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2011-10-20 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 20, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting of October 6, 2011. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Longevity Award C. Coast Guard Appreciation Proclamation D. Southern Region EMS Council Special Presentation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pace 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2005 -09B Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. B. Resolutions 1. Resolution No. FY2012 -12 Ratifying and Certifying the Results of the Municipal Election Held October 4, 2011. C. Ordinances for Introduction 1. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Buildings Chapter 15.10 Building Codes By Adding Section 15.10.180 Poly- Tunnels and Title 17 Zoning By Amending Sections 17.60.020, 17.70.020, 17.75.020, 17.80.020, and 17.85.020 to Include Poly- Tunnels and /or Hoophouses. D. Other Items 1. *Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50 -Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). 2. Administer Oath of Office to Newly Elected Officials. 3. Presentation to Outgoing Assembly Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Kodiak Workforce Regional Advisory Council Regular Meeting of April 20, 2011. 2. Parks and Recreation Committee Regular Meeting of July 26, 2011. 3. Planning and Zoning Commission Regular Meeting of August 17, 2011. B. Reports 1. Kodiak Island Borough School Board of Education Regular Meeting Summary of September 26, 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH • Assembly Regular Meeting October 6, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 6, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sargent Major David Blacketer of the Salvation Army. Deputy Presiding Officer Friend led the Pledge of Allegiance. Present were Deputy Presiding Officer Friend, Assembly members Carol Austerman, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. STUTES moved to excuse Mayor Selby who was attending the Western Interstate Region Conference and Assembly members Jeffrey and Fulp who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Regular Meetings of September 1 and September 15, 2011, and the Special Meeting of September 19, 2011 were approved under the consent agenda. AWARDS AND PRESENTATIONS Deputy Presiding Officer Friend proclaimed the month of October as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. Assembly member Stutes proclaimed October 2011 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Assembly member Kaplan proclaimed the month of October 2011 as Fire Prevention Month and urged all the people of the Kodiak Island Borough to protect their homes and families by heeding the important safety messages, and to support the many public safety activities and efforts of the Kodiak Island Borough fire and emergency services. Kodiak Island Borough Assembly Minutes October 6, 2011 Alaska Fire Marshall Dave Tyler presented the State of Alaska Firefighter of the Year Award to Bayside Firefighter Jim Pickett. Assembly member Austerman presented a Certificate of Achievement Award to Christopher Kavanaugh in recognition of his win of four powerlifting medals, including a gold medal in the squat competition, as a member of Team USA, at the Special Olympics World Summer Games 2011 in Athens, Greece. CITIZENS' COMMENTS Mel Stephens spoke against authorizing the salary placement of the new hire for the Solid Waste Manager /Environmental Specialist at Range 23, Step H and suggested implementing a Borough - wide hiring freeze. COMMITTEE REPORTS Assembly member Stutes reported on the SWAMC Board retreat held in Anchorage on September 22 -24. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Status report from Federal Lobbyist Brad Gilman. • Project status update from Engineering /Facilities Project Office. • Sessions attended at the International City /County Managers Association in Milwaukee, Wisconsin. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2011 -08A Amending the Composition of the Project Advisory Committee (PAC). AUSTERMAN moved to adopt Resolution No. FY2011 -08A. The original resolution was amended to reduce the number of members of the committee in an effort to guarantee that there would be a quorum at each of the meetings. Past meetings were cancelled due to a lack of a quorum. Two of the original members resigned causing issues in establishing a Kodiak Island Borough Assembly Minutes October 6, 2011 quorum and a third member could not serve because they were not a registered voter. Cancelled meetings slowed momentum on a project where momentum was important. With the elimination of three seats, this committee would retain ten members. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Kaplan, Lynch, and Stutes. Ordinances for Introduction 1. Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. KAPLAN moved to adopt Ordinance No. FY2012 -09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Per KIBC 2.100.180, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards and commissions reflected in the ordinance would be affirmatively reestablished or continued by the Assembly after a public hearing was held. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stutes, and Austerman. Other Items 1. Hiring for the Position of Solid Waste Manager /Environmental Specialist at Range 23, Step H. STUTES moved to authorize the salary placement of Solid Waste Manager /Environmental Specialist new hire at Salary Range 23, Step H. On July 7, 2010, the position of Solid Waste Manager /Environmental Specialist became vacant. After advertising nationally, reviewing applications, and interviewing, the review panel selected a candidate for the position. A background check was completed and the candidate was invited to Kodiak for a face to face interview and tour of the landfill and community. The candidate's response to the position and the community was very positive. The candidate offered to accept the position at a Salary Range 23 Step H. According to Section 409 "Entrance Wage Rate" of the Kodiak Island Borough Personnel Manual, "the Department Head, subject to managerial approval, may place a new employee above the start rate, when such placement was a result of the new employee's directly applicable work experience and credentials. Assembly approval was required for any starting placement above Step C." Staff recommended the hiring of an applicant who mets the requirements of the position of Solid Waste Manager /Environmental Specialist. The applicant's credentials were complete, and his work history demonstrated 22 years of experience in municipal solid waste and recycling program management, which qualified him to fulfill the requirements necessary to perform the essential duties and responsibilities of the position. His experience in the recycling program development were especially valuable in moving the Kodiak system forward. He and his spouse spoke to several Kodiak residents while researching the community, and both were excited about the possibility of relocating. Kodiak Island Borough Assembly Minutes October 6, 2011 • Based on the qualifications and work experience of this applicant, the 22 years of management experience in the field, and the Borough's diligent effort to hire the best qualified person for this position, staff recommended this applicant be hired at Range 23, Step H of the salary scale. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, and Friend. CITIZENS' COMMENT None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes, Austerman, Kaplan, Lynch, and Friend congratulated award recipients and specifically recognized Jim Pickett for his firefighting services to the Kodiak community. Assembly member Kaplan thanked the Clerk's Office staff and election volunteers for their hard work and service during the 2011 election season. Announcements Deputy Presiding Officer Friend announced that the next Assembly work session would be held on Thursday, October 13, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, October 20, 2011, at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Borough Clerk's Performance Evaluation. AUSTERMAN moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, and Kaplan. Deputy Presiding Officer Friend recessed the regular meeting and convened the executive session at 8:20 p.m. Upon returning from the executive session, Deputy Presiding Officer Friend reconvened the regular meeting at 8:35 p.m. LYNCH moved to increase the Clerk's Salary to Range 24, Step M retroactive to her anniversary date. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes October 6, 2011 2. Borough Manager's Performance Evaluation. LYNCH moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Austerman, Friend, Kaplan, Lynch, and Stutes. Deputy Presiding Officer Friend recessed the regular meeting and convened the executive session at 8:37 p.m. Upon returning from the executive session, Deputy Presiding Officer reconvened the regular meeting at 9:20 p.m. LYNCH moved to increase the Manager's salary by $5,000 retroactive to the date of his contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stutes, and Austerman. ADJOURNMENT LYNCH moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, and Friend. The meeting was adjourned at 9:25 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes October 6, 2011 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code Of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees and Commissions. SUMMARY: 2.100.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. B. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. The extent to which a board, committee, commission or program has operated in the public interest; 2. The extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. The extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. The extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. The efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. Members of the different boards listed in the ordinance were informed by email about the public hearing. APPROVAL FOR AGENDA: & e .a RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -09. Introduced by: Borough Assembly Requested by: Borough Clerk 1 Drafted by: Borough Clerk 2 Introduced: 10/06/2011 Public Hearing: 10/20/2011 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -09 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS 10 ESTABLISHED IN THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 11 TITLE 2 ADMINISTRATION AND PERSONNEL 12 CHAPTER 2.100 BOARDS, COMMITTEES AND COMMISSIONS 13 14 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 15 2.100 of the Kodiak Island Borough Code of Ordinances, with the exception of those 16 mandated by law, shall terminate by operation of law every three years, unless affirmatively 17 re- established or continued by the Assembly; and 18 19 WHEREAS, the Assembly shall hold a public hearing to receive testimony on the need for 20 the continued existence of the board, committee, or commission from the general public and 21 members of the board, committee, or commission. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH THAT: 25 26 Section 1: This ordinance is of a general and permanent nature and shall become a part 27 of the Kodiak Island Borough Code of Ordinances; 28 29 Section 2: The following boards, committees, and commissions are hereby affirmatively 30 reestablished in the Kodiak Island Borough Code of Ordinances effective midnight 31 December 31, 2011: 32 Chapter 2.15 Personnel Advisory Board 33 Chapter 2.110 Emergency Services Council 34 Chapter 2.115 Kodiak Economic Development Commission 35 Chapter 2.120 Parks and Recreation Committee 36 Chapter 2.125 Architectural /Engineering Review Board 37 Chapter 2.145 Solid Waste Advisory Board 38 Chapter 2.150 Fisheries and Oceanic Research Board 39 Chapter 2.155 Kodiak Workforce Regional Advisory Council 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS DAY OF 2011 43 44 KODIAK ISLAND BOROUGH 45 46 47 48 ATTEST: Jerome M. Selby, Borough Mayor 49 50 51 52 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -09 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2005 -09B Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. SUMMARY: This action would approve Amendment #B of the Manager's Contract between the Kodiak Island Borough and Manager Rick Gifford. This increases the maximum accrual limit for annual leave from 60 working days (480 hours) to match the limit for regular Kodiak Island Borough employees at 75 working days (600 hours). The amendment would also allow the Manager to cash in annual leave for up to 80 hours for any annual leave in excess of 80 hours. The cash in of annual leave is permitted once in a calendar year. The amendment for cashing in of annual leave also matches what the regular Kodiak Island Borough employees are allowed. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: k d RECOMMENDED MOTION: Move to adopt Contract No. FY2005 -09B. CONTRACT NO. 2005 -09 AMENDMENT NO. B AMENDMENT NO. 2, to the EMPLOYMENT CONTRACT between the Kodiak Island Borough and Rick L. Gifford, dated April 21, 2005, follows: WHEREAS, the KODIAK ISLAND BOROUGH with offices at Kodiak, Alaska, hereinafter called "Borough," and RICK L. GIFFORD who resides at Kodiak, Alaska, hereinafter called "Manager," entered into an EMPLOYMENT CONTRACT for services as the Borough Manager of the Kodiak Island Borough on April 21, 2005; and WHEREAS, the continuation of the existing EMPLOYMENT CONTRACT is desirous to both the Borough and Manager; NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the EMPLOYMENT CONTRACT as follows: Section 3.D is deleted and replaced with the following: Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided in advance upon the start date of this contract and each anniversary date for the life of the contract. Annual leave can be accrued from year to year with a maximum accrual limit of sixty (40) seventy -five (75) working days (480 600 hours); however, Manager must take at least eighty (80) hours of leave annually. Annual leave use of more than five (5) days shall be noticed to the assembly at least two (2) weeks in advance, except in an emergency. Manager shall be permitted to cash in up to 80 hours of annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the event of a serious e m ergegcy t mapager may cash out any accrued leave in excess of 80 h 1 ,� '�retroa tive j , , / •) f A r/ A , Of lXif . he ab. a amendment is effective retroa tive to May 24, 2 11. I l f / )A v Q EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the AGREEMENT dated April 21, 2005 as amended by Amendment #1 remain in force and effect. KODIAK ISLAND BROUGH (BOROUGH) BOROUGH MANAGER (MANAGER) Jerrol Friend Rick L. Gifford Deputy Presiding Officer Borough Manager Date: Date: ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2012 -12 Ratifying and Certifying the Results of the Municipal Election Held October 4, 2011. SUMMARY: The Election Canvass Board is meeting on October 11 and 12 to canvass the 2011 municipal election. Since canvassing is not going to be finalized by the time packets become available to the Assembly and the public, Resolution No. FY2012 -02 will be emailed and /or provided before the regular meeting. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: %/ / RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -12. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Buildings Chapter 15.10 Building Codes By Adding Section 15.10.180 Poly - Tunnels and Title 17 Zoning By Amending Sections 17.60.020, 17.70.020, 17.75.020, and 17.85.020 to Include Poly- Tunnels and /or Hoophouses. SUMMARY: There has been an increased use of Poly - Tunnels /Hoophouses nationwide, and in Kodiak, as a practical and inexpensive means of growing fruits and vegetables. There is a need to institute processes and propose exemptions in the Borough code which addresses building codes and zoning compliance for Poly - Tunnels /Hoophouses. The proposed ordinance will be sent to the Borough Attorney for legal review and a corrected version will be provided to the Assembly. One specific change would be including the definition of Poly - Tunnels /Hoophouses in the code. This ordinance will amend Title 15 Buildings and Construction Buildings and Title 17 Zoning. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA L !i�'`� "` RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -10 in first reading to advance to public hearing on November 3, 2011. Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Assembly Member Lynch 1 Introduced: 10/20/2011 Public Hearing: 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -10 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 10 BUILDINGS AND CONSTRUCTION BUILDINGS CHAPTER 15.10 BUILDING CODES 11 BY ADDING SECTION 15.10.180 POLY - TUNNELS AND TITLE 17 ZONING BY 12 AMENDING SECTIONS 17.60.020, 17.70.020, 17.75.020, 17.80.020, AND 17.85.020 TO 13 INCLUDE POLY - TUNNELS AND /OR HOOPHOUSES 14 15 WHEREAS, there has been an increased use of poly - tunnels (hoophouses) nationwide 16 and, in Kodiak, as a practical and inexpensive means of growing fruits and vegetables; 17 and 18 19 WHEREAS, the Kodiak Island Borough does not specifically address building permits 20 and zoning compliance for poly - tunnels; and 21 22 WHEREAS, the Kodiak Island Borough proposes an exemption from the building permit 23 and zoning compliance processes and the exemption would: 24 1) apply to all non - retail poly - tunnels, either those utilized by home gardeners, 25 commercial farmers, farm markets, or residential homeowners, and it applies 26 uniformly throughout the Kodiak Island Borough; and 27 2) growers will not be burdened with the permit requirements of the building and 28 construction code and the attendant fees such as site plans signed and sealed by 29 a licensed architect or engineer, building subcode permit fees, etc.; and 30 3) the exemption will greatly enable gardeners to grow vegetables, fruits, and other 31 specialty crops in our challenging climate at times of the year in which it would 32 otherwise be impossible. Growers who sell or utilize their poly - tunnel produce 33 locally benefit from the extra income, improved nutrition and the community 34 benefits from the availability of fresh, locally grown food; and 35 36 WHEREAS, the definition is established for `Temporary Growing Structures." It is 37 defined as a structure that has the sides and roof covered with flexible plastic material, 38 such as polyethylene or polyvinyl, and is used to provide plants with frost protection or 39 increased heat; and 40 41 WHEREAS, temporary growing structures that are solely used for commercial 42 production of horticultural plants are exempt from the requirements of the State Building 43 Code. The structures continue to be subject to requirements adopted by local jurisdictions, 44 including local zoning and building setbacks; and 45 46 WHEREAS, such structures are not "buildings" in the traditional sense, they are not 47 expected to be lasting permanent structures, and the cost of the engineering designs and 48 constructing to such standards was unnecessary and made them economically infeasible 49 for nursery operators. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 52 BOROUGH THAT: Kodiak Island Borough Ordinance No. FY2012 -10 Page 1 of 5 53 54 Section 1: This ordinance is of a general and permanent nature and shall become a 55 part of the Kodiak Island Borough Code of Ordinances; and 56 57 Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes of the 58 Kodiak Island Borough Code of Ordinances is amended by adding Section 15.10.180 59 Poly - tunnels as follows: 60 61 Chapter 15.10 62 Building Codes 63 64 Sections: 65 15.10.010 Adoption of building and other codes. 66 15.10.020 Repealed. 67 15.10.030 Copies on file for sale. 68 15.10.040 Repealed. 69 15.10.050 Remote area exemption. 70 15.10.060 Plan check and approval. 71 15.10.070 Repealed. 72 15.10.080 Uniform Building Code Section 2305 amended. 73 15.10.090 Uniform Building Code Appendix Chapter 33 amended. 74 15.10.100 Sanitation facilities. 75 15.10.110 Building permit fees. 76 15.10.120 Temporary structures. 77 15.10.130 Roof snow load. 78 15.10.140 Repealed. 79 15.10.150 Repealed. 80 15.10.160 Footings — General 81 15.10.170 Certificate of occupancy. 82 15.10.180 Poly- tunnels and /or hoophouses. 83 84 15.10.180 Poly- tunnels. 85 A. A poly - tunnel, also called a "hoophouse" or "high tunnel ", used exclusively for 86 the production or storage of live plants, shall be exempt from the permit 87 requirements of the Kodiak Island Borough and Construction Code if it meets the 88 following criteria: 89 1. There is no permanent anchoring system or foundation; 90 2. There is no storage, temporary or otherwise, of solvents, fertilizers, gases, 91 or other chemicals or flammable materials. 92 3. The structure is no wider than 31 feet and there is an unobstructed path of 93 no greater length than 150 feet from any point to a door or fully accessible 94 wall area; 95 4. The covering of the structure is of a flexible polyethylene material no 96 greater than ten mils in thickness; 97 5. The support structure of the poly - tunnel is made of non - combustible 98 materials, e.g. metal or plastic; and 99 6. The structure is not utilized for retail sales. 100 101 Section 3: Title 17 Zoning Chapter 17.60 RR2 -Rural Residential Two District Section 102 17.60.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 103 as follows: 104 Kodiak Island Borough Ordinance No. FY2012 -10 Page 2 of 5 105 Chapter 17.60 106 RR2 — Rural Residential Two District 107 108 17.60.020 Permitted uses. 109 The following land uses and activities are permitted in the rural residential two district: 110 A. Accessory buildings; 111 B. Agricultural buildings and activities; 112 C. Churches; 113 D. Fishing activities when an owner - occupied dwelling is present on the premises; 114 E. Greenhouses; 115 F. Home occupations; 116 G. Horticultural buildings and activities; 117 H. Single- family dwellings; 118 I. Vacation homes; and 119 J. Bed and breakfasts; and 120 K. Poly- tunnels and /or hoophouses. 121 122 Section 4: Title 17 Zoning Chapter 17.70 RR1 -Rural Residential One District Section 123 17.70.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 124 as follows: 125 Chapter 17.70 126 RR1 — Rural Residential One District 127 128 17.70.020 Permitted uses. 129 The following land uses are permitted in the rural residential one district: 130 A. Accessory buildings; 131 B. Agricultural buildings and activities; 132 C. Churches; 133 D. Fishing activities when an owner - occupied dwelling is present on the premises; 134 E. Greenhouses; 135 F. Horticultural buildings and activities; 136 G. Single- family dwellings; 137 H. Home occupations; 138 I. Vacation homes; 139 J. Bed and breakfasts; and 140 K. Recreational cabins; and 141 I. Poly- tunnels and /or hoophouses. 142 143 Section 5: Title 17 Zoning Chapter 17.75 R1- Single - Family Residential District Section 144 17.75.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 145 as follows: 146 147 Chapter 17.75 148 R1 — Single - Family Residential District 149 150 17.75.020 Permitted uses. 151 The following land uses and activities are permitted in the single - family residential district: 152 A. Accessory buildings; 153 B. Churches; 154 C. Greenhouses; 155 D. Home occupations; 156 E. Parks and playgrounds; and Kodiak Island Borough Ordinance No. FY2012 - 10 Page 3 of 5 157 F. Single- family dwellings; and 158 G. Poly- tunnels and /or hoophouses. 159 160 Section 6: Title 17 Zoning Chapter 17.80 R2- Two - Family Residential District Section 161 17.80.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 162 as follows: 163 164 Chapter 17.80 165 R2 — Two - Family Residential District 166 167 17.80.020 Permitted uses. 168 The following land uses are permitted in the two- family residential district: 169 A. Accessory buildings; 170 B. Beauty shops; 171 C. Churches; 172 D. Clinics; 173 E. Greenhouses; 174 F. Home occupations; 175 G. Hospitals; 176 H. Parks and playgrounds; 177 I. Professional offices; 178 J. Schools; 179 K. Single- family dwellings; 180 L. Two - family dwellings; 181 M. Vacation homes; and 182 N. Bed and breakfasts; and 183 O. Poly- tunnels and /or hoophouses. 