the applicant, the Kodiak Island Borough Engineering and Facilities Department (KIBEFD), and review of the applicable zoning requirements and land use characteristics. 2. The proposed soil storage and passive remediation is determined to be similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard on the basis of land use and zoning criteria. 3. Concerns about site layout or compatibility with surrounding uses will be addressed by the Commission in the context of the conditional use portion of this case, regarding the need for stipulations or conditions of approval to ensure that the use is compatible with the PL -Public Use Land zone or other uses in the surrounding area. 18 of 105 Conditional Use Permit RECOMMENDATION Staff recommends that the Commission approve a conditional use permit for Lot 2A, Lakeside Subdivision 2nd Addition, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil, subject to conditions of approval. APPROPRIATE MOTION Should the Commission agree with the staffrecommendation, the appropriate motion is: Move to grant a conditional use permit (CUP), according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2nd Addition, subject to conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 25, 2010, as findings of fact for this case. Condition of Approval 1. The conditional use permit (CUP) is based upon and limited to the representations Contaminated Soil Stockpile Work Plan for Kodiak High School Soil Remediation Project, dated June 2009. 2. The maximum duration of the "temporary" storage and passive remediation is limited to four years from the date of the CUP approval. 3. The soil storage cells will be secured with a temporary chain link fence, similar to that erected at the high school storage location, in order to protect the storage cells from casual access by the public. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. Based on the nature of the proposed use as discussed in the similar use determination the use, subject to conditions of approval, is compatible with the uses of the surrounding area. The site is substantially from the RR1 zoned area by substantial topography and at least 100 feet of greenbelt buffer and road right-of-way located at the edge of Lot 2A. The use is considered similar in character and impact to that of several maintenance and storage sites located along Mill Bay Road and perhaps of the equipment storage and activities occurring across the street from the proposed storage site. 19 of 105 The conditional use is limited to contaminated soil storage and passive soil remediation as described in the proposal. Any other use or form of soil remediation would require a new similar use and conditional use permit review for this site. 2. That the conditional use fulfills all other requirements of this chanter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL -Public Use Land zoning district and the CUP standards. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The proposed use will not be harmful to the public health, safety, convenience or comfort. The contaminated soils have been stored in a very public location near the high school and borough buildings. The soil storage, remediation and handling activities will all be undertaken in accordance with the applicable ADEC regulations and overseen by a qualified contractor working directly with KIBEFD. Additional conditions are being required to ensure the use is of a limited duration and that the site is not available for casual access by unauthorized persons. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The PL -Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by industrial and commercial lands. There is substantial topography, fencing, vegetation and physical separation between the proposed storage site and nearby RR 1 zoned residential areas along Dark Lake Road. Because of the evidence of public access to the site, additional conditions or safeguards will be applied to the proposed use to ensure that the use does not create a negative impact to the surrounding area. 5. The proposed use or structure is located in a manner which will maximize public benefits. The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. The location and manner of storage at this location does not permit adequate room for even passive soil remediation and due to the amount of public access it is not considered practical or advisable to remediate the soils at this location. The site at Lot 2A is a level and well drained area that permits a great deal of area to work in. The land is owned by the borough and the storage of the contaminated soils can be undertaken without interference of other uses taking place in the area. 2001105 al),At The4 11 ustrated Book of UsiTtj NEW EXPANDED EDITION RVEY S. MO and ��. CARL G. LINDBLOOM 22 of 105 Definitions relied upon by staff in this case are shown in red boxes. CHANNEL CHANNELIZATION had been conducted previously, e.g., food had been served previously and continued to be; there had been music in the restaurant and continued to be; there was serving of alcoholic beverages previously and con- tinued to be. The Supreme Court held that this quan- titative analysis was improper and that the focus in cases of this type must be on the quality, character and intensity of the use viewed in their totality and with regard to the overall effect on the neighborhood and zoning plan (83 N.J. 309 at 314). As a restaurant it had been open every day but now was open only one day and three evenings; the primary use of the dance hall had been incidental to dining but was now a primary use; the music was formerly provided by live bands and was now recorded; admission charges were now made whereas there had been none; the bulk of the prior business was food catering, which now was discontinued. The Court concluded that there had indeed been a change of use and that the defendant was properly convicted.... The Supreme Court [also] noted that "an increase in the time period during which a conforming use is operated may justifiably be the basis for finding an unlawful extension thereof, just as changes in the functional uses of the land or increases in the area of use have been." (Belleville v. Pamllo's, Inc. at 317-18) A watercourse with a definite bed and banks that con- fine and conduct the normal continuous or intermit- tent flow of water. (1) The straightening and deepening of channels and/ or the surfacing thereof to permit water to move rap- idly and/or directly; (2) a traffic control device that forces vehicles into certain traffic flows or turning movements. CHARACTER Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality. Comment: Examples of an area's character might in- clude: a pattern of residential gridiron, tree -lined streets with alleys for garage access and trash removal; a busi- ness district with uniformity in building scale, materi- als, setbacks, street furniture, and sign design; or a wa- terfront promenade with fountains, public art, and de- sign -coordinated street furniture of benches, light stan- dards, and trash receptacles. 73 23 of 105 Comment: Auto malls are very large establishments, often consisting of several dealerships. They are the result of the increasing cost of retail auto sales and cost efficiencies from combining services facilities. Because of their size, they are usually located on the outside of the central business district and developed commer- cial areas. They require large tracts of land, often in excess of 30 or more acres with good access. Planning considerations include controls on lighting and signage and requirements for screening and landscaping. A major problem is that because of their large size and combined repair facilities, auto malls may generate sig- nificant environmental problems, including pollution and runoff. ("Acres of Automobiles," Zoning News, June 1997) AUTOMOBILE REPAIR AUTOMOBILE REPAIR SERVICES, MAJOR AUTOMOBILE REPAIR SERVICES, MINOR See AUTOMOTIVE REPAIR SERVICES AND GARAGES; GARAGE, REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, weld- ing, and major painting service. The replacement or repair of any automobile part that does not require removal of the engine head or pan, engine transmission, or differential but may include incidental body and fender work, minor painting, and upholstering service. AUTOMOBILE SALES AUTOMOBILE SALES, USED The use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles (but may include light trucks or vans, trailers, or recreation vehicles), and including any vehicle preparation, warranty, or repair work conducted as an accessory use. The use of land and buildings for the display and sale of primarily used motor vehicles and may include re- pair and service facilities as well as financing and leas- ing services. Comment: The sale of used motor vehicles is cus- tomarily an accessory use to new car dealerships. Used - car superstores are a recent phenomenon, akin to the big box retailers. They usually provide one-stop shop- ping in the sale of used vehicles and include servicing, financing, and similar services. They occupy large land areas, usually on the outskirts of built-up areas. Good access and visibility are critical. As with auto malls, 38 24 of 105 planning considerations include site design, land- scaping, lighting, signage, and pollution. ("Acres of Automobiles," Zoning News, June 1997) AUTOMOBILE SERVICE STATION Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicu- lar fuels; servicing and repair of automobiles; and includ- ing as an accessory use the sale and installation of lubri- cants, tires, batteries, and similar vehicle accessories. Comment: The name "automobile service station" is probably a misnomer as more and more stations con- vert to fuel sales only and no longer undertake vehicle repairs. In addition, many gas -only stations are selling snack food, tobacco, drinks, newspapers, and similar convenience goods as accessory or appurtenant to the principal use. Some additional parking may be needed for shoppers other than those getting gas. At some point, the accessory use may become the principal use. Other zoning considerations include multiple use of the site, parking and circulation, signs, and landscap- ing. See MINIMART. AUTOMOBILE WRECKING YARD An establishment that cuts up, compresses, or other- wise disposes of motor vehicles. See JUNKYARD. Comment: Wrecking yards may also store and sell sal- vaged auto parts, but if so, they function as junkyards. AUTOMOTIVE REPAIR SERVICES AND GARAGES Establishments primarily engaged in furnishing auto- motive repair, rental, leasing, and parking services to the general public. Comment: This general category includes all major components of the automotive industry (except the dis- pensing of gas and oil directly into the vehicles), in- cluding parking lots and structures, all types of repairs, car washes, and rental and leasing activities. AUXILIARY LANE AVAILABLE SITE AVERAGE ANNUAL DAILY TRAFFIC (AADT) A part of the roadway striped for use but not for through traffic. A site with clear title, free of encumbrances that pre- clude development for low- and moderate -income hous- ing. (New Jersey Council on Affordable Housing 1993) The total yearly traffic volume in both directions of travel divided by 365. Comment: Generally replaced by Average Daily Traffic (ADT) counts. See AVERAGE DAILY TRAFFIC (ADT). 39 25 of 105 More important, however, new houses or expan- sions of existing houses should take place on the lot only in such a manner that the character of the existing streetscape is not seriously affected. This requires that the existing front yard and side yard setbacks remain the same, or in the case of the side yards, any encroach- ment take place toward the rear of the lot. Building heights can be increased, but that part of the roof that is raised should be set back farther from the front build- ing line. One additional point worth noting is that most houses are not built to existing setback requirements, except on very small lots. In other words, on moder- ately sized and larger lots, with the exception of the front building line, many houses can be expanded to the rear and sides and still conform to existing codes. But this type of expansion or new house will be signifi- cantly different from the existing neighborhood char- acter. A detailed survey of the existing development characteristics is needed to establish a realistic and ef- fective set of controls. This type of survey can best be done by the use of aerial photography. See COMMU- NITY DESIGN PLAN; DESIGN FIT. COMPATIBLE LAND USE A use of land and/or building(s) that, in terms of devel- opment intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely af- fect the quality of life of persons in surrounding or nearby buildings. See QUALITY OF LIFE; COMPATIBLE DESIGN. Comment: The definition spells out the specific criteria that should be examined but also includes a determi- nation as to whether the use adversely affects the qual- ity of life of the neighborhood residents. Compatible land uses may include different land uses that are mu- tually supportive and necessary, providing goods and services, economic opportunities, and a healthy and safe environment. COMPLETE APPLICATION An application for development completed as specified by ordinance and the rules and regulations of the ap- proving authority and the provisions of all required documents. Comment: Most states require that a determination of completeness be made within a specific period of time and on the meeting of all requirements specified in the 86 26 of 105 GAME OR GAMBLING GAME GAMING OR GAMBLING GAMING OR GAMBLING ESTABLISHMENT GAMING DEVICE OR GAMING EQUIPMENT GAP ANALYSIS Any banking or percentage game played for money, property, or any representative of value with cards, dice, or any device or machine and located exclusively within a facility licensed for such activity. The dealing, operating, carrying on, conducting, main- taining, or exposing for pay of any game. Any premises wherein or whereon gaming is done. See CASINO. Any device, contrivance, or machine used in connec- tion with gaming or any game. The study of available time between vehicles in a stream of traffic to determine the potential capacity of traffic turning to or from a roadway or crossing. GARAGE GARAGE, MUNICIPAL GARAGE, PRIVATE CUSTOMER AND EMPLOYEE A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Comment: A distinction should be made between park- ing, short- and long-term, and storage, such as that as- sociated with auto sales and unregistered vehicles. A structure owned or operated by a municipality and used primarily for the parking and storage of vehicles owned by the general public. A structure that is accessory to a nonretail, commer- cial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public. GARAGE, PRIVATE RESIDENTIAL A structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public. Comment: The combination of narrow lots and two -car attached garages can result in visually unattractive "snout houses" or "garage door" streetscapes. Solutions include using detached garages set back from the house with street access or fronting on an alley. In both cases, a covered walkway to the house can be provided. Side - entry garages are another possibility but usually require 170 27 of 105 f 1 IF s s e r e s e e at least a 115 -foot lot width. Another solution is shar- ing the driveway access and necessary turning courts with the adjacent lot. In this last example, three -bay side -entry garages can be accommodated with no det- riment to the streetscape. See SNOUT HOUSE. GARAGE, PUBLIC GARAGE, REPAIR A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public. Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. See AUTOMOTIVE REPAIR SERVICES AND GARAGES. GARAGE, SHARED RESIDENTIAL GARAGE SALE GARBAGE GARDEN APARTMENT GARDEN CENTER GAS PUMP GASOLINE STATION GASOLINE STATION AND CONVENIENCE CENTER (TRAVEL CENTER) A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not available to the general public. The sale or offering for sale to the general public of items of personal property by the owner or tenant of an improved lot in a residential district, whether within or outside any building. Comment: This definition limits sales to residential districts, appropriate to the noncommercial nature of this occasional activity. Some local regulations require a permit and fee, with restrictions on hours of opera- tion, a limit of two sales per household per year, and requirements for the removal of signs after the sale. Animal and vegetable waste resulting from the han- dling, storage, sale, preparation, cooking, and service of foods. See SOLID WASTE. See DWELLING, GARDEN APARTMENT. See NURSERY, RETAIL. See FUEL DISPENSER. See AUTOMOBILE SERVICE STATION. A gasoline station, fast-food restaurant, and convenience store located on the same lot and planned, operated, and maintained as an integrated planned development. 171 28 of 105 GOVERNING BODY 3. Par 3 golf courses have a par on each hole of 3 and an average of 2,000 to 2,500 yards. Typical ancillary facilities include a practice range, a clubhouse with dining facilities, and a pro shop. Other recre- ation activities may occur on portions of the property not developed for golf. The minimum acreage for each type of course is: Regulation: 150 acres Executive: 40-75 acres Par 3: 30 acres A total land area of 250 acres or more is preferred to accommodate 27 holes at each course. Potential for possible future expansion should be considered. The site should have topography, soils, and a configuration that will efficiently support golf course development. The site should be capable of withstanding intensive public use and should include ad- equate parking facilities to accommodate employees and guests. The course should be capable of being developed and operated in a fashion compatible with any significant envi- ronmental features. Land uses within or adjacent to the site should not unduly constrain the site or golf course opera- tion. An adequate water supply for irrigation is required. [Adapted from the Open Space and Recreation Plan 2003, Middlesex County, New Jersey) The chief legislative body. of the municipality. See LOCAL AUTHORITY; MUNICIPALITY. GOVERNMENT AGENCY Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, town- ship, authority, district, or other governmental unit. GRADE GRADE, FINISHED (1) The average elevation of the land around a build- ing; (2) the percent of rise or descent of a sloping sur- face. See SLOPE. Comment: Grade is usually described as finished or natural and measured in feet above sea level. There is a distinction between percentage of slope and degree of slope. For example, a 45 -degree slope is a 100 percent grade. See Figures 15 and 46. The final elevation of the average ground level adjoin- ing a building at all exterior walls after development. (BOCA 1996, p. 55) See FINISHED ELEVATION. See Figure 15. 175 29 of 105 ILLUMINATED SIGN See SIGN, ILLUMINATED. IMPACT ANALYSIS A study to determine the potential direct or indirect ef- fects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors. Comment: The impact analysis also can include fiscal, aesthetic, social, and legal impacts. The impact analy- sis serves a variety of functions. It should point out what impact the proposed development will have on the factors considered and what steps are needed to mitigate the impact. This is particularly true for envi- ronmental considerations, stormwater management, and utility needs. For projects that require variances, the impact analysis can be used to determine whether substantial detriment would result—an important cri- terion in the granting of a variance. Finally, impact analysis allows the municipality to plan. If, for example, a development of houses is expected to generate a given number of school-age children, an impact analysis can alert the local board of education to the need to ac- commodate the additional load. IMPACT FEE A fee imposed on a development to help finance the cost of improvements or services. Comment: Developers have long been required to pay for the cost of improvements necessitated by a develop- ment. These improvements include on- and off-site roads, utilities, and stormwater management facilities. Devel- opers have also been required to pay for their fair share of off -tract facilities that are needed as a result of their development. Through this method, off -tract intersec- tions may be improved, water and sewer mains enlarged, and additional off -tract drainage basins constructed. Impact fees are an extension of the philosophy that developments should pay their own way. Thus, where permitted by state legislation and local ordinance, an impact fee may be imposed on development for roads, schools, parks, fire stations, libraries, and other such public facilities. Where impact fees are permitted, they must be specific, based on a reasonable formula, and uniformly applied. IMPERMEABLE Not permitting the passage of water. IMPERVIOUS COVERAGE See LOT COVERAGE. 201 30 of 105 710 Mill Bay Rd., Room ' :ODIAK, AK 99615-6398 (907) 486-9363 - www.kib.co.kodiak.ak.us (907) 486-9396 Applicant Information /(40)9/Ak . / 0' P7U0O /2mt/f A/ Property owner's name 7/0 /-//cf.__ /Y ,J . Property owner's mailing address //D.Oia w Age - City State 466 ^931// Zip Home phone Work Phone E-mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property Information 271350 24 o20 Property ID Number/s LOT 24 . LAK4S'oc -Te/6V- 2t/�a/,4a� Legal Description Current Zoning: P4- Applicable GApplicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: /E.1Poei%Y i/A4 aF eAP.vrAs-/,, 47ET7 5014- /•V/Ti.1 leb-MEn/A7/G1A.1 Ib /itlCL!/l S E /i.A/4 ,$EG2.�Gitj/c�l� / s1,Tia•c/ 7'51`$s9t-- 5EE Geivrr;Ai A -TED 5c12. SToc <pok., u/o.e #1,Li3-.tI 8 Y TEZu/S ,..Tf7 ¢ /2.0.09) (Note: Use additional sheets, if needed, to needed, e aa compto description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that It is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey Photographs /�.2e/o/D Property Owned"ynature Date Maps Other Authorized Agent's Signature Date 1A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 )( Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)' Appi ion e,ceived by: Staff signature PAYMENT VERIFICATION Zoning Change, Fee Schedule: (per RIB Assembly Resolution I;ff. July 1,'_005) Less than 1.75 acres 5350.00 1.76 to 500 acres S750.00 5.01 to 40.00 acres S1,1100,00 40.01 acrd 01 nMOre S1.500.00 31 of 105 TELLUS, Ltd. 2551 Susitna Drive Anchorage, AK 99517 TRANSMITTAL June 30, 2009 To: Mr. Ken Smith Hello Ken: Subject: Contaminated Soil Stockpile Kodiak Island Borough Work Plan Submittal See Attachments Attached are two (2) copies of the work plan submittal as requested. I will deliver a copy to ADEC for re- view and approval after I hear from you. Please contact me at 907-248-8055 or 907-529-0445 with any questions you have regarding this submittal. Sincerely, TELLUS, Ltd. Phone: (907) 248-8055 Cellular: (907) 529-0445 Email: tellus@acsalaska.net 32 of 105 Contaminated Soil Stockpile Work Plan for Kodiak High School Soil Remediation Project Kodiak, Alaska Prepared For: Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615-6398 (907) 486-9349 Prepared By: TELLUS, Ltd. 2551 Susitna Drive Anchorage, Alaska 99517 (907) 248-8055 June 2009 09-005 33 of 105 Contaminated Soil Stockpile Work Plan KHS Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska EXECUTIVE SUMMARY 09-005 June 2009 Page 1 This Contaminated Soil Stockpile Work Plan (plan) has been prepared by TELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KIB) for the Kodiak High School (KHS) Soil Remediation Project located in Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. During this project, previously excavated and stockpiled contaminated soil will be field screened, reloaded into trucks and transported to a new contaminated soil staging area. Field screen testing and subsequent analytical sampling will be performed by TELLUS using appropriate equipment and approved methods to identify, quantify and classify all of the petroleum hydrocarbon contaminated soil located at KHS. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation efforts. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. 09-005cssplan 34 of 105 Contaminated Soil Stockpile Work Plan KHS Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska 1.0 INTRODUCTION 09-005 June 2009 Page 2 This Contaminated Soil Stockpile Work Plan (plan) has been prepared by'1'ELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KIB) for the Kodiak High School (KHS) Soil Remediation Project located in Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation activities. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. 2.0 SITE DESCRIPTION Approximately 1600 cubic yards of contaminated soil was previously excavated and temporarily stockpiled at KHS during KIB's underground storage tank (UST) replacement project completed in 2007. The five (5) contaminated soil stockpiles are staged inside five (5) individually lined cells at KHS. The cells have been enclosed with temporary fencing and are located adjacent to the high school building. Trucks can be loaded easily onsite and any spillage will be cleaned up immediately. 09-005cssplan 35 of 105 Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 3 3.0 HEALTH & SAFETY PROGRAM (HSP) Initial worker protection will be Level D (contact but non -respiratory) with an upgrade to Level C (contact and respiratory) should site conditions require. All workers will be required to minimize direct contact with hydrocarbon impacted soils. Exposure routes of inhalation, absorption through the skin, ingestion, and eye contact should be avoided. Appropriate protection and personnel behavior complying with the contractor's HSP will be required from all workers onsite. This will minimize the potential for exposure of workers to petroleum hydrocarbon contamination in the previously stockpiled soils. Contact protection (Level D) would include: high visibility work -grade outerwear, hardhat, gloves, safety glasses, hearing protection, and steel -toe boots while respiratory protection (Level C) would include passive -type, organic cartridge respirators. The consistent presence of elevated volatile levels in the breathing zone will prompt the contractor to review the current level of protection being used and discuss additional upgrades should it be deemed necessary. Ambient air quality monitoring around the existing contaminated soil stockpiles and at the new soil staging area will be performed using an organic vapor monitoring instrument (photoionization detector - PID). All ambient air quality monitoring information will be recorded in the TELLUS Daily Field Reports. The PID will be used to monitor hydrocarbon vapors in the atmosphere of the work area. Permissible levels in the work area should be monitored to determine actual concentrations in the breathing zone. Inhalation represents the most likely exposure pathway for these contaminants of concern. Should hydrocarbon vapors consistently exceed action levels of 20.0 units (PID) in the breathing zone without periodic ventilation or a breeze allowing workers to work upwind of the impacted area, an upgrade of worker protection may be necessary. Environmental and occupational safety regulations will be adhered to during all sampling, field screening and environmental monitoring / testing activities performed during this project. 4.0 FIELD SAMPLING PLAN (FSP) Mr. Scott Erdmann of TELLUS will serve as the qualified field sampler and independent environmental consultant for this project. Mr. Erdmann's qualifications are described in his resume which is attached to this document. He is familiar with activities associated with field screening, material sampling, and the interpretation of field and analytical data based on previous project experience, regulatory guidelines, and manufacturer guidance documents. The primary objective of this FSP is to obtain data, provide accurate information for soil classification and allow for segregation and the relocation of the previously stockpiled contaminated soil. 09-005cssplan 36 of 105 Contaminated Soil Stockpile Work Plan KHS Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska 09-005 June 2009 Page 4 The FSP for this project will incorporate visual inspection, field screen testing, and analytical laboratory testing for hydrocarbon contamination within the stockpiled soil. Visual inspection and field screening will be performed throughout soil relocation activities. 4.1 Field Screening A Mini RAE Lite photoionization detector (PID) is tentatively planned to be used for field screen testing during this project. The PID will be calibrated at the beginning and the end of each work shift using isobutylene calibration gas. The first calibration is intended to set the instrument while the second calibration is performed to measure any instrument drift that may have occurred during the work shift. The calibration methods will be performed by TELLUS personnel in accordance with the manufacturer's specifications. The PID will be calibrated to the nearest tenth of a unit number. Field screening soil samples will be collected and placed in a plastic Ziploc bag to the level of one-third to one-half capacity. The bag will be sealed and the soil will be allowed to volatilize. The bag and its contents will then be heated to at least 60 degrees F, and a headspace reading will be measured. The associated field screening data will then be recorded in the TELLUS daily field report. This method and the summarized procedure are in compliance with ADEC's current environmental guidance documents. It is anticipated that at least one (1) field screening sample for every twenty five (25) cubic yards of stockpiled soil will be collected, inspected and measured. Based on the estimated volume of 1600 cubic yards, this would yield sixty-four (64) field screening samples. In addition to the PID, TELLUS will utilize the PetroFLAG onsite testing system in order to provide additional field screening data that can be used for correlation with the analytical laboratory results. It is anticipated that between ten (10) and twenty (20) PetroFLAG field tests will be performed, evaluated and recorded. 4.2 Confirmation Soil Sampling Discrete soil sampling procedures, based on field screening results, will be implemented during this project. The discrete soil samples will be collected and submitted for analyses based on observed visual and / or olfactory evidence along with elevated field screening readings as measured by the PID. The discrete samples submitted for analyses will be selected from at least twenty (20) soil samples with the highest field screening readings indicative of typical petroleum hydrocarbon contamination. 0¢005csaplan 37 of 105 Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 5 In addition, one (1) duplicate sample for every ten (10) discrete confirmation samples will be collected and submitted for analyses. This corresponding rate of ten (10) percent duplicate samples will assist in determining whether quality assurance / quality control objectives have been achieved during this project. The sampling of hydrocarbon contaminated soil will be conducted in accordance with 18 AAC 75 and 18 AAC 78. Sample packaging, handling, documentation, transportation, chain of custody, and reporting procedures will also be performed as specified in these statutes. Samples shall be analyzed for BTEX, GRO, and DRO as defined in Section 4.4 (Analytical Program) of this document. The samples will be numerically identified in a manner easy to understand and their locations will be documented in the TELLUS daily field report. The tentative plan is to correlate all field screening and sampling location results to the newly located contaminated soil stockpiles. Disposable sampling supplies will be utilized to minimize decontamination efforts. Decontamination activities required to be conducted as part of this project will be performed as per OSHA, ADEC, and EPA regulations. 4.3 Soil Classification During this project, soil will be classified as: CLEAN - Diesel Range Organics at 0 to 250 ppm Gasoline Range Organics at 0 to 100 ppm and CONTAMINATED — Greater than 250 ppm DRO Greater than 100 ppm GRO Exceeds ADEC Method 2 Soil Cleanup Levels for BTEX 4.4 Analytical Program Analyses to be performed during this project include: aromatic hydrocarbons (BTEX) using Method 8021B, gasoline range organics (GRO) using Method AK101, and diesel range organics (DRO) using Method AK102. Test America, Inc. (TAI) will be the contract laboratory providing the analytical testing services during this project. Analytical results will be furnished to the KIB within the turn around time requested. 09-005casplan 38 of 105 Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 6 5.0 QUALITY ASSURANCE PROGRAM PLAN (QAPP) ADEC requires that any consultant or field personnel performing environmental monitoring and/or sampling be qualified based on the requirements set forth in 18 AAC 78 and be on ADEC's approved list. Mr. Scott Erdmann of TELLUS is qualified per 18 AAC 78 and is listed with ADEC as an approved environmental professional. Qualitative and quantitative objectives for data quality generated during the performance of monitoring and field sampling are critical to the success of this project. Conclusions and recommendations are formulated from this data and directly affect future project tasks and schedules. It is imperative that the data obtained is carefully evaluated for precision, accuracy, and completeness. MB and their subcontractors will follow all regulatory and manufacturer guidelines when conducting data acquisition. Test America, Inc. (TAI) is the contract laboratory selected to conduct the analytical portion of this program. TAI is certified by ADEC, EPA, and the ACOE to perform the analytical testing specified in this plan. A copy of TAI's ADEC-approved laboratory QAPP is attached to this document for review. 6.0 CONTAMINATED SOIL RELOCATION & TEMPORARY STOCKPILING All contaminated soil removed from the KI -IS stockpiles will be segregated, transported to and staged at the new contaminated soil staging area located at Lot 2A, Lakeside Subdivision. The proposed haul route is to take Mill Bay Road to Von Scheele Way and then down Selief Lane to the staging area on Lot 2A. Lot 2A is a level, gravel pad area, that is more than large enough (11.92 acres) to accommodate the volume of soil that will be relocated. Upon relocation, the new soil stockpiles will be labeled, covered and secured. Petroleum contaminated soil will be transported in covered loads to the new contaminated soil stockpile area. Thorough efforts will be made to prevent the escapement of any liquid and / or contaminated soil during loading and hauling activities. All contaminated soil to be temporarily stockpiled will be placed upon a petroleum resistant liner having a minimum thickness of 20 mil. All temporary soil stockpiles will be constructed as to not retain water and be in accordance with ADEC's Long -Term Contaminated Soil Stockpiling Requirements (18 AAC 78.370). 09-005cssplan 39 of 105 Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 7 In addition, no contaminated soil will be: • placed within 30 feet of the edge of a gravel pad or native vegetation, • placed within 100 feet of any surface water body, • used for berms or containment structures, or • used to cover / bury any items or debris. All stockpiled soil will have been initially field screened, segregated into lots and preliminarily classified. The soil lots can then be covered with a 10 mil, nylon reinforced, visquene top cover. The temporary contaminated soil stockpiles and the surrounding area will be maintained throughout the duration of this project. The soil staged in the new contaminated soil staging area shall be clearly identified and documented so contaminated soil can be tracked and monitored throughout this project. The field marking program shall be suitable to withstand the expected exposure elements. Quantities of material placed in the new contaminated soil staging area shall be estimated using truck counts. An effective anchoring system will be constructed using either clean material or timbers to secure the sides of both the top and bottom liners. The bottom liner will be folded over and then tucked beneath the containment structure. The top liner will then be draped across the containment structure and secured with either clean material or timbers outside of the containment cell. Sandbags, tires, or other suitable non -penetrating materials will be used at a rate of one item per each 200 square feet of surface area to secure the sides of the top cover from moving during strong winds, rain, etc. 7.0 REPORT SUBMITTAL 7.1 Field Summary Report TELLUS will provide all field and analytical laboratory results in ADEC Data Deliverable Package Format to KIB during this project. ADEC Analytical Data Review Checklists will be completed and submitted for each analytical work order performed by the contract laboratory. KIB will then forward copies of all field and laboratory results to ADEC for subsequent review and filing. A Final Project Report will be submitted to KIB and ADEC at the completion of the environmental sampling portion of this project. The report will include a narrative (discussing volume, disposition, justification, location and subsequent placement of all project soils) figures with sampling locations, field data, analytical laboratory data and a site photos section. It is understood that at the completion of the project, KIB desires to have a clear classification for all petroleum hydrocarbon impacted soils relocated during this project. 09-005cssplan 40 of 105 Existing Soil Storage Cells at Kodiak High School. 9. 111111111111111111111r r..) -. 0 CA Existing Soil Storage Cells at Kodiak High School. .Q. 4.. Haul Route to New Soil Storage Area_ 43 of 105 TAX CE1 ICtTE • .019. Wnw .u1 .CN'0.0 m M !W¢6 O K 5cm. 4.01 mO1w...LL .I.K4 16f67Jm 44' 0K A.YI. 4.0 •40 ..-O n I0.01 M At COW 6000 SOMA. Ral, wen a m. 4.Sv M ,555,104.4. " (((•4!01.4 6 .• G. K n 46!5.6 e - nue 44 6R 9.. •C 0.04 • - 10• • 6164 Wt Ilam • -004. 00M6rf CUM / / CERTIF,CATE OF APPROVAL BY ADEC \ i yS1•wm1 MAO. 740 ...P(. 444. 11447 0r 0.a604.44r4 u 1 146 4 4'C74DR D NMS I 0.6 15.405.54.35.405.54.3\ Ut4'4\ / M4STI4i4' .440&.4, .0 ./.0407.4 MOM.. r0 501.0 �4\....... / SECORMOy -14E20 .. l rr O4a .� I? 12.Emop TIM Or a leA .1t% ' •\ yAyt.00551555 Oi (.140..44'4 CON50...C. 144609.4 a•Wl OWNERSHIP AFFIDAVIT (.Cl .O S0 '1047 +w.. hLT W • +.( tw[ S M -•[ .50.5m Po....w ax.aa 451504 (W) 0[OWI 0 M4 NMS 4u CASO/NI3 RIR .U4•C ~IS Y4'11, •LM. 14440.lMARM1. •W(5 •O O0p NSC ../A6 4..0... •(.(n.. .4 [00•. AIC 60.054 NOTARY'S ACKNOWLEDGEMENTS .o. "4 •011.• 4...0 IC.644. %•4U.= 4.• 6.0.6..4 61001 .c 1.(6 .2 4.N•.4. Y' _4444_ z rw PLAT APPROVAL . 00.5 MAID N..4' 440 lONNL CO6655o.. 500.40 z14,411- •'440.40 .q rnb cw4e" ow 3 dt7-fIG IVCOY 505_1(Z-_- Orr ALM'F4, w,4 IV/1/14,Ca.KM . :w1.. ; Z �.7.CeL,• 0.w[ 4L 425•L 41.1r/e4 SURVEYORS CERTIFICATE .6.v O .n 054 a w 04040. 60@O6t .40 Ltnam '0 MKT. ✓.O 4NK1.0 I. M AGC OF 4•.64TO net0w 1405101.11” PAW WO( ...I O. MOP w 0•.1r, PAP! •D Nor M•O.. 6.14M • 0000.Cm1 1.40. 1040. 4\4x4-, 460 M 05101601 4 NAT W 440444 ..O 0.1711 IRIS ..0 COAG.. eon,3. 9 '.L 64D611M10. .1_2122_ L6. Eli - �• 1 60200160 Lao 140[.!6 4010204 LAND AIN.E59a: SAC 4.0 904 +946 MOW( ALASKA 66415 ( 007 ) 066-6506 VACATION: Or LO75 740 AMO 740EC Am) 40477000 Or 11.011 A40 ELCC74CA( (.SE4(40 151E4E00 10 M LAKESIDE SVB0.1S 0A. 2.6 AMU[.. u.5 5 3467 4011 •o.7 67-16 N NMC Ka:KW IEC040NC 01S779C1. KODAK. ALASKA NEPLAT T0: LOT 1140-. a 71[ SW/ 6.6000304 •0144 M K0044 SLAW 0060+.71 710 444 007 0060 KCOAK. ALASKA 96615 4060 . 190' - 44 /Eenuw. 461. 115 Pse 04 (y1 Site Photo of New Soil Storage Area. 46 of 105 Alaska Business. License # .'Alaska Department :of Commercer Community; and Economic Development Division. of Corporations, Business and Professional Licensing P.O. Box,110806, Juneau, Alaska 99811-0806 This is fo certify that TELLUS LTD 2551 SUSITNA DRIVE ANCHORAGEAK 99517 owned by TELLUS LTD is licensed• bythe department to conduct business for the period October 08, 2008 through December 31, 2010 . for the following line of business 54 — Professional, Scientific and Technical Services! This license shalfnot be taken as permission to do business in the state without having complied with the otherrequirements of the laws of the State or of the Uhited States. This license must be posted in a conspicuous place at the bbsiness location. It is not transferable or assignable. Emil Nottl Commissioner 240835 Scott Erdmann Professional Geologist Environmental Assessment Planning Geo -Environmental Inspection & Testing Geotechnical & Hydrological Investigations Regulatory Compliance and Permitting Waste Minimization and Pollution Prevention EDUCATION Western Washington University BS, Geology, 1985 REGISTRATION Professional Geologist No. 8084 (Alaska) PROFESSIONAL EXPERIENCE Mr. Erdmann is a licensed Professional Geologist with twenty-four years of experience in the geotechnical and environmental consulting industry. He has managed environmental projects throughout North America with extensive experience within Alaska. Related experience associate4 with civil construction / infrastructure projects have included performing a variety of environmental assessment and monitoring programs at numerous sites located on the North Slope, Kenai Peninsula, rural & interior Alaska along with sites in southcentral and southeastern Alaska. Recent project experience has incorporated performing field screening / monitoring of subsurface soils along with assessment of groundwater and hydrological parameters. Generation of regulatory agency approved work plans, Sampling & Analysis plans, waste disposal plans and project closure reports have also been completed. Mr. Erdmann specializes in projects involving the assessment and investigation of impacted soil and groundwater along with regulatory compliance reviews, waste minimization and spill contingency planning. Project experience includes numerous construction projects ranging from pads and civil structures to roadways, railway and associated airfield structures (aprons, taxiways, utilidors, runways, etc.) . Project tasks have included: feasibility studies for remedial action planning, management of environmental assessment programs, implementation of environmental monitoring programs, and the review and assessment of waste streams, waste generation processes, disposal practices, and right -to -know programs. 48 of 105 Scott Erdmann, P.G. '1ELLUS, Ltd. Page 2 Resume Responsibilities associated with the acquisition of various federal, state, and municipal permits have also been performed. Material handling and spill contingency planning are additional areas of Mr. Erdmann's expertise. Associated geo-science experience includes subsurface soil investigation programs; geotechnical assessment during excavation and drilling projects; monitoring of piling installations; fill placement and compaction monitoring during construction activities; and water well abandonment programs. ADDITIONAL EDUCATION AND CERTIFICATIONS State of Alaska Department of Environmental Conservation 18 AAC 78 Qualified Personnel Listing To Perform Environmental Monitoring & Sampling, 1987 through 2009. OSHA 40 -hour Health & Safety Training for Hazardous Waste Operations, Level B, 1986 (updated 1987 through 2008). OSHA 8 -hour Supervisor's Training Course, 1988 (updated 1989 through 2008). AFFILIATIONS Member: American Institute of Professional Geologists; C.P.G. #8084 Alaska Ground Water Association. National Water Well Association EMPLOYMENT HISTORY 1997 - Present 1992 -1997 1991-1992 1989 —1991 4988 -1989 1986 -1988 1985 -1986 selmivns TELLUS, Limited AGRA Earth & Environmental, Inc. DOWL Engineers, Inc. Environmental Science & Engineering, Inc. America North, Inc. Woodward Clyde Consultants Northern Technical Services, Inc. Mare 2009 49 of 105 American Institute of Professional Geologists 1400 W 122nd Ave., Suite 250, Westminster, CO 80234 (303) 412-6205 • Fax (303) 253-9220 aipg@aipg.org • www.aipg.org CERTIFIED PROFESSIONAL GEOLOGIST Scott M. Erdmann, CPG -08084 Valid through 12/31/2009 .a 3 John L. Sognar President AIPG 2009 .AIPG 46th Annual Meeting - Grand Junction, Colorado October 3 - 7, 2009 0l 0 G 0 0l 1 of 1 ��.0 �..