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ATS 49 TR N-17B - ZCP 4/1/2021Kodiak Island Borough Print Form Submit by Email ' Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9363 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Permit No. The following information is to be supplied by the Applicant: Property Owner/Applicant: SU N'AQ TRIBE OF KODIAK Mailing Address: 312 W MARINE WAY, Kodiak, AK 99615 Phone Number: (907) 486-4449 Other Contact email, etc.: Chet Thompson, Marble Construction, chet@marbleconstruction.net, 907-821-8878 Legal Description: Subdv: ATS 49 TR N-17B Block: Lot: Street Address: 419 Shelikoff Street Use & Size of Existing Structures: Ocean & Dock. Total Size of Lot is .66 Acres Description of Proposed Action: Fill 1,600 CY of shot rock to make Access Road for Next Door Neighbors Dock Rehabilitation Work. Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Lot Area: /_6 a Lot Width: Front Yard: " /� Rear Yard: li""'3';;;� PROP—ID�� j -75 I Bld'g Height: Prk'g Plan Rvw? 0 ® # of Req'd Spaces: Staff Compliance Review Notes and Specific Plat / Subdivision Requirements: Side Yard: Subd Case No. Plat No. Bld'g Permit No. Does the project involve N / A an EPA defined facility? *Commercial buildings, installations (military bases), institutions (schools, hospitals) and residences with more than four (4) dwelling units. Driveway N/A Permit? Septic Plan N/A Approval: Fire N/A Marshall: Proof of EPA notification provided (if required)? N / A *Required for all demolitions, for renovations disturbing at least 160 square feet 260 linear feet or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and for renovations that remove a load -supporting structural member. No permit will be issued for such projects without proof of EPA notification Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan Date: 3-10-21 List Other: Full Engineered Stamped Drawings Signature: Chet Thompson ,/ vd 3/Ly �7 G' This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED. ** EXPIRATION. Anyzoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction permit.** CDD Staff Certification Date: j''Z4I ZI CDD Staff: Payment Verification Zoning Compliance Permit Fee Payable in Q'ashier's Office Room # 104 - Main floor of Borough Building After -the -Fact 2X the published amount Not Applicable ❑ $0.00 ❑ $0.00 Less than 1.75 acres: $30.00 ❑ $60.00 1.76 to 5.00 acres: ❑ $60.00 ❑ $120.00 5.01 to 40.00 acres: ❑ $90.00 ❑ $180.00 40.01 acres or more: ❑ $120.00 ❑ $240.00 Z . Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 A! Kodiak AK 99615 Ph. (907) 486 - 9363 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Property Owner / Applicant Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Print Form Submit by Email Permit No. C-Z-ZLy — 0-- C) The following information is to be supplied by the Applicant: SUN'AQTRIBE OF KODIAK 312 W MARINE WAY, Kodiak, AK 99615 (907) 486-4449 Trevor Sande, R&M Engineering, trevorsande@rmketchikan.com Subdv: ATS 49 TR N-17B Block: Lot: Street Address: 419 Shelikoff Street Use & Size of Existing Structures: Ocean & Dock. Total Size of Lot is .66 Acres Description of Proposed Action: Construction of new 1500 SF pre -manufactured fabric structure to house cold storage. Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current zoning: t PROP ID j Lot Area: 0 t. 0.C5z'e-S Lot Width: 7 jr Bld'g Height: Front Yard: / Rear Yard: �� Side Yard: Prk'g Plan Rvw? 1� (--- '-'-) # of Req'd Spaces: wry OAA- `{_ w`-'c'A Staff Compliance Review Notes and Specific Plat / Subdivision Requirements: Subd Case No. 'Plan k Bld'g Permit No. Does the project involve N / A an EPA defined facility? *Commercial buildings, installations (military bases), institutions (schools, hospitals) and residences with more than four (4) dwelling units. Driveway N/A Permit? Septic Plan N/A Approval: Fire N/A Marshall: Proof of EPA notification provided (if required)? N / A *Required for all demolitions, for renovations disturbing at least 160 square feet 260 linearfeet, or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and for renovations that remove a load -supporting structural member. No permit will be issued for such proiects without proof of EPA notification Applicant Certification: 1 hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that 1 have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan List Other: Full Engineered Stamped Drawings Date: 3-15-21 Signature: Trevor Sande r 3 Z, I IZI 'J This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED. ** EXPIRATION: Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction permit.