184 185 Chapter 17.85 186 R3 — Multifamily Residential District 187 188 Section 6: Title 17 Zoning Chapter 17.85 R3- Multifamily Residential District Section 189 17.85.020 Permitted Uses of the Kodiak Island Borough Code of Ordinances is amended 190 as follows: 191 192 17.85.020 Permitted uses. 193 The following land uses are permitted in the multifamily residential district: 194 A. Accessory buildings; 195 B. Beauty shops; 196 C. Boardinghouses; 197 D. Churches; 198 E. Clinics; 199 F. Greenhouses; 200 G. Home occupations; 201 H. Hospitals; 202 I. Multifamily dwellings; 203 J. Parks and playgrounds; 204 K. Professional offices; 205 L. Schools; 206 M. Single- family dwellings; 207 N. Two - family dwellings; 208 O. Vacation homes; and Kodiak Island Borough Ordinance No. FY2012 -10 Page 4 of 5 209 P. Bed and breakfasts; and 210 Q. Poly- tunnels and /or hoophouses. 211 212 This ordinance shall eecome neon . e o e si . 213 214 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 215 THIS DAY OF 2011 216 217 218 KODIAK ISLAND BOROUGH 219 220 221 222 Jerome M. Selby, Borough Mayor 223 224 ATTEST: 225 226 227 228 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -10 Page 5 of 5 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50- Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). SUMMARY: The Assembly's role in reviewing this action is found in KIBC 16.60.060 (A). That section states: A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the Assembly if the vacated area is within the Borough outside a city. The Assembly reviews all vacations requests that occur on property located outside the city limits. Until the vacation is approved by the Assembly, the applicants cannot record their final plat. History- This is a similar request to the one that the applicant brought before the Planning and Zoning Commission in 2009. In that case the Commisison decision and recommendation to the Assembly was based not on what was requested by the applicant, but a confirmation of an agreement reached between the applicant and two agencies having jurisdiction in this case: the U.S. Army Corps of Engineers and ADF &G Because the applicant failed to finalize the 2009 preliminary approval nor was a time extension requested, as stated in KIBC 16.40.060 (F), the approval of the plat became null and void. In this most recent request the commission once again approved the vacation of the easement based on that same agreement between the parties. That is, it approved a partial reduction of the easement based on the that same understanding between the U.S. Army Corps of Engineers, the Alaska Department of Fish & Game, and the applicant. The agreement reduces the easement down to 35 -feet (a 15 -foot reduction) in the vicinity of the house pad found on proposed Lot 3. Community Development Department staff recommends approval of this request. FISCAL NOTES: Account No.: Amount Budgeted: ;: Expenditure Required: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 20, 2011 REGULAR MEETING APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to approve a partial vacation of the Panamaroff Creek "Easement for Salmon Stream" reducing the existing 50 foot easement by 15 feet in the area of the 100 x 95 buiding pad located on Lot 3, Panamaroff Creek Estates Subdivision as depicted on the map approved by the Planning and Zoning Commission at its August 17, 2011 regular meeting. Kodiak Island orough i t a " A A ; j / ¢ 2. Community Development Department 4') 710 Mill Bay Road • •,. Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 August 18, 2011 Mr. Ed Gondek PO Box 1412 Kodiak, AK 99615 Re: Case S12 -003. Request preliminary approval. according to KIBC 16.40 & KIBC 16.60, to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of easement remaining in the area of a new house to be constructed. Dear Mr. Gondek: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 17, 2011 , granted preliminary approval of a vacation to allow a reduction in the width of an existing 50 -foot "Easement for salmon stream" as depicted on Plat 2006 -13, reducing the easement ky 15 feet to accommodate a 100 x 95 foot building pad and septic system, subject to timely submittal and non objection by the U.S. Army Corps of Engineers and ADF &G, subject to the following conditions and findings of fact, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL Once these conditions have been met, please instruct your surveyor to complete the tinal plat and submit it to this office for final review. We suggest the use of a final 'check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty -four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. According to KJBC 16.90.030 An appeal of the commission's decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision, The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT The landowner and agent will work with both, the U.S. Army Corps of Engineers and ADF &G, Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the landowner's representative. This represents a considerable compromise on the part of the landowner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of this compromise in writing, when that confirmation is received will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of the anadromous fish species and environmental habitat they really upon, If you have any questions about the action of the Commission, please feel free to contact the Commmunity Development Department at 486 -9363. Sincerely, \,(AtAa n �) Sheila Smith, Secretary Community Development Department CC: Chris Lynch Nova Javier, Borough Clerk ould require new or different equipment that would change the essential visual character of the si or ety characteristics of the operation of the facility must be reviewed and approved .• the Commi on at public hearing prior to installation. Future conditional use reviews in this ar• . will be based upon e cumulative impact of all established conditional uses in the area. 17.67.05 B, Tha e conditional use fulfills all other requirements of this ch, • er pertaining to the conditional use. • uestion, The conditional use will (fill all the requirements of the C- Conservati. zoning district. Natural vegetation will to be preserve. o the maximum extent possible. Requ' •d setbacks will be maintained within the Port Lions Corporate b. ndary, which is far in excess • e minimum five (5) acre lot area requirement. 17.67.05 C. That granting the condition. use per will not he harmful to the public health, safety, convenience and comfort. This facility will not be located within a waters -. o imilarly important habitat. This facility will be constructed and mai• .fined in acco ••nce with all applicable federal, state and local requirements. All construction • meet standards of t' = Uniform Building and Fire Codes, and communication equipment will .e installed and operated in :.nformance with applicable FCC regulations. 17.67.05 D. That suff •' nt setbacks, lot area. buffers or other safeguar. are being provided to meets e ondito.. istedi su•.•cti n•A i . ! h • . ,i. ' ct'on. The site is w separated by distance, topography and vegetation from reside ial areas. The contiguous : nd ownership of the City of Port Lions exceeds the minimum of area of five .. es required by the onservation zoning district. • s L CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case S12 -003. Request Preliminary approval, according to KIBC 16.40 & KIBC 16.60, to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of easement remaining in the area of a new house to be constructed. The applicant is Ed Gondek and the agent is Chris Lynch. The location is 983 Panamaroff Creek Drive, Panamaroff Creek Estates, Lot 3, and the zoning is RR1 -Rural Residential One. Cassidy reported this request is to partially vacate an easement for a salmon stream. The commission has seen this request before and approved a variance of much less. The applicant resubmitted the request with the original language due to exceeding the time limit for final information submittal. What was previously approved was based on a compromise between various agencies and the applicant. Staff recommended denial of the original case language but recommends approval of 15 feet in the footprint of the building. At the last meeting part of the request was a change of lot line but it wasn't advertised correctly and the solution would be, if approved tonight, the applicant can come in and administratively through the abbreviated plat procedure we can change interior lot lines. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40 & KIBC 16.60 to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of easement remaining in the area of a new house to be constructed. The public hearing was opened & closed. Public testimony was given by Chris Lynch, agent, stated we have went through extensive coordination with the agencies. Lynch said there is a house built on the property and the constraints previously set forth by the Department of Fish & Game were followed. Discussion ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY 8/17/2011 P &2 Minutes Page 3 of 10 COMMISSIONER SCHMITT MOVED to grant a vacation, according to KIBC 16.60, to allow a reduction in the width of an existing 50 -foot "Easement for salmon stream' as depicted on Plat 2006 -13, reducing the easement hy 15 feet to accommodate a 100 x 95 foot building pad and septic system, subject to timely submittal and non objection by the U.S. Army Corps of Engineers and ADF &G and adopt the findings of fact for this case as identified in the August 3, 2011 staff report. Discussion CONDITIONS OF APPROVAL Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game, Habitat Division , the requested vacation as stated in the original motion is reduced hy 15 feet vacation of the salmon stream buffer as conceptually depicted for the revised 100 x 95 foot building footprint shown for Lot 3 of the subdivision subject to confirmation of the approval of said vacation compromise by both resource agencies. FINDINGS OF FACT The landowner and agent will work with both, the U.S. Army Corps of Engineers and ADF &G, Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the landowner's representative. This represents a considerable compromise on the part of the landowner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of this compromise in writing, when that confirmation is received will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of the anadromous fish species and environment& habitat they rely upon. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY -- D) Case 12 -010. FY 2013 -2017 Capital Improvement Projects List. The applicant is the Kodi. IslanZhBorough and the agent is Bud Cassidy, Community Development Departm • . The location is`bor` gh wide. Cassidy reportedls.j&your yearly attempt to forward to the Assembl ojects you feel are important to the commune • In response to COMMISSIONER •• ' KINS'S inquiry of whe • the Library Funding Committee contacted Cassidy regarding the listing be a confli • ith the funding they have set up and a matching funds situation, Cassidy stated no bi - •id talk to City Manager Kniaziowski. The City Council will be the final decision maker on th. COMMISSIONER JANZ MOVED to as • Resolution 2012 -01 a • - solution of the Planning and zoning Commission recommending a ! -2016 Capital Improvements Proj • list of projects The public hearing w. • • ened & closed. There was no public testimony Discussion RO / LL VOTE ON MOTION CARRIED UNANIMOUSLY N ase -1 . • eques a 1 e ' an • eview, actor • mg o • 1.1 , ` • ermi e • • - Schoo 5 • nsider a detailed site plan for a proposed parking lot arrangement • . 1 1 serve the Kodiak Hig - • •1 Addition and Renovation Project. The applic. e Kodiak Island Borough ad the agent is t • • • iak Island Borough Enginee • • : Facilities Department. The location is USS 2538A, Lots 3, 4, 5B, a • ; and the • • • : is PL- Public Use Lands. Cassidy reported the conceptual desi: • e schoo .. •een agreed upon. Because the activity is occurring in the Public Lands • - e code requires the commis • • approve a site plan. Parking is determined by the •. - um seating capacity of principle places of arse : Staff has taken that seating o • - igh school and middle school gyms and the auditorium. There were • t the work • on who expressed concern with the removal of trees, and the Parks & Recreation Com a 8/17/2011 P &Z Minutes Page 4 of 10 — "PO PO 54 o Ire 6 11 ,c 1 4 c£ . � Q 7 de . k. t_.: \ Z . ----..,z:::-.