�."VLVIwlIIbVL Subject: Approval By ADEC Date: 06 Jun 97 16:20:00 KDT From: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) To: tellus@ptialaska.net (Scott Erdmann) CC: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) .... /LVtJLam.e.v... IIpL4.aLa hd.IICLIIIWIWUL Scott, this is a to confirm that Scott Erdmann's resume and qualified personnel form has been reviewed by me, Cynthia Pring -Ham, on June 6, 1997. Scott has been approved and meets the qualifications for a "qualified person" as per 18 AAC 78. He is approved by ADEC to perform or supervise sampling at regulated underground storage tank sites in Alaska. Sampling procedures in the UST Procedures Manual dated, September 22, 1995 must be followed at the site. Scott will be*placed on the ADEC QP approval list as soon as our database conversion is finished. This email can be used in lieu of us sending Scott a letter or a version of the updated list. Please call or email me if you have any other questions. Cynthia 06/07/97 10:06:44 51 of 105 TestAmerica THE LEADER IN ENVIRONMENTAL TESTING Cover Page: Document No. AK-Q-QAP, Rev. .1 Effective Dale: 3/23/2009 Cover Page 1 of 1 Quality Assurance Manual TestAmerica Anchorage 2000 W. International Airport Rd. Suite A10 Anchorage, AK 99502 Phone No. (907) 563-9200 Fax No. (907) 563-9210 w W w.tes to mericai nc. com Copyright Information: This documentation has been prepared by TestAmerica Laboratories, Inc. and its affiliates ('TestAmerica"), solely for their own use and the use of their customers in evaluating their qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to return it to TestAmerica upon request and not to reproduce, copy, lend, or otherwise disclose its contents, directly or indirectly, and not to use It for any other purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, access to these documents shell not be given to said parties unless those parties also specifically agree to these conditions. THIS DOCUMENT CONTAINS VALUABLE CONFIDENTIAL AND PROPRIETARY INFORMATION. DISCLOSURE, USE OR. REPRODUCTION OF THESE MATERIALS WITHOUT THE WRITTEN AUTHORIZATION OF TESTAMERICA IS STRICTLY PROHIBITED. THIS UNPUBLISHED WORK BY TESTAMERICA IS PROTECTED BY STATE AND FEDERAL LAW OF THE UNITED STATES. IF PUBLICATION OF THIS WORK SHOULD OCCUR THE FOLLOWING NOTICE SHALL APPLY: ©COPYRIGHT 2009 TESTAMERICA LABORATORIES, INC. ALL RIGHTS RESERVED. Facility Distribution No. Distributed To: 52 of 105 A Hr. TAX CEFfIfM..1E I am (dlw TAT m 'NE .ea.M eon a mw aa.w APW memescN ‘tiC an •is atGim 6 / yA.�/ on 3—Lt^fL r^o o Lisg410 rur —27 "1 qip Tway WV P HAfu OWNERSHIP AFFlCAVtt 'vror ao"�ir, o'o'erm� WIEt:' r s e°SITLA t iromra�ant•aa- mfOR °14in MaarAs Jam NOTARY'S ACKNOWLEDGEMENTS '•m`Cnn IO 1 RµAM[N no tie PLAT APPROVAL ca.. mm nra .m VIM mn®a 5W15 ebsilf r•a.c lists ITextith sumE7VRS CERT/FTC4TE . — , %VAfi Irezrextiseatr'rr then e, 3rjx -ey MVO N. 01" /CARD OURIIMI e-a.em4 a eu.a um 111 POLK EV om awl • AIO www m+ CERTIFICATE OF APPROVAL BY ADEC °ar�awaA®ux"iO i....AAVA 'rrn ' 50n tat "P' laata Data. sq lapin a0 nemaea ra KOMI PA s Imampapa arat - am MOWP. ®1 IpN1Dm NL W% WAnae Da lal 53.1105 FROM : Kodiak Alaska PHONE N0. : 907.486 6486 Mar. 02 2010 11:38AM P1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing hem VI -D PUBLIC HEARING NOTICE A public hearing will he held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in: accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 {Condisier:14,IJsus).xo-sto,rem te andedt.4ieYd1-ef-4.• *t a-t,� SAi ,• 27" stored it tie •Kodiak'HigL'Schbol` and';that if.ifi SlOar.in`:411-16acSerao{.a government maintenance and service facility and storage yard - t11at 'is conditionally permitted in the PL -Public Use Lands zoning district. 2647 Selief Lane — Lakeside Subdivision, tad Addition, Lot 2A R2 -Two Family Residential LOCATION: ZONING: This notice is being sent to you because our records indicate yoel are a property ownerfinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must he received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1.800.478-5736, One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak island Borough Conference Room (#121), to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision an this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. ,t p ,n/ 7- MailingAddrerEfel,. /3n.N.- ei $ Your Name: IV R,N o . 4...477.....1/a/ f Year properly description: GJ`// /3/A- / /.y ..( 4.. f c ..S' -n 4,7 ri,Li• lii. q..'y/ ',te• Com•7m-enla: ��y �e)-p c two-. % re ..fan✓ >. T;.c ! ; ,,tion T— --7Z Sl eVeate r• A1.4.0 /) ry� .4 i'C r�f/%p's+� rifer // yam) an /C.7 7— . /47 in -v 076✓i y / !Cr 7—• t, i Gd .. n.r 2./; s/, 7.7----7J/42/2, 9c %; Geos %`/± R., / N e y • Vell-70 re,-, t.+1 / say /~i`s7,..,cc_sia�ei/%1'�Zef Emyr 49CPSn.eA%, %Un_i(2/7/ / 54 of 105 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17..130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0124 to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363.�t ') Your Namet ? t tc4'sn PL Ib�f Address: Pit 1 gi2'S Your property description✓ to 7 S on l,Drllj✓./, Lh • Lek /, Comments: [( 4t/ e tit AL A.,Q &jf fO) 3/444 &e Sat, vi d�t,ld‘ f t'c'it /�,/Ar ro. r�cJ •� . -Th mart, 4,./1", E E i- FEB .2 5 21010 i COMMUNITY DEVEWPMENT DEPARTMENT 55 of 105 MRR-01-2010 0932 AMERITITLE ONTRR10 KODIAK ISLAND BOROUG COMMUNITY DEVELOPMENT DEP 710 Mill Bay Road, Kodiak, Alaska 99615 A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and K1BC 17.130.030 - .. (Conditional- Uses) -to. store and -remediate•diesel.e--oi tamina1ed•seit-pe ntly stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane - Lakeside Subdivision, tad Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the span; below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would bite to Lix your comments to us, our tax number is: (907) 486-9396. ti you would like to testify via telephone, please call in your comments during the appropriate pubie hearing section of the meeting. The local call -In telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak island 13orough Conference Room (#121), to review the packet material for thecase. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. Tryon have any questions about the request or your appeal rights, please feel free to call us at 486-9363. god( // �/ // Your Name: / . L. gassy-t--rL- unitingMdressf 0 ozq &®G(t Q/�o ('`f Your properly description: � 7 ? t t4l K .4 1 Avus TH4L ,4etc 5'c . Comments: /-J1tvAOpOtty. WerrrE SR' out 0 A/r-I- gr Sraci in/ -%-ell h0G44--r1oii, Feng 7 -Ht Fdi-i-c'co, ruG FearrLUS ® -nit D*' -t- PAA pr rs eljCA gy cR(L-D ell sr' , „Lap41` pe.0, .€ /,t% -Lie �is-tIR 1%6rS /%}I r-P'/PO TcS -r- !s lllxx-r T a.5 r,oe,vrc A 4-- AcOelcier / 1-- t Nit xr 75 if 'i t -/z- Cos c mss Zo vrs ?)l 1T' wrc.t- .Qrt'4t r 4 a Aar Tr �' ,- Ant t AID 17- r1114.5 1114.5' /ligflC-C , g --/AGES Mr exesrev L 2orit e-• 'fl to e t elllL-t' Per ,0�rvr(44-. R-2, ---- 777.7? if / 007.7?or ?II -Talcs' P4 fes,te-. p/wa TOTRL P.01 56 of 105 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below. or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. //l1 1( �/�k I a /J(1 (1�] Your Name: \ .04-6 Y s- L.t' -c4./[[ Mailing Address: g1KA 1c 7 Your property description: *d . Srliia, Aa.(Kq l d tr Comments: U —Ill 15 NCL (e is 2 j SOI r.t J -ma 5(%,t V1n,Z, Leif ,'-f S i)rc. a,vlcii. ReAte.cl,a/e. cut - 5,1,419_. (.i.ul �L6t 1 1 D/1 2/'e_ r -(' b e (th4q_5. >S7•1831 15\ ECIME=Thl 1 41 Ll , MAN — b 410 (COMMUNITYDEVELOPMENT DEPARTMENT 57. of 105 Mar -08-2010 02M PM Petra Marine Services 1.907-486.6833 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill may Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m, in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning end Zoning Commission, to hear comments if any. on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 10-016 Kodiak Island Borough Request a Similar Use Determination and a Conditional Use Permit, In accordance with K.IBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and •nervine facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. 7647 Selief Lane— Lakeside Subdivision, 2nd Addition, Lot 2A PL -Public Use Lands This notice is being sem to you because our records indicate you area property owner/interested party In the request, if you do tial wish to letatfy verbally, you may provide your comments in the space below, to the Community Development Department mkt to the'meeting. If you would like toles your comments the area of or in a leiter to us, comments is 486-3231. 730 p,n. in le call us Vocliela% cur fax number is: (907) 486-9396. If you would Like to testify via telephone, please ®B to your during the appropriate public hearing section of the tweeting. The localcall•In telephone number The tall tree telephone nofnber le 1-800-4784736. . One week prior to the regular meeting, On Wednesday, March 10, 2010, a work Damian will be held at the Kodiak Wend Borough Conference Room (#121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision an Ibis request. If you hove nay gewgaws about the request or your appeal tights, please feel flee at486-9363. _` q q aJ Veer MeterI%& 1 ylal� Milling MarcumMY 1415401 Ir$ Your property description( Co,nmoatn x 1 \(4Ir(� t 1 4 U`tt'USb '�i) Acon- Al`iillb{C cT r 4 . 1/1 58 of 105 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 10-016 Kodiak Island Borough Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property ownerlinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a tetter to the Community Development Department prior, to the meeting, If you would like to fax your comments to us, fax is: our number (907) 486-9396. If you would like to testify via telephone, pie.. during the appropriate public hearing section of the meeting. The local call-in tele . ,... i: n E 14;_, ,. , E.. 3 Al . The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session the Kodiak Island Borough Conference Room (#121), to review the packet material for II a cast .': . Kodiak Island Borough Code provides you with specific appeal rights if you disag(V1MIiAlt decision If have gitllatfi effittpID on this request. you any questions about the request or your appeal righ , phase Lel See M Lii s at 486-9363. j(��e 5 /I4 t C1 Q(� 7 Your Name: �rt�i G. VVt�� Mailing � !�Z)�I Lcct jb Your property d^e7s'cription: Comments: ...k2T NI 4 4 n'• / _4 'I—.. `i lir ��0 -,s,♦rl� sir— a coni tl.AWJ , t amyl Ci r , eiv S .9e ! 4' 00 !!04 ' lir • t • �• P IP / (G401 @/&4 , _14 ¶ e6 / e G1, Al. D r (7 �t � Ufitfrtc Sn. 9 F or /./ Gtr c» �f/ J .5 1 t /;l b /' 0� A) t _ .n rr t I I t • 59 of 105 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska hefnr Kodiak Island Borough Planning and Zoning Commission, to hear caetj?atiTj following request: CASE: 10-016 APPLICANT: Kodiak Island Borough MAR 1 5 2010 REQUEST: Request a Similar Use Determination and a Con c ifon1 UJc PcrmiL—In accordance with KIBC 17.15.090 (Similar Uses) aiflMh'r4h Mingi ART (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance .and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane – Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to the request. if you do not to the Community Development our fax number is: (907) during the appropriate The toll free telephone number One week prior to the regular the Kodiak Island Borough Kodiak Island Borough decision on this request. at 486-9363. I_ Your Name:.I. (1A you because our records indicate you are a property owner/interested party in the area of wish to testify verbally, you may provide your comments in the space below, or in a letter Department prior to the meeting. If you would like to fax your comments to us, 486-9396. If you would like to testify via telephone, please call in your comments public hearing section of the meeting. The local call-in telephone number is 486-3231. is 1-800478-5736. meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in Conference Room (/4121), to review the packet material for the case. Code provides you with specific appeal rights if you disagree with the Commission's If you have any questions about the request or your appeal rights, please feel free to call us C, / h>ei Y'(0 Mailing Address: r� 1 ✓a • . e Z6, Your property description: I-- d 1/7/ ' r' -©-3A '-©-3 /1.1'v''l rJ///G}r},��f,.,l�/yf/1z1 Comments. i'�/ /Y%!� rT� Ale �C/V 54) • !f d,,,i/ .s �t' (/GiltT{ rtin / .4. 2p/ 7 &Pity( ` &-, flan / a- GiGq,ry ,i/t/ !{_. . -4f st//f f eavo- vt1 i %, A rc4r ria 71441 /rfttenn %f'a/d e r' / r i J y orti nnc r Frz-f./5 G?4 / q 4 T Gw>pek' ,' h n�ir. I • 4' ,Ala 44 `> -v iAer / / /_ e Wit' "r l.` ,,. - :� . 4e or f ! .r2/W4S 9 y0 4 6,-._a 5� kfl pe4c t '` ,# t/� ',./d2/5l�Gf�}/s, 71-/0 ,E2r-dr /5 teel/Li / ./i Ort �d 4 =i9 etPc �ra 1 y/��,t.,� 6e ,V mo i file len/: �Vs' et//�€t/1/e, W // inia5l iy "46 riff/ $j 5 p no,; - /� r /cYet o % Sr f/ bust / r . NT 5 60 of 105 By signing this petition I am disagreeing with the Kodiak Island Borough Plan to Put contaminated soil at Lane (Smokeys Dump. (Behind Safeway) KIB File 10-016 EC OWE ' 5 2010 1 2617 Selief IMMUNITY DEVELOPMENT DEPARTMENT Date Name(please print) Address Lot # Sig a re ,...3196 ) S,%uiM25Sia FLr4 4 tit:* 7 3.1 I Mc,- c. k M` Cusic;r A:590 6,..w&'. .3-11 0-k n n , s YYY C u w, . ZSR ' ya-- � � ' S G ir . ell, G C'� � 3-l:-CNR611 — �JiiV6'ons,v /P 1 c ' ',, f 3i) - �-7r- :-,\W n C L�f (cJcz ��r. L i) W 3-4? . A,v /L/e/e, </2- —1 G:g / Pi c- ✓� 8- !a W/t1i1lii ..* (0S 46c)c%'vs4'CtLcf^ 3Je* /1./1; 3-z2 ussel( 911 sV afk;ir fit)QC� .QR � , . / ' . 3�1�1D g, ��� -3 i MkTur) C ai 417? Sl.ier+1 Lt5d �-- ;211D a f fed 4m4* ,L519144/1;1,111, ilrs re 1 TLkig uEK6kk 2.IrI s i{ i(nh� ;Lk; fie - - .. _ �� 1� 4'r y /j%/,,2 ; ,,.� 3aa S hAti�j� i.Ot �� / 5171N i i t . l'%/44,1 I ,E 44 j1 .2 s f /,hyy4 wt .c � ar-� ,. Lf / r, I: d '270 . ��rC ✓�(nli�i ,i('!\'�T4 .)7.5S�/l f A ..� 2.1�}f^ , , i 4,,,,r c !� .i2-• t 4to i4, ,,v zf 21/- /_ / ! .(ice (I,/, /:44RS c-'6� ,?70)0 h4(4, telf,ei //j�//ifir.,` —/ gy,PJ � s/�/ fg s a 1 ! 4 — / , / • i.P dr_ gu 3'.1r -k.4,444 Za•vrii µmy � JA S' 3-(C-10 G oy Spx,Laye- a9ef s , ceis '417'/-!,4, CL,-el-A6k....a.„ s 3-I S •ro TrnT 14„„, 4_, e&tM.(ea �% i '4 o G".,,,, pfal-te , f aV v ( L l jJ I,ia J/iJI v24 /&_ 3fq/0 a.1 of 3535 S. }(4N4K D,. 1,7_� 4...; fc // 61 of 105 62 of 105 63 of 105 Assemblymember Monroe appreciated Ms. Jensen's capability in finalizing drafts of policies, recruiting board members and helping the board as a team. VOTE ON MOTION Ayes: Noes: ECEnhfll r 7ncU O•. MAR 1 , workMUNITY DEVELOPMENT DEPARTMENT Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland None MOTION CARRIED Unanimous 4. Contract No. 93-58 Smokey's Metal Dump Debris Cleanup Project. GOULD, seconded by MONROE moved to approve Contract No. 93-58 with Kodiak Home Repair of Kodiak, Alaska, in an amount not to exceed $56,000. Mayor Selby explained that the contract was for removal of non-metal debris. He stated that once the �� __.:1debris was removed, the intent was to cover the area / with rock and gravel to create baseball fields and a recreation area. CONTRACT NO. 93-58 At questions raised by Assemblymember Milligan, Mayor Selby explained that once the debris was removed, Department of Environmental Conservation representatives would make final determination that the area was sufficiently cleared of hazardous materials. VOTE ON MOTION TO APPROVE Ayes: Gould, Hancock, Milligan, Monroe, Austerman, McFarland Noes: Burt MOTION CARRIED 6 Ayes, 1 No 1 64 of 105 SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT A. RECITAL The Kodiak Island Borough is a municipal corporation and political subdivision of the State of Alaska. The Borough requires a debris cleanup of Smokey's Dump, a former landfill Located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that has industry knowledge regarding the separation, processing, loading, and general construction skills of scrap steel recycling, debris removal and site grading. The following elements are to be incorporated into the Construction Contract entered with the Contractor. B. SCRAP METAL/DEBRIS CLEANUP The area of land which is known as Smolcey's Metal Dump was originally leased by the Kodiak Island Borough to private parties in February, 1966. The site was predominantly used to dispose of municipal solid waste materials ( see Figure 1 for the location of the disposal site). Solid wastes were conventionally landfilled at the site for the next 10 years. Burning of garbage was also conducted from time to time during the period of active disposal. During the late 1970's increasing amounts of scrap iron were brought to the site. By 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals, including automobiles and other debris continued to accumulate at the site, creating large unorganized piles which were randomly distributed. Metals and debris became commingled during the transition from mostly a refuse disposal operation in the early 1970's to metal disposal and salvaging of the early 1990's. This "zone of transition" between garbage and metals disposal is the focus of this cleanup project. Approximately 4,000 tons of mixed metals and automobiles have been removed from the site. Debris still remain on site and comprise of non-metal materials and non -salvageable and salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and drums. The characteristics of debris which are non-metal in nature include wood, plastic, paper and a considerable number of tires. Much of the material which remains at the site is a mixture of these items which will not require sorting or removal from the site. The Kodiak Island Borough (Borough) wishes to contract a qualified contractor to sort metals, clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removal and haulage of some debris to the Kodiak Island Borough landfill and the grading of the area utilizing existing soil, rock and debris. 65 of 105 SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT (continued) The Contractor agrees to furnish all equipment and perform all the work necessary to complete the following cleanup activities. The Contractor will provide a trained crew with a supervisor skilled in scrap handling, debris removal and land surface grading. The Contractor will separate recoverable metals from debris piles remaining at Smokeys into the following categories: aluminum; other non-ferrous metals if they exist in adequate quantities; ferrous metals; automobiles. The amount of metal salvaged and transported to the Kodiak Island Borough Landfill facility shall not exceed 1,000 tons. Other materials such as wood, soil and rock, paper products, cable and other miscellaneous rubbish and solid waste materials shall not be separated. The Borough prefers to move a minimal amount of debris from site. Up to 4,000 cubic yards of debris may require transport from the site to the the landfill. The Contractor will work cooperatively and closely with Borough staff to determine grade levels and the amount of debris and metals ultimately transported from the site. The Borough reserves the right to determine the final method of disposal of debris and/or metals. If substantial amounts of wood are encountered, these materials can be separated and burned on site provided such burning does not produce black smoke. The Contractor is not required to provide transportation for any scrap material from locations other than Smokeys Metal Dump. The Contractor will be responsible to keep track of the amount of material which it collects for transport to the Kodiak Island Borough Landfill facility. C. ENVIRONMENTAL ISSUES Based on previous work which has been done on the site, no significant environmental hazards were or are they expected to be encountered on the site. The Borough acknowledges that General is not required to accept hazardous materials of any kind. 1. Definition. Hazardous materials are defined to include: (a) any "hazardous substance" as defined in CERCLA, § 101(14) or any "hazardous waste" as defined in RCRA and applicable regulations or any applicable federal, state or local laws or regulations, or (b) any form of radioactive waste material, contaminant or pollutant or any spent nuclear fuel as those terms are defined in any applicable federal, state or local laws or regulations. 66 o 05 C- !3-�"a Copia: original to Facility Coordinator Canary to Contractor 67 of t05 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Contract No. 93-8 Change Order No. 3 Project Name, Number & Location Amount of Contract & Change Orders :L kc y Metal Ue.i.ris L canup Original Contract $ 6 , U U J 410-40G-452-150-03-05 Previous Changes 135, 0o Contractor This Change :JO, OCG Jim r _Kodimk `1ark 142a 151:1::ii o.. kiloid, . �)t f Dr Adjusted Contract S7vt L� Description of Change Cost 'a?Le Cunt•::acr.ar :shall cut up i.ai9c metal iteiw uat+ tLal.Gpu1•L ups ;:0 2, 000 tos.:; of metal tc the: :sanitary L.:tuif 111. Metul i;:eraii at.E.11 ;.e idc:,tified by tic K;ii3 Lnvi. oivacntal Engi.tee3. prim.• to pro es:;iny. i:aci: load small Lc: weighed u ing Uie scalk.: ;:t rite landfill. `ALL ts item is t:4 be pa.i::; ut is ruts: of $44..30/pug ton. 1.c.le vt.lu.. of this item siii.11 nc+t excoe:. $t36,00 -k:. $::i•,000.Jar The time provided fix completion of Me contract is (mxtaegg (incn3ased) ( td) by 12 6 calendar days. This &raiment MN become an amendment to the contract and ail provisions of the contract wiii apply thereto Accepted By: ' >' 1 t r j,, -r7 „L.__ Date i 4 Contractor's Representative- . } • t Recommended: . �. � ' ��• - r '—• Date C� i ! v c Facili C ordinator Approved By: - i' . ,, Date ! /fO i ./4.1 _Contracting •e� , 1 w�. - - / ,',��r.a..• Is NW. la..r.1., e a • Piave Inn Copia: original to Facility Coordinator Canary to Contractor 67 of t05 PROTE,CT UPDATE KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT MARCH 1, 1994 SMOKEYS METAL DUMP CLEANUP This project will clear remaining debris and rough grade the ground surface at Smokeys Metal Dump. Initial debris removal includes tires and miscellaneous solid wastes along the margins of the site with a minimum amount being hauled to the landfill for disposal. In addition, small amounts of metal will be recycled. VILLAGE AND KODIAK METAL CLEANUP, PHASE II KIB is working to provide an estimate of actual costs to remove metals island wide. KIB/DOT would assemble an agreement similar to the Phase I document. This funding covers junk vehicles not covered in the previous contract. ABANDONED VEHICLE RECYCLING PROGRAM Seven proposals were received by KIB Engineering/Facilities to recycle scrap metal currently being staged at the KIB Landfill/Baler Facility. This contract requires the contractor to remove gasoline, oil, batteries and anti -freeze from vehicles prior to shipment. KIB will maintain responsibility for the disposal of potentially hazardous materials. The contractor will maintain responsibility for assembling and shipping loads free of hazardous waste material or other hazards. Based on KIB's review of all proposals, recommended award of contract to Northern Exploration & Equipment Co. in the amount of $61.77 per ton of metal which is processed and shipped to a recycling facility off island. A contract has been written and is being reviewed by the attorney. The project start date has not been determined, but is anticipated to be sometime in April, 1994. KARLUK LANDFILL RELOCATE Ongoing. KIB staff continues to address issues regarding construction design and funding surrounding solid waste collection and disposal at Karluk. KIB staff has identified a site which would be suitable for the construction of a landfill. The filc "Karluk Landfill Project" has been prepared which contains information concerning the problem . 68 of 105 RIB OIL TANK REPLACEMENT A conceptual remediation plan is in progress and will be to ADEC for approval. Cost estimates for materials and construction are in progress to install the above ground gallon fuel tank to be located between DP & E/F wings of Building. HALER/LANDFILL ENGINEERING AND PERMIT UPDATES issued 3,000 Borough LANDFILL ENGINEERING RFP - Landfill Engineering RFP was issued and Proposals are due March 3, 1995. BIO -REMEDIATION PIT - Discussions with ADEC look positive for operating the bio -pit. A letter from ADEC approving the operation is forthcoming. Investigation into operation and management of the bio -pit is being evaluated and a draft contract will initiated. HOUSEHOLD HAZARDOUS WASTE - Work on a RFP is continuing. Bids for a hazardous material storage building have been received and a recommendation to the Borough Assembly will be drafted. FINANCIAL ANALYSIS OF SOLID WASTE PROGRAM - Initial investigation has started and will continue through the summer. 1 have requested several solid waste reports from the Finance Department. RUSSIAN RIVER CLEAN-UP A draft contract for disposal services has be written and will be finalized for signature. samples of the contaminated soils will be collected and a disposal plan submitted to ADEC for approval. RECYCLING PROGRAM Nothing to report. HEALTH AND SAFETY PROS Work is continuing on the H&S Policy and Procedure Manual. Effort to formalize the H&S Committee Meeting Agenda will be emphasized. CEINIAR TSUNAMI WELTER/LIBRARY CENTER Engineering changes and permit applications are in progress. A 500 gallon fuel tank has been placed on the site. Contractors will be submitting bids on their respective trades (i.e. interior electrical, interior plumbing and heating, exterior site work and utilities) in anticipation of starting this March. A 15 kw emergency generator has been purchased and a generator shed is under construction. The project estimate and schedule is n.•v.. .... •-l.. k... ...v F:w�1is .,.i a.. r7 4c nlannnr7 4-- hda (..nmmla*farl by 0Ar1v 69 of 105 Kodiak Island Borough MEMORANDUM DATE: MARCH 6, 1995 TO: TERU: BOB SCHOLZE, FROM: BUD CASSIDY SUBJ: PLANNING AND ZONING COMMISSION ITEM FOR THE MARCH 15, 1995 P&Z MEETING RE: CASE S -954-Q05 VACATION AND REPLAT OF SMOKEY'S DUMP (LOTS 2 & 3 LAKESIDE SUBDIVISION, 2ND ADDITION) I. INTRODUCTION Action in this case would perform two items that are needed in the Borough's effort to create a park from this former metals dump. These items include: 1. Reducing the length of the cul-de-sac; and 2. Eliminating an interior lot line to aid in future construction. II. PARK As you know, it has been the goal of community to clean up this former dump site and make it into a usable area. Various conceptual park plans have been entertained. These concepts change daily as the area is surveyed and mapped. Also occurring is the formal process of closing this former dump. Presently, waste material (primarily composed of clay from the hospital construction project) is being spread on top of this former metals dump. This clay material meets DEC's minimum requirements for closing dumps and landfills. To be closed out, dumps are required to be sealed with a tight -grained material that prevents rain and surface water from percolating down and through the debris that made up the landfill. III. RECOMMENDATION This plat provides more area for park construction by eliminating a portion of the 60 foot wide right-of-way. It also eliminates an interior lot that is no longer needed, creating one lot. It is recommended that this preliminary plat be approved. CO ThiUhY!':': Li.,. [l.JA4 Jrl DEF!,Rlin1E TT 0 of 105 II. SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT A. RECITAL The Kodiak Island Borough is a municipal corporation and political subdivision of the State of Alaska. The Borough requires a debris cleanup of Smokey's Dump, a former landfill located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that has industry knowledge regarding the separation, processing, loading, and general construction skills of scrap steel recycling, debris removal and site grading. The following elements are to be incorporated into the Construction Contract entered with the Contractor. B. SCRAP METAL/DEBRIS CLEANUP The area of land which is known as Smokey's Metal Dump was originally leased by the Kodiak Island Borough to private parties in February, 1966. The site was predominantly used to dispose of municipal solid waste materials ( see Figure 1 for the location of the disposal site). Solid wastes were conventionally landfilled at the site for the next 10 years. Burning of garbage was also conducted from time to time during the period of active disposal. During the late 1970's increasing amounts of scrap iron were brought to the site. By 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals, including automobiles and other debris continued to accumulate at the site, creating large unorganized piles which were randomly distributed. Metals and debris became commingled during the \ transition from mostly a refuse disposal operation in the early 1970's to metal disposal and salvaging of the early 1990's. This "zone of transition" between garbage and metals disposal is the focus of this cleanup project. Approximately 4,000 tons of mixed metals and automobiles have been removed from the site. Debris still remain on site and comprise of non-metal materials and non -salvageable and salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and drums. The characteristics of debris which are non-metal in nature include wood, plastic, paper and a considerable number of tires. Much of the material which remains at the site is a mixture of these items which will not require sorting or removal from the site. The Kodiak Island Borough (Borough) wishes to contract a qualified contractor to sort metals, clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removal and haulage of some debris to the Kodiak Island Borough landfill and the grading of the area utilizing existing soil, rock and debris. 71 of 105 file: debrls.wkl ret 10/25/93 Op tions #1A & #2 (2) 62,177 89% 54,060 73%. 711265 27% Option #3 (3) _ 8,000 11% 19,600_ 9,719 88% 28,000 50% 6: 12%_ 28,000 50% 1S Notes: (1) Available budget $80,000 (2) Options #la and #2 are largely haulage oriented. (3) The bulk of the project emphasizes debris fill on site. (4) The amount allocated to Option #3 appears understated. (5) BJd-submittedby Kodiak ice- ome Repair sizes buriaLcLdebri�_ ---- on site and the removal and transport of residual metals to the baler facility. The lowest level of effort is directed to hauling debris off—site. lvwestbid. (8) Slightly over available budget. 72 of 105 Northern (4) A—K 00 Spill (4) Kodiak Rpr (5) B e Bid Amount % of Tot Bid Amount % of Tot Bid Amount % of Tot_.Amount Bid % of Tot i Am Option #1A 311100 44% 10,500 14% 48,590 60% 14,000 25% 1f Option#2 31,077 44% 43,560 59% 22,675 28% 14,000 25% 4; Option #3 8,000 11% 19,600 27% 9,719 12% 28,000 50% 1 Total (1) 70,177 100% 73,660 100% 80,984 100% 56,000 100% 8. Op tions #1A & #2 (2) 62,177 89% 54,060 73%. 711265 27% Option #3 (3) _ 8,000 11% 19,600_ 9,719 88% 28,000 50% 6: 12%_ 28,000 50% 1S Notes: (1) Available budget $80,000 (2) Options #la and #2 are largely haulage oriented. (3) The bulk of the project emphasizes debris fill on site. (4) The amount allocated to Option #3 appears understated. (5) BJd-submittedby Kodiak ice- ome Repair sizes buriaLcLdebri�_ ---- on site and the removal and transport of residual metals to the baler facility. The lowest level of effort is directed to hauling debris off—site. lvwestbid. (8) Slightly over available budget. 72 of 105 PARKS & RECREATION COMMITTEE CIP FY 2010 — 2014 1. Parks & Fields Plan Iulti-Purpose Fields Construction (KANA, East, Softball Complex) 3. Mill Bay Beach Site Plan & Construction 4. Bike Path Extension (Marine Hill - White Sands) 5. White Sands Beach Improvements 6. Womens Bay Boat Ramp 7. 3 Walking Trails to North Star 8. ATV Park 9. Fairground Improvements Approved at the September 15, 2009 Parks & Recreation Committee Regular Meeting with a recommendation to forward to the Planning & Zoning Commission to incorporate into their CIP List. 73 of 105 CIP List Taken from the Septem r 9, 2008 R Minutes 41'149 0-e.e0 1. Road System Trails Plan Mill Bay Beach Softball Field Complex Womens Bay Boat Ramp 5. White Sands Beach Improvements 6. KANA Field Improvements 7. East Softball Field 8. Bike Path Extension 9. Rodeo and State Fairgrounds Improvements 10. ATV Park Other suggested projects: - Continuation of trail to North Star School and neighborhood - Alternative football/ultimate Frisbee/soccer multipurpose practice field 74 of 105 Page 1 of 2 Jim Ashford From: 'Full:), Ian' <ifulp©city.kodiak.ak.us> To: 'Bud Cassidy" <bcassidy@kodiakak.us>; "Rick Gifford" <rgifford@kodiakak.us> Cc: 'Bob Scholz& <rschoizea kib.co.kodiak.ak.us>; <WKoning(pkodiakak.us>; <Jashford©ak.net>; "Lund, Kris" <PUBMTSUPOdty.kodiak.ak.us> Sent: Thursday, March 04, 2010 10:18 AM Attach: IF and topsoil pile.JPG; DL Softbafl Field.pdf; DL SB Field.jpg The city has about 3,000 yards of topsoil (see attached photo) stored on the two Near island lots directly to the right as you come across the bridge. These lots have just been sold and now the topsoil needs to be moved, and a place is needed to move it to. I am requesting permission for the City to be allowed to move the topsoil to the Dark Lake area that was built, and at one time, designated to be a softball field. Since the original purpose of the area was for use as a sports field and since it was recently (within the last two years), approved by the Borough park board for use as a softball field, it may be that the topsoil would be Just what's needed to finally finish the project for the purpose it was originally Intended. Public Works is moving the material from Near Island today. If they can't take it to the Dark Lake area, they will have to haul it all the way to Gibson Cove—a long haul and a hard place from which to move it a second time. Would it be possible to get permission today (even this morning) to take the topsoil to Dark Lake, with the intention of temporary storage, but with the possibility of eventually sp reading K on the rock pad to be used as surface material to create a much-needed grass -covered sports field? I am copying Bob, Woody and Kris, because I've talked to each of them this morning about this. Jim Ashford is copied because he lives right next to the area in question and Is very Interested In what happens there. Ian Fulp—Director City of Kodiak Parks 8 Recreation 410 Cedar Sir., Kodiak, Alaska 99615 (907) 486-8670, FAX (907) 486-8674 ifulp@citv.kodiak ak,us 0,44 I� 3/10/201075 of 105 r Page 2 of 2 No vines found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2720 - Release Dale: 03/03/10 07:34:00 3/10/201077 of 105 State of Alaska DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SPILL PREVENTION AND RESPONSE CONTAMINATED SITES PROGRAM Soil Treatment Facility Guidance November 7, 2002 I 5 78 of 105 TABLE OF CONTENTS PURPOSE BACKGROUND INFORMATION 1 SOIL TREATMENT FACILITY DEFINITIONS 2 DISCRETIONARY CATEGORY DESIGNATION 4 THE OPERATIONS PLAN REVIEW PROCESS 5 ATTACHMENT A 7 Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners 7 Engineering Design Criteria for Hard -Surface (i.e. Concrete, Steel) Soil Containment Structures 8 l� 79 of 105 Purpose The Contaminated Sites Program (CSP) regulations require that the owner/operator of an offsite or portable treatment facility obtain approval of an operations plan before accepting or treating contaminated soil. The regulations are located at 18 AAC 75.365, and 18 AAC 78.273. 18 AAC 75.365 and 18 AAC 78.273 require the owner/operator of a soil treatment facility to provide complete containment of the contaminated soil before, during, and after treatment, until the contaminated soil meets the applicable cleanup levels. Proper containment structures for the storage and processing of contaminated soil and water is a crucial portion of any soil treatment facility. The costs associated with providing adequate containment structures at a treatment facility can be significant. The below criteria have been developed in order to provide direction to treatment facility owners/operators in the development of their operations plans and to assist CSP staff in their review of facility operations plans. The criteria are intended to develop and maintain statewide consistency in the regulation of soil treatment facilities by providing appropriate guidance for the containment of contaminated soil before, during, and after treatment. Background Information The department is receiving an increasing number of soil treatment facility operations plans for facilities operating in the Tess populated areas of the state. These areas typically do not have permanent soil remediation facilities such as those existing in Anchorage, Fairbanks, Kodiak, or Juneau. Many of the facilities operating in less populated portions of the state consist of thermal treatment equipment, designed to be portable enough to be transported by road, barge, or plane to remote areas. They are designed to provide cost -competitive soil treatment options off the established road system, or along the road system in areas of the state where the cost of transporting soils to a permanent soil treatment facility may be cost prohibitive. The nature and scope of soil treatment facility operations plans are varied. Many facilities are designed specifically to remediate soil at the facility or project site where the contaminated soil has been generated (often involves the treatment of a pre-existing stockpile of contaminated soil). Facilities that are set up at the project site where the contaminated soil has been generated are termed portable' treatment facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Other operations plans are designed for facilities that will receive contaminated soil from one or more offsite sources, requiring that the contaminated soil be transported to, and managed by, the soil treatment facility. Facilities that are established at a location to receive soils from one (1) or more offsite locations are termed offsite' facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Offsite operations plans cover the spectrum of operations from those intended to receive soils from a single project site/facility, to those intended to receive and treat soils from multiple project sites/facilities that may be within that area or region. The risk of secondary contamination at these offsite facilities varies due to the type of facility, existing site conditions and surrounding features and environment, and the intensity of use. Soil Treatment Facility Guidance 80 of 105 Soil containment provisions for portable soil treatment facilities and three (3) categories of offsite soil treatment facilities have been developed, so that appropriate containment provisions can be implemented in response to the relative risk posed by these differing treatment facility operations. Soil Treatment Facility Definitions Category A) Portable Treatment Facility: Portable treatment facilities are commonly set up at the contaminated site where the soil was generated. Examples of Portable Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. A minimum of l0 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days duration. A minimum of 20 -mil base liner is required in these areas for operations of greater than 180 days duration. Protection of the base liner should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminated soil is frozen or contains large aggregate/debris that would likely damage the base liner. A sand layer of adequate thickness to protect the liner should be placed on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category B) Offsite Treatment Facility Receiving Soil from One Contaminated Site: This category of offsite treatment facility is designed to receive, manage, and remediate soil that has been transported from the site where the contaminated soil was generated to an offsite location for storage and treatment. Examples of Offsite Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. Category B facilities are restricted to treatment of soil from only one contaminated project site (i.e., soil generated from a single contaminated site or by a single facility). A minimum of 10 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days duration. A minimum of 20 -mil base liner is required in these areas for operations of greater than 180 days duration. Protection for the base liner in contaminated soil containment, transportation, and Soil Treatment Facility Guidance 2 81 of 105 treatment areas should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, a sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminated soil is frozen or contains large aggregate/debris that would likely damage the base liner. A sand layer of adequate thickness to protect the liner should be considered for placement on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category C) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: Up to three years of operations The minimum soil containment provision for Category C offsite treatment facilities shall consist of the engineered design, construction inspection, and record drawings of the Tined contaminated soil storage, transportation, and treatment areas. It is recommended that the facility be designed such that the input or Toad hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the Tined contaminated soil containment areas prior to construction or use of the facility. These engineering plans must be sealed and signed by a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer must also provide sealed and signed record drawings, verifying that all Tined containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer's assistant, must inspect and document the installation process. Examples of lined, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Lined, engineered containment areas are limited to no more than three years of use (from the date that contaminated soil was first placed within the containment area), at which time the removal and closure assessment of that portion of the treatment facility is required. DEC approval of continued operations for a period of time that exceeds three years would require submittal of another engineered soil containment plan, construction of new soil containment structures, and construction inspection and record drawings by a registered engineer. Post -treated soil stockpiles at Category C facilities are to be contained until final verification samples have established that the contaminated soil meets the applicable Soil Treatment Facility Guidance 3 I� 82 of 105 cleanup levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category C facilities. Category D) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: More than three years of operations The minimum soil containment provision for Category D Offsite Treatment Facilities shall consist of the engineered design, construction inspection, and record drawings of concrete, steel, or other hard -surface, petroleum -resistant contaminated soil storage, transportation, and treatment areas. Soil containment areas for Category D facilities shall include a hard, petroleum -resistant surface that is resistant to structural damage by bulldozers, backhoe buckets, and front-end loader buckets. It is recommended that the facility be designed such that the input or load hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the hard surface contaminated soil containment areas, prior to construction or use of the facility. These engineering plans must be sealed and signed b) a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer shall also provide sealed and signed record drawings, verifying that all hard surface containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer's assistant, must inspect and document the installation process. Examples of hard -surface, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Post -treated soil stockpiles at Category D facilities are to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category D facilities. Discretionary Category Designation The above four (4) categories of soil treatment facilities are expected to address the majority of soil treatment facility operations within the state. Under certain circumstances, DEC staff may need to exercise