** CDD Staff Certification Date: 3 I Zi ( Z ( CDD Staff. Payment Verification Zoning Compliance Permit Fee Payable in C2(shier's Office Room # 104 - Main floor of Borough Building After -the -Fact 2X the published amount Not Applicable ❑ $0.00 ❑ $0.00 Less than 1.75 acres: 0' $30.00 ❑ $60.00 1.76 to 5.00 acres: $60.00 ❑ $120.00 5.01 to 40.00 acres: n $90.00 ❑ $180.00 40.01 acres or more: 7 $120.00 $240.00 PROJECT LOCATION: 57'47'12.37"N, 152'24'56.06"W T 27S, R 19W, SEC 31, SM POA-1977-00242-M2 x ta� •Tx xV Kni -1 INNER HARBOR PROPOSED FILL PROJECT LOCATION SUN'AQ DOCK EXPANSION POA-1977-00242-M2 SITE MAP APPLICANT: AGENT: SUN'AO TRIBE R&M ENGINEERING—KETCHIKAN 312 W. MARINE DR. 7180 REVILLA ROAD KODIAK, AK 99615 KETCHIKAN, AK 99901 DATE: 4/21/20 LOCATION: KODIAK, ALASKA SHEET: 2 of 6 WATER BODY: INNER HARBOR POA-1977-00242-M2 E (STING SEAWALL / HIGH TIDE/MEAN HIGH WATER LINE ELEV. =10.71ELEV.=7.6 EDGE OF EXISTING BUILDING MEAN LOW LOWER WATER LINE ELEV. = 0.0 NEW COLD STORAGE BLDGt�VTR.ACT22 POA-1977-00242-M2 \SHOT ROCK FILL . ,PHASE 1: EXISTING POA-1977-00242-M2 10'WIDEWOOD DOCK TO BE REPAIRED M2A-1977-00242— PHASE II: CONCRETE DOCK POA r �I rr�� �� .. • •: •y= 1977-00242 M1 NEW MULTI —USE woo O BUILDING POA 1977-00242-M1 . / NEW CONCRETE BLOCK WALL POA-1977-00242-M2 50.;�UM. GANGWAY POA-1977 00242-M 1 7 EDGE OF EXISTING BUILDING 5>►�� EXIST PILES 5 NEW WOOD FLOAT EDGE OF EXISTING POA-1977-00242— DOCK MI / t9 SUN'AQ DOCK EXPANSION PROPOSED SITE PLAN APPLICANT: AGENT: SUN'AQ TRIBE R&M ENGINEERING—KETCHIKAN 312 W. MARINE DR. 7180 REVILLA ROAD, SUITE 300 KODIAK, AK 99615 KETCHIKAN, AK 99901 SCALE 1 "= 5 0' DATE: 4/21 /20 LOCATION: KODIAK, ALASKA SHEET: 4 OF 6 WATER BODY: INNER HARBOR POA-1977-00242-M2 EXISTING WOOD PILING TO BE REMOVED POA-1977-00242—Ml EDGE OF EXISTING CONCRETE RETAINING WALL TO REMAIN TRACT N-20 B HIGH TIDE/MEAN HIGH WATER LINE ELEV.=10.7/ELEV =7.6 ,—MEAN LOW LOWER WATER LINE �/ ELEV.=0.0 / —EDGE OF EXIST BUILDING 0-- TRACT N-22 9�� th cis �Z s F �w , / \ ' EXISTING DOCK *� f - TO REMAIN yo qo EDGE OF EXIST s °� BUILDING EXIST PILES TO REMAIN o,Q SCALE 1 "=50' EDGE OF EXIST _ BUILDING TO BE REMOVED POA- 1977-00242—M1 -EDGE OF EXIST WOOD DOCK & PILING TO BE REPAIRED PQA-1977-00242—M2 EDGE OF EXIST CONCRETE DOCK & PILING TO BE REMOVED POA- 1977-00242—Ml SUN"AQ DOCK EXPANSION1 DEMOLITION PLAN APPLICANT: AGENT: SUN'AO TRIBE R&M ENGINEERING—KETCHIKAN 312 W. MARINE DR. 7180 REVILLA ROAD KODIAK, AK 99615 KETCHIKAN, AK 99901 DATE: 4/21/20 LOCATION: KODIAK, ALASKA SHEET: 3 of 6 WATER BODY: INNER HARBOR POA-1977-00242-M2 SCALE 1 "=50' HIGH TIDE/MEAN HIGH WATER LINE ELEV.=10.7/ELEV. =7.6 EDGE OF EXISTING BUILDING MEAN LOW LOWER WATER LINE ELEV. = 0.0 -WOOD FENDER PILING 1 POA-1977-00242-M 1 IIVVV I LV/'t/ POA-1977-00242-M 1 EDGE OF EXISTINtr BUILDING POA-1977-00242-M2 m PROPOSED COLD STORAGE BUILDING [NEW MULTI -USE BUILDING 30 x40' POA-1977-00242-M 1 POA-1977-00242-M2 CONCRETE PANELS 50' GANGWAY & WOOD FLOAT __-- ____- ON STEEL PILES POA-1977-00242-M 1 & PILE CAPS POA-1977-00242-M 1 EXISTING CONC. RETAINING WALL 0' 7.5'15' 40' SCALE" 1 "=30' PROPOSED SHOT ROCK EMBANKMENT POA-1977-00242-M2 SECTION A -A NEW MULTI -USE BLDG POA-1977-00242-M1 - -- ---- --_ EXISTING WOOD DOCK TO REMAIN _"�",` 7 EXISTING BASIN) HTL= 10.7 - MHW= 7.6 / �MLLW_0 EXISTING BASIN 12" DIA. STEEL PILE POA-1977-00242-M 1 PROPOSED CONCRETE BLOCK WALL POA-1977-00242-M2 BUILDING EXSTING CONC. RETAINING WALL HTL=10.7 MHW= 7.6 - - MLLW=O PROPOSED SHOT ROCK EMBANKMENT POA-1977-00242-M2 i-PROPOSED CONCRETE BLOCK WALL POA-1977-00242-M2 SECTION B-B SUN'AQ DOCK EXPANSION' SECTIONS 0' S' 