-...1 o : : Easement for — "Salmon Stream — . -, ) • 1 i' { 1 i Il7J L1 " i 4r �/.," Y RS .9 , J — c ✓ '� w au wos I \ .. i - , $ f? A . .- . s ees..rr j, Wflt • OS �y s, j ...� , L - t (0. ` V ,' / . x° i i Reduction area ar - — � 3 •lC7 -:k( �' 0 0' � �---- Reduced by 15' 4 it s " t til x ` J `�= X 1 ° 3 .�'»> t ' fi a LL, o• z b : \i � ' . CCo I �`. 1 Y � j j , i , w£TLAN05 E . . _ �rLwc _ 1 'ti t'' c. .I. W '_ EASEM LG T 21 y� \ 8 W of TN$ yG N , . „„ w 1J 85 ° 28 / * A •C' A ^ 14 4 1 _ 4? 7 i � � , � t oy W = Ww ( h a O rORs:9cMOI. S:r 1 / l / � I , ,h{ iVET<RN�� ; - v' .y -.1?". * " • ` IC 0 _ --- , -� 1 •: / 3• v tl f d W£rtnvvs �, P ° � O LOT . ( � \ \ ,, F tk to i ,j - ,-. 1 . 1,0 w %; .< Z:04 ACRES \{D1 =— r 0 , . 2, % v- w . 2 ACRES S t i( N._ t v i (0.04bG�4ti, kb A9 _' (9-98 'p c)Ht. r^ 0 , 0" d i k° „ �� .. .$ 1. � zi p t c d Q�� • d - 04- 21 '(0 ° ' ` � d p : ' Q =04'ST06 ... i 34, 'i r L a 7S 6 � . 1 4 46 8 . • /V 8.9 ° ,49'55" w �d' // °37 p• ° 4 f f 9 z '1' K. � • o ,T o G= 20.27' ' t Public Hearing Item 7 -C P &Z August 17, 2011 Photos Panamarof Creek Estates Subdivision, Lot 3 , ',� '. fi r" t ° .§� < u`.� .,.:;@.� i cy' 't^� , " ��. Z: 1 - °-`e F ..... C. 1 , v 'riU x¢ ,: `g7k 1 r Green arca to the left of the house is whcrc the septic system was installed This request was initiated so that we could get proper distances when installing this system / roit p. 4 6 v 1 � f a -� t . fit I . ... tV h ( V •( M - Yv t Y' M1 r y1 f \ .v Lil - IS, OP1 y- 44 I 4 .f' R1 2'� ;'l cd s .. . ' i .. a `k' : ti "'?. t '� .t t .°,r.� "t en,. Y4 i�a - i r.'':;) "a ` - .r, t 1 J. P ir1a . t t .*s1 , . i 1 a i e 7 v.,....rom.4. 4 k 4,- .e... This is the arca where the buffer was reduced. S12 -003 - Page 1 of 4 Public Hearing Item 7. -C P &Z August 1 7, 2011 Photos Panamarof Creek Estates Subdivision, Lot 3 01 s - - � - : s 4 ..,, � � pS, i r . i n _� - H '� C ..44.-.,:, gag -., :r• } ,ir//• y a `* Y ,11.. R yf Y p ,'ya �, �. ,I� h 6, . " j, -•4•,',1":"' '�:I. ' a 2 'h'- J, . ,I d - � +' ;tw , f :::.: ' y � �� 2 cR��ae'� � .,, l it 1 1 . , y`t ar �t} fY t`4 fAl t o t g 7 t � , �f Yt. ^[,. n ,y d.r From the edge of the house to the edge of the brush is approximately 32 fcct. d, i ..;.,. w 1,` �} 14 fy y ` } 3Z A ' i a Eft f s y A _ ,o" -:'.2.-"c s. t �! 4y. 7 r yCa e•-•4 .c.. ; 6 aaT d' �� s 4. y 4 �r < � , Y # m^ � iS. '. • i , .. t . ^ S »�, aJx• J Y^�N ' -�'d „' .3r if„..- t . .i° From the front of the house to the edge of the brush is approximately 65 feet. S12 -003 Page 2 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 Photos Panamarof Creek Estates Subdivision, Lot 3 u 14 ij i` t . :1, ' t � ! ry t y !.v��s,� 1 a � +pc it ' r x i i - f.'s' a q{' .y.,,;4 `�I . 5�' sD "l. ♦^' z 'FG"" r r 3 c. A i\ N d . ' . � f 't '� L, :,�� ° r� °ttri t .� .i( • f l a �. z y. L s A f S .. ,,� ' . ' �'r♦ E is 5f klii • 4Y� de 2 r '..1 l , � r, /r'r 7l h re de r` , , `x +4$ , a' + 3N} & N r,, i' er ' . . ' ,,,i M: f ` ( The band of brush varies between 25 and 35 feet. The centerline of the creek is another 8 to 10 feet. The letter from Fish and Game dated April 10, 2009 stated "...the 50 -foot wide buffer will be reduced by 15 feet in width, only in Lot 3 around the building pad, to eliminate any encroachment of the building pad into the buffer. The buffer will remain 50 -feet wide along on both sides of Panamaroff Creek through the remainder fo the Panamaroff Creek Estates subdivision..." This is what we have done. S12 -003 - Page 3 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 \CO O \I O O O O O k \C\ O S12 -003 - Page 4 of 4 Public Hearing Case 7 -C P &Z meeting August 17, 2011 MEMORANDUM DATE: August 3, 2011 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJ: Information for the August 17, 2011 Regular Meeting CASE: S12 -003 Request of the preliminary approval, according to KIBC 16.40 & KIBC 16.60 to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 fee of easement remaining in the area of a new house to be constructed. APPLICANT: Ed Gondek AGENT: Chris Lynch REQUEST: LOCATION: Lots 1, 2 and 3, Panamaroff Creek Estates; 983, 995, and 1059 Panamaroff Creek Drive. REVIEW AGENCY COMMENTS Fire Marshall — No comments City of Kodiak Building Officials — No Comments Womens Bay Fire Hall — No Comments Womens Bay Community Council — No Comments Womens Bay Service Area Board of Supervisors — No Comments U.S. Fish and Wildlife Service — No Comments Island Cable TV — No comments Alaska Communications System — No objections Kodiak Electric Association Engineering Department — No objections Alaska Department of Fish & Game — ADF &G, in a letter dated August 1, objects to the proposed vacation of a 30 foot portion of the existing "50 -foot Easement for Salmon Stream" along Panamaroff Creek (both sides of stream) and believes that the compromise reached with the developer to reduce the 50 foot easement by 15 feet to provide a 35 foot buffer in the vicinity of the building pad is still valid and acceptable to ADF &G. U.S. Army Corps of Engineers — No Comment Introduction Case S12 -003 Page 1 of 6 Public Hearing Case 7 -C P &Z meeting August 17, 2011 STAFF COMMENTS Introduction The petitioner has submitted a request that is identical to the one submitted in 2009 (Case S09 -014) and was approved by the commission. This case is back before the you because the petitioner's plat was never "finalized" within the two year period required by KIBC 16.40.060(F) and is now invalid. That section reads: "The approval of the preliminary plat shall be effective for 24 months from the date of approval ... After this time, the preliminary plat shall become null and void. Because the case packet in Case S09 -014 is so extensive, instead of recreating the discussion that occurred, staff has attached that former case packet as backup to this memo. Suffice it to say that the petitioner is developing what is known as sensitive lands that involve identification of wetlands and a "cataloged" and known salmon stream and involves the review of the subdivision by other agencies. Case S09 -014 As a summary of your past action ... the original case was a request for the vacation of up to 30 feet of a 50 foot "easement for salmon stream ". But the approval granted by the Commission was a modification of the original request based on a agreement between the Alaska Department of Fish and Game, the U.S. Army Corps of Engineers and the petitioner. This modification only allowed the reduction of the 50 foot easement by 15 feet around the area identified as the "building pad" on Lot 3. The width of the 50 foot outside of the building pad was retained in its original width. This modification approved by the commission with conditions was forwarded and approved by the Borough Assembly. The approval by the commission and the Assembly was in recognition of the negotiations that went on between the landowner, his agent, the Corps of Engineers and ADF &G, Division of Habitat. That modification and agreement between the parties was further stated in the Commission's condition of approval in that case. It states: Conditions of Approval 1. Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game, Habitat Division, the requested vacation as stated in the original motion is reduced to a 15 foot vacation of the salmon stream buffer as conceptually depicted for the revised 100 x 95 foot building footprint shown for Lot 3 of the subdivision subject to confirmation of the approval of said vacation compromise by both resource agencies. Introduction Case S12 -003 Page 2 of 6 Public Hearing Case 7 -C P &Z meeting August 17, 2011 The Findings of Fact for the original approval adopted by the commission is as follows: 1. The landowner has worked diligently with both the U.S. Army Corps of Engineers and the Alaska Department of Fish & Game Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the landowner's representative. This represents a considerable compromise on the part of the landowner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of the compromise in writing when that confirmation is received it will represent a compromise approved by the those resource agencies both qualified and authorized to address the needs of anadromous fish species and the environment and habitat they rely upon. Case S12 -003 This current request, uses the language of the original case by requesting a vacation of 30 feet of the 50 foot "easement for Salmon Stream." Though this seems to be in conflict with the earlier compromise, the applicant confirmed to me that that what is sought in this most recent request is the identical approval of the modification, agreement and compromise arrived at in case S09 -014. That recent clarification by the petitioner makes a staff recommendation clear. RECOMMENDATION Staff recommends that this vacation request be denied as advertised and that a substitute motion be approved that recognizes the modification that the parties agreed to in 2009. APPROPRIATE MOTION Motion #1 Move to grant preliminary approval, according to KIBC 16.40 & KIBC 16.60 to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of easement remaining in the area of a new house to be constructed. Staff recommends that this motion be denied. Introduction Case S12 -003 Page 3 of 6 Public Hearing Case 7 -C P &Z meeting August 17, 2011 Motion #2 Move to grant a vacation, according to KIBC 16.60, to allow a reduction in the width of an existing 50 -foot "Easement for salmon stream" as depicted on Plat 2006 -13, reducing the easement to 15 feet to accommodate a 100 x 95 foot building pad and septic system, subject to timely submittal and non objection by the U.S. Army Corps of Engineers and ADF &G and adopt the findings of fact for this case as identified in the August 3, 2011 staff report. Conditions of Approval Note: This condition of approval is identical to the one approved by the commission in Case 09 -014. Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game, Habitat Division , the requested vacation as stated in the original motion is reduced to 15 feet vacation of the salmon stream buffer as conceptually depicted for the revised 100 x 95 foot building footprint shown for Lot 3 of the subdivision subject to confirmation of the approval of said vacation compromise by both resource agencies. Findings of Fact Note: This finding of fact is identical to the one approved by the Commission in Case 09 -014. The landowner and agent will work with both the U.S. Army Corps of Engineers and ADR &G, Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the landowner's representative. This represents a considerable compromise on the part of the landowner considering the substantial nature of the original request for vacation. Although borough staff has not been confirmation of the approval of this compromise in writing, when that confirmation is received will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of the anadromous fish species and environmental habitat they really upon. Introduction Case S12 -003 Page 4 of 6 • / / - ,- Public Nearing Case -7 C._._..__ • / , _ : I I__: P &Z meeting August 17, 2011 • . t W.'R .... . 4 - 1 J. I it IDD �,5-rar €6,;,(.1 1 /.Y '� ,,�- �.6' y,, i T ,' / • ,aC sev k-�c. Q� '` er�;aubs 1 `,, y E' ...:.. ' i<: ; .. . • t � } ® C�i n 'c),� ' ,,/ > = sv?�. . �,.. : • • r � 'f \ . .f Vr1�I / h , - t...._ WErLANO3,Y . / • > > '1.-- V- W : rs 3- •e - 7 . /. u _ - . . It, m; \∎ \ � d ` J • ' ' • .IW GVErLANOS W... • 1 wETL.AN05y � ` <s'� -_� 1 t' ' ''' 4. 1'1 &N • � RC 6of' -, ....9o. .v } h� W � _ C • � 7 ,"py W y 1 ° ti. % Q FOR S A i MJNSM • : / .^) / i.� w -- - l . ems! . / y W '-;& a-1,1 r\ \ o LOT 9 � �. ; ' p 4 k ` � L B A ., wb7'LN ✓ OS . e xr �: • h ti ✓ , y 3d 1 2:04 ACRES , �� 0' ;-� 2.27 .Ac . . - � ,, ' (0:04- Ac "- ke n , _- (p.98?4c) w. . h sg'.- ,2� :- p , D /��u it ~ ., •_ P ' 4; , ,p�V /74 m o ; ` , 1 j: .4 4. i 4'O4 ° 5706" . 52 ao 4 :04:Z �s} t �o'd,. L=- 96.44( ... N/ 3 p/ I`' /79./6 ;...� w a S N 89 °49'.55 "W �d q ° 31 I ' + . + : D E I '. . CREEK 0 — - r ° ti' 0.2 38 "., _ l l. : Qi= O r.02126" L ° 20.33' : _ . . _ _ . _ i .T 'S G r 20.27' ii I ' Inti; Cas S12 -003 Page 5 of 6 L..