discretionary authority in determining the most appropriate categorical requirements to apply to a soil treatment facility, which could increase or decrease the level of soil containment criteria required. DEC project managers should coordinate any discretionary category designation with supervision and the program staff responsible for reviewing Category C/D facility operations plans in order to maintain statewide consistency. The two most likely examples of such circumstances are discussed below: Large quantity of soil from one project: Soils from a single project totaling more than approximately 4000 cubic yards (-6000 tons) are proposed for treatment either on or offsite. Soil Treatment Facility Guidance 4 83 of 105 Concern would normally be greater for offsite treatment. Under this circumstance, DEC may exercise discretion to increase the soil containment criteria from Category A or B, and reclassify the facility to the more protective Category C. Factors that DEC will examine and consider include, but are not limited to: a) the sensitivity of the environment and current environmental conditions at the proposed soil treatment site; b) soil contaminant concentrations; c) soil treatment processing rate and the total span of time projected to complete soil treatment; d) whether soil treatment will occur during winter or freeze -thaw weather conditions; e) whether contaminated soil stockpiles will have to over -winter during the soil treatment process; f) whether the soil storage cell will be repetitively loaded and unloaded during the soil processing operation, thereby threatening the integrity of the base liner, compared to the strictly one time unloading of contaminated soil from a soil storage cell to the treatment equipment; and g) other project -specific considerations that relate to the risk of secondary contamination of the soil treatment site. Minimal quantity of soil from multiple projects: Soils from more than one project (generating site), totaling less than approximately 500 cubic yards (-750 tons) are proposed for treatment at a single processing location. Under this circumstance, DEC may exercise discretion to relax the soil containment criteria from Category C and reclassify the facility down to Category B. Factors that DEC will examine and consider include, but are not limited to: a) the remoteness of the soil treatment project from existing Category C or D soil treatment facilities; b) all of the factors identified in the preceding example — `Large quantity of soil from one project.' The Operations Plan Review Process: Protected Processing Times Category A and B soil treatment facilities requesting department approval of an operations plan should allow for a minimum 30 (Category A) or 45 (Category B) -day review and processing period from the date of submittal of the operations plan. A public participation process may be required for facilities in these categories, involving a three-day publication of a Soil Treatment Facility Operations Plan Notice in local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments in response to the notice will be directed to the department. Category C and D soil treatment facilities requesting department approval of an operations plan should allow for a minimum 60 -day review and processing period from the date of submittal of the operations plan. A public participation process is required for these facilities, involving a Soil Treatment Facility Guidance 5 84 of 105 three-day publication ofa Soil Treatment Facility Operations Plan Notice in local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments in response to the notice shall be directed to the department. It would not be uncommon for the operations plan review and public notification process for category C and D facilities to run longer than 60 days. Soil Treatment Facility Guidance 6 85 of 105 ATTACHMENT A Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners. (Maximum Approved Life of Three (3) Years) Base liners must be a minimum of 20 mil nominal thickness and comply with the Long Term Liner Specifications in 18 AAC 78.274(a), Table B. Liners should be factory seam sealed by the manufacturer whenever possible. Field seeming of liners is only allowed when conducted in accordance with the liner manufacturer's recommended procedures, to include any certification, training, and experience requirements placed on field seaming workers. Field seaming methods must be clearly specified in the engineering plans for DEC review. Base soil specification for soils beneath and in contact with the liner are 100% passing the'/." US sieve, without sharp fracture surfaces on the aggregate. A minimum of three (3) inches of soil meeting this specification is required immediately beneath the base liner at all locations. If the base specification soil is not available or not used, an appropriate thickness protective felt fabric may be employed to offset the use of out -of -specification material to some extent, depending on the quality of the specific bedding materials proposed for use. The design engineer will need to research and support the use of the appropriate felt fabric in conjunction with any out -of -specification base soil. Base soils must be smooth with no sharp or irregular projections and sufficiently compacted to prevent settlement under the soil and vehicle loading that will occur over the linered containment area. The base soils should, at the minimum, be proof -rolled under the observation of the engineer. The engineer is required to inspect and approve the prepared soil base prior to placement of the synthetic liner (or protective felt fabric if used). Cover soil specification for soils above and in contact with the base liner are 100% passing the 3/8" US standard sieve, sandy, free -draining soil. A minimum of 18" of cover soil must be maintained above the base liner at all times, prior to heavy equipment and vehicle travel over the base liner. This will require special soil cover placement techniques, which must be described and specified within the engineering plans. The 18" minimum applies to entry and exit ramp areas also. If the cover specification soil is not available or not used, protective felt fabrics may be employed to allow the use of some out -of -specification cover soil. In this situation, the design engineer will need to research and support the use of an appropriate felt fabric for use with out -of -spec cover soil. The engineer is required to be present during the cover soil placement process in order to certify that proper soil placement techniques have been employed. Whenever protective felt fabrics are used, a minimum 12" overlap is required at all felt joints. The perimeter of the liner shall be bermed a minimum of 6" above the surrounding soil surface to prevent surface water intrusion of the containment cell. Soil Treatment Facility Guidance 7 86 of 105 A minimum of 18" of cover soil must be maintained over the synthetic liner at all times throughout the life of the soil containment cell. The design should include provisions that will help to ensure that the owner/operator will maintain the minimum of 18" of cover soil during operations. An Alaska registered engineer or registered land surveyor shall provide survey control and documentation during the construction process, and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Soil containment cells must be designed and contoured such that nondomestic wastewater collecting within the cell(s) can drain to a monitoring and de -watering sump. This sump, in combination with the free -draining cover soil within the cell, will provide a means for both monitoring the accumulation of wastewater and evacuating excess wastewater to prevent cell flooding. The free -draining soil must remain structurally stable and support vehicle loading when saturated. A provision for the handling, storage, processing, and ultimate disposal of nondomestic wastewater must be provided in the plans. The plans must include a provision for the operation and maintenance of the monitoring and de -watering sump. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, so as to be able to certify that the structures were constructed as intended and in compliance with DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). En2ineerine Desi>Yn Criteria for Hard -Surface (i.e. Concrete, Steel) Soil Containment Structures. Hard -surface soil containment cells require the following: Engineering plans, details, drawings, and specifications must be signed and sealed by a registered engineer demonstrating proper base soil materials selection, placement, and preparation in order to support the multi -season and long-term use of the concrete or other hard -surface, petroleum resistant containment cells. An Alaska registered engineer or registered land surveyor must provide survey control and documentation during the construction process and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Engineering design plans and specifications for the concrete slabs or other hard, petroleum resistant surface, identifying the loading design parameters, must be signed and sealed by a registered engineer. Soil Treatment Facility Guidance 8 87 of 105 A roof covering the soil containment cells is preferred. For plans lacking a roof, contours and provisions must be included to control, contain, handle, process, and dispose of nondomestic wastewater that accumulates within the soil containment cells. The engineering plans must include a Tong -term inspection and maintenance program to ensure the structural and watertight integrity of the concrete pad or other hard, petroleum resistant surface. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, so as to be able to certify that the structures were constructed as intended, and in compliance with the DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). Soil Treatment Facility Guidance 9 a,z5 88 of 105 Jim Vicki Ashford From: O'Connell, William A (DEC) [bill.oconnell@alaska.gov] Sent: Wednesday, March 03, 2010 2:46 PM To: jimvick@alaska.com Cc: Ha, Young (DEC) Subject: RE: SMOKEYS DUMP Attachments: soiltreat_2002_10_07.pdf Hello Jim, I managed to locate one very thin file in the Solid Waste Program Archives however it only deals with a lawsuit filed by the State against Mr. Stover in the mid 1970's (the State lost) and there is nothing in the file about the cleanup. I also asked a few longtime DEC employees if they remembered anything about it, and all they could recollect was that a pond at the site had been filled in then the area was capped with clay/silt to shed water and keep it from interacting with the buried debris, then the ball fields were built. —�'�- To reiterate what I said in our original conversation, soil remediation at the property in question has not been approved by DEC, nor have we seen any plans that propose it, nor has the transport of the soil from its current location to the lot next to yours been approved. If you see soil being moved to that property, please let me know. Soil treatment facilities of this nature have to follow our guidance, which I've attached for your reference. Bill Bill O'Connell, C.P.G. Environmental Program Specialist ADEC Contaminated Sites Program (907) 269-3057 From: jimvick@alaska.com [mailto:jimvick@alaska.com] Sent: Tuesday, March 02, 2010 9:30 PM To: O'Connell, William A (DEC) Subject: RE: SMOKEYS DUMP I find it hard to believe that an agency like DEC would lose any type of inspections reports on cleanups as large as this, 1991 started finished 1995+++ It could be under Kodiak Island Borough, lakeside 2'' addition -lot 2 or 2A, Anyway they capped this off with excavated fill from the hospital site and then put a few feet of 3in minus on top, I bought the property next door and cleaned it up( it had 96 wrecked cars on it , I have cleaned it up and built 8 storage building on it, plus my residence which is 5 ft from the lot they want to put this remediation project on. On the other end of this Int is a baseball -football field, is there any regulations on where they can put a remedition project, distance from residences ect do they have to seal the ground???Do they have to protect us from the flumes, thanks for your help, jim From: O'Connell, William A (DEC) [mailto:bill.oconnell@alaska.gov] Sent: Tuesday, March 02, 2010 2:21 PM 1 89 of 105 KODIAK ISLAND BOROUGH Engineering & Facilities Department DATE: March 16, 2010 MEMORANDUM TO: Planning and Zoning Commission FROM: Woody Koning, Director Engineering and Facilities Department CASE: 10-16 Please include the following statements and photos into the record as a description of the applicant's position on this case. The Community Development Department is holding the KIB EF Department to the same standard as any other property owner applicant. Required fees have been paid from project funds and the following information is intended to support the applicant's (KIB EF) efforts to persuade the Commission to grant the request for Similar Use Determination and a Conditional Use Permit as in the best interest of the public. P&Z Case 10-016 Page 1 90 of 105 EXISTING STORAGE CELLS LOCATED ON HIGH SCHOOL LAWN P&Z Case 10-016 Page 2 91 of 105 AND MORE CELLS ON LAWN BETWEEN HIGH SCHOOL AND BOROUGH BUILDING. This material must be removed from the high school campus. We are presently in the planning stages of the largest construction project in KIB history. The project site will be most difficult to build on with the soil removed, and impossible with the material in place. The DEC approved plan provided for temporary (six months) storage on the high school campus until a planned soil remediation facility was operational. That facility never materialized. KIB Engineering/Facilities Department (EF) hired a consultant to provide a practical alternative to shipping off -island. Several Borough owned properties were considered before selecting the proposed property. The consultant drafted a remediation plan and received DEC approval for the process and the site. P&Z Case 10-016 Page 3 92 of 105 LOOKING EAST FROM THE PROPOSED SITE TO A RETAIL BUSINESS LOT STORING EQUIPMENT AND DERILICT VEHICLES, AND BEYOND TO SAFEWAY AND BLOCKBUSTER. P&Z Case 10-016 Page 4 93 of 105 LOOKING SOUTH TO ADJACENT INDUSTRIAL ZONED LOTS. P&Z Case 10-016 Page 5 94 of 105 LOOKING SOUTHWEST OVER THE PROPOSED SITE SHOWING THE INDUSTRIAL ZONED LOTS TO THE LEFT AND PART OF THE GREENBELT TO THE RIGHT. EF learned that in order to stockpile soil in a Public Use Lands Zone we must acquire a Similar Use Determination and a Conditional Use Permit. EF applied for the permit and the determination with the Community Development Department (CDD). EF agrees that a use that is permitted and similar in character and impact in the zone would be governmental maintenance and service storage yards. Typical activities in such facilities include heavy equipment storage, servicing, and refueling; and storage of maintenance materials i.e. sand, gravel, salt, large rock, and soils. P&Z Case 10-016 Page 6 95 of 105 EXAMPLES OF MAINTENANCE AND SERVICE FACILITIES AND STORAGE YARDS INCLUDE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES YARDS. BUSKIN YARD P&Z Case 10-016 Page 7 96 of 105 REZANOF YARD P&Z Case 10-016 Page 8 97 of 105 CITY OF KODIAK PUBLIC WORKS REFUELING STATION P&Z Case 10-016 Page 9 98 of 105 CITY OF KODIAK MAINTENANCE FACILITY P&Z Case 10-016 Page 10 99 of 105 CITY OF KODIAK SALT SORAGE DOME AND WAREHOUSE P&Z Case 10-016 Page 11 100 of 105 CITY OF KODIAK MATERIAL STORAGE P&Z Case 10-016 Page 12 101 of 105 COMMERCIAL MAINTENANCE AND SERVICE FACILITIES AT BRECHAN ENTERPRISES P&Z Case 10-016 Page 13 102 of 1 D5 ANOTHER VIEW OF BRECHAN'S YARD P&Z Case 10-016 Page 14 103 of 105 ANDERSON CONSTRUCTION MAINTENANCE AND SERVICE FACILITY AND STORAGE YARD ADJACENT TO RESIDENTIAL PROPERTIES The process of passive remediation as described in the DEC approved plan is most similar nature to the activities taking place in these maintenance/service and storage yards than any other activities on Kodiak Island. However, both the impacts and potential hazards present in these maintenance yards is greater than those the project activities will create. The probability of petroleum spills is far greater when transferring flowing products between tanks and vehicles than it is when storing contaminated soils totally encapsulated in liners designed specifically for this purpose. No refueling, servicing, or storing of equipment will take place on the property. Not to mention the frequency and volume of equipment traffic. Equipment will only be on site for periodic aeration of the soils. The passive remediation process is quite innocuous to its surroundings. However, it does take time. EF fully expects to complete the process within two summer seasons. EF suggested a two year limit on the Conditional Use Permit, but CDD recommended four years with P&Z Case 10-016 Page 15 104 of 105 no valid basis for the additional two years. EF would agree to a two year term on the permit with the understanding that there is a slight chance of requesting a one year extension should the process work slower than expected. However, the question before you tonight is not to pass judgment on the remediation process, but rather the question before you is to determine if storage of diesel contaminated soils encased in an impermeable cocoon is similar in character and impact with the activities of the maintenance/ service and storage yards identified above; and by granting this use will the project maximize benefits to the public; and will it not be harmful to the public health, safety, convenience, and comfort; and will the project not harm the value, spirit, character, and integrity of the surrounding area. P&Z Case 10-016 Page 16 105 of 105 Mr. Woody Koning Engineering & Facilities Dept. 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us April 26, 2010 Re: Case 10-016. Adopt findings of fact in support of the commission's denial of a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. Dear Mr. Koning: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above under Old Business at their May 12, 2010 special meeting. This meeting will begin at 6:30 p.m. in the Kodiak Island Borough Conference Room, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, cctinekw Sheila Smith, Secretary Community Development Department March 19, 2010 Mr. Woody Koning Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 10-016. Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. Dear Mr. Koning: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on March 17, 2010 denied your request cited above and postponed adopting Findings of Fact until their April 21, 2010 regular meeting. Findings of Fact are the commission's formal justification in support of their decision. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, ie tri -1 66.3 Sheila Smith Secretary OF 1111.1r Request a Similar Usminion al Current Location Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to 2647 Selief Lane store and remediate diesel contaminated soil presently Agenda Item VI D stored at the Kodiak High School and that it is similar in P & Z Case # 10-016 character to a government maintenance and service facility Kodiak Island Borough and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. ez 4 4•ft % 01 la of ip *,07: alVTA ori AOlaiiii - ....,,,e;.z witm w0211*V1 :lam: Rip; ' ,k„,,,,,l0,„.0r.,.4,.. 4 4, 3 ter; ID011ira s .�r.t0, ire: • .. � ,-M_, •,•-,. .44A -‘S Spy 4/1 r sitl, . . : , . ,`.,O`er` ♦ 4111100/111111 41 i� rtaheviii, ..,.. t SA 1411111 1 lks* • OE se 4 „,,,,,o,t,,,„,.. . ., . . .zw\--- Kodiak Island Borough GIS Legend Iv� W � g Subject Parcel% t-: ,,•,,-- �� 700 1.400 2.800�� Feet i Notification Area S This map was prepared from the Kodiak Island Borough's GIS System. II is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department al (907) 486-9333. ,,; Kodiak Island Borough Zoning Map Community Development Department ,,i Nor illRequest: a Similar Use Determination and Conditional User Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to° Current Zoning store and remediate diesel contaminated soil presently P & Z Case # 10-016 stored at the Kodiak High School and that is similar in Applicant: character and impact to a government maintenance and . -Kodiak Island Borough service facility and storage yard that is conditionally, permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. ... til 280 560 1.i2' Feet cp lai us 4,- (/ ib. ® 0,�I,- lry0 • pilips. ... le 4 ' - 40 .II viir _. .„„ grip dir -6 # ,,„, J.... ,„„„ ....„.,., , ..,, .74 _ 4117A .1/4Q. 4.L4* 4.....a* h. •%' ` 4 1 USS 3218 NAM I Zoning Legend Business Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential �// Split Lot Zone Industrial ® Public Use 11 Multi Family Residential 1 Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333 Public Hearing Item VI -D MEMORANDUM DATE: February 25, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 17, 2010 Regular Meeting CASE: 10-0k6 APPLICANT: Kod k Island Borough Engineering & Facilities Dept. REQUEST: A Si ilar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Use to store and remediate diesel contaminated soil presently stored at the odiak High School and that it is similar in character to a government mai enance and service facility and storage yard that is conditionally permitted in the PL—Public Use Lands zoning district. LOCATION: 2647 Selief Lane – Lakeside Subdivision, 2"1 Addition, Lot 2A ZONING: PL -Public Use Land Forty-five (45) public hearing notices were mailed on February 18, 2010. Date of site visit: February 25, 2010 1. Zoning History: The 1968 Comprehensive Plan identifies this area as public or semi-public. The 1976 zoning map indicated this area as being zoned service/recreation at that time. When this area was rezoned to I -Industrial in 1980 by KIB Ordinance No. 80-14-0, the motion indicated that it was being rezoned from Unclassified to I—Industrial. Lots 2 and 3, Lakeside Subdivision 2nd Addition were rezoned from I -Industrial and RR1-Rural Residential One to PL -Public Land Use by KIB Ordinance No. 95- 04. 2. Lot Size: Lot 2A 11.92 acres 3. Existin Land Use: City maintained ball field/vacant Case 10-016/Staff Report Page 1 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D 4. Surrounding Land Use and Zoning: North: Lots 1A-3, U.S. Survey 3465 Use: Vacant/Recreation Zoning: PL -Public Use Land South: Lots 1A-1, 1 B-3 & ID, Lakeside Subdivision 2nd Addition Use: Mini -Storage & Caretaker Dwelling (Lot 1A-1); Storage (Lot 1 B-3); Storage (Lot 1 D) Zoning: I -Industrial East: Tract A and Lot 7, Industrial Park Subdivision Lots 6A, 7A, 7B, 7C, 8A & 8B, Block 1, Shahafka Acres Subdivision Use: Outdoor storage, resource extraction (Tract A & Lot 7) Use: Residential (Lots 6A through 8B) Zoning: RB -Retail Business (Tract A & Lot 7); R2 -Two-family Residential (Lots 6A through 8B) West: Lots 1, 5A, 5B and 6, U.S. Survey 3466 Lots 1 through 4, Lake Shore Estates Use: Residential Zoning: RR 1 -Rural Residential One 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for Public Use/Ownership. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. 17.130.010 DESCRIPTION AND INTENT. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. Case 10-016/Staff Report Page 2 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D 17.130.030 CONDITIONAL USES. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. 17.200.050 STANDARDS. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.200.060 STIPULATIONS. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. 17.200.070 ACTION BY PLANNING AND ZONING COMMISSION. The commission shall render a decision on the application for conditional use permits within 30 calendar days from the date of public hearing unless the applicant consents to a postponement. The community development department shall incorporate any conditions and requirements stipulated by the commission in the conditional use permit. An approved conditional use must be permitted within a two-year period to be valid. Case 10-016/Staff Report Page 3 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B-1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The project will not involve the placement of structures. dredge or fill material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. POLICY B-3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The project location is not adjacent to or within coastal waters. C. Natural Hazards POLICY C-1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re -vegetate with native species for areas where development necessitates removal of vegetation, unless re -vegetation activities would cause more damage. Consistency: Not Applicable. The project location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The project location is not located in a steep slope area or identified as within an erosion hazard area. D. Coastal Habitats and Resources POLICY D-5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable. The project does not involve a wind generation project. Case 10-016/Staff Report Page 4 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the development or construction of an energy facility. H. Recreation POLICY H-1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non -recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable. Although there is an existing ball field on the subject property, the site has not been formally designated for recreational use such as in a designated park sense. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not Applicable. The project is not located on or near a water body. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not Applicable. This is not an area specifically identified or reserved for recreational use under 11 AAC 114.250(c). I. Archaeological and Historic Resources POLICY 1-1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified as a historic or prehistoric designation area. POLICY 1-2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Case 10-016/Staff Report Page 5 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D Consistency: Not Applicable. The project is not located within a designated area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(i). K. Mineral Extraction and Processing POLICY K-1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources. 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A REQUEST The KIB Engineering & Facilities Department (KIBEFD) is proposing to relocate approximately 1,600 cubic yards of contaminated soil previously excavated and temporarily stockpiled on the Kodiak High School property. This contaminated soil was excavated and stored as an unanticipated result of an underground fuel storage tank replacement project completed in 2007. Once the soils have been relocated, the soils will be uncovered and turned over to aerate the soil periodically as a form of passive remediation. This remediation method relies on natural Case 10-016/Staff Report Page 6 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D bacteria to breakdown the hydrocarbon contaminants and the bacteria require periodic aeration in order to function at optimal efficiency. The total time projected for storage and remediation is expected to take at least two seasons with periodic testing conducted to help determine the effectiveness of the remediation process. Once the soil is considered clean by ADEC standards it will be disposed of either on site or at another location to be determined. Currently there are five (5) contaminated soil stockpiles staged at the high school site, each contained within an individually lined cell. Although contaminated soil stockpiles are not typically permitted in the PL -Public Use Land zoning district, these byproducts of the underground storage tank replacement may be considered to be subsidiary and incidental to the operation of the site just as we would distinguish the large underground storage tank itself from being consider bulk fuel storage as a principal use. Once the material is severed from the site of origination however, it must be addressed under the zoning on the merits of the perceived consistency between the use proposed and the uses allowed in the particular zoning district. In this case, the KIBEFD proposes to relocate and reorganize the contaminated material on Lot 2A, Lakeside Subdivision 2nd Addition. In the process of relocating the contaminated soils, the soils will be field screened and tested by an analytical sampling methodology in order to allow the more contaminated soils to be grouped together and the less contaminated soils to be grouped together. According to the Contaminated Soil Stockpile Work Plan, submitted by TELLUS, Ltd., and dated June 2009, all contaminated soil removed from the Kodiak High School stockpiles will be segregated, transported to and staged at the new (proposed) contaminated soil staging area located at Lot 2A, Lakeside Subdivision (2nd Addition). Upon relocation, the stockpiles will be labeled, covered and secured. After the soil is relocated and the associated analytical results are obtained, efforts will be directed towards reviewing existing soil disposal or treatment options. The contractor indicates that thorough efforts will be made to prevent the escapement of any liquid and/or contaminated soil during the loading and hauling activities involved in relocating the materials. All contaminated soil to be temporarily stockpiled will be placed upon a petroleum resistant liner having a minimum thickness of 20 mil. In addition, all temporary soil stockpiles will be constructed in a way that will not retain water and be in accordance with ADEC's Long -Term Contaminated Soil Stockpiling Requirements as set forth in 18 AAC 78.370). Additional conditions set forth in the proposal are as follows. No contaminated soil will be: Placed within 30 feet of the edge of a gravel pad or native vegetation, Placed within 100 feet of any surface water body, Used for berms or containment structures, or Used to cover/bury any items or debris. All stockpiled soil will have been initially field screened, segregated into lots and preliminarily classified. The soil lots can then be covered with 10 mil, nylon reinforced, plastic top cover. The temporary contaminated soil stockpiles and the surrounding area will be maintained throughout the duration of the project. Case 10-016/Staff Report Page 7 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D Similar Use Determination This case is being presented in two phases based on the nature of the proposed use and the zoning district involved. Similar use determinations are permitted at the Commission's discretion under KIBC 17.15.090. The petitioner, KIB Engineering & Facilities (KIBEFD), has requested a similar use determination to determine that the storage and passive remediation of heating oil (diesel) contaminated soil presently stored at the Kodiak High School is similar in character and impact to a government maintenance and service facility and storage yard which is a conditionally permitted use in the PL -Public Use Zone. As staff has done in previous cases, both the similar use determination and the conditional use permit are being presented in one staff report. However, the Commission should keep in mind that these are two separate decisions, even though it is only one land use request, and that each decision has its own code criteria for review. Staff is presenting the similar use determination first because if, after review, the Commission finds that the proposed use is not similar in character and impact to a government maintenance and service facility and storage yard, then the conditional use permit is largely a moot point. The basic outline of the applicant's request is presented in the preceding section and staff did discuss this request with KIBEFD staff prior to application submittal. Due to the fact that the proposed soil remediation use does not involve thermal desorption (i.e. heating/burning) methods as part of the remediation process, staff believes this request is an equivalent use similar to a government maintenance facility. As indicated in the petitioner's submittal, the contaminated soil will be stored on Lot 2A temporarily, in accordance with ADEC requirements, and in cells very similar to the ones currently located on the high school site. The material will be segregated into two categories, minimally contaminated and substantially contaminated. Although the submittal focuses mainly on the stockpiling and testing plan, verbal communication with KIBEFD staff indicates that the chosen remediation method is a passive one that relies on natural bacteria to break down the hydrocarbon contamination. The process is expected to take at least two seasons and will require occasional uncovering of the material to aerate the soils. In the process of analyzing the similar use, staff has relied upon the definitions contained in the "The Latest Illustrated Book of Development Definitions". The similar use determination is based upon two principal criteria, is the proposed use similar character to a permitted or conditional in the zoning district, and is the use similar in impact. As referenced on page 73 of the "development dictionary", character is largely based on the visual and aesthetic nature of the uses being compared. Page 201 of the "development dictionary discusses impact analysis which focuses on the direct and indirect effects of a proposed development on utilities, storm water, traffic circulation and other factors. Although not a named criterion in the similar use procedure, staff believes that these two criteria, taken together, speak to the compatibility of the land use in surrounding land use context (page 86). On the other pages of the "development dictionary" staff has provided a number of definitions to describe what activities may be represented by a "government maintenance and service facility and storage yard". These definitions include, but may not be limited to, automobile repair, Case 10-016/Staff Report Page 8 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D automobile service garage, automotive repair services and garages, garage municipal, garage public, garage repair. Staff has also included a definition of government agency (page 175) given that the intent of the PL -Public Use Land zone is heavily based on a premise of government ownership and use. Without getting into a detailed analysis of the preceding definitions, staff will instead provide a couple of examples that are believed to be representative of maintenance and service faculties and storage yards. Lot 28 and 29B, U.S. Survey 3098 is the City of Kodiak Public Works garage and storage yard. Tract C-1 A is the Brechan Enterprises maintenance and storage yard. Lot 23, U.S. Survey 3098 is the Redhook Construction maintenance garage and storage site. Although these examples include both government and private sector maintenance and storage facilities, staff believes that these sites are directly comparable to the conditional use of "government maintenance and service facility and storage yard" that is set forth in the PL -Public Use Land zone. On these sites are stored heavy equipment and other related materials. In many cases equipment is field serviced outside with lube trucks, occasional fuel transfers and the sites may be generally used for storage of all manner of equipment and material when not in use on construction projects or road maintenance activities. Interestingly, staff notes that there is evidence of equipment storage and maintenance on the lots across the street from the proposed site (Tract A and Lot 7, Industrial Park Subdivision). While the above referenced sites are all located in the business zones, it is the use and activities that staff believes to be directly comparable to the similar use request in this case. Each of the preceding examples implies some incidental risk of site contamination with fuel or lube oils, however this is regulated by ADEC and these users will typically have absorbents and other clean-up materials available to address such incidental contamination. The proposed use is largely one of contaminated soil storage (subject to ADEC regulation and monitoring) with occasional aeration of the stored soils. Given the passive nature of the use, the location and size of the site, and the level of risk involved with handling the material, staff believes this use is similar to the government maintenance and service facility and storage yard use identified in the PL -Public Use Land zoning district. That said, staff believes that it may be prudent to place certain conditions on the proposed use to further define the limits of the use and to ensure the use does not result in a negative impact to the surrounding area. In order to provide limits on this use and to give meaning to the word "temporary" as used in the application materials, staff recommends that a 3 or 4 year limit be placed on the use. This will help to ensure that the project will be completed and demobilized within a reasonable time frame or, if not, a further showing of need be presented to the Planning and Zoning Commission to justify an extension of the conditional use permit. Conditions of approval will be addressed in the conditional use portion of this staff report. The application references that the new storage cells will be "secured" at the new site. Staff would suggest it be made clear that this will include temporary fencing similar to what is already in place the a the high school location. There is evidence of off-road vehicle activity at this site and it would not prudent to allow casual access to these storage cells that might increase the potential for cell damage or leakage. Case 10-016/Staff Report Page 9 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D RECOMMENDATION Staff recommends that proposed storage and occasional aeration of contaminated soil is similar in both character and impact to a government maintenance and service facility and storage yard conditional use in the PL -Public Use Land, subject to certain conditions of approval to limit the use. APPROPRIATE MOTIONS One appropriate motion is: Move to grant a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of hearing oil (diesel) contaminated soils as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use per KIBC 17.130.030, and to approve the findings in the staff report dated February 25, 2010 as "Findings of Fact" for this case. Findings of Fact Findings of fact in support of this decision are as follows: 1. This similar use determination is based upon the information submitted by the applicant, the Kodiak Island Borough Engineering and Facilities Department (KIBEFD), and review of the applicable zoning requirements and land use characteristics. 2. The proposed soil storage and passive remediation is determined to be similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard on the basis of land use and zoning criteria. 3. Concerns about site layout or compatibility with surrounding uses will be addressed by the Commission in the context of the conditional use portion of this case, regarding the need for stipulations or conditions of approval to ensure that the use is compatible with the PL -Public Use Land zone or other uses in the surrounding area. Case 10-016/Staff Report Page 10 of 13 P & Z: March 17, 2010 Conditional Use Permit RECOMMENDATION Public Hearing Item VI -D Staff recommends that the Commission approve a conditional use permit for Lot 2A, Lakeside Subdivision 2" Addition, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil, subject to conditions of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a conditional use permit (CUP), according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2"d Addition, subject to conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 25, 2010, as findings of fact for this case. Condition of Approval 1. The conditional use permit (CUP) is based upon and limited to the representations Contaminated Soil Stockpile Work Plan for Kodiak High School Soil Remediation Project, dated June 2009. 2. The maximum duration of the "temporary" storage and passive remediation is limited to four years from the date of the CUP approval. 3. The soil storage cells will be secured with a temporary chain link fence, similar to that erected at the high school storage location, in order to protect the storage cells from casual access by the public. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The surrounding area is a mixed use area of industrial, commercial, recreational and residential uses. Based on the nature of the proposed use as discussed in the similar use determination the use, subject to conditions of approval, is compatible with the uses of the surrounding area. The site is substantially from the RR1 zoned area by substantial topography and at least 100 feet of greenbelt buffer and road right-of-way located at the edge of Lot 2A. The use is considered similar in character and impact to that of several maintenance and storage sites located along Mill Bay Road and perhaps of the equipment storage and activities occurring across the street from the proposed storage site. Case 10-016/Staff Report Page 11 of 13 P & Z: March 17, 2010 Public Hearing Item VI -D The conditional use is limited to contaminated soil storage and passive soil remediation as described in the proposal. Any other use or form of soil remediation would require a new similar use and conditional use permit review for this site. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL -Public Use Land zoning district and the CUP standards. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The proposed use will not be harmful to the public health, safety, convenience or comfort. The contaminated soils have been stored in a very public location near the high school and borough buildings. The soil storage, remediation and handling activities will all be undertaken in accordance with the applicable ADEC regulations and overseen by a qualified contractor working directly with KIBEFD. Additional conditions are being required to ensure the use is of a limited duration and that the site is not available for casual access by unauthorized persons. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The PL -Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by industrial and commercial lands. There is substantial topography, fencing, vegetation and physical separation between the proposed storage site and nearby RR 1 zoned residential areas along Dark Lake Road. Because of the evidence of public access to the site, additional conditions or safeguards will be applied to the proposed use to ensure that the use does not create a negative impact to the surrounding area. 5. The proposed use or structure is located in a manner which will maximize public benefits. The KIBEFD has maintained the storage of the contaminated soils on the high school location where they originated for nearly three years. The location and manner of storage at this location does not permit adequate room for even passive soil remediation and due to the amount of public access it is not considered practical or advisable to remediate the soils at this location. The site at Lot 2A is a level and well drained area that permits a great deal of area to work in. The land is owned by the borough and the storage of the contaminated soils can be undertaken without interference of other uses taking place in the area. Case 10-016/Staff Report Page 12 of 13 P & Z: March 17, 2010 P(,41t TheAI 11 ustrated Book of NEW MAO EXPANDED EDITION IARVEY S. MOSKOW1 and: CARL G. LINDBLOOM Definitions relied up by staff in this case ar( hown in red boxes. CHANNEL CHANNELIZATION had been conducted previously, e.g., food had been served previously and continued to be; there had been music in the restaurant and continued to be; there was serving of alcoholic beverages previously and con- tinued to be. The Supreme Court held that this quan- titative analysis was improper and that the focus in cases of this type must be on the quality, character and intensity of the use viewed in their totality and with regard to the overall effect on the neighborhood and zoning plan (83 NJ. 309 at 314). As a restaurant it had been open every day but now was open only one day and three evenings; the primary use of the dance hall had been incidental to dining but was now a primary use; the music was formerly provided by live bands and was now recorded; admission charges were now made whereas there had been none; the bulk of the prior business was food catering, which now was discontinued. The Court concluded that there had indeed been a change of use and that the defendant was properly convicted... . The Supreme Court [also) noted that "an increase in the time period during which a conforming use is operated may justifiably be the basis for finding an unlawful extension thereof, just as changes in the functional uses of the land or increases in the area of use have been." (Belleville v Parrillo's, Inc. at 317-18) A watercourse with a definite bed and banks that con- fine and conduct the normal continuous or intermit- tent flow of water. (1) The straightening and deepening of channels and/ or the surfacing thereof to permit water to move rap- idly and/or directly; (2) a traffic control device that forces vehicles into certain traffic flows or turning movements. CHARACTER Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality. Comment: Examples of an area's character might in- clude: a pattern of residential gridiron, tree -lined streets with alleys for garage access and trash removal; a busi- ness district with uniformity in building scale, materi- als, setbacks, street furniture, and sign design; or a wa- terfront promenade with fountains, public art, and de- sign -coordinated street furniture of benches, light stan- dards, and trash receptacles. 