10' 20' APPLICANT: AGENT: SCALE" 1 "=20' SUN'AQ TRIBE R&M ENGINEERING-KETCHIKAN 312 W. MARINE DR. 7180 REVILLA ROAD KODIAK, AK 99615 KETCHIKAN, AK 99901 DATE: 4-21-20 LOCATION: KODIAK, ALASKA SHEET: 6 of 6 WATER BODY: INNER HARBOR POA-1 977-1010242-M2 THESTATE fMLA KA GOV'ERNO MIKE; DUNLEAVY June 1, 2020 Sun'aq Tribe of Kodiak Attn: Dave Kaplan 312 West Marine Way Kodiak, AK, 99615 Re Sun'aq Tribe of Kodiak, Inner Harbor Dock expansion POA-1977-242-M2, Chiniak Bay Dear Mr. Kaplan: Department of Environmental Conservation tyyVISION OF WATER ssttwawr ilisctazrge Authuritatioit Program 5.55 Cordova streef Anchorage, Alaska Main, 907.269 62-85 y Fax- 907y 134�,,2415 In accordance with Section 401 of the Federal Clean Water Act of 1977 and provisions of the Alaska Water Quality Standards, the Department of Environmental Conservation (DEC) is issuing the enclosed Certificate of Reasonable- Assurance for placement of dredged and/or fill material in waters of the U.S., including wetlands and streams, associated with the Inner Harbor dock expansion, in Kodiak, Alaska. DEC regulations provide that any person who disagrees with this decision may request an informal. review by the Division Director in accordance with 18 AAC 15.185 or an adjudicatory hearing in accordance with 18 AAC 15.195 —18 AAC 15.340. An informal reviewrequest must be delivered to the Director, Division of Water, 555 Cordova Street, Anchorage, AK 99501, within 20 days of the permit decision. Visit http://dec.alaska.gov/cotnmish/reviewZgdancel for information on Administrative Appeals of Department decisions, An adjudicatory hearing request must be delivered to the Commissioner of the Department of Environmental Conservation, PO Box It 1800, Juneau, AK 99811-1800; Location: 410 Willoughby Avenue, Suite 303, Juneau within 30 days of the permit decision. If a hearing is not requested within 30 days, the right to appeal is waived. By copy of this letter we are advising the U.S. Army Corps of Engineers of our actions and enclosing a copy of the certification for their use. Sincerely, James Rypkema Program. Manager, Storm Water and Wetlands Enclosure: 401 Certificate of Reasonable Assurance cc: (with encl.) Megan Marie, .ADF&G Benjamin Polley, USACE, Anchorage USFWS Field Office, Anchorage Trevor Sande, R&M Eng.-Ketchikan, Inc. Matt LaCroix, ,EPA, AK Operations STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CERTIFICATE OF REASONABLE ASSURANCE 1n accordance with Section 401 of the Federal. Clean Water Act (CWA) and the Alaska Water Quality Standards (18 AAC 70), a Certificate of Reasonable Assurance, is issued to Sun'aq Tribe of Kodiak, (Attu: Dave Kaplan), 312 West Marine Way, Kodiak, AK, 99615, for placement of dredged and/or fill material in waters of the U.S. including wetlands and streams associated with the Inner Harbor dock expansion, in Kodiak, Alaska.. The applicant's stated purpose is "for moorage of small boats thatare used for commercial activities associated with the custom processing building Wildsouree as well as future businesses that will occupy the new multi -use structure. The harbor will also continue to accommodate recreational boaters as well as water taxi and tour operators. The shot rock fill will house a 30 feet x 40 feet metal building for a cold storage to facilitate the custom smoker already on site. 17he future multi -purpose building will house a combination of tribal activities". The applicant requests authorization for the following work in and over Chiniak Bay (Inner Harbor), which is a navigable water of the U.S: 1. Discharge 4,622 cubic yards of shot rock and 250 cubic yards of concrete into an 8,022-square foot area below the High Tide Linc (HTI.,10.7 feet above the 0.00-foot Mean Lower Low Water (MLLW) contour) to construct a solid fill dock and seawall. The seawall would be 212 linear feet and have an average height of 16 feet. 2. Repair 1,600 square feet of an existing, wooden dock extending beyond the Mean High Water Mark (MHWM, 7.6 feet above the MLI.W). A. state issued water quality certification is required under Section 401 because the