(; ;, Public Hearing Case 7 -C P &Z meeting August 17, 2011 Subdivision Application Reduce Easement & Change Lot Line Supplemental Information Property ID Number: R9004000150, 152 and 153 Legal Description: Panamaroff Creek Estates Subdivision, Lots 1 — 3 This is a resubmittal of case S09 -014 due to surveyor missing final plat deadline: Owner proposes to reduce the 50 foot easement on the south side of Panamaroff Creek to 20 foot in the area of the new house construction on Lot 3. In order to provide for ease in building construction so as to meet the distance requirements for well and septic systems on said properties. Owner is also proposing to change the configuration of Lot 2 in order to properly locate the septic system for a house on that lot. The original Corps of Engineers permit for this property was filed in 2004. At the time there was a lot of confusion between the COE regarding property ownership and existing earth movement that had taken place on the property. In 2009 we had several site visits with regulatory parties to verify the proposed easement reduction would be acceptable. Wetland determination was provided under Nationwide Permit No. 39 and was issued in 2005. AK Fish and Game gave concurrence of the proposal on April 10, 2009 in a letter to Community Development. Agency documentation is on file at KIB. All COE permit requirements will still be met. No construction or fill will occur in any wetlands. Easement reduction will be as proposed on attached sketch. Introduction Case S12 -003 Page 6 of 6 Public Hearing Item 7 -C P &Z August 17, 2011 SUBDIVISION APPLICATION I y KODIAK ISLAND BOROUGH i� 1 COMMUNITY DEVELOPMENT DEPARTMENT li 710 NiLL BAY RDA D, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION [Applicants name: (_d, GonCAe < _ h !Applicant's !App'licant's mailing address: "Kl .l�2 - i,_ ��\ City: or��1 _ _ State: ZIP: q1 tS ii Flotne phone: - Work phone: _ I ) / II !� l Ilapplicable, agent's /surveyor's name: ih(t� :tic ,h, yy A genVsisurveyor's mailing address: \, 1 S-- 1.44\1. 0 c\O , v\_ 9 k !City: :40( \ \-40\, State: t Horne phone: _ Work phone: 5&_ 2.)4q Lk il PROPERTY INFORMATION h i tPropertyIDNumber /s: �RoD t COO \S 900 _ O i 7 . P , 9co4 QD0i5 11 l' Current legal description: 0.13Si uf \ � - 6 2 th j cck S JA t l UAL) I li R � , i t Proposed legal description: Savnc- - - - - - -- -— -_ — Subdivision Fees ! I STAFF U S E ONLY I Payable in Cashier's Office / I �I�tf R6011111104 ✓/ Preliminary plat (up to 12 Lots) KIBC 16.40 �S �I�' �I I d I Abbreviated plat KIBC 16.30 II I (pct 1<IR t.ff. ,l t n ;own Vacation ' .16.60 nitl 2 0135) Waiver KIBC 6 10.050 JUL 1 2011 V bin( dated rtl 5300.00 it i II lfodiaic lslnd SaVnirnL Application received by:__ ___ t' ice Deiparh#i 411 1 1 StatTseg •ire \ t., ✓ate: � i " ,('7� \tpeve \departineats\CD\ Templates \iona\CorDevS'onns\f- Revised Subd Application 7_13 05.DOC 7/13/2005 Case No. S12 -003 Application Page 1 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 Subdivision Application Reduce Easement & Change Lot Line Supplemental Information Property ID Number: R9004000150, 152 and 153 Legal Description: Panamaroff Creek Estates Subdivision, Lots 1 — 3 This is a resubmittal of case S09 -014 due to surveyor missing final plat deadline. Owner proposes to reduce the 50 foot easement on the south side of Panamaroff Creek to 20 foot in the area of the new house construction on Lot 3. In order to provide for ease in building construction so as to meet the distance requirements for well and septic systems on said properties. Owner is also proposing to change the configuration of Lot 2 in order to properly locate the septic system for a house on that lot. The original Corps of Engineers permit for this property was filed in 2004. At the time there was a lot of confusion between the COE regarding property ownership and existing earth movement that had taken place on the property. In 2009 we had several site visits with regulatory parties to verify the proposed easement reduction would be acceptable. Wetland determination was provided under Nationwide Permit No. 39 and was issued in 2005. AK Fish and Game gave concurrence of the proposal on April 10, 2009 in a letter to Community Development. Agency documentation is on file at KIB. All COE permit requirements will still be met. No construction or fill will occur in any wetlands. Easement reduction will be as proposed on attached sketch. Case No. S12 -003 Application Page 2 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 • . I ': .7 . • \\\ i� :. / - . J + -.. . ' .; • pc. ." � � -; i -: : I .. 1� D \�-ca to C ,,,,, : .k. / . 2s 'x'30 Sf� t. a J � - • � _. ../ ,& . ;r -; o. WET LANOS'y l s t�� . • - L . - L . y '� p .� . /y - - h i r -4.. ) . P4 A1 1v ' l' 2 -, �'4 \ # '- : , t ti —. v ai (� r \\ __ LOT - - • -r o f r 4 . /, /An ACREy p! _ Ls- o - v ,;;`334 OB h 1 , :ti.: - e v - . , � ' w 4, 7 t~ - W _ � o m a FOR 'S:1 ,': s7 R —: k t /^ 4 �= w, . /_'' . ��, ` o CBOT. P \ cl .6 t ' . ' - ^ " LC)-IV ,�. W£TLtd kth ^. �', e ; co') 4f ,' w y * _ ✓ 1 . =Y � 2 :04 ACRES 18i of :/ 2 ACRE ° - r� N iol L p ! r 0:04 G W', a n� -r <9.98AC>. i Y 66° H' 0 ` y /1 Z�L w �� +.4 l - Co: "toe-/ ,/ y� d - Q 0457- 06' °.:.. ..: � r , � - �' Q 4' 04:22.45, .,';' . 2' m a L. 36.44• � "•' �= a °I L = B7 va-- %A 0 '. o— - , 1 " - - _ ° 3 W i - l`' X79 16 % - -- M 89 °<l9 SS 6 S/ 4. //° L/ 5 ,,r. . + _ � Dpiiig p' .Q` �Q/ ° -02 "26 — °02' " . /5 L > 20 27, L ° i 20.33' . . '\- 1 I Case No. S12 -003 Application Page 3 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 o \ 1CS1/42 O o� o ° 0 k .\\ Case No. S12 -003 Application Page 4 of 4 Public Hearing Item 7 -C P &Z August 17, 2011 Kodiak Island Borough » 4 F Community Development Department 3 � !` `� 710 Mill Bay Road Room 205 ' �'` Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us July 15, 2011 Ed Gondek PO Box 1412 Kodiak, AK 99615 Re: Case S12 -003. Request preliminary approval of the Preliminary approval, according to KIBC 16.40 & KIBC 16.60, to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of easement remaining in the area of a new house to be constructed. Dear Mr. Gondek: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, August 10, 2011 at 6:30 p.m. in the Borough Conference Room (11121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and /or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. 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, Sheila Smith, Secretary Community Development Department CC: Chris Lynch Case S12 -003 Public Hearing Page 1 of 9 Public Hearing Item 7 -C P &Z August 17, 2011 u Kodiak Island Borough Community Development Department 4k" 710 Mill Bay Road Room 205 Fak Kodiak, Alaska 99615 _ - , Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us To: PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems - Engineering Department -Kenai Alaska Department of Fish & Game - Division of Habitat City of Kodiak - Building Officials City of Kodiak- Public Works Department Fire Marshal GCI Cable, Inc. Kodiak Island Borough - Engineering and Facilities Department Kodiak Electric Association - Engineering Department U.S. Army Corp of Engineers Womens Bay Community Council Womens Bay Service Area -Board of Supervisors United States Postal Service Kodiak Island Borough - Information Technology Department Womens Bay Fire Department FROM: Sheila Smith, Secretary DATE: July 15, 201 1 RE: Case S12 -003. Request preliminary approval of thc Preliminary approval, according to KIBC 16.40 & KIBC 16.60, to allow the partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement and leave 20 feet of casement remaining in the area of a new house to be constructed. The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Planning and Zoning Commission at their August 17, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. We would appreciate your review and commcnt regarding this proposed plat. The week prior to the regular meeting on Wednesday, August 10, 2011 at 6:30 p.m. in the Kodiak Island Borough Conference Room, thc Commission will hold a work session to review the packet material for the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on Tuesday, August 2, 2011 in order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review work session. If we do not receive a written response from you by August 2 " we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it, is 486 -9396 or you may email comments to ssmith@kodiakak.us. If you have any questions, please call the Community Development Department at 486 -9363. Case S12 -003 Public Hearing Page 2 of 9 Public Hearing Item 7 -C P &Z August 17, 2011 DUNCAN FIELDS ETAL MICHAEL WELBORN JOHN FELTON 1950 CADDINGTON DR PO BOX 634 c/o DIANA CLARK RANCHO PALOS VERDES, CA 90275 KODIAK, AK 99615 5655 HWY 93 S. MISSOULA, MT59804 TUNDRA PLUMBING & HEATING FRANK E STEARNS LORNE WHITE INC 893 PANAMAROFF CREEK DR PO 130X 476 859 PANAMAROFF CREEK CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NANCY KRACKE ETAL LORNE WHITE NANCY KRACKE PO BOX 2013 PO BOX 476 PO BOX 2013 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CHARLES PIT TS PAIGE ANDERSON ETAL EDWARD GONDEK P.O. BOX 9038 PO BOX 8892 PO BOX 1412 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN JUHLIN LUKE LESTER 1059 PANAMAROFF CREEK DR P.O. BOX 553 KODIAK, AK 99615 KODIAK, AK 99615 Case S12 -003 Public Hearing Page 3 of 9 Public Hearing Item 7 -C P &Z August 17, 2011 Sheila Smith From: Lorne & Elana White [strawberryfields @gci.net] Sent: Monday, August 01, 2011 8:40 AM To: Sheila Smith Subject: S12 -003 In reference to the request for partial vacation of a 50 foot easement for salmon stream on the south side of Panamaroff Creek which would vacate 30 feet of the easement & leave 20 feet of easement remaining in the area of a new house to be constructed on Lot 3, Panamaroff Creek Estates; 983 Panamaroff Creek Drive: My name: Lorne White POB 476 Kodiak, AK 99615 Property description: 934 Panamaroff Creek Drive - home Comments: I am a retired ADF &G fisheries biologist. I have lived on Panamaroff Creek Drive since 1976. My wife and I have witnessed many flash floods on Panamaroff Creek. The stream is used by pink, chum, Coho salmon and Dolly Varden Char. The State of Alaska spent a large sum of money just last year to replace the highway culvert to improve salmon access for this spawning stream. It is a small but important spawning area. They got rid of a large pool in front of the culvert to remove a "snagging area" so the fish would be able to progress unhindered through the culvert. The area of the stream that passes by Lot 3, Panamaroff Creek Estates is the most highly used section of this stream for spawning of the salmon. Do not, please, do not allow any vacation of the 50 foot easement. This anadromous salmon stream is seeing piecemeal degradation due to human activity including driveway access. Fill is brought in because the land is wet & boggy. Case S12 -003 Public Hearing Page 4 of 9 Public Hearing Item 7 -C S n n P &Z August 17, 2011 F n n n SEANPARNELL, GOVERNOR W W W ((fW 333 Raspberry Road DEPARTMENT OF FISH AND GAME Anchorage, AK 99518 -1565 PHONE: (907) 267 -2289 FAX: (907) 267 -2464 Division of Sport Fish August 1, 2011 Ms. Sheila Smith Kodiak Island Borough Community Development Department 710 Mill Bay Road, Room 205 Kodiak AK 99615 Subject: Case S12 -003 - Request for Partial Easement Vacation and Preliminary Plat Approval The Alaska Department of Fish and Game (ADF &G) has reviewed the request to vacate a portion of the 50 -foot wide `Easement for Salmon Stream' along Panamaroff Creek dedicated by the Panamaroff Creek Estates Subdivision located within Section 1, T.29 S., R. 21 W., S.M., AK. The applicant has requested that the easement be reduced by 30 feet on one side of the creek leaving a 20 -foot wide easement remaining adjacent to his building pad. Panamaroff Creek has been specified as being important for the spawning, rearing or migration of anadromous fish pursuant to AS 16;.05.871(a). Coho and pink salmon use this portion of Panamaroff Creek. Development on this lot may adversely affect this fish resource and habitat. ADF &G objects to easement vacation as proposed. We have reviewed this proposal several times before, most recently, in 2009 (see attachments). At that time the landowner, ADF &G and representatives from the borough met at the subdivision site and agreed on an alternative. Based on that meeting the applicant agreed to adjust the size of the building pad to 110 feet x 95 feet and rotate the pad to reduce encroachment into the easement. The 50 -foot wide easement would be reduced by 15 feet, around the building pad only, leaving a 35 -foot wide easement. The easement would remain 50 -feet wide along both sides of Panamaroff Creek though the remainder of the Panamaroff Creek Subdivision. This alternative is still acceptable to ADF &G. Other options that we would support include reducing the size of the building pad and positioning it to completely avoid the easement or moving the building pad 30 feet south of the proposed location to maintain the width of the easement at 50 feet. Case S12 -003 Public Hearing Page 5 of 9 Public Hearing Item 7 -C P &Z August 17, 2011 Sheila Smith -2- August I, 2011 Thank you for the opportunity to review and comment on this proposal. Please contact me at 267 -2463 if you have any questions or comments. / LQAAI Ellen Simpson Habitat Biologist Attachments: 2 cc: Will Frost, ADF&G Donn Tracy ADF&G Steve Schrof, ADF &G • Case S12 -003 Public Hearing Page 6 of 9 Public Hearing Item 7 -C r ( ^ v ij7ijJ �7 P &Z August 17, 2011 f\LiSEn, SARAH PALIN, GOVERNOR `lJl 333 Raspberry Road DEPARTMENT OF FIS11 AND GAME Anchorage. AK 99518 -1599 PHONE: (907) 2672942 FAX: (907) 267 -2464 Division of Sport Fish April 10, 2009 Ms. Sheila Smith Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, AK 99615 Subject: Request for Easement Vacation, KIB Case 809 -014 On January 30. 