73 Comment: Auto malls are very large establishments, often consisting of several dealerships. They are the result of the increasing cost of retail auto sales and cost efficiencies from combining services facilities. Because of their size, they are usually located on the outside of the central business district and developed commer- cial areas. They require large tracts of land, often m excess of 30 or more acres with good access. Planning considerations include controls on lighting and signage and requirements for screening and landscaping. A major problem is that because of their large size and combined repair facilities, auto malls may generate sig- nificant environmental problems, including pollution and runoff. ("Acres of Automobiles," Zoning News, June 1997) AUTOMOBILE REPAIR AUTOMOBILE REPAIR SERVICES, MAJOR AUTOMOBILE REPAIR SERVICES, MINOR See AUTOMOTIVE REPAIR SERVICES AND GARAGES; GARAGE, REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, weld- ing, and major painting service. The replacement or repair of any automobile part that does not require removal of the engine head or pan, engine transmission, or differential but may include incidental body and fender work, minor painting, and upholstering service. AUTOMOBILE SALES AUTOMOBILE SALES, USED The use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles (but may include light trucks or vans, trailers, or recreation vehicles), and including any vehicle preparation, warranty, or repair work conducted as an accessory use. The use of land and buildings for the display and sale of primarily used motor vehicles and may include re- pair and service facilities as well as financing and leas- ing services. Comment: The sale of used motor vehicles is cus- tomarily an accessory use to new car dealerships. Used - car superstores are a recent phenomenon, akin to the big box retailers. They usually provide one-stop shop- ping in the sale of used vehicles and include servicing, financing, and similar services. They occupy large land areas, usually on the outskirts of built-up areas. Good access and visibility are critical. As with auto malls, 38 planning considerations include site design, land- scaping, lighting, signage, and pollution. ("Acres of Automobiles," Zoning News, June 1997) AUTOMOBILE SERVICE STATION Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicu- lar fuels; servicing and repair of automobiles; and includ- ing as an accessory use the sale and installation of lubri- cants, tires, batteries, and similar vehicle accessories. Comment: The name "automobile service station" is probably a misnomer as more and more stations con- vert to fuel sales only and no longer undertake vehicle repairs. In addition, many gas -only stations are selling snack food, tobacco, drinks, newspapers, and similar convenience goods as accessory or appurtenant to the principal use. Some additional parking may be needed for shoppers other than those getting gas. At some point, the accessory use may become the principal use. Other zoning considerations include multiple use of the site, parking and circulation, signs, and landscap- ing. See MINIMART. AUTOMOBILE WRECKING YARD An establishment that cuts up, compresses, or other- wise disposes of motor vehicles. See JUNKYARD. Comment: Wrecking yards may also store and sell sal- vaged auto parts, but if so, they function as junkyards. AUTOMOTIVE REPAIR SERVICES AND GARAGES Establishments primarily engaged in furnishing auto- motive repair. rental, leasing, and parking services to the general public. Comment: This general category includes all major components of the automotive industry (except the dis- pensing of gas and oil directly into the vehicles), in- cluding parking lots and structures, all types of repairs, car washes, and rental and leasing activities. AUXILIARY LANE AVAILABLE SITE AVERAGE ANNUAL DAILY TRAFFIC (AADT) A part of the roadway striped for use but not for through traffic. A site with clear title, free of encumbrances that pre- clude development for low- and moderate -income hous- ing. (New Jersey Council on Affordable Housing 1993) The total yearly traffic volume in both directions of travel divided by 365. Comment: Generally replaced by Average Daily Traffic (ADT) counts. See AVERAGE DAILY TRAFFIC (ADT). 39 More important, however, new houses or expan- sions of existing houses should take place on the lot only in such a manner that the character of the existing streetscape is not seriously affected. This requires that the existing front yard and side yard setbacks remain the same, or in the case of the side yards, any encroach- ment take place toward the rear of the lot. Building heights can be increased, but that part of the roof that is raised should be set back farther from the front build- ing line. One additional point worth noting is that most houses are not built to existing setback requirements, except on very small lots. In other words, on moder- ately sized and larger lots, with the exception of the front building line, many houses can be expanded to the rear and sides and still conform to existing codes. But this type of expansion or new house will be signifi- cantly different from the existing neighborhood char- acter. A detailed survey of the existing development characteristics is needed to establish a realistic and ef- fective set of controls. This type of survey can best be done by the use of aerial photography. See COMMU- NITY DESIGN PLAN; DESIGN FIT. COMPATIBLE LAND USE A use of land and/or building(s) that, in terms of devel- opment intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely af- fect the quality of life of persons in surrounding or nearby buildings. See QUALITY OF LIFE; COMPATIBLE DESIGN. Comment: The definition spells out the specific criteria that should be examined but also includes a determi- nation as to whether the use adversely affects the qual- ity of life of the neighborhood residents. Compatible land uses may include different land uses that are mu- tually supportive and necessary, providing goods and services, economic opportunities, and a healthy and safe environment. COMPLETE APPLICATION An application for development completed as specified by ordinance and the rules and regulations of the ap- proving authority and the provisions of all required documents. Comment: Most states require that a determination of completeness be made within a specific period of time and on the meeting of all requirements specified in the 86 GAME OR GAMBLING GAME GAMING OR GAMBLING GAMING OR GAMBLING ESTABLISHMENT GAMING DEVICE OR GAMING EQUIPMENT GAP ANALYSIS Any banking or percentage game played for money, property, or any representative of value with cards, dice, or any device or machine and located exclusively within a facility licensed for such activity. The dealing, operating, carrying on, conducting, main- taining, or exposing for pay of any game. Any premises wherein or whereon gaming is done. See CASINO. Any device, contrivance, or machine used in connec- tion with gaming or any game. The study of available time between vehicles in a stream of traffic to determine the potential capacity of traffic turning to or from a roadway or crossing. GARAGE GARAGE, MUNICIPAL GARAGE, PRIVATE CUSTOMER AND EMPLOYEE A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Comment: A distinction should be made between park- ing, short- and long-term, and storage, such as that as- sociated with auto sales and unregistered vehicles. A structure owned or operated by a municipality and used primarily for the parking and storage of vehicles owned by the general public. A structure that is accessory to a nonretail, commer- cial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public. GARAGE, PRIVATE RESIDENTIAL A structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public. Comment: The combination of narrow lots and two -car attached garages can result in visually unattractive "snout houses" or "garage door" streetscapes. Solutions include using detached garages set back from the house with street access or fronting on an alley. In both cases, a covered walkway to the house can be provided. Side - entry garages are another possibility but usually require 170 at least a 115 -foot lot width. Another solution is shar- ing the driveway access and necessary turning courts with the adjacent lot. In this last example, three -bay side -entry garages can be accommodated with no det- riment to the streetscape. See SNOUT HOUSE. GARAGE, PUBLIC GARAGE, REPAIR A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public. Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. See AUTOMOTIVE REPAIR SERVICES AND GARAGES. GARAGE, SHARED RESIDENTIAL GARAGE SALE GARBAGE GARDEN APARTMENT GARDEN CENTER GAS PUMP GASOLINE STATION GASOLINE STATION AND CONVENIENCE CENTER (TRAVEL CENTER) A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not available to the general public. The sale or offering for sale to the general public of items of personal property by the owner or tenant of an improved lot in a residential district, whether within or outside any building. Comment: This definition limits sales to residential districts, appropriate to the noncommercial nature of this occasional activity. Some local regulations require a permit and fee, with restrictions on hours of opera- tion, a limit of two sales per household per year, and requirements for the removal of signs after the sale. Animal and vegetable waste resulting from the han- dling, storage, sale, preparation, cooking, and service of foods. See SOLID WASTE. See DWELLING, GARDEN APARTMENT. See NURSERY, RETAIL. See FUEL DISPENSER. See AUTOMOBILE SERVICE STATION. A gasoline station, fast-food restaurant, and convenience store located on the same lot and planned, operated, and maintained as an integrated planned development. 171 GOVERNING BODY 3. Par 3 golf courses have a par on each hole of 3 and an average of 2,000 to 2,500 yards. Typical ancillary facilities include a practice range, a clubhouse with dining facilities, and a pro shop. Other recre- ation activities may occur on portions of the property not developed for golf. The minimum acreage for each type of course is: Regulation: Executive: Par 3: 150 acres 40-75 acres 30 acres A total land area of 250 acres or more is preferred to accommodate 27 holes at each course. Potential for possible future expansion should be considered. The site should have topography, soils, and a configuration that will efficiently support golf course development. The site should be capable of withstanding intensive public use and should include ad- equate parking facilities to accommodate employees and guests. The course should be capable of being developed and operated in a fashion compatible with any significant envi- ronmental features. Land uses within or adjacent to the site should not unduly constrain the site or golf course opera- tion. An adequate water supply for irrigation is required. (Adapted from the Open Space and Recreation Plan 2003, Middlesex County, New Jersey( The chief legislative body, of the municipality. See LOCAL AUTHORITY; MUNICIPALITY. GOVERNMENT AGENCY Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, town- ship, authority, district, or other governmental unit. GRADE GRADE, FINISHED (1) The average elevation of the land around a build- ing; (2) the percent of rise or descent of a sloping sur- face. See SLOPE. Comment: Grade is usually described as finished or natural and measured in feet above sea level. There is a distinction between percentage of slope and degree of slope. For example, a 45 -degree slope is a 100 percent grade. See Figures 15 and 46. The final elevation of the average ground level adjoin- ing a building at all exterior walls after development. (BOCA 1996, p. 55) See FINISHED ELEVATION. See Figure 15. 175 ILLUMINATED SIGN See SIGN, ILLUMINATED. IMPACT ANALYSIS A study to determine the potential direct or indirect ef- fects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors. Comment: The impact analysis also can include fiscal, aesthetic, social, and legal impacts. The impact analy- sis serves a variety of functions. It should point out what impact the proposed development will have on the factors considered and what steps are needed to mitigate the impact. This is particularly true for envi- ronmental considerations, stormwater management, and utility needs. For projects that require variances, the impact analysis can be used to determine whether substantial detriment would result—an important cri- terion in the granting of a variance. Finally, impact analysis allows the municipality to plan. If, for example, a development of houses is expected to generate a given number of school-age children, an impact analysis can alert the local board of education to the need to ac- commodate the additional load. IMPACT FEE A fee imposed on a development to help finance the cost of improvements or services. Comment: Developers have long been required to pay for the cost of improvements necessitated by a develop- ment. These improvements include on- and off-site roads, utilities, and stormwater management facilities. Devel- opers have also been required to pay for their fair share of off -tract facilities that are needed as a result of their development. Through this method, off -tract intersec- tions may be improved, water and sewer mains enlarged, and additional off -tract drainage basins constructed. Impact fees are an extension of the philosophy that developments should pay their own way. Thus, where permitted by state legislation and local ordinance, an impact fee may be imposed on development for roads, schools, parks, fire stations, libraries, and other such public facilities. Where impact fees are permitted, they must be specific, based on a reasonable formula, and uniformly applied. IMPERMEABLE Not permitting the passage of water. IMPERVIOUS COVERAGE See LOT COVERAGE. 201 710 Mill Bay Rd., Room " '5. KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-939t$ www.kib.co.kodiak,ak.us Applicant Information l ))9/ak ` sza- ul3 Property owner's name 7/0 1 -//GL 13.g r Property owner's mailing address //.4171:244ti Ate - City State ^ 9At/ Zip Home phone Work Phone E-mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property Information 2744 So 2c o 20 Property ID Number/s L aT 2,1 . LAKE,,.s/aF ..1"‘”3v Legal Description Current Zoning: PL Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: C j7 Proposed Use of Property: / 1/ ft aF Gc�vrsli�/i�t7E� 540/4.- bV,T/.l /e& -A -f ArAcvki 1-D /ItIGL!// - .54422-g,//A/c r , eae& 207- ord SER /€3,Le (5EE Gavrig-/NiweR-TFD 50/2_ .Sjoe cPl'L6 li(/oRK f7i i 8Y TE[LuS i -T,2 ¢/2� q) (Note: Use additional sheets, if needed, to pr6vide a complete description of the proposed request.) Applicant Certification hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History Property Ownenature As -built Survey /72 /a0/0 Photographs Maps Other Date Authorized Agent's Signature Date 1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 )( Conditional Use Permit (KIBC 17.67.020.6) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)" App liF ion ,eceived by: Staff signature PAYMENT VERIFICATION Zoning Change. Fee Schedule: (per KIR Assembly Resolution t;rf. July 1, 2005) Less than 1.75 acres 1.76 to 5.00 acrec 5.01 to 40.0(1 acres 411,111 acres 01 more S350.00 5;750.00 S I ,Of10,110 51,500.00 TELLUS, Ltd. 2551 Susitna Drive Anchorage, AK 99517 TRANSMITTAL June 30, 2009 To: Mr. Ken Smith Hello Ken: Subject: Contaminated Soil Stockpile Kodiak Island Borough Work Plan Submittal See Attachments Attached are two (2) copies of the work plan submittal as requested. I will deliver a copy to ADEC for re- view and approval after I hear from you. Please contact me at 907-248-8055 or 907-529-0445 with any questions you have regarding this submittal. Sincerely, Sco t ErdAl*4°."1----- mann, .G TELLUS, Ltd. Phone: (907) 248-8055 Cellular: (907) 529-0445 Email: tellus@acsalaska.net Contaminated Soil Stockpile Work Plan for Kodiak High School Soil Remediation Project Kodiak, Alaska Prepared For: Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615-6398 (907) 486-9349 Prepared By: TELLUS, Ltd. 2551 Susitna Drive Anchorage, Alaska 99517 (907) 248-8055 June 2009 09-005 Contaminated Soil Stockpile Work Plan KHS Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska EXECUTIVE SUMMARY 09-005 June 2009 Page 1 This Contaminated Soil Stockpile Work Plan (plan) has been prepared by TELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KIB) for the Kodiak High School (KHS) Soil Remediation Project located in Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. During this project, previously excavated and stockpiled contaminated soil will be field screened, reloaded into trucks and transported to a new contaminated soil staging area. Field screen testing and subsequent analytical sampling will be performed by TET .T .US using appropriate equipment and approved methods to identify, quantify and classify all of the petroleum hydrocarbon contaminated soil located at KHS. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation efforts. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. Contaminated Soil Stockpile Woos. rian KHS Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska 1.0 INTRODUCTION 09-005 June 2009 Page 2 This Contaminated Soil Stockpile Work Plan (plan) has been prepared by TELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KIB) for the Kodiak High School (KHS) Soil Remediation Project located in Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation activities. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. 2.0 SITE DESCRIPTION Approximately 1600 cubic yards of contaminated soil was previously excavated and temporarily stockpiled at KHS during KIB's underground storage tank (UST) replacement project completed in 2007. The five (5) contaminated soil stockpiles are staged inside five (5) individually lined cells at KHS. The cells have been enclosed with temporary fencing and are located adjacent to the high school building. Trucks can be loaded easily onsite and any spillage will be cleaned up immediately. Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 3 3.0 HEALTH & SAFETY PROGRAM (HSP) Initial worker protection will be Level D (contact but non -respiratory) with an upgrade to Level C (contact and respiratory) should site conditions require. All workers will be required to minimize direct contact with hydrocarbon impacted soils. Exposure routes of inhalation, absorption through the skin, ingestion, and eye contact should be avoided. Appropriate protection and personnel behavior complying with the contractor's HSP will be required from all workers onsite. This will minimize the potential for exposure of workers to petroleum hydrocarbon contamination in the previously stockpiled soils. Contact protection (Level D) would include: high visibility work -grade outerwear, hardhat, gloves, safety glasses, hearing protection, and steel -toe boots while respiratory protection (Level C) would include passive -type, organic cartridge respirators. The consistent presence of elevated volatile levels in the breathing zone will prompt the contractor to review the current level of protection being used and discuss additional upgrades should it be deemed necessary. Ambient air quality monitoring around the existing contaminated soil stockpiles and at the new soil staging area will be performed using an organic vapor monitoring instrument (photoionization detector - PID). All ambient air quality monitoring information will be recorded in the TELLUS Daily Field Reports. The PID will be used to monitor hydrocarbon vapors in the atmosphere of the work area. Permissible levels in the work area should be monitored to determine actual concentrations in the breathing zone. Inhalation represents the most likely exposure pathway for these contaminants of concern. Should hydrocarbon vapors consistently exceed action levels of 20.0 units (PID) in the breathing zone without periodic ventilation or a breeze allowing workers to work upwind of the impacted area, an upgrade of worker protection may be necessary. Environmental and occupational safety regulations will be adhered to during all sampling, field screening and environmental monitoring / testing activities performed during this project. 4.0 FIELD SAMPLING PLAN (FSP) Mr. Scott Erdmann of TELLUS will serve as the qualified field sampler and independent environmental consultant for this project. Mr. Erdmann's qualifications are described in his resume which is attached to this document. He is familiar with activities associated with field screening, material sampling, and the interpretation of field and analytical data based on previous project experience, regulatory guidelines, and manufacturer guidance documents. The primary objective of this FSP is to obtain data, provide accurate information for soil classification and allow for segregation and the relocation of the previously stockpiled contaminated soil. 09-005cssplan Contaminated Soil Stockpile Work r Lan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 4 The FSP for this project will incorporate visual inspection, field screen testing, and analytical laboratory testing for hydrocarbon contamination within the stockpiled soil. Visual inspection and field screening will be performed throughout soil relocation activities. 4.1 Field Screening A Mini RAE Lite photoionization detector (PID) is tentatively planned to be used for field screen testing during this project. The PID will be calibrated at the beginning and the end of each work shift using isobutylene calibration gas. The first calibration is intended to set the instrument while the second calibration is performed to measure any instrument drift that may have occurred during the work shift. The calibration methods will be performed by TELLUS personnel in accordance with the manufacturer's specifications. The PID will be calibrated to the nearest tenth of a unit number. Field screening soil samples will be collected and placed in a plastic Ziploc bag to the level of one-third to one-half capacity. The bag will be sealed and the soil will be allowed to volatilize. The bag and its contents will then be heated to at least 60 degrees F, and a headspace reading will be measured. The associated field screening data will then be recorded in the TELLUS daily field report. This method and the summarized procedure are in compliance with ADEC's current environmental guidance documents. It is anticipated that at least one (1) field screening sample for every twenty five (25) cubic yards of stockpiled soil will be collected, inspected and measured. Based on the estimated volume of 1600 cubic yards, this would yield sixty-four (64) field screening samples. In addition to the PID, TELLUS will utilize the PetroFLAG onsite testing system in order to provide additional field screening data that can be used for correlation with the analytical laboratory results. It is anticipated that between ten (10) and twenty (20) PetroFLAG field tests will be performed, evaluated and recorded. 4.2 Confirmation Soil Sampling Discrete soil sampling procedures, based on field screening results, will be implemented during this project. The discrete soil samples will be collected and submitted for analyses based on observed visual and / or olfactory evidence along with elevated field screening readings as measured by the PID. The discrete samples submitted for analyses will be selected from at least twenty (20) soil samples with the highest field screening readings indicative of typical petroleum hydrocarbon contamination. Contaminated Soil Stockpile Work ?Ian 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 5 In addition, one (1) duplicate sample for every ten (10) discrete confirmation samples will be collected and submitted for analyses. This corresponding rate of ten (10) percent duplicate samples will assist in determining whether quality assurance / quality control objectives have been achieved during this project. The sampling of hydrocarbon contaminated soil will be conducted in accordance with 18 AAC 75 and 18 AAC 78. Sample packaging, handling, documentation, transportation, chain of custody, and reporting procedures will also be performed as specified in these statutes. Samples shall be analyzed for BTEX, GRO, and DRO as defined in Section 4.4 (Analytical Program) of this document. The samples will be numerically identified in a manner easy to understand and their locations will be documented in the TELLUS daily field report. The tentative plan is to correlate all field screening and sampling location results to the newly located contaminated soil stockpiles. Disposable sampling supplies will be utilized to minimize decontamination efforts. Decontamination activities required to be conducted as part of this project will be performed as per OSHA, ADEC, and EPA regulations. 4.3 Soil Classification During this project, soil will be classified as: CLEAN - Diesel Range Organics at 0 to 250 ppm Gasoline Range Organics at 0 to 100 ppm and CONTAMINATED — Greater than 250 ppm DRO Greater than 100 ppm GRO Exceeds ADEC Method 2 Soil Cleanup Levels for BTEX 4.4 Analytical Program Analyses to be performed during this project include: aromatic hydrocarbons (BTEX) using Method 8021B, gasoline range organics (GRO) using Method AK101, and diesel range organics (DRO) using Method AK102. Test America, Inc. (TAI) will be the contract laboratory providing the analytical testing services during this project. Analytical results will be furnished to the KIB within the tum around time requested. 09-005cssplan Contaminated Soil Stockpile Wo.. ..an 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 6 5.0 QUALITY ASSURANCE PROGRAM PLAN (QAPP) ADEC requires that any consultant or field personnel performing environmental monitoring and/or sampling be qualified based on the requirements set forth in 18 AAC 78 and be on ADEC's approved list. Mr. Scott Erdmann of TELLUS is qualified per 18 AAC 78 and is listed with ADEC as an approved environmental professional. Qualitative and quantitative objectives for data quality generated during the performance of monitoring and field sampling are critical to the success of this project. Conclusions and recommendations are formulated from this data and directly affect future project tasks and schedules. It is imperative that the data obtained is carefully evaluated for precision, accuracy, and completeness. KIB and their subcontractors will follow all regulatory and manufacturer guidelines when conducting data acquisition. Test America, Inc. (TAI) is the contract laboratory selected to conduct the analytical portion of this program. TAI is certified by ADEC, EPA, and the ACOE to perform the analytical testing specified in this plan. A copy of TAI's ADEC-approved laboratory QAPP is attached to this document for review. 6.0 CONTAMINATED SOIL RELOCATION & TEMPORARY STOCKPILING All contaminated soil removed from the KHS stockpiles will be segregated, transported to and staged at the new contaminated soil staging area located at Lot 2A, Lakeside Subdivision. The proposed haul route is to take Mill Bay Road to Von Scheele Way and then down Selief Lane to the staging area on Lot 2A. Lot 2A is a level, gravel pad area, that is more than large enough (11.92 acres) to accommodate the volume of soil that will be relocated. Upon relocation, the new soil stockpiles will be labeled, covered and secured. Petroleum contaminated soil will be transported in covered loads to the new contaminated soil stockpile area. Thorough efforts will be made to prevent the escapement of any liquid and / or contaminated soil during loading and hauling activities. All contaminated soil to be temporarily stockpiled will be placed upon a petroleum resistant liner having a minimum thickness of 20 mil. All temporary soil stockpiles will be constructed as to not retain water and be in accordance with ADEC's Long -Term Contaminated Soil Stockpiling Requirements (18 AAC 78.370). 09-005cssplan Contaminated Soil Stockpile WorK rian 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 7 In addition, no contaminated soil will be: • placed within 30 feet of the edge of a gravel pad or native vegetation, • placed within 100 feet of any surface water body, • used for berms or containment structures, or • used to cover / bury any items or debris. All stockpiled soil will have been initially field screened, segregated into lots and preliminarily classified. The soil lots can then be covered with a 10 mil, nylon reinforced, visquene top cover. The temporary contaminated soil stockpiles and the surrounding area will be maintained throughout the duration of this project. The soil staged in the new contaminated soil staging area shall be clearly identified and documented so contaminated soil can be tracked and monitored throughout this project. The field marking program shall be suitable to withstand the expected exposure elements. Quantities of material placed in the new contaminated soil staging area shall be estimated using truck counts. An effective anchoring system will be constructed using either clean material or timbers to secure the sides of both the top and bottom liners. The bottom liner will be folded over and then tucked beneath the containment structure. The top liner will then be draped across the containment structure and secured with either clean material or timbers outside of the containment cell. Sandbags, tires, or other suitable non -penetrating materials will be used at a rate of one item per each 200 square feet of surface area to secure the sides of the top cover from moving during strong winds, rain, etc. 7.0 REPORT SUBMITTAL 7.1 Field Summary Report TELLUS will provide all field and analytical laboratory results in ADEC Data Deliverable Package Format to KIB during this project. ADEC Analytical Data Review Checklists will be completed and submitted for each analytical work order performed by the contract laboratory. KIB will then forward copies of all field and laboratory results to ADEC for subsequent review and filing. A Final Project Report will be submitted to KIB and ADEC at the completion of the environmental sampling portion of this project. The report will include a narrative (discussing volume, disposition, justification, location and subsequent placement of all project soils) figures with sampling locations, field data, analytical laboratory data and a site photos section. It is understood that at the completion of the project, KIB desires to have a clear classification for all petroleum hydrocarbon impacted soils relocated during this project. 09-005cssplan Existing Soil Storage Cells at Kodiak High School_ Existing Soil Storage Cells at Kodiak High School_ A < ) V f s Haul Route to New Soil Storage Area. 4040200 LMA SURVEYING MIC. 0.0 BOK 1945 AIA5KA 40414 007 ) 444-6504 TAX CERTIFICATE 4,1 3.1 COME TMA ICOORD•C TO M *COWS Or rot 000NK &J40 1011C14N. kr. UM M96=D 110 OWE *CAW S.C. OMD NON PACO OI DE AD9u0 GLAND WOOL. APE PRA N OA/ WTD u KOPMI WLAA TM1 1 YC 0I mO/�C (r �.IW.�(. 0007*• AC Cis cf0 0rl 10 #4 K, •S WON 3WNERSHIP AFFI3AVIT (MR) 4(0.80 CERN, .41A1 . (1E) 'ARO) IHl *14(8(5 0r -NE PRORERF. S0VNN ND DESCROEC HEIRON (MCI 040011 •0 100 RA4I0 All (01(101005 FOR P4BWC LOWERS. SOWER. ALLEYS. 111000UClPMRS. PARKS MD OTHER PORDE AREAS DAMN MBEOM ACP.. :wD eDRaAON NOTARY'S ACKNOWLEDGEMENTS iAx TAA[ .EEA .ae1A4.W ROMANIN Sfa1 cb IMe 4141. l0 taw NE 00* .� ts"-- =OD - rONAG 0 L0 DR DNA RC ARA O - r0u.0 w w a. 1111 PEM • - I(1 N_ Ci ON 5. S ACM CERTIF;CATE OF APPROVAL BY ADEC .OKTENAIIR WRYER 044 RUSK* O(PMIIOOT or D.410110fr4 COAISERMTi5N .4111 REVIEWED PANS FOR 704* SW4011010M$ M451E1A1ER 0SPOSAC. *AD APPROVES THS 5(6044004 Pal 1.11.17110 616'/1 RECORDED •1100 /5,44,154 surf WO TIRE Or DATE ALASKA DECAR1YCNT Or (NVf*0004Nf4 CONSERVA0O4 4PPROM4C OrnC44l L.. NS 1M* PLAT APPROVAL 1.0041A RLNAO 04.44040 .1*00 49 4IG [010054044 Z f 7rr(4s .»RO E9 4/5/fk? cN4o DAV 3 .E7 -1G NS , nM t Eic w*N4 *4.01 5 1�0000' ' 104690 101.0 a a°r°I"` 14GM'� RECEIVED wAOR�P _ 1W • DATE 1•L/ CLERK : : fir. -EP 0ATE 9.:1 X76 C0104M +* h, Wig/4L SURVEYORS CERT/FICA TE 4uta curvy SAW A r AADNO.Y RUMOR" IRo WD0MR *D *MCTCE IIIAO 111KYM M M AME 00o.Ar 110 PEAT REPRICIRVID A SUDAN. 408 41140 AO WY OPEC,91PUM14N MD OW 114E ADIRAYD� 110vrIRVORPADD1 900. REFC0.• EMT At 111130 OR 0001 TAA M p4000. MD MIDI PURLS AIDE COAOIRT.T. DOC 3 4, `1. RLI1*RNA1 AAO 5m ti t- iL. -�,, MOM 40101W0 IaD 4•.440 VACATION; Or L015 1100 AND THREE 040 PORTIONS Or 8011 AND ELECTRICAL EASEMENT HEREON IN 711E LAKE510E SUBD611510N. 7114 00017100. U.5 S. 3467 PER PIA0 47- I0 IN ENC K01)41 PECORDMG DISTRICT. KODIAK, ALASKA. REP%AT TO; LOT 00'0-A Or 711E SMAS SU8061SK)N 111k THE 00010K ASLAND 80R000N 710 1,111 8AT ROAD KODIAK. ALASKA 99015 '40 1- • 100' p4' 0(44090•1 1010 1995 •1141110 1.011 1 or 1 Site Photo of New Soil Storage Area. • Alaska Business. License # .Alaska Department of Commerce;Comrnunity; and Economic Development • .. Division of Corporations, Business and Professional Licensiyrg P.O. Box, 110806, Juneau, Alaska 998'11-0806 This is fo certify that TELLUS LTD 240835 2551 SUSITNA DRIVE ANCHORAGE'AK 99517 owned by TELLUS LTD is licensed-bythe department to conduct business for the. period • October 08, 2008 through December 31, 2010 . for the following line of business 54 — Professional, Scientific and Technical Services This license shall.not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Emil Notti Commissioner Scott Erdmann Professional Geologist Environmental Assessment Planning Geo -Environmental Inspection & Testing Geotechnical & Hydrological Investigations Regulatory Compliance and Permitting Waste Minimization and Pollution Prevention EDUCATION Western Washington University BS, Geology,1985 REGISTRATION Professional Geologist No. 8084 (Alaska) PROFESSIONAL EXPERIENCE Mr. Erdmann is a licensed Professional Geologist with twenty-four years of experience in the geotechnical and environmental consulting industry. He has managed environmental projects throughout North America with extensive experience within Alaska. Related experience associated with civil construction / infrastructure projects have included performing a variety of environmental assessment and monitoring programs at numerous sites located on the North Slope, Kenai Peninsula, rural & interior Alaska along with sites in southcentral and southeastern Alaska. Recent project experience has incorporated performing field screening / monitoring of subsurface soils along with assessment of groundwater and hydrological parameters. Generation of regulatory agency approved work plans, Sampling & Analysis plans, waste disposal plans and project closure reports have also been completed. Mr. Erdmann specializes in projects involving the assessment and investigation of impacted soil and groundwater along with regulatory compliance reviews, waste minimization and spill contingency planning. Project experience includes numerous construction projects ranging from pads and civil structures to roadways, railway and associated airfield structures (aprons, taxiways, utilidors, runways, etc.) Project tasks have included; feasibility studies for remedial action planning, management of environmental assessment programs, implementation of environmental monitoring programs, and the review and assessment of waste streams, waste generation processes, disposal practices, and right -to -know programs. ;� Scott Erdmann, P.G. TELLUS, Ltd. Page 2 Resume Responsibilities associated with the acquisition of various federal, state, and municipal permits have also been performed. Material handling and spill contingency planning are additional areas of Mr. Erdmann's expertise. Associated geo-science experience includes subsurface soil investigation programs; geotechnical assessment during excavation and drilling projects; monitoring of piling installations; fill placement and compaction monitoring -during construction activities; and water well abandonment programs. ADDITIONAL EDUCATION AND CERTIFICATIONS State of Alaska Department of Environmental Conservation 18 AAC 78 Qualified Personnel Listing To Perform Environmental Monitoring & Sampling, 1987 through 2009. . OSHA 40 -hour Health & Safety Training for Hazardous Waste Operations, Level B, 1986 (updated 1987 through 2008). OSHA 8 -hour Supervisor's Training Course, 1988 (updated 1989 through 2008). Ab'FILIATIONS Member: American Institute of Professional Geologists; C.P.G. #8084 Alaska Ground Water Association. National Water Well Association EMPLOYMENT HISTORY 1997 - Present 1992 -1997 1991-1992 1989 —1991 •1988 -1989 1986 -1988 1985 -1986 cetayura TELLUS, Limited AGRA Earth & Environmental, Inc. DOWLEngineers, Inc. Environmental Science & Engineering, Inc. America North, Inc. Woodward Clyde Consultants Northern Technical Services, Inc. American Institute of Professional Geologists 1400 W. 122nd Ave., Suite 250, !/Westminster, 00 80234 • (303) 412-6205 • Fax (303) 253-9220 aipg@aipg.org • www.aipg.org CERTIFIED PROFESSIONAL GEOLOGIST Scott M• Erdmann, CPG -08084 Valid through 12/31/2009s -a cjir John G. Bognar .President AIPG 2009 AIPG 46th Annual Meeting - Grand Junction, Colorado October 3 - 7, 2009 1 of 1 '11JL41.uaIUVl Subject: Approval By ADEC Date: 06 Jun 97 16:20:00 KDT From: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) To: tcllus@ptialaska.net (Scott Erdmann) CC: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) cu... 1VpLiaaaS6d.11ILG1IWlwvi . Scott, this is a to confirm that Scott Erdmann's resume and qualified personnel form has been reviewed by me, Cynthia Pring -Ham, on June 6, 1997. Scott has been approved and meets the qualifications for a "qualified person" as per 18 AAC 78. He is approved by ADEC to perform or supervise sampling at regulated underground storage tank sites in Alaska. Sampling procedures in the UST Procedures Manual dated, September 22, 1995 must be followed at the site. Scott will be*placed on the ADEC QP approval 'list as soon as our database conversion is finished. This email can be used in lieu of us sending Scott a letter or a version of the updated list. Please call or email me if you have any other questions. Cynthia 06/07/97 10:06:44 Cover Page: Document No. AK-Q-QAP, Rev. 1 Effective Date: 3/23/2009 Cover Page 1 of 1 Quality Assurance Manual TestAmerica Anchorage 2000 W. International Airport Rd. Suite A10 Anchorage, AK 99502 Phone No. (907) 563-9200 Fax No. (907) 563-9210 www.testamericainc.com Copyright Information: This documentation has been prepared by TestAmerica Laboratories, Inc. and its affiliates (TestAmerica"), solely for their own use and the use of their customers in evaluating their qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to retum it to TestAmprica upon request and not to reproduce, copy, lend, or otherwise disclose its contents, directly or indirectly, and not to use it for any other purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, access, to these documents shall not be given to said parties unless those parties also specifically agree to these conditions. THIS DOCUMENT CONTAINS VALUABLE CONFIDENTIAL AND PROPRIETARY INFORMATION. DISCLOSURE, USE OR REPRODUCTION OF THESE MATERIALS WITHOUT THE WRITTEN AUTHORIZATION OF TESTAMERICA IS STRICTLY PROHIBITED, THIS UNPUBLISHED WORK BY TESTAMERICA IS PROTECTED BY STATE AND FEDERAL LAW OF THE UNITED STATES, IF PUBLICATION OF THIS WORK SHOULD OCCUR THE FOLLOWING NOTICE SHALL APPLY: ®COPYRIGHT 2009 TESTAMERICA LABORATORIES, INC. ALL RIGHTS RESERVED. 3945 LOT 201 11.92 ACRES 58 1.01 I LEGDO e . Mae 54.4. OR DNR B.C. MON. p . IaaC AL Cs ON S/C RE$M • . 6R at CM of a/t ROAR CERTIF COWMAN WASTEWAIp NAME MD r FROM : Kodiak Alaska PHOSE NO. : 907.486 6486 Mar. 02 2010 11:36PM P1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will he held on Wednesday, March 17, 2010. The meet p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Kodiak Island Borough Planning and Zoning Commission, to hear comrn following request: ill begin at 7:30 ka, before the if any, on the CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST; Request a Similar Use Detemlination and a Conditional Use Permit, accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 rr-{Ccnditionsl•xlsos)..twstore andsemediajg icg kr€19R44-e.4 : i1 atoi dat klieKodiak`High'Sehaoi''and'thatif'ts.:sim1`iar:.th ghthilctei:to government maintenance and service facility and storage yardthat 1 conditionally permitted in the PL -Public Use Lands zoning district. 2647 Selief Lane – Lakeside Subdivision, 2"d Addition, Lot 2A R2 -Two Family Residential LOCATION: ZONING: t This notice is being sent to you because optreoords indicate you are a property owner/interested party in the area of the request If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Coinments'must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. Jf you would like to testify via telephone, please tall in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak island Borough Conference Room (#121), to review the packet material for the case, Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, if you have any questions about the request or your appeal rights, please feel free to call us at 486.9361 �1 yy� Your Name• Z. Rel/ o. ,4rt.tr„/7' Mailing mdress:/�L9./ 'o .2 o04 _ 1 Yoar description: ` . �lr '�'r ,.' e• properly _ _ryy Coosm£6eols: y �a,)—c ..4 Una o. T i'�. a ,q ns, ,�'r. r7 ,' /s oaa72end S'%i,er�r APC el 4,4.4 7/— 73 r�y� lace �..ie,--c. [a re . \ /f t•2 ry ! / . G/ Jon 7'0 rapt]`/ �p yeY.1 T / e� 4r w 'r}76t+'rl..t ' %1T [9r "se it' 4 o,, ,/! ' f e. te/ ^�-� IY e, j�'f} t' ft.�i l/: r.„),r rD4 aa 7-i r,7' KGIAK ISLAND BOROU:�I COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent the request. if you do not to the Community Development the staff report If you would like to testify via telephone, meeting. The local call-in One week prior to the regular the Kodiak Island Borough Kodiak Island Borough decision on this request. at 486-9363. Your Namet 3.