proposed activity will be authorized by a US. Army Corps of Engineers permit (pOA-1977-242-M2) and a discharge of pollutants to waters of the U.S. located in the State of Alaska may result from the proposed activity: Public notice of the application for this certification was given as required by 18,AAC 15.180 in the Corps public Notice POA-1977-242-M2 posted from May 8,2020 to May 26, 2020, The proposed activity is located within Section 31, T. 27 S., R.19 W., Seward Meridian.; USGS Quad Map Kodiak D-2; Latitude 57.786492° N., Longitude 152.415310' W. Alaska Tideland Survey 49, Tract N17B; 419 Shelikof Street, in Kodiak, Alaska. The Department of Environmental Conservation (DEC) reviewed the application and certifies that there is reasonable assurance that the proposed activity, as well as any discharge which may result, will comply with applicable provisions of Section 401 of the CWA and the Alaska Water Quality Standards, 18 AAC 70, provided that the following additional measures are adhered to. 1. Reasonable precautions and controls must be used to prevent incidental and accidental discharge of petroleum products or other hazardous substances. Duel storage and handling activities for equipment must be sited and conducted so there is no petroleum contamination of the ground, subsurface, or surface waterbodies. 2. During construction, spill response equipment and supplies such as sorbent pads shall be available and used immediately to contain and cleanup oil, fuel, hydraulic fluid, antifreeze, or other pollutant spills. Any spill amount must be reported in accordance with Discharge Notification and Reporting Requirements (AS 46.03.755 and 18 AAC 75 Article 3). The applicant must contact by telephone the DEC Area Response Team for Central Alaska at (907) 269-3063, during work hours or 1-800-478-9300 after hours. Also, the applicant must contact by telephone the National Response Center at 1-800-424-8802. 3. Runoff discharged to surface water (including wetlands) from a construction site disturbing one or more acres must be covered under Alaska's General Permit for Storm Water Discharges from Large and Small Construction Activities in Alaska (AKRI 00000). This permit requires a Storm Water Pollution Prevention Plan (.SWPPP). For projects that disturb more than five acres, this SWPPP must also be submitted to DEC (William Ashton, 907-269-6283) prior to construction. 4. During the work on the culverts and bridges, construction equipment shall not be operated below the ordinary high water mark if equipment is leaking fuel, oil, hydraulic fluid, or any other hazardous material. Equipment shall be inspected and recorded in a log on a daily basis for leaks. If leaks are found, the equipment shall not be used and pulled from service until the leak is repaired. 5. All work areas, material access routes, and surrounding wetlands involved in the construction project shall be clearly delineated and marked in such a way that equipment operators do not operate outside of the marked -areas. 6. Natural drainage patterns shall be maintained, to the extent practicable, without introducing ponding or drying. 7. Excavated or 611 material, including overburden, shall be placed so that it is stable, meaning after placement the material does not show signs of excessive erosion. Indicators of excess erosion include: gullying, head cutting, caving, block slippage, material sloughing, etc. The. material must be contained with siltation best management practices (BMPs) to preclude reentry into any waters of the U.S., which includes wetlands. 