2009 the Alaska Department of Fish & Game (ADF &G) submitted comments objecting to the request to vacate a portion of the 50 -foot wide "Easement for Salmon Stream" along both banks of Panarnaroff Creek dedicated by the Panamaroff Creek Estates subdivision (Plat 2006 -13) and located within Section 1, T. 29 S., R. 21 W., S.M., AK. The applicant had requested that the easement be reduced by 30 feet on each side of Panamaroff Creek, leaving a 20 -foot wide easement remaining on each bank of the creek. On Friday, April 3, 2009, ADF &G Habitat Biologist Will Frost accompanied Chris Lynch, the landowner's representative. and two representatives of the Kodiak Island Borough, to the subdivision to discuss possible alternatives that would be acceptable to ADF &G. Based on that meeting, the applicant agreed to adjust the size of the building pad in Lot 3 from the original proposed 100 x 100 feet to a new dimension of 110 x 95 feet, as well as rotating the placement of the pad (see attached diagram). This will reduce the encroachment of the building pad into the buffer or "Easement for Salmon Stream ". along Panamaroff Creek. In addition, the 50 -foot wide buffer will be reduced by 15 feet in width, only in Lot 3 around the building pad, to eliminate any encroachment of the building pad into the buffer. The buffer will remain 50 -feet wide along on both sides of Panamaroff Creek through the remainder of the Panamaroff Creek Estates subdivision (Plat 2006 -13). Assuming all parties agree to the terms laid out at the April 3, 2009 meeting in Kodiak, ADF &G has no objection to the revised proposal as described above and as depicted in the attached diagram. Thank you for the opportunity to review and comment on this proposal. If you have questions or would like to discuss this further. please feel free to call or email r Sincerely. 2 % • Joseph Giefer j Habitat Biologist II cc: L. Schwarz, ADF &G E. Simpson, ADF &G S. Schrof, ADF &G W. Frost, ADF &G B. Cassidy, KIB D. Dvorak, KIB C. Ballard, DCOM R. Budnik, ACOE C. Lynch .. .slu ll manage. protect. maintain, improve. and extend the fish, game and aquatic plats resources of the stale in the interest of the economy and general dwell -being of the -crate" Case S12 -003 Public Hearing Page 7 of 9 Public Hearing Item 7 -C n �r n P &Z August 17, 2011 � ' �' { v } SARAH PALIN, GOVERNOR W I�jl I 333 Raspberry Road DEPARTMENT OF FISH AND GAME Anchorage. AK 9951 8-1599 PHONE (9071 267.2342 FAX (907) 267 -2464 Division of Sport Fish January 30, 2009 Ms. Sheila Smith Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, AK 99615 Subject: Request for Easement Vacation, KIB Case S09 -014 The Alaska Department of Fish & Game (ADF &G) has reviewed the request to vacate a portion of the 50 foot wide "Easement for Salmon Stream" along both banks of Panamaroff Creek and dedicated by the Panamaroff Creek Estates subdivision (Plat 200643) and located within Section 1, T. 29 S., R. 21 W., S.M., AK. The applicant has requested that the easement be reduced by 30 feet on each side of Panamaroff Creek, leaving a 20 -foot wide easement remaining on each bank of the creek. Panamaroff Creek (AWC #259 -22- 10026) has been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS 16.05.871(a). Panamaroff Creek and its unnamed tributaries are important spawning and rearing habitat for coho, pink and chum salmon. ADF &G objects to the easement vacation as proposed. Our records indicate that between 2004 - 2006 there was extensive coordination with the land owner's agent during the preliminary plat review for the creation of Panamaroff Creek Estates subdivision from Tract 0, Russian Creek Alaska Subdivision. As a result, the 50 -foot wide buffer was established to protect the fish resources, habitat and water quality of Panamaroff Creek through the Army Corps of Engineers (ACOE) permitting process in coordination with ADF &G. The preliminary approval to create the Panamaroff Creek Estates subdivision, issued on May 17, 2006 by the Kodiak Island Borough Planning and Zoning Commission, was conditional on the designation and platting of a 50 -foot wide stream buffer on each bank of Panamaroff Creek as required by the U.S. Army Corps of Engineers. ADF &G supports this requirement and no new information is provided that relieves the land owner of the requirements of the conditions of the previous plat approval or justifies the requested reduction in width of the stream easement. During the previous review, the petitioner provided both the ACOE and the KIB with projected building footprints and an engineer's assessment that determined that the proposed lots would fit within the parcels as proposed and not infringe on the 50 -foot wide stream buffer. KIB staff had reservations about this and recommended that lots 2 & 3 be combined to provide for adequate building area. The ACOE recently (October 2008) amended their permit 2008 - 1228 to allow for the movement of a single pad on lot 2, thirty feet closer to the stream. This, however, was done without '.. shall manage, protect. maintain, improve. w extend the fish. game amt m1umie plum In resources of the state in the interest of the economy and general well -heing of the slate" Case S12 -003 Public Hearing Page 8 of 9 Public Hearing Item 7 -C P &Z August 17, 2011 Sheila Smith January 30. 1-0IX the benefit of review and comment by ADF &G. Had ADF & G commented on the proposed pad movement we would have been opposed to the incursion into the stream protection easement. Further, the perceived need to relocate a single pad on one lot within the stream protection easement is not sufficient cause to reduce the width of the stream protection easement along the entire length of the stream through the parcel. The physical characteristics of the parcel that required the stream protection easement in the 2004-2006 preliminary plat review and ACOE permitting remain the same in January of 2009. and our position continues to be that the stream protection easement is necessary for the proper protection of fish resources. their habitat and water quality. In addition., specific development of these parcels would likely need to undergo individual ACMP or ACOE reviews by each landowner. Any work conducted on these lots that occurs below ordinary high water, any work that may Ilse. divert, obstruct, pollute or change the natural flow or bed of a Panamaroff Creek or it's tributaries. or any activity that uses wheeled, tracked. or excavating equipment in the bed of Panamaroff Creek and its unnamed tributaries will require a Fish Habitat Permit from the Alaska Department of Fish and Game, Division of Habitat. As yet. no Fish Habitat Permits have been requested nor issued associated with this development. Current ACMP standards for protection of anadromous fish streams require that impacts to vegetation within a 100 foot wide riparian management area be avoided, minimized or mitigated for. It would be unreasonable to create a situation wherein future landowners believe they could build within 20 feet of the stream (if the reduction in easement width is approved) and then in fact might not be able to due to permitting restrictions. Thank you for the opportunity to review and comment on this proposal. If you have questions or would like to discuss this further. please feel free to call or email me. Sincerely. • ( Joseph Giefer Habitat Biologist cc L. Schwarz, ADF &G S. Schrof, ADF &G W. Frost. ADF &G C. Ballard, DCOM B Cassidy. KIB FL Martinez, ALOE Palle Case S12 -003 Public Hearing Page 9 of 9 A vacation, according QD KIBC 16 60 fb allow p reduction Ilia width &N OM trait existing 50-foot "Easement flySalmon Stream "CBdepicted Case S09 - 014 atR (32006 - essentially creating p 50 -foot buffer area along Owner; gd Gondek Ea sides ci Panamaroff OD Cm) reduced (Cij width Q Agent: @C ao Lao sides gQ Panamaroff @lita a reduction n Mat oo sides I;,e (I 9 Ili" i lipaallt 1 i Errf)\--‘ ---,-, \, ®® o Ar / . rsifr,P* anal , 1 Feet 0 500 1,000 1,500 2,000 I I I \ I N Legend 1 1. roads Two Family Residential w 0` E ® Business Multi Family Residential px.� r -� s Conservation Retail Business r�1 t} �f� _ *. H eil .y ° \ Map for the purpose of showing Industrial Rural Residential 1 ��/ the Zoning ng o of the Kodiak Urban a a June, 2005. �I ry �s,� Alaska Highway System, GPS centerline data, / / 2 v (. National Highway System. Highways. Roads, Light Industrial Rural Residential 1 C Streets. Alaska D.O.T. Sept 2002 - g ustr I / i ♦ P t � G tour inf t :USGSvgtal Elevation Model A A Kodiak, Alaska 50 foot intervals, Scale is 1:03,300 [.ly - Natural Use Rural Residential 2 i lk t Created in ArcGIS s NAD 27 State Plane 5 Parcel information is taken from selected fields in the current computerized property records in Public Use SA Split -Lot Zone , ...:.Cr the Assessing Dept. This data has not been recondled with data contained in manual files 14". which may be more up-to-date. Kodiak Island Single Family Residential Borough Community Development Department. Public Hearing Item VI -B MEMORANDUM DATE: February 5, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the February 25, 2009 Regular Meeting CASE: S09 - 014 APPLICANT: Ed Gondek AGENT: Chris Lynch REQUEST: A vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. LOCATION: Lots 1, 2 and 3, Panamaroff Creek Estates; 983, 995, and 1059 Panamaroff Creek Drive. ZONING: RR1- Single- family Residential Fourteen (14) public hearing notices were mailed on January 2, 2009. 1. Minimum lot size: 20,000 Square Feet Compliance: Yes 2. Minimum lot width: 80 Feet Compliance: Yes 3. Existing land use(s): Single- family ResidentialNacant 4. Existing structures on the property: Yes Single- family Dwelling and Accessory Buildings Compliance with setbacks: Yes Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Minimal topography Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes Case S09 -014 /Staff Report Page 1 of 11 P & Z: February 25, 2009 Public Hearing Item VI -B 6. Physical Features: Wetlands, streams, drainage courses: Yes (see comments) Need for driveway /access restrictions: N/A Adequate line of sight: N/A Adequate access for additional traffic volume: N/A Adequate access from a safety standpoint: N/A Neighborhood character: Low /Med Density Residential Double frontage lots: N/A Flag lots: Yes Adequate access for fire apparatus: N/A Utility installation meets Title 13: N/A Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: Yes Compliance: Yes APPLICABLE CODE PROVISIONS Per Kodiak Island Borough Code 16.20.100 Easement. An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. Per Kodiak Island Borough Code 16.20.260 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.20.160 Plat. A map or chart of a surveyed subdivision of land. A. Sketch. An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing features of a site and its surroundings and the general layout of a proposed subdivision. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Case S09 -014 /Staff Report Page 2 of I 1 P & Z: February 25, 2009 Public Hearing Item VI -B Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 — Additional Approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under section 16.90.010 of this title. Per Kodiak Island Borough Code 17.03.010 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. 17.03.020 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. 17.03.030 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. 17.03.060 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 a form 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, Case S09- 014 /Staff Report Page 3 of 1 1 P & Z: February 25, 2009 Public Hearing Item VI -B suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code 303(d) and (e), as currently adopted under section 15.02.020 of this code). B. ' ....' COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy 8 -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 w aters Policy 8 -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 F 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 F C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: "Coastal waters" apply only to waters with a measurable amount of salt water. Case S09- 014 /Staff Report Page 4 of 11 P & Z: February 25, 2009 Public Hearing Item VI -B 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, however, the site is already disturbed due to the placement of substantial fill material in anticipation of development. Completion of development will involve a 'combination of site landscaping and natural revegetation? 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 projectlocation is not located in a steep slope area or identified as within an erosion hazard areal 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? 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 r 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. The request does not.involve a designated recreation areal b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, Case S09 -014 /Staff Report Page 5 of 11 P & Z: February 25, 2009 Public I learing Item VI -B 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 in an area where a weir is likely be placed f 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) F 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 114.2500) 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. 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 114.2500) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Case S09- 014 /Staff Report Page 6 of 11 P & Z: February 25, 2009 Public Hearing Item V1 -B Consistency :Not Applicable. The project is not located in an area identified for the study, understanding or iUustration of history and prehistory under 11 AAC (114.2500)) 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. C onsistency: Not Applicable_The project does not involve extraction of sand and gravel resources f 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 4.52 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 Case S09- 014 /Staff Report Page 7 of 11 P & Z: February 25, 2009 Public Hearing Item V1 -B REVIEW AGENCY COMMENTS Fire Marshall — No comments City of Kodiak Building Officials — No Comments Womens Bay Fire Hall — No Comments Womens Bay Community Council — No Comments Womens Bay Service Area Board of Supervisors — No Comments U.S. Fish and Wildlife Service — No Comments Island Cable TV — No comments Alaska Communications System — No objections Kodiak Electric Association Engineering Department — No objections Alaska Department of Fish & Game — ADF &G, in a letter dated January 30, 2009, objects to the proposed vacation of a 30 foot portion of the existing "50 -foot Easement for Salmon Stream" along Panamaroff Creek (both sides of stream) and it's being reduced to 20 -feet in width (both sides of stream). STAFF COMMENTS The petitioner has requested the partial vacation of a platted easement (per plat 2006- 13), establishing a "50 foot easement for salmon stream" located on both sides of Panamaroff Creek and asking that the easement be reduced to 20 feet on both sides of the creek. The purpose of this request is intended to allow ease of development for new residential buildings to be developed on Lots 2 and 3 of the Panamaroff Creek Subdivision. Lots 1 and 4 are currently developed for single - family residential use. The petitioner has indicated through U.S. Corps of Engineers (COE) correspondence a need to locate building pads within 20 feet of Panamaroff Creek in order to provide ease of development in obtaining the necessary separation distances required by the Alaska Department of Environmental Conservation (ADEC) for on -site well and septic systems. Although the entire easement is being requested for reduction, the focus of this request is presumed to be on the undeveloped Lots 2 and 3. Case S09 -014 /Staff Report Page 8 of 11 P & Z: February 25, 2009 Public Hearing Item VI -B The petitioner indicates that there was "confusion between the COE regarding property ownership and existing earth movement that had taken place on the property ". In the original COE submittal, dated August 1, 2004, the petitioner requested approval of a five (5) lot subdivision which would require the creation of proposed artificial ponds in order to drain surrounding wetlands and provide additional material for building up the proposed development sites. On October 1, 2004, the COE issued a notice of violation for the placement of .25 to .30 acres of fill on proposed Lots 4 and 5 of the original subdivision concept. (Lots 4 and 5 later became Lot 4 on Plat 2006 -13.) The petitioner then submitted a preliminary plat for a four (4) lot subdivision on March 1, 2005 along with a packet of information including a stamped engineering assessment of the well and septic potential on Lots 1 through 4, percolation tests, a U.S. Army Corps of Engineers permit to allow fill activity in accordance with Nationwide Permit (NWP) No. 39 and a COE approved wetlands delineation prepared by HDR Alaska. NWP No. 39 allows fills and disturbance of wetlands up to 1/10 of an acre subject to certain predetermined conditions. The permit was subject to Regional and General Conditions of NWP No. 39 and with Regional Conditions A -F, I, J, L -O and V being specifically called out as applicable to this project. (see attachments) Staff notes that the 50 -foot salmon stream buffer was already identified on the preliminary plat by the petitioner at the time of submittal. Staff attributed this to the COE review and permit process. A review of NWP No. 39 conditions included in the packet submittal, indicated the following: NWP No. 39. ... j. If there are any open waters or streams within the project area, the permittee will establish and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to those open waters or streams consistent with General Condition 19. Deed restrictions, conservation easements, protective covenants, or other means of land conservation and preservation are required to protect and maintain the vegetated buffers established on the project site. (emphasis added) General Condition 19. Mitigation. ... (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.q., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open water exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g. stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may Case S09- 014 /Staff Report Page 9 of I 1 P & Z: February 25, 2009 Public I- tearing Item VI -B waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (emphasis added) So while the 50 -foot stream buffer was already shown on the preliminary plat submittal staff recommended, and the commission approved, a condition of approval to depict the stream buffer as an easement on the final plat in accord with the preceding conditions of NWP No. 39. The condition requiring the creation of the buffer as a platted easement was also in recognition of the fact that borough code does not define a "buffer" or "greenbelt" in any enforceable way. Staff also included a recommendation at the time of preliminary plat review to combine proposed Lots 2 and 3 into a single lot as the delineated wetlands, the salmon stream buffer, and the odd shape of the remaining uplands created some fairly substantial development challenges despite the fact that building sites were shown on the preliminary plat and the ADEC engineering assessment provided assurances that all on- site well and septic standards could be met. The petitioner has submitted a new COE determination dated October 7, 2008 indicating that a change in plans to locate a building pad 30 feet closer to the stream would not require a COE permit as all of the proposed development would be taking place on the uplands. Other than referencing the original permit number it is not clear how this determination relates to the original decision to allow filling within the subdivision subject to NWP No. 39. The ADF &G Habitat division has indicated strong objection to the vacation. Through phone calling staff determined that ADF &G staff did not wish to modify their position with a compromise proposal, however they did indicate that if the Commission were to grant any relief it should be in the form of a "keyhole" vacation that would provide just enough room for a building pad incursion into the stream buffer easement and that it should be made clear up front that this action would indeed allow for an ADEC compliant septic drainfield. There was concern that even if a partial vacation were granted that a subsequent developer might still have challenges to overcome that might result in having to revisit this case further in a subsequent review. If staff were to make a recommendation now, it would be for denial of the requested vacation based on the objection of ADF &G Habitat Division. In past vacation requests staff has always deferred to those agencies with the technical expertise to address environmental issues. True ADF &G's rationale may be a little different from the U.S. Army Corps of Engineers, i.e, fish habitat vs. wetlands management, however they both have participated in the original subdivision review and at least ADF &G still feels the 50- foot salmon stream easement is an appropriate mitigation to remain in place given the potential development and activity that will be occurring within this subdivision. Staff is not going to make a recommendation at this time however. Staff recommends postponement of this case in order to allow the petitioner to perhaps clarify the request in light of this new information and to develop new information to show conclusively that the requested vacation will, in fact, provide the relief to accommodate ADEC standards for on -site septic system development. Case S09- 014 /Staff Report Page 10 of I I P & Z: February 25, 2009 Public Bearing Item VI -B RECOMMENDATION Staff recommends that this vacation request be postponed until the March 18, 2009 regular meeting. APPROPRIATE MOTION Move to postpone Case S09 -014 until the March 18, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed information related to the need for the vacation and specifically showing what level of requested relief is necessary to accommodate ADEC requirements for on -site septic system development. Case S09 -014 /Staff Report Page 11 of 11 P & Z: February 25, 2009 1..7,7 SUBDIVISION APPLICATION '::fa KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION Applicant's name: E -Lk (1.51Qr�b \t� Applicant's mailing address: c t £iii• 1417_,--- }vz City: '' \.Sti� State: ZIP: qi UU \s FIome phone: Work phone: i If applicable, agent's /surveyor's name: \/1(1,5 y) '( 1 . / Agent's /surveyor's mailing address: 1 1.C1 ' ,i • ; `/ City: V1Y\lGl� State: y c\L__ ZIP: 9‘162 us" Home phone: Work phone: ,S�1 149 PROPERTY INFORMATION . Property ID Number's: R 04 DOD ISD( 2 n 9 n� r� 1 rx (")? i P m .4mn t h 3 Current legal description: 'Yale ((Y�A eV 1:4, ('.