(,yt c4 \ to you because our records indicate you are a property owner/interested party in the area of wish to testify verbally, you may provide your comments in the space below, or in a letter Department. Comments must be received by March 2, 2010 to be considered in like to fax your comments to us, our fax number is: (907) 486-9396. If you would please call in your comments during the appropriate public hearing section of the telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in Conference Room (#121), to review the packet material for the case. Code provides you with specific appeal rights if you disagree with the Commission's If you have any questions about the request or your appeal rights, please feel free to call us pi 145 Address: IA eft 2 .yyryry ) Zig Your property description: to 75 el tali 14. I e/e. • 7�p_ Comments: '1 ij�pydv{, as ,Lt5 0 ,46): too 6494, we (5,, Vk1 All l� v feat rid/ rid y t _ .74,0 ,� 414 rS heti- , i.,s of J d L Ai fc„ir) 1p *1 FEB 2 6 2010 l 4OMMONiIY DEVELOPMENT DEPARTMENT MAR -01-2010 0932 e&nITITLE ONTARIO KODIAK ISLAND BOROUG COMMUNITY DEVELOPMENT DEP 710 MIN Bay Road, Kodiak, Alaska 99615 d A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 - . (Conditional -Uses, -to.. store and -remediate•diesel• 4ontaminat€d.seil-p±eeee! tly stored at the Kodiak High School and that it is 'similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Seller Lane -Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the span; below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report if you would like to fix your comments to us, our fax number is: (907) 486-9396, If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 436-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 40, 2010, a work session will be held at 7:30 p.m. in the Kodiak Leland Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. // Your Namc: L. L. 17LLI.5:5-�' s - L- Address 1.7..0 flux `/ 0Z� iiG(g 4Shinn Yger property description: i / ? 77111 I/et�%U /r" J/TYt 54,r. . cum.num: l4V,gflpengy k%trrm ..7ROCgL- DVrf- Sr ,.d/r, j,v 1-71 ter l.0 CA,110 i✓ re,A He- Pd 1* -r - Oa) t iuG garrw.5 CP 'Me 8A -t -t- PAR if rs e&cA g7 E!P! I -D 6 Ceti +4ft- V, /ado"—.0 O z -r.0 Term e 7) cis 141-r'mv TKh5 te,ecr.' -%n 17 !S /J%xT 5 1Oen, re > L-. /U/ze cie le& !-r f. Airx7— ��7".4fc rSUSL r SS �GNrME j -r-- Wrc.i_ Cc izitt LA /4 et £'wry Adie( sog ll -n `flies. fthrrve-ce Snows Tiro- fkese 26 'e -Co re R-2- — �r.0 ill en i L l✓ leer; Op' vr(r c_ . % / 007a r, -r- T -TRcs P� Mike, rep ,•4� TOTAL P•01 Mar -09.2010 0251 PM Petro Marine Services 1.907-496.6633 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Milt Bay Road, Kodiak, Alaska 99613 Public Hearing Item VI -1) A public hearing will -be held on Wednesday, March 17, 1010. The meetdtlg will begin at 7:30 pin. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear continents if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Pennit, In accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL Public Uee Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sem w you because our records imdlcale you are a property owner/interested the request. If you do not wish to testify verbally, you may provide your comments in to the Community Development Department gthE to the meeting. If you would like party In the area of the space below, or ina laver to fax your oonunanis to us, call In your comments number is 486-3331. w111 be held at 7:30 p.m. in the ease. wltb the Commission's please Ibal floe to call to i4Itsyo4 IA Iltiall4kt- our fax number b; (907) 486-9396. If you would like to testify via telephone, please during the appropriate public hearing section of the meeting. The local cell -In telephone The too fres telephone number le 1400.4784736. . One week prior to the regular meeting, on Wednesday, March 10, 2010, is work session the Kodiak Island Borough Canton= Room (0121). to review the packet material for Kodiak Island Borough Code provides you with specific epp,ial rights if you disagree decision on this request. If you have any questions about the request or your appeal rights, at 486-9363. Void Nem 1..i li MeatinaAdilreses 811, Yma propcnydnolptba; Cammaaut —I t (Sp� 1 '' . w t 4 c c.S:168 , Mg' 1 t�ltlir'1'0 191, j_, 111 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a . government .maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: R2 -Two Family Residential - This notice is being sent to you because our records. indicate you ate a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments.must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. if you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The`toll free telephone number is 1-800-478-5736: One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. (/II / T l(�p VV �j 7 Your Name: (�W4 V L( ` & L�a.LGy Address:dd�g1K K'/c ,, /Mailing Your property description: ¥ 1D Sia. lulu{ go otic Aa Comments: U —rig Meeh, 0650i r( --c., 'ha SrH5e- Ier rk.e;- Lel ;4 sittorc a -Act 2ented,'Q4e. at" e Loin QL& l ( Dh ere- (1- e,(6149.-5. >17-(831 MAH - 5 ZOIU COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, tad Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property owner ed party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below, or in a Ietter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, fax is: 486-9396. If to our number (907) you would like testify via telephone, pie., during the appropriate public hearing section of the meeting. The local call-in tele a. .. rj . 1 i b i ■ [: , 3 )t I . The toll free telephone number is 1-800=478-5736. One week prior to the regular meeting; on Wednesday, March 10, 2010, a work session the Kodiak Island Borough Conference Room (#121), to review the packet material for 1 cas,: n hel'UAf 7:105. Kodiak Island Borough Code provides you with specific appeal rights if you disaRgONINFhtgalargpifloto decision on this request. If you have any questions about the request or your appeal ngh, , at 486-9363. Your Name: c3-tgt5 . jJ/V6-- ManEngAddress: f Your property description: —+ -F:./ a Comments: (1't ^" L,r /', / ♦ _a - AMP , t f s / C a y v (/ , 4a e i aii1 f;�S se I # //� e OQL-t .... _z_.-/- 5- eai•9 / € q ' /D r e - n " /d7 ( i 1~49 f ' 01� 5, '/, .. S . n. N vv40 or f -91 1 0 0 .•c 's ,y...OL'4a ons.. p%/ ARTMENT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item YI-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 730 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska hefnro rh Kodiak island Borough Planning and Zoning Commission, to hear et et ?a( tl h following request: CASE: 10-016 APPLICANT: Kodiak Island Borough MAR 1 5 2010 REQUEST: Request a Similar Use Determination and a Condit' on C accordance with KIBC 17.15.090 (Similar Uses) h M� NO (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. if you do not wish to Testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Departmentro for to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. if you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -In telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior lo the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak island. Borough Code provides you with specific appeal rights if you disagree with the Commission's decision en this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: <VI Re Icdr 0 Mailing Address: ottit2 ( i S. I' e.P Lir ^.- >4 Sr) ` Your property description: L6 (r7 / — /-0-3 ^ -t -<G '"r •Z,1'4M 5. At ' • S Comments: I N"'. c' /PI -6 GN $.P . .fl / � �/J �'/ / /I' //kV& I r : A / "�[ ' 222 P Ali 7k4,o,V Inge ; / +fit'.'9,407/ L,,/+'yit nI 4 c.. le ., f 9re✓4 r tJ i A 4run r/.K�.t"',zi fie/en 7%f0/ d.r) Ovt/lrettar £'u%/ of /.9.4 /--#0,0.-/r? iN h r j,C7 l • jPl.,, 4lli y rte iAer / ds¢t l� c t �f rr'e �,y , 4 y h c e/ �it7,T11^ �.r� t; m rfr,� / Dc �' /5 <t �'� fie �r , 641,C , 91 0".`G5m /45 �e if/ e J 4 dee4; 0Cr7 lIJ" 7 //�C.(�/.A Fr`/s J 4"nf/ 8}044.4/ l/ tae-* A.//�a4/ w # c n_s/ I ��6LLopN `�4 (i. 5 p rel 11y� �lArrie, ,,,z, Aro 57'6y tza:ye frrr i rt � r� S _1 4 f FutiNf.€ -4f By signing this petition I am disagreeing with the Kodiak Island Borough Plan to Put contaminated soil a Lane ( Smokeys Dump. (Behind Safeway) KIB File 10-016 ECEIIVE MAR 1 5 2010 26117 Selief COMMUNITY DEVELOPMENT DEPARTMENT Date Name 'lease I tint Address Lot # Si re on?) A. Oba2-S SriA PCA 61 1`u iri)r...^'>tr.,�.,..‘ p�.vY,r (IN 4 5 'y 1 ( '> -li 1 nn s Th` Cu;x�� L 1 t�,2avEvii 4494. S ,.. - ••�— pct C 3 -/8• GfJR►s1�'12 f& (,)06'0 i r� -� , -12 ff u, iN�nCl la. �Ti /. —1): 9 4 1 / ,7 { �1wetrr fl / ., P, - 1i/ ,4'1�t'i alc`oS �%.i ,.. �' L..°'� 2 1 ss5// G f5/� r 3s 1 rpMar,: , , it... rr �i . Sr. if :1tct, `�3 l i t0 . c 1—In « ) C- nr K7 S,Ft ' V �•t3D �.�i �� r 0 _ thif irNn�Pj 1�1 iErf1%6�2ti,: 30a S4.4h; �.� ...5..�.w t4V r�l' a sari' .z 'letWar 7t /! (we o 6z 1r e/ /,J % o .:. -• ._ fiti a ,,tnB ag5Ml I i,� 3-15•ItSf J' p - ' � t " las/'o 4: /1 1 . ✓r. d pr h4 , N cv - r. [t� , L tel. S. 3/esfjo -lam 5Q1\ol 441& a. 'P tar.// 1 9 9 I ) 4 6 14 Assemblymember Monroe appreciated Ms. Jensen's capability in finalizing drafts of policies, recruiting board members and helping the board as a team. VOTE ON MOTION Ayes: IE TIE MAR 1 5 2010 wl NMIUNIIY DEVELOPMENT DEPARTMENT Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland Noes: None MOTION CARRIED Unanimous 4. Contract No. 93-58 Smokey's Metal Dump CONTRACT Debris Cleanup Project. NO. 93-58 GOULD, moved to approve seconded by MONROE Contract No. 93-59 with Kodiak Home Repair of Kodiak, Alaska, in an amount. not to exceed $56,000. Mayor Selby explained that the contract was for removal of non-metal debris. He stated that once the debris was removed, the intent was to cover the area with reek and gravel to create baseball fields and a recreation area. At questions raised by Assemblymember Milligan, Mayor Selby explained that once the debris was removed, Department of Environmental Conservation representatives would make final determination that the area was sufficiently cleared of hazardous materials. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Gould, Hancock, Milligan, Monroe, Austerman, McFarland Burt 6 Ayes, 1 NO c rte, SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT RECITAL The Kodiak Island Borough is a municipal corporation and political subdivision of the State of Alaska. The Borough requires a debris cleanup of Smokey's Dump, .a fwuher landfill located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that hasindustry knowledge regarding the separation, processing, loading, and general construction skills of scrap steel recycling, debris removal and site grading. The following elements are to be incorporated into the Construction Contract entered with the Contractor. B. SCRAP METAL/DEBRIS CLEANUP The area of land which is known Smokey's Metal Dump was originally,hxsed by the Kodiak Island Borough to private parties in February, 1964: The site was predominantly used to dispose of municipal solid waste materials ( see Elgin l for the location of the disposal site). Solid wastes were conventionally landfilled at the site for the next 10 years. Burning of garbage was also conducted from time to time during the period of active disposal. During the late 1970's increasing amounts of scrap iron werebrought: to the site. By 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals; including. automobiles and other debris continued to accumulate at the site, creating large unorganized piles which were randomly distributed. Metals anddebris became ':commingled :'during the transition from mostly a refuse disposal operation in the early 1970's tometal disposal and salvaging of the early 1990's. This 'zone of transition" between garbageranclintetals disposal u:the focus of this cleanup project. Approximately 4,000 tons of mixed metals and automobiles have been removed from the site. Debris still remain on site and comprise of non-metal materials and nonasalvageableand salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and, drums. The .characteristics of debris which; are non-metal in nature include wood, plastic, pep& and a 'considerable number of tires. Much of the material which remains at thersite.is a mixture of these items which will not require sorting or removal from the°site: The Kodiak Island Borough (Borough) wishes to contract a qualified contractor to sort melals,,clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removal and haulage of some debris to the Kodiak Island Borough landfill and thegxading of the area utilizing existing soil, rock and debris. SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT (continued) The Contractor agrees to furnish all equipment and perform all the work necessary to complete the following cleanup activities. The Contractor will provide a trained crew with a supervisor skilled in scrap handling, debris removal and land surface grading. The Contractor will separate recoverable metals from debris piles remaining at Smokeys into the following categories: aluminum; other non-ferrous metals if they exist in adequate quantities; ferrous metals; automobiles. The amount of metal salvaged and transported to the Kodiak Island Borough landfill facility shall not exceed 1,000 tons. Other materials such as wood, soil and rock, paper products, cable and othermiscellaneous rubbish and solid waste materials -shall not be separated. The Borough prefers to move a minimal amount oldebris from:sitel .Up to 43,1300 cubic - yards of debris may require. transport from the site to the the landfill. The Contractor will work -cooperatively and closely with Borough staff to determine grade levels and theemoted of debris and metals ultimately transported from the site. The Borough reserves the right to determine the final method of disposal of debris and/or metals. 7f'substantial amountsof wood•are encountered, these materials can be separated and burned on site provided such burning does not produce black smoke. The Contractor is not required to provide transportation for any scrap material from locations other than Smokeys Metal Dump. The Contractor will be responsible to keep track of the amount of material which it collects for transport to the Kodiak Island Borough Landfill facility. ENVIRONMENTAL ISSUES Based on previous work which has been done on the site, no signifuantet vimnmentat hazards were or are they expected to be encountered on the site. The Borough acknowledges that General is not required to accept hazardous materials of any kind. ..Definition. Haiardous materials are defined to include: (a) any "hazardous substance° as defined in'CERCLA, $ 101(14) or any "hazardous waste" as defined in. RCRA and applicable regulations or any applicable federal, state or local laws or regulations, or (6) any form of radioactive waste material, contaminant or pollutant_ or any spent nuclear fuel as those terms are defined in any applicable federal, state or local laws or regulations. a-13- KODIAK ISLAND BOROUGH 710 HILL BAY ROAD OMAN ALASKA S9 515 CONTRACT CHANGE ORDER Contract No. 93-68_ Change Order No. 4 ' ProjeNNIsee, Wilber & LOrathm .. • Amount of Contract &ChangeOrders Sr.tokey Moto.' Debris Cleanup Original Coital $56.000. 410-400-.152-150-03-05 ' Revlon. Changes OS, 0 le S Contractor ' This Change Eigli00C :7-Kodiak'llome Repair , 1423 Itenanoe Dr.. Km/i elk. mc (.961 r, Adjustedbentract • Description of Change cast The Contactor :Alai1 cut tip large metal itesus ano trat.sport up to 2,000 tors of. metal to the Sanitary i,anclfill. Metal ..teras so.c.11 Le icksttified by tits KID itnviront4onta.1 Engiaee4: prior to provesSiny. Loch loud 3h4.I.3. bc: weighed using the scale tt use landfill. '2hio item is to be paii: at u tate of $44.31)/pv:e ton.. 'Caw valts... ot this ittua sbull not exc.:et:C. $tia,00.‘:. ;1.•.• :' 'f,?:,< '• ' ' ;Ss' ' . •. :"..,,,. . . , . ... --omadfotainomion ofAte cortactis (zdtalesigliel Othanesed, Mhtfta) by 12t; coliglardayst 7Nadame OW mi .- * ' ' -binberaittothecontrbOtagdelprovisfonsoftheconbactriNapplythwato , - • • ) . , Marilee Fir - •ry.4 i t Date ; . , ' ,— •-• \ • Contractors' Reptasentatr . . . . y .,_.. ‘•-• . t r....,1 ReconiMended: ' kl.f.... Date /Pito 19V - • Fac1�I Cbordlnator \..,.. . . . \ r • C Date Marred lity: - -..- -_____.-- i 4 t1 4-- •• . ....., etintracting Other . - / . r / ) // . / --- — - Das: 'Orliinii IC FLAKY Coortanitor Coney to Contractor PROJECT UPDATE KODIAK ISLAND BOROUGH ENGINEERPIG/PM.UXIJES DEPARTMENT MARCH 1,1994 SMOKEYS METAL DUMP CLEANUP This project will clear remaining debris and rough grade the gmund surface at Smokeys Metal Dump. Initial debris removal includes tires and miscellaneoussolid wastes along the margins of the site with a minimum amount being hauled to the landfill for disposal. In addition, small amounts of metal will be recycled. VILLAGE AND KODIAK METAL CLEANUP, FHASE II KIB is working to provide an estimate of actual costs to remove nretais island wi KIB/DOT would assemble an agreement similar to the Phase I document. covers junk vehicles not covered in the previous contract. ABANDONED VEHICLE RECYCLING PROGRAM Seven proposals were received by KIB Engineering/Facilities to recycle scrap metal currently being staged at the JUB Landfiu/Baler Facility. This contract requires the contractor to remove gasoline, oil, .batteries and anti -freeze from vehicles prior to shipment. KIB will maintain responsibility for the disposal of potentially hazardous materials. The contractor will maintain responsibility for assemhling and shipping loadsfree of hazardous waste material or other hazards. Bused an KiB's review -of all proposals, recommended award of contract to Northern Exploration & Equipment Co. in the amount of 561.77 per ton of metal which is processed and shipped to a recycling facility off island. A. contract has been written and is being reviewed by the attorney. The project start date has not been determined, but is anticipatedto be sometime in April, 1994. KARLUK LANDFILL RELOCATE Ongoing. KID staff continues to address issues regarding construction design and funding surrounding solid waste collection and disposal at Kariuk. KID staff has identified a site which would be suitable for the construction of a landfill. The file "Karluk Landfill Project" has been prepared which contains information concerning the problem . 15111.42M -WENT A conceptual remediation planis in progress and will be issued to ADEC for approval. Cost estimates for materials and construction are in progress to install the above ground 3,000 gallon fuel tank tO be located between DP & E/F wings of Borough Building. EALER/LANDFILL EAST'S 'RING AND PERMIT UPDATES LANDFILL ENGINEERING RFP - Landfill Engineering RFP was issued and Proposals are due March 3, 1995. BIO -REMEDIATION PIT - Discussions with ADEC look positive for operating the bic-pit. A letter from *DEC approving the operation is forthcoming. Investigation into operation and management of the bio -pit is being evaluated and a draft contract will initiated. HOUSEHOLD HAZARDOUS' WASTE - Work on a RFP is continuing.. Bids. for a hazardous material storage building have been received, and a recommendation to the Borough Assembly will be drafted. FINANCIAL ANALYSIS OF SOLID WASTE PROGRAM - Initial investigation has started and will continue through the summer. 1 have requested several solid waste reports from the Finance Department. B1BBIAN RIVER CLEAN -DP A. draft contract for disposal services has be Written and will be finalized for signature. Samples of the contaminated soil's will be collected and a disposal plan submitted to ADEC for approval. RECYCLZN© PRQGRRM Nothing tO report. JBALTK AND RAPETY $ROQ$M Work is continuing on the H&S Policy and Procedure Manual. ,Effort to formalize the H&S committee Meeting Agenda will be emphasized. CRTNIAR TEEM' S$ELTER/LIBRARY CENTER Engineering changes and permit applications are in progress. A 5D0 gallon fuel tank has been placed on the site. Contractors will be submitting bids on their respectivetrades (i.e. interior electrical, interior plumbing and heating, exterior site work and utilities) in anticipation of starting this March. A 15 kw emergency generator has been purchased and a generator shed is under construction.. The project estimate and schedule is ....-.:wwF 1.. k..:n.. F:..a14,nA ms.A 4o nl•nwoA to boa rninnintarl by Palr'v DATE: TO: MVP FROM: SOEJs Kodiak Island Borough MSXORAND[JM MARCH 6, 1995 PLANNING AND. ZONING COMMISSION BOB SCHOLZE, i►D BUD CASSIDY ;I'• ITEM POR THE -MARCH 15, 1995 P&Z MEETING' RE; CASE S-954-005 DOM CLOTS "2 ADDITION) VACATION AND REPLAT OF SMOEER'S & 3 LAESSSDE SUBDIVISION, 2ND I. INTRODUCTION Acition in this case would perform two items that are needed in the Borough's effort to create a park from this former,metais dump.. These items include: 1. Reducing the length of the cul-de-sac; and 2. Eliminating an interior lot line to aid in future construction. PARK As you know, it has been the goal of community to clean .up this former dump site and make it into a. usable area: Various conceptual park plans have been entertained. These concepts' change daily as the area is surveyed and mapped*. Also occurring is the formal process of closing this former dump. Presently, waste material dprimarily composed of clay from the hospital construction project). is being spread on top of this former metals dump. This clay material, meets DEC's minimum requirements .for closing4 dumps and landfills. To be closed out, dumps are required to be sealed with a tight -grained material that prevents rain and surface water from percolating down ,and through the - debris that made up the landfill. III. RECOMMENDATION This plat provides more area for park construction by eliminating a portion of the 60 foot wide right-of-way. It also eliminates an interior lot that is ho longer needed, creating one lot. It is recommended that this preliminary plat be approved. i UMMUi2:s: DaVD? t &{( DETARTMEO IL SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT A. RECITAL The Kodiak Island Borough isa municipal corporation and political subdivision of the State of Alaska. The Borough requires a. debris cleanup of Smokey's Dump, a former landfill located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that has industry knowledge regarding the separation, processing, loading, and general construction skills of scrap steel recycling, debris removal and: site grading: The following elements are to be incorporated into the Construction Contract enteredwith the Contractor. B. SCRAP METAIIDEBRIS CLEANUP The area of land which is known as Smokey's Metal Dump was originally leased by the KodialcIsland Borough to private parties in February, 1966: The site was predominantly used to dispose of municipal solid Waste materials ( see Figure 1 for the location of the disposal site). Solid wastes were :conventionally landfilled at the site for the next 10 years. Burning of garbage was also conducted from time to time during the period of active Vis• During the late 1970's increasingamounts of scrap iron were brought to the site. By 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals, including automobiles and other debris continued to accumulate at the. site, creating large unorganized piles which were randomly distributed. Metals and debris became commingled during the transition from mostly a refuse disposal operation in the early 1970's to metal disposal and salvaging of the early 1990's. This "zone of transition" between garbage and metals disposal is the -focus of this cleanup project. Appmmmately 4,000 tons of mixed metals and automobiles have been removed, from the site. Debris still remain on site and comprise of non-metal materials and non -salvageable and salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and drums. The characteristics of debris which are non-metal in nature include wood, plastic, paper and a considerable number of tires. Much of the material which remains at the.site is a mixture of these items which will not require sorting or removal from the site. The Kodiak Island Borough (Borough) wishes to contract a qualified contractor to sort metals, clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removal and; haulage of some debris to the Kodiak Island Borough landfill and the grading of the area utilizing existing soil, rock and debris. file: debrls.wkl ret 10/25/93 Options#1A{2) 62,177 89% 54,060 73%. 71,265 88% 28;000; 50% 11% 19,800 9.719 -12% 28,000 Notes: (1) Available budget$80,000 (2) Options #la and #2 are largely haulage oriented. (3) The bulk of the project emphasizes debris fill on site. (4) The, amount allocated to Option #3 appears understated. •.1.:q.: C,6•l'-grty s j -., •¢. silte and'the removal and transport of residual motais to the befer facility. The'Iowest level of effort Is directed to hauling debris off-site. ....r-• y over available budge _1 Northern (4) A —K OB 5pt1(4) Kodiak' Bar (5) Si Bid Amount % of Tot B/d Amount % of Tot Bid Amount % of Tot Bid . Amount % of Tot 1 Am Option 641A 31,100 44% 10,500 1496 48,590 8096 "14,000:.2596 11 Option #2 31,077 44% 43,560 5996. 22,875 ,28%. 14,000 2596 C 015tiorr #3 8,000: '11 % 19,800. 27% 9,719 .. 12% 28,000 50% l i Total (1) 70,177 10096 73,880 100% 80,984 100% 58,000 10096 81 Options#1A{2) 62,177 89% 54,060 73%. 71,265 88% 28;000; 50% 11% 19,800 9.719 -12% 28,000 Notes: (1) Available budget$80,000 (2) Options #la and #2 are largely haulage oriented. (3) The bulk of the project emphasizes debris fill on site. (4) The, amount allocated to Option #3 appears understated. •.1.:q.: C,6•l'-grty s j -., •¢. silte and'the removal and transport of residual motais to the befer facility. The'Iowest level of effort Is directed to hauling debris off-site. ....r-• y over available budge _1 PARKS & RECREATION COMMITTEE. CTP FY _2010 - 2014 1. Parks & Fields Plan /Iulti-Purpose Fields Construction (KANA, East, Softball Complex) 3. Mill Bay Beach Site Plan .& Construction 4. Bike Path Extension (Marine Hill - White Sands) 5. White Sands Beach Improvements 6. Womens Bay Boat Ramp 7. 3 Walking Trails to North Star 8. ATV Park 9. Fairground Improvements • Approved at the September 15, 2009 Parks & Recreation Committee Regular Meeting with a recommendation to forward to the Planning & Zoning. Commission to incorporate into their CIP List. /0 CIP List Taken from the Septem Road Syctem Trails Plan Mill Bay Beach Softball Field Complex Women Bay Boat Ramp S. White Sands Beach Improvements 6. KANA Field Improvements 7. East Softball Field $. Bike Path Extension 9. Rodeo and State Fairgrounds Improvements 10. ATV Park R Minutes �y Other suggested. projects: Continuation of trail to North Star School and neighborhood - Alternative football/ultimate Frisbee/soccer multipurpose practice field II Page 1 of 2 Jim Ashford From: 'Futp. Ian' 4fulpedtykodlakak.us> To: 'Bud Cassidy' tbrassidy®kodinkakuS;'Rick Gifford' ergifford@kodiakakus> Cc: 'Bob Scherzo" 4scholze@kib.ea.kodiak.akus>{ 4WKoning@kodiakakus>: <Jashford@aknet>: 'Lund, Kris' "PUBMTSUP@dty.kodiakakuse Sent Thursday, Mardi 04,2010 10:18 AM Attach: IF and topsoil p11tJPG; DI. Softball Fleldpdt DI. 513 Fieldjpg The dtyhas about3,000 yards of topsoil (see attached photo) stored an the two Near Island tots directly to the right as you tome aiross the bridge.These tots havejust been sold and now the topsoil needs to be moved, and a place Is heeded to move It to. I am requesting permission for the Cdyto be allowed to move the topsoil to the Dark Lake area that was bull[, and at one time, designated to be a softball field. Sincethe original purpose of the area was for use as a sports field and since it was recently (within the last two years), approved by the Borough park board for use as a softball Field, it may be that the topsoil would be Just what's needed to finally finish the project for the purpose It was originallyIntended. Pubfic Works is moving the material from Near Island today. If they can'ttake It to the Dark take area; thermal halm to haul It all the way to Gibson Cove—a long haul and a hard plate from whl h to move it a second time. Would ft be possible to get permission today (eventhis morning) to take the topsoil to Dark Lake, with the Intention of temporary storage, but with the posslbifty of eventually spreading It on the rock pad to be used as surface material to create a much-needed grass -covered sports field? I am copying Bob, Woody and Kris, because I've talked to each of them this morning about this. lim Ashford Is copied because he Ives right next to the area In question and Is very Interestedia what happens there. fan Fuip—Oiredor City of Kodiak Parks & Recreation 410 Cedar St, Kodlak Alaska 99615 (907)4564670; FM (907) 4864674 gulottdt.'k lakekua 12 3/10/2010 Page 2 of 2 No virus found in this incoming message. Checked by AVG - www,evg.com Vttsion:85.435 / Nims Database: 271.1.1/2720 - RcIeate Date: 03/03/10 07:34:00 3/10/2010 State of Alaska DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SPILL PREVENTION AND RESPONSE CONTAMINATED SITES PROGRAM Soil Treatment Facility Guidance November 7, 2002 1 5 TABLE OF CONTENTS PURPOSE 1 BACKGROUND INFORMATION I SOIL TREATMENT FACILITY DEFINITIONS 2 DISCRETIONARY CATEGORY DESIGNATION 4 THE OPERATIONS PLAN REVIEW PROCESS 5 ATTACHMENT A 7 Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners 7 Engineering Design Criteria for Hard -Surface (i.e. Concrete, Steel) Soil Containment Structures 8 Purpose The Contaminated Sites Program (CSP) regulations require that the owner/operator of an offsite or portable treatment facility obtain approval of an operations plan before accepting or treating contaminated soil. The regulations are located at 18 AAC 75365, and 18 AAC 78.273. 18 AAC 75.365 and 18 AAC 78.273 require the owner/operator of a soil treatment facility to provide complete containment of the contaminated soil before, during, and after treatment, until the contaminated soil meets the applicable cleanup levels. Proper containment structures for the storage and processing of contaminated soil and water is a crucial portion of any soil treatment facility. The costs associated with providing adequate containment structures at a treatment facility can be significant. The below criteria have been developed in order to provide direction to treatment facility owners/operators in the development of their operations plans and to assist CSP staff in their review of facility operations plans. The criteria are intended to develop and maintain statewide consistency in the regulation of soil treatment facilities by providing appropriate guidance for the containment of contaminated soil before, during, and after treatment. Background Information The department is receiving an increasing number of soil treatment facility operations plans for facilities operating in the less populated areas of the state. These areas typically do not have permanent soil remediation facilities such as those existing in Anchorage, Fairbanks, Kodiak, or Juneau. Many of the facilities operating in less populated portions of the state consist of thermal treatment equipment, designed to be portable enough to be transported by road, barge, or plane to remote areas. They are designed to provide cost-competitivesoil treatment options off the established road system, or along the road system in areas of the state where the cost of transporting soils to a permanent soil treatment facility may be cost prohibitive. The nature and scope of soil treatment facility operations plans are varied. Many facilities are designed specifically to remediate soil at the facility or project site where the contaminated soil has been generated (often involves the treatment of a pre-existing stockpile of contaminated soil). Facilities that are set up at the project site where the contaminated soil hasbeen generated are termed `portable' treatment facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Other operations plans are designed for facilities that will receive contaminated soil from one or more offsite sources, requiring that the contaminated soil be transported to, and managed by, the soil treatment facility. Facilities that are established at a location to receive soils from one (1) or more offsite locations are termed offsite' facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Offsite operations plans cover the spectrum of operations from those intended to receive soils from a single project site/facility, to those intended to receive and treat soils from multiple project sites/facilities that may be within that area or region. The risk of secondary contamination at these offsite facilities varies due to the type of facility, existing site conditions and surrounding features and environment, and the intensity of use. l7 Soil Treatment Facility Guidance Soil containment provisions for portable soil treatment facilities and three (3) categories of offsite soil treatment facilities have been developed, so that appropriate containment provisions can be implemented in response to the relative risk posed by these differing treatment facility operations. Soil Treatment Facility Definitions Category A) Portable Treatment Facility: Portable treatment facilities are commonly set up at the contaminated site where the soil was generated. Examples of Portable Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. A minimum of 10 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days duration. A minimum of 20 -mil base liner is required in these areas for operations of greater than 180 days duration. Protection of the base liner should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminatedsoil is frozen or contains large aggregate/debris that would likely damage.the base liner. A sand layer of adequate thickness to protect the liner should be placed on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category B) Offsite Treatment Facility Receiving Soil from One Contaminated Site: Thiscategory of offsite treatment facility is designed to receive, manage, and remediate soil that has been transported from the site where the contaminated soil was generated to an offsite location for storage and treatment. Examples of Offsite Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. Category B facilities are restricted to treatment of soil from only one contaminated project site (i.e., soil generated from a single contaminated site or by a single facility). A minimum of 10 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days, duration. A minimum of 20 -mil base liner is required in these areas for operations of greater than 180 days duration. Protection for the base liner in contaminated soil containment, transportation, and Soil Treatment Facility Guidance 2 treatment areas should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, a sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminatedsoil is frozen or contains large aggregate/debris that would likely damage the base liner. A sand layer of adequate thickness'to protect the liner should be considered for placement on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be containeduntil final verificationsamples have established that the contaminated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category C) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: Ur to three nears of operations The minimum soil containment provision for Category C offsite treatment facilities shall consist of the engineered design, construction inspection, and record drawings of the lined contaminated soil storage, transportation, and treatment areas. It is recommended that the facility be designed such that the input or load hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the lined contaminated soil containment areas prior to construction or use of the facility. These engineering plans must be sealed and signed by a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer must also provide sealed and signed record drawings, verifying that all lined containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer's assistant, must inspect and document the installation process. Examples of lined, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Lined, engineered containment areas are limited to no more than three years of use (from the date that contaminated soil was first placed within the containment area), at which time the removal and closure assessment of that portion of the treatment facility is required. DEC approval of continued operations for a period of time that exceeds three years would require submittal of another engineered soil containment plan, construction of new soil containment structures, and construction inspection and record drawings by a registered engineer. Post -treated soil stockpiles at Category C facilities are to be contained until final verification samples have established that the contaminated soil meets the applicable Soil Treatment Facility Guidance 3 I cleanup levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category C facilities. Category D) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: More than three years of operations The minimum soil containment provision for Category D Offsite Treatment Facilities shall consist of the engineered design, construction inspection, and record drawings of concrete, steel, or other hard -surface, petroleum -resistant contaminated soil storage, transportation, and treatment areas. Soil containment areas for Category D facilities shall include a hard, petroleum -resistant surface that isresistant to structural damage by bulldozers, backhoe buckets, and front-end loader buckets. It is recommended that the facility be designed such that the input or load hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the hard surface contaminated soil containment areas, prior to construction or use of the facility. These engineering plans must be sealed and signed by a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer shall also provide sealed and signed record: drawings, verifying that all hard surface containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer'sassistant, must inspect and document the installation process. Examples of hard -surface, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Post -treated soil stockpiles at Category D facilities are to be contained until fmal verification samples have established that the contaminated soil meets the applicable cleanup levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category D facilities. Discretionary Category Designation The above four (4) categories of soil treatment facilities are expected to address the majority of soil treatment facility operations within the state. Under certain circumstances, DEC staff may need to exercise discretionary authority in determining the most appropriate categorical requirements to apply to a soil treatment facility, which could increase or decrease the level of soil containment criteria. required. DEC project managers should' coordinate any discretionary category designation with supervision and the program staff responsible for reviewing Category C/D facility operations plans in order to maintain statewide consistency. The two most likely examples of such circumstances are discussed below: Large quantity of soil from one project: Soils from a single project totaling more than approximately 4000 cubic yards (-6000 tons) are proposed for treatment either on or offsite. Soil Treatment Facility Guidance 4 Concern would normally be greater for offsite treatment. Under this circumstance, DEC may exercise discretion to increase the soil containment criteria from Category A or B, and reclassify the facility to the more protective Category C. Factors that DEC will examine and consider include, but are not limited to: a) the sensitivity of the environment and current environmental conditions at the proposed soil treatment site; b) soil contaminant concentrations; c) soil treatment processing rate and the total span .oftime projected to complete soil treatment; d) whether soil treatment will occur during winter of freeze -thaw weather conditions; e) whether contaminated soil stockpiles will have to over -winter during the soil treatment process; f) whether the soil storage cell will be repetitively loaded and unloaded during the soil processing operation, thereby threatening the integrity of the base liner, compared to the strictly one time unloading, of contaminated • soil from a soil storage cell to the treatment equipment; and g) other project -specific considerations that relate to the risk of secondary contamination of the soil treatment site. Minimal quantity of soil from multiple projects: Soils from more than one project (generating site), totaling Tess than approximately 500 cubic yards (-750 tons) are proposed for treatment at a single processing location. Under this circumstance, DEC may exercise discretion to relax the soil containment criteria from Category C and reclassify the facility down to Category B. Factors that DEC will examine and consider include, but are not limited to: a) the remoteness of the soil treatment project from existing Category C or D soil treatment facilities; b) all of the factors identified in the preceding ;example — `Large quantity of sodfrom one project.' The Operations Plan Review Process: Projected Processing Times Category A and B soil treatment facilities requesting department approval of an operations plan should allow for a minimum 30 (Category A) or 45 (Category B) -day review and processing period from the date of submittal of the operations plan. A public participation process may be required for facilities in these categories, involving a three-day publication of a Soil Treatment Facility Operations Plan Notice in local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments in response to the notice will be directed to the department. Category C and D soil treatment facilities requesting department approval of an operations plan should allow for a minimum 60 -day review and processing period from the date of submittal of the operations plan. A public participation process is required for these facilities, involving a Soil Treatment Facility Guidance 5 three-day publication of a Soil Treatment Facility Operations Plan Notice in local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments id response to the notice shall be directed to the department. It would not be uncommon for the operations. plan review and public notification process for category C and D facilities to run longer than 60 days. Soil Treatment Facility Guidance 6 ATTACHMENT A Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners. (Maximum Approved Life of Three (3) Years) Base liners must be a minimum. of 20 milnominal thickness and comply with.the Long Term Liner Specifications in 18 AAC 78.274(a), Table B. Liners should be factory seam sealed by the manufacturer whenever possible. Field seeming of liners is only allowed when conducted in accordance with the liner manufacturer's recommended procedures, to include any certification, training, and experience requirements placed on field seaming workers. Field seaming methods must be clearlyspecified in the engineering plans for DEC review. Base soil specification for soils beneath and in contact with the liner are 1.00% passing the %" US sieve, without sharp fracture surfaces. on the aggregate. A minimum of three (3) inches of soil meeting this specification is required immediately beneath the base liner atall locations. If the base specification soil is not available or not used, an appropriate thickness protective felt fabric maybe employed to offset the use of out -of -specification material to some extent, depending on the quality of the specific bedding materials proposed for use. The design engineer will need to research and support the use of the appropriate felt fabric in conjunction with any out -of -specification base soil. Base soils must be smooth with no sharp or irregular projections and sufficiently compacted to prevent settlement under the soil and vehicle loading that will occur over the linered containment area. The base soils should, at the minimum, be proof -rolled under the observation of the engineer. The engineer is required to inspect and approve the prepared soil base prior to placement of the synthetic liner (or protective felt fabric if used). Cover soil specification for soilsabove and in contact with the base liner are 100% passing the 3/8" US standard sieve,sandy,free-draining soil. A minimum of 1.8" of cover soil must be maintained above the base liner at all times, prior to heavy equipment and vehicle travel over the base liner. This will requirespecial soil cover placement techniques, which must be described and specified within the engineering plans. The 18" minimum applies to entry and exit ramp areas also. If the cover specification soil is not, available or not used,protective felt fabrics may be employed to allow the use of some out -of -specification cover soil. In this situation, the design engineer will need to research and support the use of an appropriate felt fabric for use with out -of -spec cover soil. The engineer is required to be present during the cover soil placement process in order to certify that proper soil placement techniques have been employed. Whenever protective felt fabrics are used, a minimum 12" overlap is required at all felt joints. The perimeter of the liner shall be bermed a minimum of 6" above thesurrounding soil surface to prevent surface water intrusion of the containment cell. Soil Treatment Facility Guidance 7 23 A minimum of 18" of cover soil must be maintained over the synthetic liner at all times throughout the life of the soil containment cell. The design should include provisions that will help to ensure that the owner/operator will maintain the minimum of 18" of cover soil during operations. An Alaska registered engineer or registered land surveyor shall provide survey control and documentation during the constructionprocess, and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Soil containment cells must be designed and contoured such that nondomestic wastewater collecting within the cell(s) can drain to a monitoring and de -watering sump. This sump, in combination with the free -draining cover soil within the cell, will provide a means for both monitoring the accumulation of wastewater and evacuating excess wastewater to prevent cell flooding. The free -draining soil must remain structurally stable and support vehicle loading when saturated. A provision for the handling, storage, processing, and ultimate disposal of nondomestic wastewater must be provided in the plans. The plans must include a provision for the operation and maintenance of the monitoring and de -watering sump. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, so as to be able to certify that the structures were constructed as intended and in compliance with DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). Engineering Design Criteria for Hard -Surface (i.e. Concrete, Steel) Soil Containment Structures. Hard -surface soil containment cells require the following: Engineering plans, details, drawings, and specifications must be signed and sealed by a registered engineer demonstratingproper base soil materials selection, placement, and preparation in order to support the multi -season and long-term use of the concrete or other hard -surface, petroleum resistant containment cells. An Alaska registered engineer or registered land surveyor must provide survey control and documentation during the construction process and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Engineering design plans and specifications for the concrete slabs or other hard, petroleum resistant surface, identifying the loading design parameters, must be signed and sealed by a registered engineer. Soil Treatment Facility Guidance 8 ay A roof covering the soil containment cells is preferred. For plans lacking a roof, contours and provisions must be included to control, contain, handle, process, and dispose of nondomestic wastewater that accumulates within the soil containment cells. The engineering plans must include a long-term inspection and maintenance program to ensure the structural and watertight integrity of the concrete pad or other hard, petroleum resistant surface. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, sous to be able to certify thatthe structures were constructed as intended, and in compliance with the DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). Soil Treanneal Facility. Guidance 9 as im Vicki Ashford From: Sent: To: Cc: Subject: Attachments: Hello Jim, O'Connell, W iiliam A (DEC) Ibitt.oconneli@alaska.govj Wednesday, March 03, 2010 2:46 PM jimvick@alaska.com Ha, Young (DEC) RE: SMOKEYS DUMP soiltreat 2002_10_07.pdf 1 managed to locate one very thin file in the Solid Waste Program Archives however it only deals with a lawsuit filed by the State against Mr. Stover in the mid 1970's (the State lost) and there is nothing in the file about the cleanup. I also asked a few longtime DEC employees if they remembered anything about it, and all they could recollect was that a pond at the site had been filled in then the area was capped with clay/silt to stied water and keep it from interacting with the buried debris, then the ball -- fields were built. —'�— To reiterate what I said in our original conversation, soil remediation at the. property in question has not been approved by DEC, nor have we seen any plans that propose it, nor has the transport of the soil from its current location to the lot next to yours been approved. If you see soil being moved to that property, please let me know. Soil treatment facilities of this nature have to follow our guidance, which I've attached for your reference. Bill Bill O'Connell, G.P.G. Environmental Program Specialist ADEC Contaminated Sites Program (907) 269-3057 From: jimvick@alaska.com [mailto:jimvlck@alaska.com) Sent: Tuesday, March 02, 2010 9:30 PM To: O'Connell, William A (DEC) Subject: RE: SMOKEYS DUMP I find it hard to believe that an agency like DEC would lose any type of inspections reports on cleanups as large as this, 1991 started finished 1995+++ It could be under Kodiak Island Borough, lakeside 2n' addition-lot2 or 2A, Anyway they capped this off with excavated fill from the hospital site and then put a:few feet of 31n minus on top, I -' bought the property next door and cleaned it up( it had 96 wrecked cars on it, I have cleaned it up and built 8 storage building on it, plus my residence which is 5 ft from the lot they want to put this remediation project on. On the other end of this lot is a baseball -football field, is there any regulations on where they can put a remedition project, distance from residences ect do they have toseal the ground777Do they have to protect us from the flumes, thanks for your help, jim From: O'Connell, William A (DEC)[mailto:bill.oconnell@alaska.gov] Sent; Tuesday, March 02, 2010 2:21 PM 1 a KODIAK ISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: March 16, 2010 TO: Planning and Zoning Commission FROM: Woody Koning, Director Engineering and Facilities Department CASE: 10-16 Please include the following statements and photos into the record as a description of the applicant's position on this case. The Community Development Department is holding the KIB EF Department to the same standard as any other property owner applicant. Required fees have been paid from project funds and the following information is intended to support the applicant's (KIB EF) efforts to persuade the Commission to grant the request for Similar Use Determination and a Conditional Use Permit as in the best interest of the public. P&Z Case 10-016 Page 1 EXISTING STORAGE CELLS LOCATED ON HIGH SCHOOL LAWN Page 2 AND MORE CELLS ON LAWN BETWEEN HIGH SCHOOL AND BOROUGH BUILDING. This material must be removed from the high school campus. We are presently in the planning stages of the largest construction project in KIB history. The project site will be most difficult to build on with the soil removed, and impossible with the material in place. The DEC approved plan provided for temporary (six months) storage on the high school campus until a planned soil remediation facility was operational. That facility never materialized. KIB Engineering/Facilities Department (EF) hired a consultant to provide a practical alternative to shipping off -island. Several Borough owned properties were considered before selecting the proposed property. The consultant drafted a remediation plan and received DEC approval for the process and the site. P&Z Case 10-016 Page 3 LOOKING EAST FROM THE PROPOSED SITE TO A RETAIL BUSINESS LOT STORING EQUIPMENT AND DERILICT VEHICLES, AND BEYOND TO SAFEWAY AND BLOCKBUSTER. P&Z Case 10-016 Page 4 LOOKING SOUTH TO ADJACENT INDUSTRIAL ZONED LOTS. P&Z Case 10-016 Page 5 LOOKING SOUTHWEST OVER THE PROPOSED SITE SHOWING THE INDUSTRIAL ZONED LOTS TO THE LEFT AND PART OF THE GREENBELT TO THE RIGHT. EF learned that in order to stockpile soil in a Public Use Lands Zone we must acquire a Similar Use Determination and a Conditional Use Permit. EF applied for the permit and the determination with the Community Development Department (CDD). EF agrees that a use that is permitted and similar in character and impact in the zone would be governmental maintenance and service storage yards. Typical activities in such facilities include heavy equipment storage, servicing, and refueling; and storage of maintenance materials i.e. sand, gravel, salt, large rock, and soils. P&Z Case 10-016 Page 6 EXAMPLES OF MAINTENANCE AND SERVICE FACILITIES AND STORAGE YARDS INCLUDE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES YARDS. BUSKIN YARD P&Z Case 10-016 Page 7 REZANOF YARD P&Z Case 10-016 Page 8 CITY OF KODIAK PUBLIC WORKS REFUELING STATION P&Z Case 10-016 Page 9 CITY OF KODIAK MAINTENANCE FACILITY P&Z Case 10-016 Page 10 CITY OF KODIAK SALT SORAGE DOME AND WAREHOUSE P&Z Case 10-016 Page 11 CITY OF KODIAK MATERIAL STORAGE P&Z Case 10-016 Page 12 COMMERCIAL MAINTENANCE AND SERVICE FACILITIES AT BRECHAN ENTERPRISES P&Z Case 10-016 Page 13 ANOTHER VIEW OF BRECHAN'S YARD P&Z Case 10-016 Page 14 ANDERSON CONSTRUCTION MAINTENANCE AND SERVICE FACILITY AND STORAGE YARD ADJACENT TO RESIDENTIAL PROPERTIES The process of passive remediation as described in the DEC approved plan is most similar nature to the activities taking place in these maintenance/service and storage yards than any other activities on Kodiak Island. However, both the impacts and potential hazards present in these maintenance yards is greater than those the project activities will create. The probability of petroleum spills is far greater when transferring flowing products between tanks and vehicles than it is when storing contaminated soils totally encapsulated in liners designed specifically for this purpose. No refueling, servicing, or storing of equipment will take place on the property. Not to mention the frequency and volume of equipment traffic. Equipment will only be on site for periodic aeration of the soils. The passive remediation process is quite innocuous to its surroundings. However, it does take time. EF fully expects to complete the process within two summer seasons. EF suggested a two year limit on the Conditional Use Permit, but CDD recommended four years with P&Z Case 10-016 Page 15 no valid basis for the additional two years. EF would agree to a two year term on the permit with the understanding that there is a slight chance of requesting a one year extension should the process work slower than expected. However, the question before you tonight is not to pass judgment on the remediation process, but rather the question before you is to determine if storage of diesel contaminated soils encased in an impermeable cocoon is similar in character and impact with the activities of the maintenance/ service and storage yards identified above; and by granting this use will the project maximize benefits to the public; and will it not be harmful to the public health, safety, convenience, and comfort; and will the project not harm the value, spirit, character, and integrity of the surrounding area. P&Z Case 10-016 Page 16 DATE: TO: FROM: CASE: KODIAK ISLAND BOROUGH Engineering & Facilities Department MEMORANDUM March 16, 2010 Planning and Zoning Commission Woody Koning, Director Engineering and Facilities Department 10-16 Please include the following statements and photos into the record as a description of the applicant's position on this case. The Community Development Department is holding the KIB EF Department to the same standard as any other property owner applicant. Required fees have been paid from project funds and the following information is intended to support the applicant's (KIB EF) efforts to persuade the Commission to grant the request for Similar Use Determination and a Conditional Use Permit as in the best interest of the public. P&Z Case 10-016 Page 1 EXISTING STORAGE CELLS LOCATED ON HIGH SCHOOL LAWN P&Z Case 10-016 Page 2 AND MORE CELLS ON LAWN BETWEEN HIGH SCHOOL AND BOROUGH BUILDING. This material must be removed from the high school campus. We are presently in the planning stages of the largest construction project in KIB history. The project site will be most difficult to build on with the soil removed, and impossible with the material in place. The DEC approved plan provided for temporary (six months) storage on the high school campus until a planned soil remediation facility was operational. That facility never materialized. KIB Engineering/Facilities Department (EF) hired a consultant to provide a practical alternative to shipping off -island. Several Borough owned properties were considered before selecting the proposed property. The consultant drafted a remediation plan and received DEC approval for the process and the site. P&Z Case 10-016 Page 3 LOOKING EAST FROM THE PROPOSED SITE TO A RETAIL BUSINESS LOT STORING EQUIPMENT AND DERILICT VEHICLES, AND BEYOND TO SAFEWAY AND BLOCKBUSTER. P&Z Case 10-016 Page -1 LOOKING SOUTH TO ADJACENT INDUSTRIAL ZONED LOTS. P&Z Case 10-016 Page 5 LOOKING SOUTHWEST OVER THE PROPOSED SITE SHOWING THE INDUSTRIAL ZONED LOTS TO THE LEFT AND PART OF THE GREENBELT TO THE RIGHT. EF learned that in order to stockpile soil in a Public Use Lands Zone we must acquire a Similar Use Determination and a Conditional Use Permit. EF applied for the permit and the determination with the Community Development Department (CDD). EF agrees that a use that is permitted and similar in character and impact in the zone would be governmental maintenance and service storage yards. Typical activities in such facilities include heavy equipment storage, servicing, and refueling; and storage of maintenance materials i.e. sand, gravel, salt, large rock, and soils. P&Z Case 10-016 Page 6 EXAMPLES OF MAINTENANCE AND SERVICE FACILITIES AND STORAGE YARDS INCLUDE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES YARDS. BUSKIN YARD P&Z Case 10-016 Page 7 REZANOF YARD P&Z Case 10-016 Page 8 CITY OF KODIAK PUBLIC WORKS REFUELING STATION P&Z Case 10-016 Page 9 CITY OF KODIAK MAINTENANCE FACILITY P&Z Case 10-016 Page 10 CITY OF KODIAK SALT SORAGE DOME AND WAREHOUSE P&Z Case 10-016 Page 11 CITY OF KODIAK MATERIAL STORAGE P&Z Case 10-016 Page 12 COMMERCIAL MAINTENANCE AND SERVICE FACILITIES AT BRECHAN ENTERPRISES P&Z Case 10-016 Page 13 ANOTHER VIEW OF BRECHAN'S YARD P&Z Case 10-016 Page 14 ANDERSON CONSTRUCTION MAINTENANCE AND SERVICE FACILITY AND STORAGE YARD ADJACENT TO RESIDENTIAL PROPERTIES The process of passive remediation as described in the DEC approved plan is most similar nature to the activities taking place in these maintenance/service and storage yards than any other activities on Kodiak Island. However, both the impacts and potential hazards present in these maintenance yards is greater than those the project activities will create. The probability of petroleum spills is far greater when transferring flowing products between tanks and vehicles than it is when storing contaminated soils totally encapsulated in liners designed specifically for this purpose. No refueling, servicing, or storing of equipment will take place on the property. Not to mention the frequency and volume of equipment traffic. Equipment will only be on site for periodic aeration of the soils. The passive remediation process is quite innocuous to its surroundings. However, it does take time. EF fully expects to complete the process within two summer seasons. EF suggested a two year limit on the Conditional Use Permit, but CDD recommended four years with P&Z Case 10-016 Page 15 no valid basis for the additional two years. EF would agree to a two year term on the permit with the understanding that there is a slight chance of requesting a one year extension should the process work slower than expected. However, the question before you tonight is not to pass judgment on the remediation process, but rather the question before you is to determine if storage of diesel contaminated soils encased in an impermeable cocoon is similar in character and impact with the activities of the maintenance/ service and storage yards identified above; and by granting this use will the project maximize benefits to the public; and will it not be harmful to the public health, safety, convenience, and comfort; and will the project not harm the value, spirit, character, and integrity of the surrounding area. P&Z Case 10-016 Page 16 11 KUOIAK ISLAND BOROU..ffid COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak Al slip hefnrP t1 Kodiak Island Borough Planning and Zoning Commission, to hear c. j.1 er ale, 114h following request: CASE: 10-016 APPLICANT: Kodiak Island Borough MAR 1 5 2010 REQUEST: Request a Similar Use Determination and a Conditional Us. PeriiiCk,�k in accordance with KIBC 17.15.090 (Similar Uses) ai P ti's (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, rd Addition, Lot 2A ZONING: PL -Public Use Lands J ARTM NT This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (# 121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. r </lel-�� 1 5 - l i'e}' ,�.aYour Name: /9-6 Ace I'�� :Nailing Address: �c/ Your property description: 46 //91 — /-a-3 !-t�� s /4 54.1_4 z i Comments: 4,5 /r7 e 44 l:l AM5l/C/f/ $.O 7 �`'s,t/145�//T • 5r otz.4 t,,a / .4 /.b*cv vitt f4ew 0,01Ae ;7 1atq ,./✓ Q _et L4_11 le B j (ll ✓ 9, vU -A Q hurt r 71'//4,1 /!^/ eg95 1'41-'4(.41 / k,-.1' Xet 5. uor S s /44;/h i,r4" ;AI Alede1• J;.rze-t_ rt' �l..s l dZ it c e/; t i i i a✓ f� m/Qi�,4-1 J/�,/cr-<< i5 .t✓esf- it rtr,(-)/.,-2/ J -r, 5 "moi-- '' ,, " . 5D ' fi`r4 rGC,--4-4./in *07 //d Z.s s /t.4 4/5 ,#rb re ? /T i) ! d..,/,..4,..,,, T�j ; 5 d/'4. f,, �d1 �e / O€ LAB' , /'`9.%.-` ". , - r 51 �cc�.ve#�,r et Current Location 2647 Selief Lane Agenda Item VI D P & Z Case # 10-016 Request Similar Use Deter enation and Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) t store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility Kodiak isiaiid Boroughand storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. • 4446-41 10.*Aticin .4 AV a *•I •-v. ,a0 11 -■. .� �.1p Ralwal aNIS IMILV 4 sOlt, ANIMA Ur" I ' Kodiak Island Borough GIS 1 Legend Subject Parcel Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. I am disagreeing with the 1 20 J By signing this petition g g MAR5 10 Kodiak Island Borough Plan to Put contaminated soil at 1 26j47 Selief Lane ( Smokeys Dump. (Behind Safeway) + E.. 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'1/,/ Get, "Lift' 1 9 1 4 6 I q: Asseablymember Monroe appreciated Me. Jensen's capability in finalizing drafts of policies, • recruiting board members and helping the board w as a team. VOTE ON MOTION Ayes: Noes: MOTION CARRIED MAR 1 5. 2010 YYiS1MUNIN DEVELOPMENT DEPARTMENT Austerman, Burt, Gould,. Hancock, Milligan, Monroe, McFarland None Unanimous 4. Contract No. 93-58 Smokeyrs Metal Dump CONTRACT Debris Cleanup Project. NO. 93-58 GOULD, moved to approve seconded by MONROE Contract No. 93-58 with Kodiak Home Repair of Kodiak, Alaska, in an amount. not to exceed $56,000. Mayor Selby explained that the contract was for removal of non-metal debris. He stated that once the" / debris was removed, the intent was to cover the area / with rock and gravel to create baseball fields and a recreation area. ,AtAuestione raised by Assemblymember Milligan, 'Mayor "Selby explained that once the debris was removed, Department of Environmental Conservation sepreeentatives would make final determination that the.area`was sufficiently cleared of hazardous materials. - VOTE ON MOTION TO APPROVE Ayes: Gould, Hancock, Milligan, Monroe, Austerman, McFarland Noes: Burt MOTION CARRIED 6 Ayes, 1 No SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT RECITAL The Kodiak Island Borough is a municipal corporation and political subdivision of the State of Alaska. The Borough requires a debris cleanup of Smokey's Dump, a former landfill located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that has industry knowledge regarding the separation,.processing, loading, and ,genetal,construction skills of scrap steel recycling, debris removal and site grading. The following elements are to be incorporated into the Construction Contract entered with the Contractor. B., ;• SCRAP META/DEBRIS CLEANUP The, area of land which is known as Smokey's Metal Dump was originally leased :bythe Kodiak Island Borough to private parties in February, 1966. The site was predominantly used to dispose of municipal solid waste materials ( see Figure 1 for the location of the disposal site). Solid wastes were conventionally landfilled at the site for the next .10 years. Burning of garbage was also conducted from time to time during the period of active disposal.. • During the late 1970's increasing amounts of scrap iron were brought to the site. ay 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals, including automobiles and other debris continued to accumulate at the site, creating large unorganized piles which were randomly distributed. Metals and debris became commingled during the transition from mostly a refuse disposal operation in the early 1970's to metal disposal and salvaging..of the early 1990's. This 'zone of transition.' between garbage land imetals disposal the focus of this: cleanup project. Approximately 4,000 tons of mixed metals and automobiles have been removed from the site. Debris still remain on site and comprise of non-metal materials and:non-salvageable and salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and, drums.. .The ,`chaiacteristics of debris which are non-metal in nature include wood, plastic, paper and a ''considerable number of tires. Much of the material which remains•at theta is a mixture of these items which will not require sorting or removal from the:site. The Kodiak.Island Borough (Borough) wishes to contract a qualified contractor to sort metals, ;clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removaland haulage of some debris to the Kodiak Island Borough landfill and the grading of the area utilizing existing soil, rock and debris. SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT (continued) The Contractor agrees to furnish all equipment and perform all the work necessary to complete The following cleanup activities. The Contractor will provide a trained crew with a supervisor skilled in scrap handling, debris removal and land surface grading. The Contractor will, separate recoverable metals from debris piles remaining at-Smokeys'into the following categories: aluminum; other non-ferrous metals if they exist in •adequate quantities; ferrous metals; automobiles. The amount of metal salvaged and transported to the Kodiak Island Borough landfill facility shall not exceed 1,000 tons. Other materials such as wood, soil and rock, paper products, cable and other miscellaneous rubbish and solid waste materials -shall not be separated. The Borough prefers to move a minimal amount of debris from site., ,Up to:4',000 cubic ,yards of debris may require,ttansport from the site to the the landfill. The Contractor will -work,cooperatively and closely with Borough staff to determine gradelevels and the:amount of debris and metals,ultimately transported from the site. The Borough -reserves the right to determine the final method of disposal of debris and/or metals. If substantial amounts of wood•are encountered,. these materials can be separated and burned on site provided such burning does not produce black smoke. The Contractor is not required:to provide • transportation for any scrap material from locations other than Smokeys Metal Dump: The Contractor will be responsible to keep track of the amount of material which it collects for Transport to the Kodiak Island Borough Landfill facility. :C. ENVIRONMENTAL ISSUES Based.on previous work which has been done on the site, no significantenvironmental ' .;hazards were or are they expected to be encountered on the site.- The. Borough -acknowledges that General is not required to accept hazardous materials of any kind. (a) any "hazardous substance" as defined in CERCLA; if 101(14) or. any "hazardous waste" as defined in. RCRA and applicable regulations or any applicable federal, state or local laws or regulations, or (b) any form of radioactive waste material, contaminant or pollutant or any spentnuclear fuel as those terms are defined in any applicable federal, state or local laws or regulations. 5 KODIAK 'ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKAI01015 Contract No. CONTRACT CHANGE ORDER 93-58 Change Order No. 4 Project Nina; Number & Location 8raokey .tletal Debris Cleanup Amount of Contract & Change Orders _ 41U -40G -452-150-03—u5 'Corittidor '7 Kodiak -Horde. Repair 1423 flenanof Dr XotIin, AT.: 0961C Original Contract 6,0.30 b Previous Changes , (hit) This Change Adlusted.Contract $173,thAa ••• ; Description of Change Cost i- . The Contzacter shall cut up large metal itevtu transport up • to 2,000 ter.L.; of metal to the 8anitarl. Metal iteras • shall iduhtified by the KS13 Envircuuaental Engtheer prier to processing. :Caen load shall bu weighed uoing Ltle ocalu Zit the landfill. 'This item is to be pai•d at u rate of $44.O0/pc:c ton. Vase oi this item shrill nut exceoC. $86,00;;. $GC./uOU.Jv • The tpie prodded for coimpletbn Wale corer= Us (taxiiima, (increasec9 S9by 12 ti an inenament to me =WS and al provbkas o t the =tract w111 applythereto Accepted By: 7. 1 / Contractor'sRepreoentativ(--- Date calends r dais This dowmat stag Date 0f •Approved BYL .7( - Date Ctintracting Officer \ 'Copier OdS ionceityCoonfinitor Canary to Contractor .Pailani Kul* NoltaWCIARISOba PROJECT UPDATE KODIAK ISLAND BOROUGH ENGINEERING/FAQUTIES DEPARTMENT MARCS 1, 1994 SMOKEYS METAL DUMP CLEANUP This project will clear remaining debris and rough grade the ground surface at Smokeys Metal Dump. Initial debris removal includes tires and miscellaneous solid wastes along the margins of the site with a minimum amount being hauled to the landfill for disposal. In addition, small amounts of metal will be recycled. . VILLAGE AND KODIAK METAL CLEANUP, PHASE II .KIB is working to provide an estimate of actual costs to remove metals island wide. iKIB/DOT would assemble an agreement similar to the Phase I document. This funding covers junk vehicles not covered in the previous contract. ABANDONED VEHICLE RECYCLING PROGRAM Seven proposals were received by JIB Engineering/Facilities to recycle scrap metal currently being staged at the KID Landfill/Baler Facility. This contract requires the contractor to remove gasoline, oil, batteries and anti -freeze from vehicles prior to shipment. KID will maintain responsibility for the disposal of potentially hazardous materials. The contractor will maintain responsibility for assembling and shipping loads free of hazardous waste ;material or other hazards. Based on KM's review of all proposals, recommended award of ,contract to Northern Exploration & Equipment Co. in the amount of $61.77 per ton of metal which is processed and shipped to a recycling facility off island. A contract has been written and is being reviewed by the attorney. The project start date has not been determined, but is anticipated to be sometime in April, 1994. KARLUK LANDFILL RELOCATE Ongoing. KM staff continues to address issues regarding construction design and funding surrounding solid waste collection and disposal at Karluk. KID staff has identified a site which would be suitable for the construction of a landfill. The file "Karluk Landfill Project" has been prepared which contains information concerning the problem xra OIL T NX REPLACEMENT A conceptual remediation plan is in progress and will be issued to ADEC for approval. Cost estimates for materials and construction are in progress to install the above ground 3,:000 gallon fuel tank to be located between DP & E/F wings of Borough Building. BALER/LANDBILL ENGINEERING AND PERMIT UPDATES LANDFILL ENGINEERING RFP - Landfill Engineering RFP was issued and Proposals are due March 3, 1995. BIO -REMEDIATION PIT - Discussions with ADEC look positive for operating the bio -pit. A letter from ADEC approving the operation is forthcoming. Investigation into operation and management of the bio -pit is being evaluated and a draft contract will initiated. "HOUSEHOLD HAZARDOUS WASTE - Work on a RFP is continuing. Bids for a hazardous material storage building have teen received and a recommendation to the Borough Assembly will be drafted. FINANCIAL ANALYSIS OF SOLID WASTE PROGRAM - Initial investigation has started and will continue through the summer. I have requested several solid waste reports from the Finance Department. BQBBIAN RIVER CLEAN-UP A draft contract for disposal services has be written and will be finalized for signature. Samples of the contaminated soils will be'collected and a disposal plan submitted to ADEC for approval. BZCYCLING pRoCIAM Nothing to report. HEALTH AND BAFETE_ PROGRAM Work is continuing on the H&S Policy and Procedure Manual. Effort to formalize the H&S Committee Meeting Agenda will be emphasized. Engineering changes and permit applications are in progress. A 500 gallon fuel tank has been placed on the site. Contractors will be submitting bids on their respective trades (i.e. interior electrical, interior plumbing and heating, exterior site.work and utilities) in anticipation of starting this March. A 15 kw emergency generator has been purchased and a generator shed is. under construction. The project estimate and schedule is n..rrwwF l.• L.wiwr. Finalie/.A enA is rinnnnri *n he rnnnlatad by PArly Kodiak Island Borough MEMORANDUM DATE: MARCH 6, 1995 TO: THRU; BOB SCHOLZE, FROM: BUD CASSIDY SUBJ: PLANNING AND. ZONING COMMISSION ITEM FOR THE MARCH 15, 1995 P&Z MEETING RE: CASE 8-955-005 VACATION AND REPLAT OF SMOKEY'S DUMP (LOTS 2 & 3 LAKESIDE BUBDIVIBION, 2ND ADDITION) I.:. INTRODUCTION Action in this case would perform two items that are needed in the Borough's effort to create a park from this former metals dump. . These items include: 1. Reducing the length of the cul-de-sac; and 2. Eliminating an interior lot line to aid in future construction. II. PARK As you know, it has been the goal of community to clean up this former dump site and make it into a usable area. Various conceptual park plans have been entertained. These concepts change daily as the area is surveyed and mapped. Also occurring is the formal process of closing this former dump. Presently, waste material (primarily composed of clay from the hospital construction project) is being spread on top of this former metals dump. This.. clay material meets DEC''s minimum requirements for closing dumps and landfills. To be closed out, dumps are required to be sealed with a tight -grained material that prevents rain and surface water from percolating down and through the debris that made up the landfill. III. RECO KENDATION This plat provides more area for park construction by 'eliminating a portion of the 60 foot wide right-of-way. It also eliminates an interior lot that is no longer needed, creating one lot. It is recommended that this preliminary plat be approved. DEPARTMEt''T __ IL SCOPE OF WORK SMOKEYS METAL DUMP DEBRIS CLEANUP PROJECT RECITAL The Kodiak Island Borough is a municipal corporation and political subdivision of the State of Alaska. The Borough requires a debris cleanup of Smokey's Dump, a former landfill located within the Borough's jurisdiction. The Contractor will be the party selected by the Borough that has industry knowledge regarding the separation, processing, loading, and general construction skills of scrap steel recycling, debris removal and site grading. The following elements are to be incorporated into the Construction Contract enteredwith. the Contractor. B. SCRAP METAL/DEBRIS CLEANUP The area of land .whichis known as Smokey's Metal Dump was originally leased by the Kodiak Island Borough to private parties in February, 1966. The site was predominantly usedto dispose of municipal solid waste materials ( see Figure 1 for the location of the disposal site). Solid wastes were conventionally landfilled at the site for the neat10 years. Burning of garbage was also conducted from time to time during the period of active disposal. During the late 1970's increasing amounts of scrap iron were brought to the site. By 1981, the area was devoted to accepting scrap metal for disposal and/or salvage. Metals; including automobiles and other debris continued to accumulate at the. site, creating large unorganized piles which were randomly distributed. Metals and debris became commingled during the \ transition from mostly a refuse disposal operation in the early 1970's to metal disposal and salvaging of the early 1990's. This "zone of transition" between garbage and metals disposal is the focus of this cleanup project. Approximately 4,000 tons of mixed metals and automobiles have been removed from the site. Debris still remain on site and comprise of non-metal materials and non -salvageable and salvageable ferrous and non-ferrous metals. The actual tonnage of economically salvageable metals is unknown. Non -salvageable metals include cable, tanks and drums. The characteristics of debris which are non-metal in nature include wood, plastic, paper and a considerable number of tires. Much of the material which remains at the site is a mixture of these items which will not require sorting or removal from the site. The Kodiak Ishwd Borough (Borough) wishes to contract a qualified contractor to sort metals, clean debris and grade the area. This will be accomplished through a combination of segregating a limited amount of metals which exist on site, the removal and haulage of some debris to the Kodiak Island Borough landfill and the grading of the area utilizing existing soil, rock and debris. file: debrls.wkl tet 1W25/93 Options #fA-& #2 (2) Northern (4) A—K OS Spill (4) KodiakRpr (5) B e 28,000 Bid % of Bid % of Bid % of Bid % of 1 28,000 Amount Tot Amount Tot Amount • Tot . Amount Tot Am Option *IA 31,100 44% 10,500 14% 48,590 8046 14,000 25% 1 f Option 02 31,077 44% 43,560 5996 22,675 •28% .14,000 2596 4; Option 03 8,000 11% 19,800 2796 9,719 1296 .28,000 5096 1 f Total (1) 70,177 10096 73,860 10096 80,984 100% .56,000 100% 8f Options #fA-& #2 (2) 82,177 89% 54,080 7396 71,265 88% 28,000 50% 6f Opfion #3 (3) 8,000 11% 19,600 2796 9.719 28,000 Notes: (1) Available budget $80,000 (2) Options #la and #2 are largely haulage orlented. (3) The bulk of the project emphasizes debris fill on site. (4) The amount allocated to Option #3 appears understated. ( .13 • •1111❑.. • _ �,.uc :=.o =„• sizes • • t• in:site find the removal and transport of'residual metali.to thetaler•fadlity. ' The.`lawest level of effort is directed to hauling debrls•off-site. (6) 5ilg y over ail le budget. PARKS & RECREATION COMMITTEE CIP FY 2010-2014 1. Parks & Fields Plan (f21.4u1ti-Purpose Fields Construction (KANA, East, Softball Complex) 3. Mill Bay Beach Site Plan est Construction 4. Bike Path Extension (Marine Hill — White Sands) 5. White Sands Beach Improvements 6. Womens Bay Boat Ramp 7. 3 Walking Trails to North Star 8. ATV Park 9. Fairground Improvements Approved at the September 15, 2009 Parks & Recreation Committee Regular Meeting with a recommendation to forward to the Planning & Zoning Commission to incorporate into their CIP List. CIP List Taken from the Septem 1. Road System Trails Plan Mill Bay Beach Softball Field Complex Womens Bay Boat Ramp S. White Sands Beach Improvements 6. KANA Field Improvements 7. East Softball Field 8. Bike Path Extension 9. Rodeo and State Fairgrounds Improvements 10. ATV Park R Minutes PlA,0-0-ed by if 4 -Pt 7, Other suggested projects: - Continuation of trail to North Star School and neighborhood - Alternative football/ultimate Frisbee/soccer multipurpose practice field Page 1 of 2 a Jim Ashford From: 'Fula, tan' <ifulp@city.kadiak.ak.us> To: 'Bud Cassidy" <bcassidy@kodiakak.us>;'Rick Gifford' agifford@kodlakak.us> Cc: "Bob Scholze' vscholze@kib.co.kodiak.ak.us>; <WKoning@kodiakak.us>; <jashford@ak.net>;'Lund, Kris' <PUBMTSUP@city.kodiak.ak.us> Sent: Thursday, March 04, 2010 10:18 AM Attach: IF and topsoil pile,JPG; DL Softball Field.pdf; DL SB Flold.jpg The city has about 3,000 yards of tepsoil (see attached photo) stored on the two Near Island tots directly to the right as you come across the bridge. These lots have just been sold and now the topsoil needs to be moved, and a place is needed to move it to. tam requesting permission for the City to be allowed to move the topsoil to the Dark Lake area that was built, and at one time, designated to be a softball field. Since the original purpose of the area was for use as a sports field and since it was recently (within the last two years), approved by the Borough park board for use as a softball field, it may be that the topsoil would be Just what's needed to finally finish the project for the purpose It was originally ante nded. Public Works is moving the material from Near Island today. If they can't take It to the Dark Lake area, they will have to haul it all the way to Gibson Cove—a long haul and a hard place from which to move it a second time. Would R be possible to get permission today (even this morning) to take the topsoil to Dark Lake, with the intention of temporary storage, but with the possibility of eventually sp reading it on the rock pad to be used as surface material to create a much-needed grass -covered sports field? I am copying Bob, Woody and Kris, because I've talked to each of them this morning about this. Jim Ashford is copied because he lives right next to the area in question and is very interested in what happens there. Ian Fulp—Director City of Kodiak Parks & Recreation 410 Cedar Str., Kodiak, Alaska 99615 (907)486-8670, FAX (907) 486-8674 Lfftoncity.kodiak.ay,us 3/10/2010 r- Page 2 of 2 No virus found in this incoming message. Checked by AVG - www.avg.eom Version: 8.5435 / Virus Database: 271.1.1/2720 - Release Date: 03/03/10 07:34:00 3/10/2010 (Th State of Alaska DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF SPILL PREVENTION AND RESPONSE CONTAMINATED SITES PROGRAM Soil Treatment Facility Guidance November 7, 2002 TABLE OF CONTENTS PURPOSE BACKGROUND INFORMATION 1 SOIL TREATMENT FACILITY DEFINITIONS 2 DISCRETIONARY CATEGORY DESIGNATION 4 THE OPERATIONS PLAN REVIEW PROCESS 5 A l I ACHMENT A 7 Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners 7 Engineering Design Criteria for Hard -Surface (Le. Concrete, Steel) Soil Containment Structures 8 Purpose The Contaminated Sites Program (CSP) regulations require that the owner/operator of an offsite or portable treatment facility obtain approval of an operations plan before accepting or treating contaminated soil. The regulations are located at 18 AAC 75.365, and 18 AAC 78.273. 