8. Include the following BMPs to handle storm water and total storm water volume discharges as they apply to the site: a. Divert storm water from off -site around the site so that it does not flow onto the project site and cause erosion of exposed Soils; b. Slow down or contain storm water that may collect and concentrate within a site and cause erosion of exposed soils; c. Place velocity dissipation devices (e.g., check dams, sediment traps, or riprap) along the length of any conveyance channel to provide a non -erosive flow velocity. Also place velocity dissipation devices where discharges from the conveyance, channel or structure join a water course to prevent erosion and to protect the channel embankment, outlet, adjacent stream bank slopes, and downstream waters. � of 3 9. The permittee must stabilize any dredged material (temporarily or permanently) stored on upland property to prevent erosion and subsequent sedimentation into jurisdictional waters of the United States. The material must be contained with siltation control measures to preclude reentry into anv waters of the U.S,, including wetlands. 10, Fill material (including dredge material) must be clean sand, gravel or rock, free from petroleum products and toxic contaminants in toxic amounts. 11. Any disturbed ground and exposed soil not covered with fill must be stabilized and re -vegetated with endemic species, grasses, or other suitable vegetation in an appropriate manner to minimize erosion and sedimentation, so that a durable vegetative cover is established in. a timely manner. 12. DEC reserves the right to modify, amend, or revoke this certification if DEC determines that, due to changes in relevant circumstances — including without limitation, changes in project activities, the characteristics of the receiving water bodies, or state water quality standards (WQS) — there is no longer reasonable assurance of compliance with WQS or other appropriate requirements of state law. 13. This certification expires five (5) yearn after the date the certification is signed. If your project is not completed by then and work under U.S. Army Corps of Engineers Permit will continue, you must submit an application for renewal of this certification no later than 30 days before the expiration date (1 S AAC 15.100). Date, tune 1, 20211 AJI A►'.1:'e /" James Rypkema, Program Manager Storm Water and Wetlands NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Sun'aq Tribe of Kodiak File Number: POA-1977-00242-M2 Date: 6/18/2020 Attached is: See Section below X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littLi:Hw"-w.iisace.army.niiI/CECW/Pages/reg materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pen -nit under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental infonmation that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Ben Polley, RS Regulatory Program Manager Alaska District Corps of Engineers U.S. Army Corps of Engineers, Pacific Ocean Division Kenai Regulatory Field Office (CEPOA-RD-S-K) CEPOD-PDC, Bldg 525 44669 Sterling Highway, Suite B Fort Shafter, HI 96858-5440 Soldotna, Alaska 99669-7915 (907)753-2627 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: POA-1977-00242-M2 Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Full Name of Permittee (printed or typed) Date Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. Jeannine Marsh Tribal Administrator Sun'aq Tribe of Kodiak (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. FOR (DISTRICT COMMANDER) Colonel Phillip J. Borders Benjamin Soiseth South Branch, Regulatory Division (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions have the transferee sign and date below. (TRANSFEREE) (DATE) ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) -4- 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a revaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) -3- 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S. 2. You must install and maintain, at your expense, any safety lights and signals prescribed by the United States Coast Guard (USCG), through regulations or otherwise, on your authorized facilities. The USCG may be reached at the following address and telephone number: Commander (dpw), 17th Coast Guard District, Post Office Box 25517, Juneau, Alaska 99802; or by telephone at (907) 463-2272. 3. The permittee understands and agrees that, if future operations by the U.S. require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration. 4. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form and submit it to the Corps (U.S. Army Corps of Engineers, Regulatory Division, Kenai Field Office (44669 Sterling Highway, Suite B, Soldotna, AK 99669). In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self -Certification Statement of Compliance" form. The description of any deviations on the "Self -Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413). ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) -2- DEPARTMENT OF THE ARMY PERMIT Permittee: Sun'ag Tribe of Kodiak Permit No.: POA-1977-00242-M2 Issuing Office: U.S. Army Engineer District, Alaska NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: to perform the following work in and over Chiniak Bay (Inner Harbor), which is a navigable water of the United States (U.S.): 1. Discharge 4,622 cubic yards of shot rock and 250 cubic yards of concrete into an 8,022-square foot area below the High Tide Line (HTL, 10.7 feet above the 0.00-foot Mean Lower Low Water (MLLW) contour) to construct a solid fill dock and seawall. The seawall will be 212 linear feet and have an average height of 16 feet. 2. Repair 1,600 square feet of an existing, wooden dock extending beyond the Mean High Water Mark (MHWM, 7.6 feet above the MLLW). All discharges of fill material will occur at low tide. All work will be performed in accordance with the attached plan, sheets 1-6, dated April 21, 2020. Project Location: The project site is located within Section 31, T. 27 S., R. 19 W., Seward Meridian; USGS Quad Map Kodiak D-2; Latitude 57.7864920 N., Longitude 152.4153100 W.; Alaska Tideland Survey 49, Tract N17B; 419 Shelikof Street, in Kodiak, Alaska. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on June 30, 2025. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A)) - 1 - -2- Please contact Mr. Ben Polley via email at Benjamin. L.Polley@usace.army.mil, by mail at the address above, or by phone at (907) 753-2627 if you have questions or to request a hard copy of this letter and enclosures. For more information about the Regulatory Program, please visit our website at.- www.poa.usace.army.mil/Missions/Regulatory. Sincerely, hjamin Soiseth ief, Southeast Section Enclosures CC: Mr. David Kaplan dkaplan@sunaq.org Mr. Trevor Sande trevorsande@rmketchikan.com DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, ALASKA DISTRICT REGULATORY DIVISION 44669 STERLING HIGHWAY, SUITE B SOLDOTNA, AK 99669 June 11, 2020 Regulatory Division POA-1977-00242-M2 Sun'aq Tribe of Kodiak Attention: Ms. Jeannine Marsh CEO/Tribal Administrator 312 Marine Way Kodiak, Alaska 99615 Dear Ms. Marsh: Enclosed is an unsigned copy of Department of the Army permit POA-1977-00242-M2, Chiniak Bay (Inner Harbor) which authorizes the discharge of fill material and the repair of an existing dock in navigable waters of the United States (U.S.). The project site is located within Section 31, T. 27 S., R. 19 W., Seward Meridian; USGS Quad Map Kodiak D-2; Latitude 57.786492' N., Longitude 152.4153100 W.; Alaska Tideland Survey 49, Tract N17B; 419 Shelikof Street, in Kodiak, Alaska. The Alaska Department of Environmental Conservation has issued a Certificate of Reasonable Assurance pursuant to Section 401 of the Clean Water Act for your project and found it to be in accordance with the Alaska Water Quality Standards. This certification is attached to the Department of the Army permit and will become a part of this permit when it is finalized. Additionally, we have enclosed a Notification of Administrative Appeal Options and Process and Request for Appeal form regarding this Department of the Army Permit (see section labeled "Initial Proffered Permit"). If you accept the conditions of the enclosed permit, please sign and date the permit and return it to us. Your check or money order should be made payable to FAO, USACE, Alaska District. The permit will not be valid until we have returned a finalized copy to you. This is not an authorization to commence construction. No unauthorized work is to be performed in Chiniak Bay until you have received a validated copy of the permit. Nothing in this letter shall be construed as excusing you from compliance with other Federal, State, or local statutes, ordinances, or regulations which may affect this work.