18 AAC 75.365 and 18 AAC 78.273 require the owner/operator of a soil treatment facility to provide complete containment of the contaminated soil before, during, and after treatment, until the contaminated soil meets the applicable cleanup levels. Proper containment structures for the storage and processing of contaminated soil and water is a crucial portion of any soil treatment facility. The costs associated with providing adequate containment structures at a treatment facility can be significant. The below criteria have been developed in order to provide direction to treatment facility owners/operators in the development of their operations plans and to assist CSP staff in their review of facility operations plans. The criteria are intended to develop and maintain statewide consistency in the regulation of soil treatment facilities by providing appropriate guidance for the containment of contaminated soil before, during, and after treatment. Background Information The department is receiving an increasing number of soil treatment facility operations plans for facilities operating in the less populated areas of the state. These areas typically do not have permanent soil remediation facilities such as those existing in Anchorage, Fairbanks, Kodiak, or Juneau. Many of the facilities operating in less populated portions of the state consist of thermal treatment equipment, designed to be portable enough to be transported by road, barge, or plane to remote areas. They are designed to provide cost -competitive soil treatment options off the established road system, or along the road system in areas of the state where the cost of transporting soils to a permanent soil treatment facility inay be cost prohibitive. The nature and scope of soil treatment facility operations plans are varied. Many facilities are designed specifically to remediate soil at the facility or project site where the contaminated soil has been generated (often involves the treatment of a pre-existing stockpile of contaminated soil). Facilities that are set up at the project site where the contaminated soil has been generated are termed `portable' treatment facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Other operations plans are designed for facilities that will receive contaminated soil from one or more offsite sources, requiring that the contaminated soil be transported to, and managed by, the soil treatment facility. Facilities that are established at a location to receive soils from one (1) or more offsite locations are termed `offsite' facilities under 18 AAC 75.365, 18 AAC 78.273, and in this guidance document. Offsite operations plans cover the spectrum of operations from those intended to receive soils from a single project site/facility, to those intended to receive and treat soils from multiple project sites/facilities that may be within that area or region. The risk of secondary contamination at these offsite facilities varies due to the type of facility, existing site conditions and surrounding features and environment, and the intensity of use. 1 Soil Treatment Facility Guidance t Soil containment provisions for portable soil treatment facilities and three (3) categories of offsite soil treatment facilities have been developed, so that appropriate containment provisions can be implemented in response to the relative risk posed by these differing treatment facility operations. Soil Treatment Facility Definitions Category A) Portable Treatment Facility: Portable treatment facilities are commonly set up at the contaminated site where the soil was generated. Examples of Portable Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. A minimum of l0 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days duration. A minimum of 20 -mil base liner is required in these areas for operations of greater than 180 days duration. Protection of the base liner should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminated soil is frozen or contains large aggregate/debris that would likely damage the base liner. A sand layer of adequate thickness to protect the liner should be placed on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category B) Offsite Treatment Facility Receiving Soil from One Contaminated Site: This category of offsite treatment facility is designed to receive, manage, and remediate soil that has been transported from the site where the contaminated soil was generated to an offsite location for storage and treatment. Examples of Offsite Treatment Facilities include, but are not limited to: thermal desorption rotary kiln units, enhanced -thermal desorption units, hot-air vapor extraction units, and soil washing units. Category B facilities are restricted to treatment of soil from only one contaminated project site (i.e., soil generated from a single contaminated site or by a single facility). A minimum of 10 -mil base liner is required beneath the soil containment, transportation, and treatment areas for operations of less than 180 days duration. A minimum of 20 -nil base liner is required in these areas for operations of greater than 180 days duration. Protection for the base liner in contaminated soil containment, transportation, and f I Soil Treatment Facility Guidance 2 treatment areas should include preparation of a firm, smooth, and level base. If the native soil base contains sharp or large aggregate or debris, a sand (of appropriate quality to be used as a bedding material) or protective felt fabric must be placed on the native soil prior to laying the base liner down. A sand layer or felt fabric should also be considered for placement on top of the base liner prior to placement of the contaminated soil, if the contaminated soil is frozen or contains large aggregate/debris that would likely damage the base liner. A sand layer of adequate thickness to protect the liner should be considered for placement on top of the liner if equipment is to be repetitively operated in the contaminated soil storage cell. Post -treated soil stockpiles need to be contained until final verification samples have established that the contatninated soil meets the applicable cleanup levels. Factors which influence the degree of containment required for post -treated soil stockpiles include the level of confidence that the remediation method will meet the cleanup levels, the time delay prior to receiving post-treatment analytical results, and the sensitivity of the surrounding land use and environment. Category C) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: Up to three years of operations The minimum soil containment provision for Category C offsite treatment facilities shall consist of the engineered design, construction inspection, and record drawings of the lined contaminated soil storage, transportation, and treatment areas. It is recommended that the facility be designed such that the input or load hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the lined contaminated soil containment areas prior to construction or use of the facility. These engineering plans must be sealed and signed by a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer must also provide sealed and signed record drawings, verifying that all lined containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer's assistant, must inspect and document the installation process. Examples of lined, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Lined, engineered containment areas are limited to no more than three years of use (from the date that contaminated soil was first placed within the containment area), at which tithe the removal and closure assessment of that portion of the treatment facility is required. DEC approval of continued operations for a period of time that exceeds three years would require submittal of another engineered soil containment plan, construction of new soil containment structures, and construction inspection and record drawings by a registered engineer. Post -treated soil stockpiles at Category C facilities are to be contained until final verification samples have established that the contaminated soil meets the applicable Soil Treatment Facility Guidance 1 'I cleanup. levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category C facilities. Category D) Offsite Treatment Facility Receiving Soil from Multiple Projects/Facilities: More than three vears of operations The minimum soil containment provision for Category D Offsite Treatment Facilities shall consist of the engineered design, construction inspection, and record drawings of concrete, steel, or other hard -surface, petroleum -resistant contaminated soil storage, transportation, and treatment areas. Soil containment areas for Category D facilities shall include a hard, petroleum -resistant surface that is resistant to structural damage by bulldozers, backhoe buckets, and front-end loader buckets. It is recommended that the facility be designed such that the input or load hopper to the treatment equipment is contiguous to the soil containment cell, when practical. An Alaska registered engineer shall submit construction design drawings (plan and cross sectional), details, and specifications for the installation of the hard surface contaminated soil containment areas, prior to construction or use of the facility. These engineering plans must be sealed and signed by a registered engineer. Within 45 days after the completion of construction of the facility, a registered engineer shall also provide sealed and signed record drawings, verifying that all hard surface containment areas were installed in accordance with the DEC approved plan. This means that the engineer, or the engineer's assistant, must inspect and document the installation process. Examples of hard -surface, engineered containment designs and specifications are available from DEC from prior -approved soil treatment facility operations plans. Post -treated soil stockpiles at Category D facilities are to be contained until final verification samples have established that the contaminated soil meets the applicable cleanup levels. Structures for post -treated soil containment shall be included in the engineered plans. See Attachment A for additional engineering plan guidance for Category D facilities. Discretionary Category Designation The above four (4) categories of soil treatment facilities are expected to address the majority of soil treatment facility operations within the state. Under certain circumstances, DEC staff may need to exercise discretionary authority in determining the most appropriate categorical requirements to apply to a soil treatment facility, which could increase or decrease the level of soil containment criteria required. DEC project managers should coordinate any discretionary category designation with supervision and the program staff responsible for reviewing Category C/D facility operations plans in order to maintain statewide consistency. The two most likely examples of such circumstances are discussed below: Large quantity ofsoil from one project: Soils from a single project totaling more than approximately 4000 cubic yards (-6000 tons) are proposed for treatment either on or offsite. Soil Treatment Facility Guidance 4 Concern would normally be greater for offsite treatment. Under this circumstance, DEC may exercise discretion to increase the soil containment criteria from Category A or B, and reclassify the facility to the more protective Category C. Factors that DEC will examine and consider include, but are not limited to: a) the sensitivity of the environment and current environmental conditions at the proposed soil treatment site; b) soil contaminant concentrations; c) soil treatment processing rate and the total span of time projected to complete soil treatment; d) whether soil treatment will occur during winter or freeze -thaw weather conditions; e) whether contaminated soil stockpiles will have to over -winter during the soil treatment process; f) whether the soil storage cell will be repetitively loaded and unloaded during the soil processing operation, thereby threatening the integrity of the base liner, compared to the strictly one time unloading of contaminated soil from a soil storage cell to the treatment equipment; and g) other project -specific considerations that relate to the risk of secondary contamination of the soil treatment site. Minimal quantity of soil from multiple projects: Soils from more than one project (generating site), totaling less than approximately 500 cubic yards (--750 tons) are proposed for treatment at a single processing location. Under this circumstance, DEC may exercise discretion to relax the soil containment criteria from Category C and reclassify the facility down to Category B. Factors that DEC will examine and consider include, but are not limited to: a) the remoteness of the soil treatment project from existing Category C or D soil treatment facilities; b) all of the factors identified in the preceding example — `Large quantity of soil from one project.' The Operations Plan Review Process: Projected Processing Times Category A and B soil treatment facilities requesting department approval of an operations plan should allow for a minimum 30 (Category A) or 45 (Category B) -day review and processing period from the date of submittal of the operations plan. A public participation process may be required for facilities in these categories, involving a three-day publication of a Soil Treatment Facility Operations Plan Notice in local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments in response to the notice will be directed to the department. Category C and D soil treatment facilities requesting department approval of an operations plan should allow for a minimum 60 -day review and processing period from the date of submittal of the operations plan. A public participation process is required'for these facilities, involving a Soil Treatment Facility Guidance 5 three-day publication ofa Soil Treatment Facility Operations Plan Notice in Local newspaper(s) and a two-week public comment period following the last date of publication. The department must approve the wording of the public notice prior to publication. Comments in response to the notice shall be directed to the department. It would not be uncommon for the operations plan review and public notification process for category C and D facilities to run longer than 60 days. Soil Treatment Facility Guidance 6 iTh ATTACHMENT A Engineering Design Criteria for Soil Containment Structures Using Synthetic Liners. (Maximum Approved Life of Three (3) Years) Base liners must be a minimum of 20 mil nominal thickness and comply with the Long Term Liner Specifications in 18 AAC 78.274(a), Table B. Liners should be factory seam sealed by the manufacturer whenever possible. Field seeming of liners is only allowed when conducted in accordance with the liner manufacturer's recommended procedures, to include any certification, training, and experience requirements placed on field seaming workers. Field seaming methods must be clearly specified in the engineering plans for DEC review. Base soil specification for soils beneath and in contact with the liner are 100% passing the 'A" US sieve, without sharp fracture surfaces on the aggregate. A minimum of three (3) inches of soil meeting this specification is required immediately beneath the base liner at all locations. If the base specification soil is not available or not used, an appropriate thickness protective felt fabric may be employed to offset the use of out -of -specification material to some extent, depending on the quality of the specific bedding materials proposed for use. The design engineer will need to research and support the use of the appropriate felt fabric in conjunction with any out -of -specification base soil. Base soils must be smooth with no sharp or irregular projections and sufficiently compacted to prevent settlement under the soil and vehicle loading that will occur over the linered containment area. The base soils should, at the minimum, be proof -rolled under the observation of the engineer. The engineer is required to inspect and approve the prepared soil base prior to placement of the synthetic liner (or protective felt fabric if used). Cover soil specification for soils above and in contact with the base liner are 100% passing the 3/8" US standard sieve, sandy, free -draining soil. A minimum of 18" of cover soil must be maintained above the base liner at all times, prior to heavy equipment and vehicle travel over the base liner. This will require special soil cover placement techniques, which must be described and specified within the engineering plans. The 18" minimum applies to entry and exit ramp areas also. If the cover specification soil is not available or not used, protective felt fabrics may be employed to allow the use of some out -of -specification cover soil. In this situation, the design engineer will need to research and support the use of an appropriate felt fabric for use with out -of -spec cover soil. The engineer is required to be present during the cover soil placement process in order to certify that proper soil placement techniques have been employed. Whenever protective felt fabrics are used, a minimum 12" overlap is required at all felt joints. The perimeter of the liner shall be bermed a minimum of 6" above the surrounding soil surface to prevent surface water intrusion of the containment cell. Soil Treatment Facility Guidance 7 a3 r � A minimum of 18" of cover soil must be maintained over the synthetic liner at all times throughout the life of the soil containment cell. The design should include provisions that will help to ensure that the owner/operator will maintain the minimum of 18" of cover soil during operations. An Alaska registered engineer or registered land surveyor shall provide survey control and documentation during the construction process, and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Soil containment cells must be designed and contoured such that nondomestic wastewater collecting within the cell(s) can drain to a monitoring and de -watering sump. This sump, in combination with the free -draining cover soil within the cell, will provide a means for both monitoring the accumulation of wastewater and evacuating excess wastewater to prevent cell flooding. The free -draining soil must remain structurally stable and support vehicle loading when saturated. A provision for the handling, storage, processing, and ultimate disposal of nondomestic wastewater must be provided in the plans. The plans must include a provision for the operation and maintenance of the monitoring and de -watering sump. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, so as to be able to certify that the structures were constructed as intended and in compliance with DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). Engineering Design Criteria for Hard -Surface (i.e. Concrete, Steel) Soil Containment Structures. Hard -surface soil containment cells require the following: Engineering plans, details, drawings, and specifications must be signed and sealed by a registered engineer demonstrating proper base soil materials selection, placement, and preparation in order to support the multi -season and long-term use of the concrete or other hard -surface, petroleum resistant containment cells. An Alaska registered engineer or registered land surveyor must provide survey control and documentation during the construction process and provide certified contour drawings of the facility and soil containment cells and structures. These survey drawings must include a permanent benchmark for purposes of future reference. Engineering design plans and specifications for the concrete slabs or other hard, petroleum resistant surface, identifying the loading design parameters, must be signed and sealed by a registered engineer. Soil Treatment Facility Guidance 8 pvi A roof covering the soil containment cells is preferred. For plans lacking a roof, contours and provisions must be included to control, contain, handle, process, and dispose of nondomestic wastewater that accumulates within the soil containment cells. The engineering plans must include a long-term inspection and maintenance program to ensure the structural and watertight integrity of the concrete pad or other hard, petroleum resistant surface. The requirement for engineered record drawings means that the engineer must provide adequate construction inspection and oversight, so as to be able to certify that the structures were constructed as intended, and in compliance with the DEC approved plans. The general format for the engineering plans should follow the engineering plan requirements found in 18 AAC 72.600(c) (Nondomestic Wastewater System Plan Review, Application for Department Approval). Soil Treatment Facility Guidance 9 ;,5 Jim Vicki Ashford From: O'Connell, William A (DEC) [bill.oconnell@alaska.gov] Sent: Wednesday, March 03, 2010 2:46 PM To: jimvick@alaska.com Cc: Ha, Young (DEC) Subject: RE: SMOKEYS DUMP Attachments: soiltreat_2002_10_07.pdf Hello Jim, I managed to locate one very thin file in the Solid Waste Program Archives however it only deals with a lawsuit filed by the State against Mr. Stover in the mid 1970's (the State lost) and there is nothing in the file about the cleanup. I also asked a few longtime DEC employees if they remembered anything about it, and all they could recollect was that a pond at the site had been filled in then the area was capped with clay/silt to shed water and keep it from interacting with the buried debris, then the ball fields were built. To reiterate what I said in our original conversation, soil remediation at the property in question has not been approved by DEC, nor have we seen any plans that propose it, nor has the transport of the soil from its current location to the lot next to yours been approved. If you see soil being moved to that property, please let me know. Soil treatment facilities of this nature have to follow our guidance, which I've attached for your reference. Bill Bill O'Connell, C.P.G. Environmental Program Specialist ADEC Contaminated Sites Program (907) 269-3057 From: jimvick@alaska.com [mailto:jimvick@aiaska.com] Sent: Tuesday, March 02, 2010 9:30 PM To: O'Connell, William A (DEC) Subject: RE: SMOKEYS DUMP I find it hard to believe that an agency like DEC would lose any typeof inspections reports on cleanups as large as this, 1991 started finished 1995+++ It could be under Kodiak island Borough, lakeside 2nd addition -lot 2 or 2A, Anyway they capped this off with excavated fill from the hospital site and then put a few feet of Sin minus on top, I bought the property next door and cleaned it up( it had 96 wrecked cars on it, I have cleaned it up and built 8 storage building on it, plus my residence which is 5 ft from the lot they want to put this remediation project on. On the other end of this lot is a baseball -football field, is there any regulations on where they can put a remedition project, distance from residences ect do they have to seal the ground???Do they have to protect us from the flumes, thanks for your help, jim From: O'Connell, William A (DEC)[mailto:bill.oconnell@alaska.gov] Sent: Tuesday, March 02, 2010 2:21 PM K:,illAK ISLAND BOROt=c I COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2" Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property owner/interested party in the area o the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, fax is: our number (907) 486-9396. If you would like to testify via telephone, pie......, during the appropriate public hearing section of the meeting. The local call-in tele 1 n Wu i E: t 3, 13 `;I . The toll free telephone number is 1-800-478-5736. } One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session . the Kodiak Island Borough Conference Room (#121), to review the packet material for t'.+e 11 case. +; heIUAfl7:10 j. Kodiak Island Borough Code provides you with specific appeal rights if you disagfaMMjlpp'r 1:: decision on this request. If you have any questions about the request or your appeal ngh. , . . - ... . at 486-9363. / r 1) 620 r2cs�7 Your Name: � HRi57DPti' �i (/I/ �/vls Mailing Address: ` Your property description: / � • Comments: • M 9 - a,dl 9 1 , S /Ora /LDLs ' / 2rl x'16/ S— 1 e. cam VA// ad!y1 eft , etti S se S ,,, A I, I Or Boo »t 5_ J-1- s-oewl / e q DLC n -' ,r a e4 .� � P 4L LAWu1 fr /,l/�/�l�/.1/ /i'llif Al -. if 1 ..l it L • "/r ) r .. tri, . AO r _ • e - 4 • ' OC/i/i 4 • i E ARTMENT wd Request.a Similar Use Determination and Conditional Current Location Use Permit, in accordance with KIBC 17.15.090 2647 Selief Lane (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently Agenda Item VI D g stored at the Kodiak High School and that it is similar in P & Z Case # 10-016 character to a government maintenance and service facility Kodiak Island Borough and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. I frill eler es it ta 111 ltstotili 7L ; /titar! MN ,�—� j 1111"f ,•�mu ,I ��ee�'' ant a�� /1 ..2.4. tri,„041 r-- 0 V S L'r "' -111 i 4-1-r----. J 1 \ ALa L', •.--- 0 ALtJrnR'o.o O\ tn - ipprs.0 )....J ,in '�, �l r V tit ittMe e Ot. Ar t. AS,_0o��-,/ S#S,4t4 444 il SO rite iiii6ill b;; . • ;. Kodiak Island Borough GIS -„ Legend "• \, W QQ+`-, - Subject Parcel _`'V) E 0 700 . 1,400 2,800 Feet Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of shoed g the general location of a property within the Kodak Island Boroughl This map does not represent a survey. More information about the mapping data can be obtained by contactin the Kodiak Island Borough IT Department at (907) 486-9333. e Mer -05-2010 02 1 PM Petro Marine Service..„ 17.486.6833 1/1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99613 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010, The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and .Zoning Commission, to hear comments if any. on the following request: CASE: APPLICANT: REQUEST: 10-016 Kodiak Island Borough Request a Similar Use Determination and a Conditional Use Permit, In accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district, LOCATION: 2647 Seliaf Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being Beni lo you because our records indicate you are a property owner/interested party In the area of the request. 1£ you do not wish to testi 'verbally, you may provide your comments in the space below, or in a letter to the Community Development Department rid= to the'meeting. if you would like to fax your comments to us, our fax number is: (907) 486.9396. It you would Tike to testify via telephone, please can In your comments during the appropriate public hearing section of the meeting. The local colt -In telephone number is 496-3231. The toll free telephone number is 1-800.476-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 pm. in the Kodiak Island Borough Conference Room (9121), to review the packet material for the cone. Kodiak Island Borough Code provides you with specificappeal rights if you disagree with the Comtulssion's decision on this request. If you hove any questions about the request or your appeal rights, please feel free to call as at 486-9363. r ?11 1l` 1I Vour Nam I, .1 'ta. ateaine Add8(3 rew ivl1Sy)4 g lLOdtiik-.' Your property den:peon: . . Communist ` I }, I_ Ct(s t . 11.%4 4 clbt+isaA &PR - a K:,aIAK ISLAND BORO1kTH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property ownerfinterested party in the area of the request. if you do not wish to testify verbally, you may provide your cotmnents in the space below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, pleaie call in youi comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. y •( t / �J�� ( g y1�7 �j �7 Your Name: \ .V -1 6 `( Y # jz_ Lt Mailing Address: X (} /O / `e/ Your property description: ¥VV-' Jita A a Ka c17, lr f Comments: ,[ / l 5 fy\ef let, t iso([, -1-_ ( -ma S r H s a -I0- e1 n - lei; -f 1, flrc a - AA jeAte-C1 a/e. cif-' P_ tOut4iF1( Oh21'e- i1" rSe.(cmg5. Si - (231 MAH -52010 ,I COMMUNITY DEVELOPMENT DEPARTMENT i r _.--_.. _-... ..- Request a Similar Use Determination and Conditional Request Current Location Use Permit, in accordance with KIBC 17.15.090 2647 Selief Lane (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently Agenda Item VI D stored at the Kodiak High School and that it is similar in P & Z Case # 10-016 character to a government maintenance and service facility Kodiak Island Borough and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision,2Snd Addition. 1 eirr tillater IP... �� lib. 6j" 4 irie ce 3 ) 4 %. • Pe 4 i S *W4jk ss g. r • ?ijIi!ij ■ ion_ surs fall RIF it 4fp R y 4 gi,i�L11P,•,� alas Ilik 44 3h'°'' alP� ORO Oast% snot 44 Kodiak IslanHi ih--r,'ou -- -1 I Legend .i (; r' i f' ' -- ` (- Subject Parcel '� 1` .. , rr ra It I o 700 11,400. (vile r. - .;2,800 Notification Area I s i . This map was prepared from he Kodiak Island Borough's GIS System: 'It Is provided for the purpose of%showi g the general location of a property within the Kodi k Island Borough. This map does not represent a survey. More information about tha'mapping'data can'ba'obtained by'dontacting the Kodiak Island Borough IT Departmental (907) 486.9333. i _.. —-.e.vw✓.ee—veu.ns.w..--.--- CArlj� �GYyuyl ���n� Ca CHANNEL CHANNELIZATION CHARACTER had been conducted previously, e.g., food had been served previously and continued to be; there had been music in the restaurant and continued to he; there was serving of alcoholic beverages previously and con- tinued to be, The Supreme Court held that this quan- titative analysis was improper and that the focus in cases of this type must be on the quality, character and intensity of the use viewed in their totality and with regard to the overall effect on the neighborhood and zoning plan (83 NJ. 309 at 314). As a restaurant it had been open every day but now was open only one day and three evenings; the primary use of the dance hall had been incidental to dining but was now a primary use; the music was formerly provided by live bands and was now recorded; admission charges were now made whereas there had been none; the bulk of the prior business was food catering, which now was discontinued. The Court concluded that there had indeed been a change of use and that the defendant was properly convicted.... The Supreme Court (also) noted that "an increase in the time period during which a conforming use is operated may justifiably be the basis for finding an unlawful extension thereof, just as changes in the functional uses of the Iand or increases in the area of use have been." (Belleville v. Partillo's, Inc. at 317-18) A watercourse with a definite bed and banks that con- fine and conduct the normal continuous or intermit- tent flow of water. (1) The straightening and deepening of channels and/ or the surfacing thereof to permit water to move rap- idly and/or directly; (2) a traffic control device that forces vehicles into certain traffic flows or turning movements, Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality. Comment: Examples of an area's character might in- clude: a pattern of residential gridiron, tree -lined streets with alleys for garage access and trash removal; a busi- ness district with uniformity in building scale, materi- als, setbacks, street furniture, and sign design; or a wa- terfront promenade with fountains, public art, and de- sign -coordinated street furniture of benches, light stan- dards, and trash receptacles. 73 AUTOMOBILE REPAIR AUTOMOBILE REPAIR SERVICES, MAJOR AUTOMOBILE REPAIR SERVICES, MINOR AUTOMOBILE SALES AUTOMOBILE SALES, USED Comment Auto malls are very large establishments, often consisting of several dealerships. They are the result of the increasing cost of retail auto sales and cost efficiencies from combining services facilities. Because of their size, they are usually located on the outside of the central business district and developed commer- cial areas. They require large tracts of land, often in excess of 30 or more acres with good access. Planning considerations include controls on lighting and signage and requirements for screening and landscaping. A major problem is that because of their large size and combined repair facilities, auto malls may generate sig- nificant environmental problems, including pollution and runoff. (`Acres of Automobiles," Zoning News, June 1997) See AUTOMOTIVE REPAIR SERVICES AND GARAGES; GARAGE, REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, weld- ing, and major painting service. The replacement or repair of any automobile part that does not require removal of the engine head or pan, engine transmission, or differential but may include incidental body and fender work, minor painting, and upholstering service. The use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles (but may include light trucks or vans, trailers, or recreation vehicles), and including any vehicle preparation, warranty or repair work conducted as an accessory use. The use of land and buildings for the display and sale of primarily used motor vehicles and may include re- pair and service facilities as well as financing and leas- ing services. Comment: The sale of used motor vehicles is cus- tomarily an accessory use to new car dealerships. Used - car superstores are a recent phenomenon, akin to the big box retailers. They usually provide one-stop shop- ping in the sale of used vehicles and include servicing, financing, and similar services. They occupy large land areas, usually on the outskirts of built-up areas. Good access and visibility are critical. As with auto malls, 38 a tg ;e A �d g- )n ne ES; nes, eld- that pan, dude „and emise ,f new as or ng any ducted nd sale ,ude re- * AUXILIARY LANE A part of the roadway striped for use but not for through nd leas - AUTOMOBILE SERVICE STATION AUTOMOBILE WRECKING YARD AUTOMOTIVE REPAIR SERVICES AND GARAGES planning considerations include site design, land- scaping, lighting, signage, and pollution. ("Acres of Automobiles," Zoning News, June 1997) Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicu- lar fuels- servicing and repair of automobiles; and includ- ing as an accessory use the sale and installation of lubri- cants, tires, batteries, and similar vehicle accessories. Comment: The name "automobile service station" is probably a misnomer as more and more stations con- vert to fuel sales only and no longer undertake vehicle repairs. In addition, many gas -only stations are selling snack food, tobacco, drinks, newspapers, and similar convenience goods as accessory or appurtenant to the principal use. Some additional parking may be needed for shoppers other than those getting gas. At some point, the accessory use may become the principal use. Other zoning considerations include multiple use of the site, parking and circulation, signs, and landscap- ing. See MINIMARr. An establishment that cuts up, compresses, or other- wise disposes of motor vehicles. See JUNKYARD. Comment: Wrecking yards may also store and sell sal- vaged auto parts, but if so, they function as junkyards, Establishments primarily engaged in furnishing auto- motive repair, rental, leasing, and parking services to the general public. Comment. This general category includes all major components of the automotive industry (except the dis- pensing of gas and oil directly into the vehicles), in- cluding parking lots and structures, all types of repairs, car washes, and rental and leasing activities. traffic. is cus- AVAILABLE SITE A site with clear title, free of encumbrances that pre - its. Used- elude development for low- and moderate -income hous- in to the ing. (New Jersey Council on Affordable Housing 1993) op shop- ervicing, AVERAGE ANNUAL arge land as. Good no malls, Comment: Generally replaced by Average Daily Traffic (ADT) counts. See AVERAGE DAILY TRAFFIC (ADT). ALLY TRAFFIC (AADT) The total yearly traffic volume in both directions of travel divided by 365. 39 COMPATIBLE LAND USE More important, however, new houses or expan- sions of existing houses should take place on the lot only in such a manner that the character of the existing streetscape is not seriously affected. This requires that the existing front yard and side yard setbacks remain the same, or in the case of the side yards, any encroach- ment take place toward the rear of the lot. Building heights can be increased, but that part of the roof that is raised should be set back farther from the front build- ing line. One additional point worth noting is that most houses are not built to existing setback requirements, except on very small lots. In other words, on moder- ately sized and larger lots, with the exception of the front building line, many houses can be expanded to the rear and sides and still conform to existing codes. But this type of expansion or new house will be signifi- cantly different from the existing neighborhood char- acter. A detailed survey of the existing development characteristics is needed to establish a realistic and ef- fective set of controls. This type of survey can best be done by the use of aerial photography. See COMMU- NITY DESIGN PLAN; DESIGN M. A use of land and/or building(s) that, in terms of devel- opment intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely af- fect the quality of life of persons in surrounding or nearby buildings. See QUALITY OF LIFE; COMPATIBLE DESIGN. Comment: The definition spells out the specific criteria that should be examined but also includes a determi- nation as to whether the use adversely affects the qual- ity of life of the neighborhood residents. Compatible land uses may include different land uses that are mu- tually supportive and necessary, providing goods and services, economic opportunities, and a healthy and safe environment. COMPLETE APPLICATION An application for development completed as specified by ordinance and the rules and regulations of the ap- proving authority and the provisions of all required documents. Comment: Most states require that a determination of completeness be made within a specific period of time and on the meeting of all requirements specified in the 86 GAME OR GAMBLING GAME GAMING OR GAMBLING GAMING OR GAMBLING ESTABLISHMENT GAMING DEVICE OR GAMING EQUIPMENT GAP ANALYSIS GARAGE GARAGE, MUNICIPAL GARAGE, PRIVATE CUSTOMER AND EMPLOYEE GARAGE, PRIVATE RESIDENTIAL Any banking or percentage game played for money, property, or any representative of value with cards, dice, or any device or machine and located exclusively within a facility licensed for such activity. The dealing, operating, carrying on, conducting, main- taining, or exposing for pay of any game. Any premises wherein or whereon gaming is done. See CASINO. Any device, contrivance, or machine used in connec- tion with gaming or any game. The study of available time between vehicles in a stream of traffic to determine the potential capacity of traffic turning to or from a roadway or crossing. A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Comment: A distinction should be made between park- ing, short- and long-term, and storage, such as that as- sociated with auto sales and unregistered vehicles. A structure owned or operated by a municipality and used primarily for the parking and storage of vehicles owned by the general public. A structure that is accessory to a nonretail, commer- cial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public. A structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public. Comment: The combination of narrow lots and two -car attached garages can result in visually unattractive "snout houses" or "garage door" streetscapes. Solutions include using detached garages set back from the house with street access or fronting on an alley. In both cases, a covered walkway to the house can be provided. Side - entry garages are another possibility but usually require 170 C GARAGE, PUBLIC GARAGE, REPAIR GARAGE, SHARED RESIDENTIAL GARAGE SALE GARBAGE GARDEN APARTMENT GARDEN CENTER GAS PUMP GASOLINE STATION GASOLINE STATION AND CONVENIENCE CENTER (TRAVEL CENTER) at least a 115 -foot lot width. Another solution is shar- ing the driveway access and necessary turning courts with the adjacent lot. In this last example, three -bay side -entry garages can be accommodated with no det- riment to the streetscape. See SNOUT HOUSE. A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public. Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. See AUTOMOTIVE REPAIR SERVICES AND GARAGES. A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not available to the general public. The sale or offering for sale to the general public of items of personal property by the owner or tenant of an improved lot in a residential district, whether within or outside any building. Comment: This definition limits sales to residential districts, appropriate to the noncommercial nature of this occasional activity. Some local regulations require a permit and fee, with restrictions on hours of opera- tion, a limit of two sales per household per year, and requirements for the removal of signs after the sale. Animal and vegetable waste resulting from the han- dling, storage, sale, preparation, cooking, and service of foods. See SOLID WASTE. See DWELLING, GARDEN APARTMENT. See NURSERY, RETAIL. See FUEL DISPENSER. See AUTOMOBILE SERVICE STATION. A gasoline station, fast-food restaurant, and convenience store located on the same lot and planned, operated, and maintained as an integrated planned development. 171 a 7. It a T e Y 1 t r r 1 f GOVERNING BODY GOVERNMENT AGENCY GRADE GRADE, FINISHED 3. Par 3 golf courses have a par on each hole of 3 and an average of 2,000 to 2,500 yards. Typical ancillary facilities include a practice range, a clubhouse with dining facilities, and a pro shop. Other recre- ation activities may occur on portions of the property not developed for golf. The minimum acreage for each type of course is: Regulation: 150 acres Executive: 40-75 acres Par 3: 30 acres A total land area of 250 acres or more is preferred to accommodate 27 holes at each course. Potential for possible future expansion should be considered. The site should have topography, soils, and a configuration that will efficiently support golf course development. The site should be capable of withstanding intensive public use and should include ad- equate parking facilities to accommodate employees and guests. The course should be capable of being developed and operated in a fashion compatible with any significant envi- ronmental features. Land uses within or adjacent to the site should not unduly constrain the site or golf course opera- tion. An adequate water supply for irrigation is required. [Adapted from the Open Space and Recreation Plan 2003, Middlesex County, New Jersey] The chief legislative body, of the municipality. See LOCAL AUTHORITY; MUNICIPALITY. Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, town- ship, authority, district, or other governmental unit. (1) The average elevation of the land around a build- ing; (2) the percent of rise or descent of a sloping sur- face. See SLOPE. Comment: Grade is usually described as finished or natural and measured in feet above sea level. There is a distinction between percentage of slope and degree of slope. For example, a 45 -degree slope is a 100 percent grade. See Figures 15 and 46. The final elevation of the average ground level adjoin- ing a building at all exterior walls after development. (BOCA 1996, p. 55) See FINISHED ELEVATION. See Figure 15. 175 •, r ILLUMINATED SIGN See SIGN, ILLUMINATED. IMPACT ANALYSIS A study to detennine the potential direct or indirect ef- fects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors. Comment: The impact analysis also can include fiscal, aesthetic, social, and legal impacts. The impact analy- sis serves a variety of functions. It should point out what impact the proposed development will have on the factors considered and what steps are needed to mitigate the impact. This is particularly true for envi- ronmental considerations, stormwater management, and utility needs. For projects that require variances, the impact analysis can be used to detennine whether substantial detriment would result—an important cri- terion in the granting of a variance. Finally, impact analysis allows the municipality to plan. If, for example, a development of houses is expected to generate a given number of school-age children, an impact analysis can alert the local board of education to the need to ac- commodate the additional load. IMPACT FEE IMPERMEABLE IMPERVIOUS COVERAGE A fee imposed on a development to help finance the cost of improvements or services. Comment: Developers have long been required to pay for the cost of improvements necessitated by a develop- ment. These improvements include on -.and off-site roads, utilities, and stormwater management facilities. Devel- opers have also been required to pay for their fair share of off -tract facilities that are needed as a result of their development. Through this method, off -tract intersec- tions may be improved, water and sewer mains enlarged, and additional off -tract drainage basins constructed. Impact fees are an extension of the philosophy that developments should pay their own way. Thus, where permitted by state legislation and local ordinance, an impact fee may be imposed on development for roads, schools, parks, fire stations, libraries, and other such public facilities. Where impact fees are permitted, they must be specific, based on a reasonable formula, and uniformly applied. Not permitting the passage of water. See LOT COVERAGE. 201 FROM : Kodiak Rlaska PHONE N0. : 907.486 6486 Mar. 02 2010 11:3BRM P1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -I) PUBLIC HEARING NOTICE A public hearing will he held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 ...(cWitiR24, 7.*0.4 st9,T,94nd.lemediate.diesPt ^r�^�;^a Yl soil l stoie'd at the 1Kodi'ak:1ij h'Scho'ol'�an'd brat if is svri ar.:in"charactei: td.;a' government maintenance and service facility and storage yard • that `is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, tad Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate yoit are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Coinments must be received by March 2, 2010 to be considered in the staff report if you would like to fax your comments to us, our fax number is: (907) 486-9396. if you would like to tesdfy via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number k 1-000-478-5736. One week prior to the regular meeting, on Wednesday, March.l0, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. ,,tt p Your Name: Ira R.4/ 0. /-NA/.,J 7` Mailing Address:/,./3oX a - Qs l Your property description: L%// /•3//y, / . s-z.f,y _Z 4„,_ frE S'd id.; �,‘ e c ,; ,„7. • any �efj_. �o Comments: o .c evsr .. 7 %'—B ..ry o a 7X.,te• .s• %.r_4z, ., /LI ei STjlc / � % nL�P / /i /l� /!i/ cr/�Pr� / % P Au 2h /: ;p,7`-'* V 5&/, 9Lt; 7-- �aJr 7:`,' • ctor den Ay 'XeA/CO ./1.49 _fin- .T aRd ye'/ MAR -01-2010 09:32 .:.-._,4rTITLE ONTARIO KODIAK ISLAND BOROUG COMMUNITY DEVELOPMENT DEP, 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOT ECEOWFiii 2010 j&Nt'5SMtt!SfRTMENT i A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if' any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 -.. (Conditional -Uses.) -to -store and-remediate.dicr..e1. contawinate4t-soil-preesently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane— Lakeside Subdivision, tad Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the urea of the request. If you do not wish to testify verbally, you may provide your comments in the spin below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report if you would like to fax your comments to us, our fax number is: (907) 486-9396. 1f you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the 'racket material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. p ging' �� Your Name. / . L >4U5 -+IL Addrax: 7,,C t in`r &Ogg aMsiling -L. Aga _Ca Yuur property description:_ L4 (. 7 f1 YAK /4 Mee�urr/X/it 4p z _Call. cannenrs: gni/ AOpent 5 �Mtrre ,7kouf-d #Vr't^ ..6a- 5--aegg dn/ -r-keu Ao Gil --r! 0/✓ roA flt rd'-A-otc.71 rub 4 ftka5 0 THt 64 -i -t- PAAAk 1'8 6&c,3 Cr etc e1-!) mares' i4rz. Y, Peo, € 0.„,,,,,„ 4' 65 1 t- C -i t',1l -771-15- ,[/il, _fit,, -:" 1-1- is /1/0 2-r- T et%,nszn.r-e 0 t_ ��, / '7" (S A/r xr-TES ,-.4 ',� gust '.ieSS Jo mem 0 /7 ilia.,_ or 1,-44 lAa ,44.c--/f;j`"&,:s),--e.97-9-2 e4du nip i -r- 77145 /Vont-ca SQoon,�J -rig- aeseeur 26,,,,e1-79 re. R-2. -- o m i L. P&'; '4, 2Tf (vf 4—, n /tag)n cc7a -T5 P4 PASA-t<.f 1�4%Q/P / 0I TOTAL P.01 Kvi)IAK ISLAND BOROLvH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 10-016 Kodiak Island Borough Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2"d Addition, Lot 2A ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department arior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Lin 2.24-10 Current Location 2647 Selief Lane Agenda Item VI D P & Z Case # 10-016 Kodiak Island Borough 1 Request a SimilarUse Determine ion an onditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. Kodiak Island Borough GIS Legend Subject Parcel Notification Area rhis map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. f his map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. • KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 TED ROGERS 445 SHAHAFKA CIRCLE KODIAK, AK 99615 ELKS LODGE #1772 P.O. BOX 846 KODIAK, AK 99615 LORNA-LEE ARNDT PO BOX 2069 KODIAK, AK 99615 RUTH BRECHAN REV TRUST ETAL 2705 MILL BAY RD KODIAK, AK 99615 ALAGNAK INC P.O. BOX 1275 KODIAK, AK 99615 LESLIE SEATON ROBERT C. BERG JACK JOHNSON 2920 COVE DR P.O. BOX 359 PO BOX 2359 KODIAK, AK 99615 KODIAK, AK 99615 GEARHART, OR 97138 MARK DAILEY PO BOX 959 KODIAK, AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK, AK 99615 KATHLEEN BALLENGER P.O. BOX 126 KODIAK, AK 99615 WAL-MART STORES EAST, LP PO BOX 8050 MS 0555 BENTONVILLE, AR 72712 RICHARD MCKINNEY 354 SHAHAFKA CIRCLE KODIAK, AK 99615 DANIEL CANAVAN 330 SHAHAFKA CIR KODIAK, AK 99615 JAMES JORDAN JOHN SAUNDERS IAN FULP 315 SHAHAFKA CIRCLE P 0 BOX 2309 P.O. BOX 2306 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SETH MINYARD 308 SHAHAFKA CIR KODIAK, AK 99615 KARL FORTUNE P.O. BOX 2832 KODIAK, AK 99615 DENNIS MCCUSKER 2561 BEAVER LAKE DR KODIAK, AK 99615 BRECHAN ENTERPRISES INC GARY MARTIN CRAIG JOHNSON P.O. BOX 1275 PO BOX 2096 PO BOX 207 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RUSSELL OLSON PO BOX 71 KODIAK, AK 99615 FIELDS RENTALS PO BOX 25 KODIAK, AK 99615 DARSHA SPALINGER PO BOX 2635 KODIAK, AK 99615 MILL BAY PLAZA ASSOC LTD C/0 OHN CORP./WALT EBELL 2702 DENALI ST. #100 ANCHORAGE, AK 99503 LESTER RUSSELL 722 SUGAR AVE ONTARIO, OR 97914 JIMMY W ASHFORD PO BOX 703 KODIAK, AK 99615 • MUSK OX STORAGE PO BOX 2827 KODIAK, AK 99615 DURWIN LARIONOFF 2369 BEAVER LAKE DR KODIAK, AK 99615 CHARLES PEARMAN II PO BOX 8782 KODIAK, AK 99615 ROBERT NELSON PO BOX 8836 KODIAK, AK 99615 STANLEY SMITH P O BOX 8888 KODIAK, AK 99615 JOHN LYMAN 1510 MISSION RD KODIAK, AK 99615 THRESHHOLD SERVICES, INC JI W ORD POBOX 8709 POB KODIAK, AK 99615 IAK, AK 9 SAMUEL ROHRER PO BOX 1388 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 FLORENCE PESTRIKOFF PO BOX 8726 KODIAK, AK 99615 ROBERT HOUGH PO BOX 4046 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 ANGEL CRUZ 431 VON SCHEELE WAY KODIAK, AK 99615 JUSTIN HARFORD PO BOX 8726 KODIAK, AK 99615 JAMES COLE 2944 COVE DR KODIAK, AK 99615 Kvi)IAK ISLAND BOROL.IH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. }'� Q/) �2 Your Namet3GlAk CSN\ t i Idt Address: / , V, /?4 2S / � �%%Mailing Your property description: LC IS en Vitit_ Zs�f<e • � Comments: d laripr�''t" t SLS i s /O) Cn,/e44 A Say t'i�) 7' ) 4 dU4 , . Ii d/ /001, / 0/4.5 id ett AI , a J diAt, hr 4/ .11-1;,..1 a eiAA.444771, (./‘ VIL:, "NI 1 , FEB 2 2010 ;t'MMUNITY DEVELOPMENT DEPARTMENT Current Location 2647 Selief Lane Agenda Item VI D P & Z Case # 10-016 Kodiak Island Borough Reques Similar Use Determination`.•ndition. Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) tl store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facili and storage yard that is conditionally permitted in the PL -Public Use Lands Zoning District. The location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. Kodiak Island Borough GIS This map was prepared from the Kodiak Island Borough's GIS System. II is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. ,ODIAK ISLAND BORk..UGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V I -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 10-016 APPLICANT: Kodiak Island Borough REQUEST: Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL -Public Use Lands zoning district. LOCATION: 2647 Selief Lane — Lakeside Subdivision, 2nd Addition, Lot 2A ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department. Comments must be received by March 2, 2010 to be considered in the staff report If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: N5 r 4 1 Kodiak Island Borough GIS Legend N W r�I - Subject Parcel 1.022_ 0 700 1,400 2,800' Feet l Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. r LESTER RUSSELL 722 SUGAR AVE ONTARIO, OR 97914 FIELDS RENTALS PO BOX 25 KODIAK, AK 99615 JIMMY W ASHFORD PO BOX 703 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 ANGEL CRUZ 431 VON SCHEELE WAY KODIAK, AK 99615 JUSTIN HARFORD PO BOX 8726 KODIAK, AK 99615 STANLEY SMITH P O BOX 8888 KODIAK, AK 99615 JOHN LYMAN 1510 MISSION RD KODIAK, AK 99615 MILL BAY PLAZA ASSOC LTD C/O OHN CORP/T EBELL 2702 DENALI ST. #100 ANCHORAGE, AK 99503 MUSK OX STORAGE PO BOX 2827 KODIAK, AK 99615 DURWIN LARIONOFF 2369 BEAVER LAKE DR KODIAK, AK 99615 CHARLES PEARMAN 11 PO BOX 8782 KODIAK, AK 99615 ROBERT NELSON PO BOX 8836 KODIAK, AK 99615 ROBERT HOUGH PO BOX 4046 KODIAK, AK 99615 NS RENTA PO BO v: ,:i •K,AK••• LL BAY PLAZA ASSOC LTD 2702 DE CORP ORAGE, AK 99503 EBELL THRESHHOLD SERVICES, INC PO BOX 8709 KODIAK, AK 99615 SAMUEL ROHRER PO BOX 1388 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 FLORENCE PESTRIKOFF PO BOX 8726 KODIAK, AK 99615 JAMES COLE 2944 COVE DR KODIAK, AK 99615" KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 ALAGNAK INC P.O. BOX 1275 KODIAK, AK 99615 JACK JOHNSON PO BOX 2359 GEARHART, OR 97138 ELKS LODGE #1772 P.O. BOX 846 KODIAK, AK 99615 TED ROGERS 445 SHAHAFKA CIRCLE. KODIAK, AK 99615 LESLIE SEATON 2920 COVE DR KODIAK, AK 99615 MARK DAILEY PO BOX 959 KODIAK, AK 99615 K ISLAN i' c' i i GH RICHARD MCKINNEY 354 SHAHAFKA CIRCLE KODIAK, AK 99615 RUTH BRECHAN REV TRUST ETAL 2705 MILL BAY RD KODIAK, AK 99615 LORNA-LEE ARNDT PO BOX 2069 KODIAK, AK 99615 ROBERT C. BERG P.O. BOX 359 KODIAK, AK 99615 KATHLEEN BALLENGER P.O. BOX 126 KODIAK, AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK, AK 99615 WAL-MART STORES EAST, LP DANIEL CANAVAN JAMES JORDAN PO BOX 8050 330 SHAHAFKA CIR 315 SHAHAFKA CIRCLE MS 0555 KODIAK, AK 99615 KODIAK, AK 99615 BENTONVILLE, AR 72712 JOHN SAUNDERS P 0 BOX 2309 KODIAK, AK 99615 KARL FORTUNE P.O. BOX 2832 KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 RUSSELL OLSON POBOX71 KODIAK, AK 99615 IAN PULP P.O. BOX 2306 KODIAK, AK 99615 TUNS MCCUSKE$- 2561BE: _ R K, AK 99615 GARY MARTIN PO BOX 2096 KODIAK, AK 99615 DARSHA SPALINGER PO BOX 2635 KODIAK, AK 99615 SETH MINYARD 308 SHAHAFKA CIR KODIAK, AK 99615 DENNIS MCCUSKER 2561 BEAVER LAKE DR KODIAK, AK 99615 CRAIG JOHNSON PO BOX 207 KODIAK, AK 99615 Chapter 17.130 PL — PUn x -JC USE LANDS DISTRICT Page 1 of 2 Sections: 17.130.010 17.130.020 17.130.030 17.130.040 17.130.050 17.130.060 Chapter 17.130 PL — PUBLIC USE LANDS DISTRICT Description and intent. Permitted uses. Conditional uses. Area requirements. Yards. Building height limit. 17.130.010 Description and intent. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. [Ord. 83-18-0 §2, 1983. Formerly §17.33.010]. 17.130.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: A. Cemeteries; B. Community buildings and halls; C. Fire stations; D. Gymnasiums; E. Hospitals; F. Libraries; G. Museums; H. Nursing homes; I. Offices for local, state and federal governments; J. Open air theaters; K. Parks, playgrounds, playfields, and open space; L. Recreation centers; M. Sanitariums; N. Schools, public and private; 0. Swimming pools; and P. Utility installations. [Ord. 83-18-0 §2, 1983. Formerly §17.33.020]. 17.130.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; http://www.codepublishing.com/AK/kodiakislandborough/html/KodiakIslandBorough 17/... 11/3/2009 Chapter I7.130 PL — PUBLIC USF r \NDS DISTRICT Page 2 of 2 C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. [Ord. 83-18-0 §2, 1983. Formerly §17.33.030]. 17.130.040 Area requirements. A. Lot Area. The minimum lot area required is 7,200 square feet. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.040]. 17.130.050 Yards. A. Front Yard. The minimum front yard required is 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 10 percent of the lot's width but need not exceed 25 feet. The minimum required side yard on the street side of a corner lot is 25 feet. C. Rear Yard. The minimum rear yard required is 25 percent of the lot's depth but need not exceed 25 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.050]. 17.130.060 Building height limit. The maximum building height is 50 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.060]. This page of the Kodiak Island Borough Code is current through Ordinance FY2010-05, passed September 3, 2009. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.kodiakak.us/ (http://www.kodiakak.us/) Telephone number: (907) 486-9310 Code Publishing Company (http: //www.codepu b i ish i ng. com/) http://www.codepublishing.com/AKlkodiakislandborough/html/KodiakIslandBorough l 7/... 11/3/2009 Chapter 17.15 GENE OVISIONS AND USE REGULATr^S Page 1 of 3 Sections: 17.15.010 17.15.020 17.15.030 17.15.040 17.15.050 17.15.060 17.15.070 17.15.080 17.15.090 17.15.100 17.15.110 Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS Application of provisions. Conformity with regulations required. Alteration or erection of structures. Yard or open space limitation. Approval by planning and zoning commission. Zoning compliance. Building permit and conformity to zoning. Uses prohibited unless authorized. Similar uses may be permitted. Airport regulations. Bed and breakfasts, lodges, motels, hotels and vacation homes. * For statutory provisions granting borough's area -wide planning, platting and zoning responsibility, see AS 29.40.010. For provisions authorizing the assembly to adopt zoning regulations and to provide for exceptions thereto, see AS 29.40.040. 17.15.010 Application of provisions. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. [Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §1. Formerly §17.03.010]. 17.15.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. [Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §1A. Formerly §17.03.020]. 17.15.030 Alteration or erection of structures. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. [Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §1B. Formerly §17.03.030]. 17.15.040 Yard or open space limitation. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. [Ord. 81-54-0 §1, 1981; prior code Ch. 5 §1 C. Formerly §17.03.040]. 17.15.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community http://www.codepublishing.com/AKfkodiakislandborough/html/KodiaklslandBorough 17/... 11/3/2009 Chapter 17.15 GENERAL PROVIciT^NS AND USE REGULATIONS Page 2 of 3 development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. [Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §17. Formerly §17.03.050]. 17.15.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on aform provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). B. In all cases where the commission or the board of adjustment has granted a variance to this title, the department will issue zoning compliance to allow the building work to be done in accordance with the decision, except that no permit will be issued following the granting of a variance until the time for filing an appeal has expired and it is verified that no appeal has been filed. C. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. [Ord. 93-64 §7, 1993; Ord. 92-17 §3, 1992; Ord. 92-04 §2, 1992; Ord. 85-11-0 §1,1985; Ord. 83-42-0 §1, 1983; Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §18. Formerly §17.03.060]. 17.15.070 Building permit and conformity to zoning. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. [Ord. 81-54-0 §1, 1981; Ord. 80-24-0 §1, 1980. Formerly §17.03.070]. 17.15.080 Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. [Ord. 81-54-0 §1, 1981. Formerly §17.03.080]. 17.15.090 Similar uses may be permitted. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. http://www.codepublishing.comlAK/kodiakislandborough/html/KodiakIslandBoroughl7/... 11/3/2009 Chapter 17.15 GENERA'---ZOVISIONS AND USE REGULATI Page 3 of 3 B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. [Ord. 02-13 §2, 2002; Ord. 92-13 §2, 1992; Ord. 81-54-0 §1, 1981. Formerly §17.03.090]. 17.15.100 Airport regulations. In order to carry out the provisions of this title and to ensure the continued viability of utility airports for safe aircraft operations, regulations restricting the height and placement of structures, storage of materials, and parking of vehicles and aircraft are applied to all land contiguous to or adjoining utility airports in the borough. Further, in recognition of the historical development pattems around Lilly Lake (from the airstrip to Larch Street) and any other lands over which any aircraft is required to fly or make a safe approach, when landing or taking off in connection with the use of the Kodiak Municipal Airport, Lilly Lake, or a utility airport. A. All development and/or use of any land contiguous to or adjoining Lilly Lake, the municipal airport, or a utility airport shall comply with airport height limitations and airport setback requirements. Further, structures, buildings, or equipment shall not be located in such a manner as to project into an approach surface, a clear zone, a parking zone, or a runway clear zone. B. Zoning compliance shall not be issued for any activity involving the placement of fill in Lilly Lake, with the exception of docks less than 30 inches above the water, located within the parking zone and for the sole purpose of seaplane parking. C. Zoning compliance shall not be issued for any structure located on land contiguous to or adjoining Lilly Lake that projects from the land out over the lake. D. All newly established utility airports shall be designed and located to comply with Federal Aviation Administration Advisory Circular No. 150/5300-4B for utility airports. [Ord. 87-09-0 §2, 1987. Formerly §17.03.100]. 17.15.110 Bed and breakfasts, lodges, motels, hotels and vacation homes. Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (KIBC 3.55.080) or if applicable, the certificate of exemption from that tax (KIBC 3.55.060), must be submitted to the community development department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Chapter 17.185 KIBC) shall be issued. [Ord. FY2007-08-0 §2, 2006. Formerly §17.03.110]. This page of the Kodiak Island Borough Code is current through Ordinance FY2010-05, passed September 3, 2009. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.kodlakak.us/ (http://www.kodiakak.us/) Telephone number: (907) 486-9310 Code Publishing Company (http://www.codepublishing.com/) http://www.codepublishing.com/AK/kodiakislandborough/html/Kodi akIslandBorough 17/... 11/3/2009 afi❑A3ii C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; L F. Solid waste disposal sites; and ✓SiRtasletARCA-11.osi G. Radio and television transmitters. [Ord. 83-18-0 §2, 1983. Formerly §17.33.030]. 17.130.040 Area requirements. A. Lot Area. The minimum lot area required is 7,200 square feet. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.040]. 17.130.050 Yards. A. Front Yard. The minimum front yard required is 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 10 percent of the lot's width but need not exceed 25 feet. The minimum required side yard on the street side of a corner lot is 25 feet. C. Rear Yard. The minimum rear yard required is 25 percent of the lot's depth but need not exceed 25 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.050]. 17.130.060 Building height limit. The maximum building height is 50 feet. [Ord. 83-18-0 §2, 1983. Formerly §17.33.060]. This page of the Kodiak Island Borough Code is current through Ordinance FY2009-13, passed December 18, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.kodiakak.us/ Telephone number: (907) 486-9310 Code Publishing Company Voice: (206) 527-6831 Fax: (206) 527-8411 Email: CPC@codepublishing.com Chapter 17.130 PL — PUBLIC USE LANDS DISTRICT Sections: 17.130.010 Description and intent. 17.130.020 Permitted uses. 17.130.030 Conditional uses. 17.130.040 Area requirements. 17.130.050 Yards. 17.130,060 Building height limit. 17.130.010 Description and intent. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. [Ord. 83-18-0 §2, 1983. Formerly §17.33.010]. 17.130.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: A, Cemeteries; B. Community buildings and halls; C. Fire stations; D. Gymnasiums; E. Hospitals; F. Libraries; G. Museums; H. Nursing homes; I. Offices for local, state and federal governments; J. Open air theaters; K. Parks, playgrounds, playfields, and open space; L. Recreation centers; M. Sanitariums; N. Schools, public and private; 0. Swimming pools; and P. Utility installations. [Ord. 83-18-0 §2, 1983. Formerly §17.33.020]. 17.130.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; 21I0* / KIB Real Property Locator - Windows Internet Explorer http: //gis. kodiakak, us/website/March_2007/viewer. htm?ActiyeLayer = 5&Query =PID=%2287485020020%22&QueryZoom=yes8ltools=yes Owners Rec OBJECTID PID SHAPE LEPJG SHAPE AREA URL 010 10 PIEL1 FRAME1 1 8997 P.-485020020 3447 62573449 517375.78338 http:??:gal.kadiakak.rttJptoperty.php?!,62 6563 R7485020020 propnum =R748 5020 020 41. Done 2 e Cada 10-01C.0 A similar use determination and conditional use permit in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL— Public Use Lands Zoning District. This location is a portion of Lot 2A, Lakeside Subdivision, 2nd Addition. 5/7 Bud Cassidy From: Dria Holloway Sent: Tuesday, February 23, 2010 9:47 AM To: Bud Cassidy Subject: RE: CUP Application Thanks sound good. We have some things we need to work with regards to journal entries in our new system. Cassandra will let you know when it is posted. Thanks so much for your patience. Apologize for the delay. Qria Bray-7-(oloway 6enera(2{ccounfanf FCodak9srand&orouy4 'finance apartment Ifo )(nay Rad Kodiak Warkp99615 phone; (907) 486-9321 emaiG dhollowav@kodiakak.us From: Bud Cassidy Sent: Tuesday, February 23, 2010 9:41 AM To: Dria Holloway Subject: FW: CUP Application Dria — On the application fee ... looks like Cassandra and Jessica are working on this. looks like we are waiting for a Journal Entry to be entered... I am good to go with this evidence that things are moving forward and will process the application. On the Pasagshak Siren ... we will be using the legislative grant on the tsunami siren. We just don't have access to the old account number ... wait, I just saw where Sheila found one. Bud From: Cassandra Juenger Sent: Tuesday, February 23, 2010 9:34 AM To: Bud Cassidy Subject: FW: CUP Application 710 Milt Bay Rd., RoomKODIAK, AK 99615-6398 (907) 486-9r4R1 FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information /4n/A.t .. %,SLniiuA hoc N Property owner's name 1/e 1-/itt e5/3Y 24 • Property owner's mailing address KO,42/.0/( Ace- / rrlp 1>r City State Zip G -9321 Home phone Work Phone E-mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property Information 274453So24020 Property ID Number/s LoT 24 , LAKEs/oc se,r , _ %4A,/o%41a,J Legal Description Current Zoning: PG Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: G's3C,4&i7 Proposed Use of Property: %64-/Pa2/9tY .9119aAc c aF Ce vrilic/, un7E C Sole_ w,T.0 %CeA dDi ayioss 1Z inauoc .SnnEd.st/q, •SE&fZ&4ATion/ saw SEE coign/40A, A-rezJ a ii .SToe CciLC IA/0/214 Pciht/ /3y TELcusLTO /2°01l (Note: Use additional sheets, if needed, to prdrvi pe a comp to description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that It Is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plant for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey Photographs Maps _ Other Property Owne Fgnature /7.264ato Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.6) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* App ionyeceived by: Staff signature PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per KIR Assembly Resolution Eff. Jury 1, 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.00 51.000.00 $1,500.011 Applicable Kodiak Island Borough Code Application Requirement. ' General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Apppeation. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: I. That there are exceptional physical -circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such fore as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use • 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with' the -department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which -it finds necessary to carry . out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner. A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 Document2 TELLUS, Ltd. 2551 Susitna Drive Anchorage, AK 99517 TRANSMIZTAL June 30, 2009 To: Mr. Ken Smith Hello Ken: Subject: Contaminated Soil Stockpile Kodiak Island Borough Work Plan Submittal See Attachments Attached are two (2) copies of the work plan submittal as requested. I will deliver a copy to ADEC for re- view and approval after I hear from you. Please contact me at 907-248-8055 or 907-529-0445 with any questions you have regarding this submittal. Sincerely, Sco tErdmann, P:G TELLUS, Ltd. Phone: (907) 248-8055 Cellular: (907) 529-0445 Email: tellus@acsalaska.net Contaminated Soil Stockpile Work Plan for Kodiak High School Soil Remediation Project Kodiak, Alaska Prepared For: Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615-6398 (907) 486-9349 Prepared By: TELLUS, Ltd. 2551 Susitna Drive Anchorage, Alaska 99517 (907) 248-8055 June 2009 09-005 Contaminated Sail Stockpile Work Plan 1415 Soil Remediation Project Kodiak Island Borough, Kodiak, Alaska EXECUTIVE SUMMARY 09-005 June 2009 Page 1 This Contaminated Soil Stockpile Work Plan (plan) has been prepared by TELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KIB) for the Kodiak High School (KHS) Soil Remediation Project located iu Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. During this project, previously excavated and stockpiled contaminated soil will be field screened, reloaded into trucks and transported to a new contaminated soil staging area. Field screen testing and subsequent analytical sampling will be performed by 1'01 US using appropriate equipment and approved methods to identify, quantify and classify all of the petroleum hydrocarbon contaminated soil located at KHS. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation efforts. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. 09-005casptan Contaminated Soil Stockpitee Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 2 1.0 INTRODUCTION This Contaminated Soil Stockpile Work Plan (plan) has been prepared by IELLUS, Ltd. (TELLUS) on behalf of the Kodiak Island Borough Engineering & Facilities Department (KM) for the Kodiak High School (KHS) Soil Remediation Project located in Kodiak, Alaska. This plan has been developed based on the criteria set forth in State of Alaska Statutes 18 AAC 75 and 18 AAC 78. These regulations serve as the Alaska Department of Environmental Conservation's (ADEC) environmental compliance guidelines for this project. The objective of this project is to collect data and characterize the existing contaminated soil stockpiled at KHS during the proposed soil relocation activities. After the soil is relocated and the associated analytical results are obtained, efforts can be directed to reviewing existing soil disposal or treatment options. This document is comprised of Field Sampling Plan (FSP) and Quality Assurance Program Plan (QAPP) sections. Subcontractor qualifications are also included in this plan. All future project reports will be formulated and submitted to KIB and then onto ADEC for subsequent review and filing. 2.0 SITE DESCRIPTION Approximately 1600 cubic yards of contaminated soil was previously excavated and temporarily stockpiled at KHS during KCB's underground storage tank (UST) replacement project completed in 2007. The five (5) contaminated soil stockpiles are staged inside five (5) individually lined cells at KHS. The cells have been enclosed with temporary fencing and are located adjacent to the high school building. Trucks can be loaded easily onsite and any spillage will be cleaned up immediately. 09-005c:spna Contaminated Soil Stockpue Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 3 3.0 HEALTH & SAFETY PROGRAM (HSP) Initial worker protection will be Level D (contact but non -respiratory) with an upgrade to Level C (contact and respiratory) should site conditions require. All workers will be required to minimize direct contact with hydrocarbon impacted soils. Exposure routes of inhalation, absorption through the skin, ingestion, and eye contact should be avoided. Appropriate protection and personnel behavior complying with the contractor's HSP will be required from all workers onsite. This will minimize the potential for exposure of workers to petroleum hydrocarbon contamination in the previously stockpiled soils. Contact protection (Level D) would include: high visibility work -grade outerwear, hardhat, gloves, safety glasses, hearing protection, and steel -toe boots while respiratory protection (Level C) would include passive -type, organic cartridge respirators. The consistent presence of elevated volatile levels in the breathing zone will prompt the contractor to review the current level of protection being used and discuss additional upgrades should it be deemed necessary. Ambient air quality monitoring around the existing contaminated soil stockpiles and at the new soil staging area will be performed using an organic vapor monitoring instrument (photoionization detector - PID). All ambient air quality monitoring information will be recorded in the TELLUS Daily Field Reports. The PID will be used to monitor hydrocarbon vapors in the atmosphere of the work area. Permissible levels in the work area should be monitored to determine actual concentrations in the breathing zone. Inhalation represents the most likely exposure pathway for these contaminants of concern. Should hydrocarbon vapors consistently exceed action levels of 20.0 units (PID) in the breathing zone without periodic ventilation or a breeze allowing workers to work upwind of the impacted area, an upgrade of worker protection may be necessary. Environmental and occupational safety regulations will be adhered to during all sampling, field screening and environmental monitoring / testing activities performed during this project. 4.0 FIELD SAMPLING PLAN (FSP) Mr. Scott Erdmann of TELLUS will serve as the qualified field sampler and independent environmental consultant for this project. Mr. Erdmann's qualifications are described in bis resume which is attached to this document. He is familiar with activities associated with field screening, material sampling, and the interpretation of field and analytical data based on previous project experience, regulatory guidelines, and manufacturer guidance documents. The primary objective of this FSP is to obtain data, provide accurate information for soil classification and allow for segregation and the relocation of the previously stockpiled contaminated soil. O91 5cssplan Contaminated Soil Stockpile Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 4 The FSP for this project will incorporate visual inspection, field screen testing, and analytical laboratory testing for hydrocarbon contamination within the stockpiled soil. Visual inspection and field screening will be performed throughout soil relocation activities. 4.1 Field Screening A Mini RAE Lite photoionization detector (PID) is tentatively planned to be used for field screen testing during this project. The PID will be calibrated at the beginning and the end of each work shift using isobutylene calibration gas. The first calibration is intended to set the instrument while the second calibration is performed to measure any instrument drift that may have occurred during the work shift. The calibration methods will be performed by TELLUS personnel in accordance with the manufacturer's specifications. The PID will becalibrated to the nearest tenth of a unit number. Field screening soil samples will be collected and placed in a plastic Ziploc bag to the level of one-third to one-half capacity. The bag will be sealed and the soil will be allowed to volatilize. The bag and its contents will then be heated to at least 60 degrees F, and a headspace reading will be measured. The associated field screening data will then be recorded in the TELLUS daily field report. This method and the summarized procedure are in compliance with ADEC's current environmental guidance documents. It is anticipated that at least one (1) field screening sample for every twenty'five (25) cubic yards of stockpiled soil will be collected, inspected and measured. Based on the estimated volume of 1600 cubic yards, this would yield sixty-four (64) field screening samples. In addition to the PID, TELLUS will utilize the PetroFLAG onsite testing system in order to provide additional field screening data that can be used for correlation with the analytical laboratory results. It is anticipated that between ten (10) and twenty (20) PetroFLAG field tests will be performed, evaluated and recorded. 4.2 Confirmation Soil Sampling Discrete soil sampling procedures, based on field screening results, will be implemented during this project. The discrete soil samples will be collected and submitted for analyses based on observed visual and / or olfactory evidence along with elevated field screening readings as measured by the PID. The discrete samples submitted for analyses will be selected from at least twenty (20) soil samples with the highest field screening readings indicative of typical petroleum hydrocarbon contamination. 09-005cssplan Contaminated Soil Stockpile`Work Plan KI -IS Sod Remediation Project Kodiak Island Borough, Kodiak, Alaska 09-005 June 2009 Page 5 In addition, one (1) duplicate sample for every ten (10) discrete confirmation samples will be collected and submitted for analyses. This corresponding rate of ten (10) percent duplicate samples will assist in determining whether quality assurance / quality control objectives have been achieved during this project. The sampling of hydrocarbon contaminated soil will be conducted in accordance with 18 AAC 75 and 18 AAC 78. Sample packaging, handling, documentation, transportation, chain of custody, and reporting procedures will also be performed as specified in these statutes. Samples shall be analyzed for BTEX, GRO, and DRO as defined in Section 4.4 (Analytical Program) of this document. The samples will be numerically identified in a manner easy to understand and their locations will be documented in the TELLUS daily field'report. The tentative plan is to correlate all field screening and sampling location results to the newly located contaminated soil stockpiles. Disposable sampling supplies will be utilized to minimize decontamination efforts. Decontamination activities required to be conducted as part of this project will be performed as per OSHA, ADEC, and EPA regulations. 4.3 Soil Classification During this project, soil will be classified as: CLEAN - Diesel Range Organics at 0 to 250 ppm Gasoline Range Organics at 0 to 100 ppm and CONTAMINATED — Greater than 250 ppm DRO Greater than 100 ppm GRO Exceeds ADEC Method 2 Soil Cleanup Levels for BTEX 4.4 Analytical Program Analyses to be performed during this project include: aromatic hydrocarbons (BTEX) using Method 8021B, gasoline range organics (GRO) using Method AK101, and diesel range organics (DRO) using Method AK102. Test America, Inc. (TA1) will be the contract laboratory providing the analytical testing services during this project. Analytical results will be furnished to the K18 within the tum around time requested. ' 09-005csspla Contaminated Soil Stockphe Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 6 5.0 QUALITY ASSURANCE PROGRAM PLAN (QAPP) ADEC requires that any consultant or field personnel performing environmental monitoring and/or sampling be qualified based on the requirements set forth in 18 AAC 78 and be on ADEC's approved list. Mr. Scott Erdmann of TELLUS is qualified per 18 AAC 78 and is listed with ADEC as an approved environmental professional. Qualitative and quantitative objectives for data quality generated during the performance of monitoring and field sampling are critical to the success of this project. Conclusions and recommendations are formulated from this data and directly affect future project tasks and schedules. It is imperative that the data obtained is carefully evaluated for precision, accuracy, and completeness HIB and their subcontractors will follow all regulatory and manufacturer guidelines when conducting data acquisition. Test America, Inc. (TAI) is the contract laboratory selected to conduct the analytical portion of this program. TAI is certified by ADEC, EPA, and the ACOE to perform the analytical testing specified in this plan. A copy of TATs ADEC-approved laboratory QAPP is attached to this document for review. 6.0 CONTAMINATED SOIL RELOCATION & TEMPORARY STOCKPILING All contaminated soil removed from the KHS stockpiles will be segregated, transported to and staged at the new contaminated soil staging area located at Lot 2A, Lakeside Subdivision. The proposed haul route is to take Mill Bay Road to Von Scheele Way and then down Selief Lane to the staging area on Lot 2A. Lot 2A is a level, gravel pad area, that is more than large enough (11.92 acres) to accommodate the volume of soil that will be relocated. Upon relocation, the new soil stockpiles will be labeled, covered and secured. Petroleum contaminated soil will be transported in covered loads to the new contaminated soil stockpile area. Thorough efforts will be made to prevent the escapement of any liquid and / or contaminated soil during loading and hauling activities. All contaminated soil to be temporarily stockpiled will be placed upon a petroleum resistant liner having a minimum thickness of 20 mil. All temporary soil stockpiles will be constructed as to not retain water and be in accordance with ADEC's Long -Term Contaminated Soil Stockpiling Requirements (18 AAC 78.370). 09-0O5cssplan Contaminated Soil Stockpne Work Plan 09-005 KHS Soil Remediation Project June 2009 Kodiak Island Borough, Kodiak, Alaska Page 7 In addition, no contaminated soil will be: • • placed within 30 feet of the edge of a gravel pad or native vegetation, • placed within 100 feet of any surface water body, • used for berms or containment structures, or • used to cover / bury any items or debris. All stockpiled soil will have been initially field screened, segregated into lots and preliminarily classified. The soil lots can then be covered with a 10 mil, nylon reinforced, visquene top cover. The temporary contaminated soil stockpiles and the surrounding area will be maintained throughout the duration of this project. The soil staged in the new contaminated soil staging area shall be clearly identified and documented so contaminated soil can be tracked and monitored throughout this project. The field marking program shall be suitable to withstand the expected exposure elements. Quantities of material placed in the new contaminated soil staging area shall be estimated using truck counts. An effective anchoring system will be constructed using either clean material or timbers to secure the sides of both the top and bottom liners. The bottom liner will be folded over and then tucked beneath the containment structure. The top liner will then be draped across the containment structure and secured with either clean material or timbers outside of the containment cell. Sandbags, tires, or other suitable non -penetrating materials will be used at a rate of one item per each 200 square feet of surface area to secure the sides of the top cover from moving during strong winds, rain, etc. 7.0 REPORT SUBMITTAL 7.1 Field Summary Report TELLUS will provide all field and analytical laboratory results in ADEC Data Deliverable Package Format to KIB during this project. ADEC Analytical Data Review Checklists will be completed and submitted for each analytical work order performed by the contract laboratory. KIB will then forward copies of all field and laboratory results to ADEC for subsequent review and filing. A Final Project Report will be submitted to KIB and ADEC at the completion of the environmental sampling portion of this project. The report will include a narrative (discussing volume, disposition, justification, location and subsequent placement of all project soils) figures with sampling locations, field data, analytical laboratory data and a site photos section. It is understood that at the completion of the project, KIB desires to have a clear classification for all petroleum hydrocarbon impacted soils relocated during this project. 09-005cssplan Existing Soil Storage Cells at Kodiak High School. &•04164. • ",.:6,41e4,. 17 - •• " ••-s• ;,, . Existing Soil Storage CeIIs at Kodiak High School_ 1000 It I IR - Haul Route to New Soil Storage Area_ .1000 4q cy TAX CERTIFICATE 'CNN MM. 60 AOOCOMC 1041,701, W K MOOM 01/O SOMI. ILL TAMES 0 DYL MMOW 6b/M4 PM .4 TW.I�011 OI OI/O oaw n wow 00. 01.. dJC (1 1.040:1 6 Al 1< OWNERSHIP AFFIDAVIT 0*:.PEE1 O w .PE((A11E)ON wc. IM7D O( -SIE P.00Fs.ow .M0 ococ66CD E=CAWTTO 6* 1111111.e A6 U0*0*7S (01 140660 177101405. '71 1460 . FAUNS. 1606D{1CA9AR(S. 94.100031.IRJ 1Mc AAID ONFC MEM MOM 1.4190001 r r[ .00w NAND ea.", Avec _Vigo NOTARY'S ACKNOWLEDGEMENTS •Y •,< .006. Ur* SM..o-. SulOC 66m /O 01010 70 WORE OAE 0Mr Or 71.1 Is IL ..io.AU ka74i111. PLAT APPROVAL 600.w, MAO FUMING A60 4100*6 CC1065601.1 *MGM L/i(f t r AFF60MC0 Z rnh. 0091 %OS DOZE 3-ACS-St4 00.00 P.AT 6 Du' a c7"ir.0 . 4A406 ` yb-N Bodo • iai20 C-.0V0wwors/.0014.. 6 - FR K- W 09 SAS MMM CERTI=KATE OF APPROVAL BY ADEC YSIFMIIE06 0*0L 7.0 MAU. DC0JT00d1 Or OM60NESRAL CONSCAVMON . 6M.EIAE1MED RAMS FOR 895 5660. 001 045TC04TER 111F091. D 14411:14418 7401 SI/O709191 001 Pu1TI6G NAME .w6 101.E 06 QME 0,a16A D(00111•01, y EwrR0NIEN1AL COESCIIMON 004110.6.0 014014.9 1 ��a 0 x1 r� 7714 • / /2f/.` E I »m °Q'° JOIEE 66 SUR /EYORS CERTIF7CA rc .0.60 COMM' 6w A. 16000LT ALOTO60 41.0 UCH* '0 0147.CC JKE 8040.6 F ME MOT 01 ,a.601 MO 'W '16 Mu* .0618815 A 81/14014 14.OE Bi K OR 08.001 .IT MC. SNOnVO• OO Ng 1IE 10010419184100.010.11 10510 NENECN ,00 1:1151 /5 COMM WO ft, 0.06 .0 Of.Q X114.65 ME WM11CCT. NO 0090 oac •S 4, t, 6casown.. 63. J� .0 wag .Ienol76 LoNli 1111401111 VACATION: Of LOTS TIM) AND 'OWES AMO PORTIONS Or P O w ANL ELECTRICAL EASEM[67 HEREON w T.( 4.44510E S',060A054011, 2nd ADORKW. U 5 S. 7067 PER P;AT 57-76 KI TI( 6000144 PECORONG 06TRICT. SCOW, &OSSA Row To; ,or 7110-A Or 141E SAME S66DmKR0 HORIZON 0010 54.4007104 WG. 9.0 600 TNN' 4000146 ALASKA 99615 ( 907 ) 666-6506 0a TK 60DIA6 ISLAND 80140009 710 Mlle MI ROAD KOOM6. ALASKA 99615 1600 • 700' OAC 0EMIIART ISN 7990 000 R cII 7OF 5,1 t• •••.<`:- • • ,•4] 44' et. .e.f• p,:`" fi* • r • •S'-' •r• 111 Satellite Photo of New Soil Storage Area. Site Photo of New Soil Storage Area. Alaska Business. License # .Alaska Department:of Commerce; C•ottimunity; and Economic Development Division. of Corporations, Business and Professional Licensi'ing P.O. Box 110806, Juneau, Alaska 99811-0806 This is to certify that T.ELLUS LTD 2551 SUSITNA DRIVE ANCHORAGEAK 99517 owned by TELLLIS LTD is licensed by the department to conduct business for the, period October 08, 2008 through December 31, 2010 for the following line of business 54— Professional, Scientific and Technical Services! This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Emil Notti Commissioner 240835 Scott Erdmann' Professional Geologist Environmental Assessment Planning Geo -Environmental Inspection & Testing Geotechnical & Hydrological Investigations Regulatory Compliance and Permitting Waste Minimization and Pollution Prevention EDUCATION Western Washington University BS, Geology, 1985 REGISTRATION Professional Geologist No. 8084 (Alaska) PROFESSIONAL EXPERIENCE Mr. Erdmann is a licensed Professional Geologist with twenty-four years of experience in the geotechnical and environmental consulting industry. He has managed environmental projects throughout North America with extensive experience within Alaska. Related experience associated with civil construction / infrastructure projects have included performing a variety of environmental assessment and monitoring programs at numerous sites located on the North Slope, Kenai. Peninsula, rural & interior Alaska along with sites in southcentral and southeastern Alaska. Recent project experience has incorporated performing field screening / monitoring of subsurface soils along with assessment of groundwater and hydrological parameters. Generation of regulatory agency approved work plans, Sampling & Analysis plans, waste disposal plans and project closure reports have also been completed. Mr. Erdmann specializes in projects involving the assessment and investigation of impacted soil and groundwater along with regulatory compliance reviews, waste minimization and spill contingency planning. Project experience includes numerous construction projects ranging from pads and civil structures to roadways, railway and associated airfield structures (aprons, taxiways, utilidors, runways, etc.) Project tasks have included: feasibility studies for remedial action planning, management of environmental assessment programs, implementation of environmental monitoring programs, and the review and assessment of waste streams, waste generation processes, disposal practices, and right -to -know programs. Th Scott Erdmann, P.G. TELLUS, Ltd. Page 2 Resume Responsibilities associated with the acquisition of various federal, state, and municipal permits have also been performed. Material handling and spill contingency planning are additional areas of Mr. Erdmann's expertise. Associated geo-science experience includes subsurface soil investigation programs; geotechnical assessment during excavation and drilling projects; monitoring of piling installations; fill placement and compaction monitoring during construction activities; and water well abandonment programs. ADDITIONAL EDUCATION AND CERTIFICATIONS State of Alaska Department of Environmental Conservation 18 AAC 78 Qualified Personnel Listing To Perform Environmental Monitoring & Sampling, 1987 through 2009. OSHA 40 -hour Health & Safety Training for Hazardous Waste Operations, Level 13, 1986 (updated 1987 through 2008). OSHA 8 -hour Supervisor's Training Course, 1988 (updated 1989 through 2008). AFFILIATIONS Member: American Institute of Professional Geologists; C.P.G. #8084 Alaska Ground Water Association, National Water Well Association EMPLOYMENT HISTORY 1997 - Present 1992 - 1997 1991- 1992 1989 -1991 1988 -1989 1986 - 1988 1985 - 1986 6are51afle TELLUS, Limited AGRA Earth & Environmental, Inc. DOWL Engineers, Inc. Environmental Science & Engineering, Inc. America North, Inc. Woodward Clyde Consultants Northern Technical Services, Inc. March 2008 American Institute of Professional Geologists .1400 W. 122nd Ave., Suite 250, Westminster, CO 80234 - • (303) 412-6205 I. Fax (303) 253-9220 aipg@aipg.org.• www.aipg.org CERTIFIED PROFESSIONAL GEOLOGIST Scott M. Erdmann, CPG -08084 Valid through 12/31/2009 00 ra ,a John L. Bognar President A1PG 2009 AiPG 46th Annual Meeting - Grand Junction, Colorado October 3 - 7, ?009 .. .. _.....yi ...__.. • CY .a su. 14,21..0 t.uU et .. Subject: Approval By ADEC Date: 06 Jun 97 16:20:00 KDT From: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) To: tellus@ptialaska.net (Scott Erdmann) CC: CPringha@envircon.state.ak.us (Pring -Ham, Cynthia) J. Scott, this is a to confirm that Scott Erdmann's resume and qualified personnel form has been reviewed by me, Cynthia Pring -Ham, on June 6, 1997. Scott has been approved and meets the qualifications for a "qualified person" as per.l8 AAC 78. He is approved by ADEC to perform or supervise sampling at regulated underground storage tank sites in Alaska. Sampling procedures in the UST Procedures Manual dated, September 22, 1995 must be followed at the site. Scott will be placed on the ADEC ¢P approval list as soon as our database conversion is finished. This email can be used in lieu of us sending Scott a letter or a version of the updated list. Please call or email me if you have any other questions. Cynthia 1 of 1 06/07/97 10:06:44 rca ARtN` ENVtRONMENTAI: TESTING Cover Page: Document No. AK-Q-QAP, Rev. 1 Effective Date: 3/23/2009 Cover Page 1 of 1 Quality Assurance. Manual TestAmerica Anchorage 2000 W. International Airport Rd. Suite A10 Anchorage, AK 99502 Phone No. (907) 563-9200 Fax No. (907) 563-9210 www.testamericainc.com Copyright Information: This documentation has been prepared by TestAmerica Laboratories, Inc. and its affiliates ("TestAmerica°), solely for their own use and the use of their customers in evaluating their qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to retum it to TestAmerica upon request and not to reproduce, copy, lend, or otherwise disclose its contents, directly or indirectly, and not to use it for any other purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, accessto these documents shall not be given to said parties unless those parties also specifically agree to these conditions. THIS DOCUMENT CONTAINS VALUABLE CONFIDENTIAL AND PROPRIETARY INFORMATION. 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