� (S(/r I 1C-y\ lt; 1 #3 1 ; i Proposed legal description: 64 me i r i Subdivision i STAFF USE QTLY s i�; ^ `1H Payable in Cashier's Office ._S itlzN lN: "'.:';4 Room #104 1 Preliminary plat (up to 12 liots)`iKIBC= 1'6 1 Fee Schedule: Abbreviated plat KIBC 16.30 p g ; li (per RIB Assembly Resolution 7: Vacation KIBC 16.61 Eft. July 1, 21105) Waiver KIBC 16 0.0 1 _. . n / ' Abbreviated Plat $300.110 Va cation $354.04 Staff signature Waiver * /5.111 Date: 1 2134 r / L N 1 : \CD \Templates \ComDev\Forms\F - Revised Subd Application 7_I3_05.DOC nog 0l y 7/13/2005 Subdivision Application Reduce Easement Supplemental Information Property 11) Number: R9004000150 Legal Description: Panamaroff Creek Estates Subdivision, Lots 1 — 3 Owner proposes to reduce the 50 foot easement on both sides of Panamaroff Creek to 20 foot in order to provide for ease in building construction so as to meet the distance requirements for well and septic systems on said properties. Sketch is attached, orange is proposed easement area. The original Corps of Engineers permit for this property was filed in 2004. At the time there was a lot of confusion between the COE regarding property ownership and existing earth movement that had taken place on the property. We believe that this 50 foot easement is a carryover from the original permit submittal. A final determination providing authorization under Nationwide Permit No. 39 was issued in 2005. We have contacted the COE to confirm that this was not their final requirement and they concurred. Attached is an email from Sereena Sweet, COE Project Manager as well as a formal letter stating that this would be within our permit requirements. Also attached is an email from Duane Dvorak stating he thought that the easement might be part of the NWP mitigation. Since the COE states that the requirement is not theirs then this could not be part of any mitigation. All COE permit requirements will still be met. No construction or fill will occur in any wetlands. } -,- rs. 1 1/ _ . �` it n � �- . /�, � �' 1 . Y . y ., 9 :� s: ° y ,. - , . ..__ . v / J i fTLA,V as v J1. „, . )' n � / f W - til" :k ^ /. l l y.. ,% - -- 2,45;ACRES - ;0 —:� . 5G A� E E . \ (0.45 4c) w. , s__;. ,, ,,..c0-: - Sr0 AC)W. t 4, • --- 4 f . 1 ` mo w . ''''-± Y� ,4 /I-CPE � � t„„ l NO : vGTLA S . '< s: h ` \Y s t N • ; � ' ,, '" � / .I, _7" ,acc s un[,ry � * Sl °e . . l .EASE � N. `.. r . ... = = : . -� _ OF 7 Ba YISS]N � .. '' •," t : _ _ ly s1 -- --...1'21.33Q- , I 1 'aV — y N. � •,— ., 08 - - Nr 1 : -; i 41 �; , x , ?. - � : ••._,: _ " ' , t O �' c}. 50 'E 4J5 r ;pJ/7'.��' / \ ".;;, ,j , Yy • -- 1 _ o h ' L'OR SALMON SIRtAM \ { • �' Y p ly • ^ 1 R _ a, I 1! ( Az y . 1 . i . .?„ • ykes - 1� U /I writ VJO G I C P D c> ti , � " J ,� c t t 7 , �,u � ' .2.04 ACRES r. , 1 • ` ',-' - 2 - 27 -ACRES , 0 .p .t l ` (0.04- Ac N\ a r A - (O.98' Ac) W. y0 e ..,1: `r " e.. ` � '.:2-......_ . -,.,.. 0 / 42 : 1 .; — 4.) . ri • a 1 ■ \ * ..% J,,, is 'a: � 4 , 3 q • - ; A . 04'57'06 n 01.5 • o to t Q 1,, 'X Qua d : 04"2.1.25:11: ' • b !o � L= 96.46: ° 1 �� ..---7*--- _� -- ��' /79. /0' - f `'- -^ % >e 1, _ .,1.m..-9A.. � 5 78 - • N 8 9 °- Z9'SS °r1� ^ te a , n ° 3r , 5 ; d - - ; _ t 0/..02 L.12 3 J I L= E€2,27 I i 1 F , DEPARTMENT OP THE ARMY °� U.S. ARMY ENGINEER DISTRICT, ALASKA REGULATORY DIVISION P.O. BOX 6898 '4n \m REPLY C�- " "�� ELMENDORF AFB, ALASKA 99506-0898 . ATTENTION OR Regulatory Division POA- 2008 -1228 OCT 0 7 2D08 Mr. Ed Gondek Post Office Box 1412 Kodiak, AK 99615 -1412 Dear Mr. Gondek: This letter concerns the proposed change to project plans for permit number POA- 2004 -1228, Russian Creek, to move a building pad 30 feet towards a neighboring stream in order to ensure the proper distance of a septic tank from the stream. The project site is located within Section 1, T. 29 S., R. 21 W., Seward Meridian; USGS Quad Map Kodiak C -2; Latitude 52.697 N., Longitude 152.574 W.; near Kodiak, Alaska Based on our review of the information you provided, we have determined that although the subject property contains waters of the United States (U.S.), including wetlands, your proposed project would be located in an upland area on the property. Therefore, a DA permit is not required. However, a permit may be required if you alter the method, scope, or location of your proposed work; you should contact us if you make changes to your project. Section 404 of the Clean Water Act requires that a DA permit be obtained for the placement or discharge of dredged and /or fill material into waters of the U.S., including jurisdictional wetlands (33 U.S.C. 1344). The Corps defines wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Section 10 of the Rivers and Harbors Act of 1899 requires that a DA permit be obtained for structures or work in or affecting navigable waters of the U.S. (33 U.S.C. 403). Section 10 waters are those waters subject to the ebb and • flow of the tide shoreward to the mean high water mark, and /or other waters identified by the Alaska District. Nothing in this letter excuses you from compliance with other Federal, State, or local statutes, ordinances, or regulations. You may contact me via email at roberta.k,budnik @ usace.army.mil, by mail at the address above, by phone at (907) 753 -2785, or toll free from within Alaska at (800) 478 -2712, if you have questions. For additional information about our Regulatory Program, visit our web site at www.poa.usace.army.mil /reg. Sincerely, T) Roberta K. Budnik Regulatory Specialist • 1 Chris Lynch From: Sweet, Serena E POA [Serena.E.Sweet @usace.army.mil] Sent: Friday, July 25, 2008 1:06 PM To: Chris Lynch Subject: RE: POA- 2004 - 1228 -D Chris - I have looked at our authorization for the parcels. It appears that the buffer was a requirement from the Borough. As long as that applicant remains within the upland boundaries shown on the lot map and does not impact the stream below ordinary high water, he may move the building pad within additional authorization from the Corps. I would recommend that he contact the Borough to see if they have any additional requirements. If the owner would like something more official than this email, have him give me a call. Serena E. Sweet Project Manager 1 (907) 753 -2819 U.S. Army Corps of Engineers CEPOA -RD -S P.O. Box 6898 Elmendorf AFB, AK 99506 -6898 Fax: (907) 753 -5567 Email: Serena.E.Sweet(tusace.army.mil www.poa.usace.army.mil /reg Original Message From: Chris Lynch [ mailto :chrislynch @acsalaska.net] Sent: Monday, July 21, 2008 10:56 AM To: Sweet, Serena E POA Subject: POA -2004- 1228 -D Hey, I got a call from the owner of the property that the above permit was issued for. He sold Lot 1 and Lot 4 but never did any improvements. Now he wants to put in the driveway to Lot 3 and the building pad. He would like to reduce the buffer to 20 feet for a length of 150 feet in order to get the proper distance from the stream for the septic system. This would be accomplished by moving the building pad toward the stream. Can he do this? What would be the procedure? Thank you. Chris Lynch 1 Chris Lynch From: Duane Dvorak [ddvorak @kodiakak.us] Sent: Monday, July 28, 2008 5:24 PM To: chrislynch @acsalaska.net Subject: gc05.pdf - Adobe Acrobat Standard Attachments: gc05.pdf - Adobe Acrobat Standard.pdf Hi Chris, based on your question today about the 50 foot stream buffer on the Subdivision of Tract 0, I downloaded a copy of the general NWP requirements and use a "word search" to find what appears to be the original basis for the buffer requirement by U.S. Army Corps of Engineers (USCOE). The highlighted text on page 6 of 9 (Section 19(f) Mitigation) looks like the rationale behind for the buffer that appears on the preliminary plat that was submitted. It also references using easements or deeds to institutionalize the buffer designation which borough staff did recommend through the plat review process. Through the vacation and replat process we will be required to notify the USCOE to provide comment on the change. Given that the original buffer requirement appears to fall under the heading of "mitigation" in the general NWP requirements, it is possible that USCOE may ask for some other kind • of mitigation in another area. You might want to consider the possibility with your client or discuss it with current USCOE personnel to determine how they may react when the opportunity to comment arrives on the proposed buffer easement vacation request. Thanks, - -Duane 0 0 % Kodiak Island Borough A - �� Community Development Department t // A - � \ * 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 aF. May 26, 2006 Ed Gondek PO Box 1412 Kodiak, AK 99615 Re: Case S06 - 014. Request preliminary approval, .in accordance with KIBC 16.40, of the subdivision of Tract 0, Russian Creek Alaska Subdivision creating Panamaroff Creek Estates, Lots 1 thru 4, U.S. Survey 2539. The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract '0,. U.S. Survey 2539, and it is zoned B- Business (Rezone investigation to RR1- Rural Residential One pending). Dear Mr. Gondek: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 17, 2006, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plan of the Borough Code: CONDITIONS OF APPROVAL 1. Place a note on the final plat referencing the U.S. Army Corps of Engineers (COE) wetland jurisdictional determination by its assigned COE file number and the authorization under Nationwide Permit (NWP) No. 39 and indicating the applicable conditions of that approval by the letter designations referenced in the COE letterdated June 6, 2005. 2. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 3. Place a note on the plat prohibiting the flag lots from further subdivision as required by KIBC. 4. The plat will not be granted final approval until a rezone of Tract 0 to RR1-Rural Residential One is approved by the KM Assembly. 5. Designate the flag stem access as a utility easement as requested by KEA and ACS. 6. Designate the 50 -foot stream buffer depicted on the preliminary plat and required by the U.S. Army Corps of Engineers as an easement on the final plat. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this • NO OBJECTIONS r JAN %1 3 2009 :129 � ALAS - ! COM 1 � NICATIONS SYSTEMS i r BY: = ,, P z e // DATE: P3 J nP4MUNIl � 1 OP, dT D[PiR; ri ti { I - _1 — 1 \ R B y r . 3 a _,. - s ilA,p wa e L v� �.__ \ 2.45;ACR�� 9. �' V N C. t ' - \- � I • ,-, 4-.. \ WE r..„,, )$ 1 v 6451Mg �nic asi / .. N I , t 3 34. - O8 -k "~ .k, d a , - "4. � .\ 1 T c ` ' 50 ' 6ASr_ kl0/7 ' �V : I c. o- '" `, ; filR SALMO SA� "A.Ut t \'• 1. i x \ e LOT 2.04 ACRES , s • �Lse - � - .1G , ,-...,9- ': ` \� � - - -- d' ' 0OstiC, 50 64, 2Cti�a5 'k'' st A h n ea,, , ( Y 1 �� :2 �4°¢. 11 1 q Y "' 1 ., t; �3° F9'SS °iY • ! /I °�i 5 d•t1t r£ I ■ �C CRIE ,t...-..----...-- t - © R . - - 1 � — - -�� PAMAR1AROC-, , . �{L t:n °LAG' 3 . 8 - • L d 2C 33 L." 2.r1.,�1 ( 1 1 1 I 1 i s k) ,..., _d • .. J f� u SARAH PAIfN, GOVERNOR 333 Raspberry Road DEPARTMENT OF FISH AND GAME PHONr(907)267-2342 ge. A 995-1 599 FAX (907) 267 -2464 Division of Sport Fish January 30. 2009 rI 7 _ { i 3 • FEB - 3 2009 • Ms. Sheila Smith • L. ... Kodiak Island Borough -„ Community Development Department 710 Mill Bay Road Room 205 Kodiak, AK 99615 Subject: Requestfor Easement Vacation, KIB Case S09 -014 The Alaska Department of Fish & Game (ADF &G) has reviewed the requesttovacate a portion of the 50 foot wide "Easement for Salmon Stream" along both banks of Panamaroff Creek and dedicated by the Panamaroff Creek Estates subdivision (Plat 2006 -13) and located within Section 1, T. 29 S., R. 21 W., S.M., AK. The applicant has requested that the easement be reduced by 30 feet on each side of Panamaroff Creek, leaving a 20 -foot wide easement remaining on each bank of the creek. Panamaroff Creek (AWC #259 -22- 10026) has been specified as being important for the spawning, rearing. or migration of anadromous fish pursuant to AS 16.05.871(a). Panamaroff Creek and its unnamed tributaries are important spawning and rearing habitat for coho, pink and chum salmon. ADF &G objects to the easement vacation as proposed. Our records.indicate that between 2004 - 2006 there was extensive coordination with the land. owner's agent during the preliminary plat review for the creation of Panamaroff Creek Estates subdivision from Tract O,. Russian Creek Alaska Subdivision, As a result. the 50 -foot wide buffer was established to protect the. fish resources,. habitat and water quality of Panamaroff Creek through the Army Corps of Engineers (ACOE) permitting process in coordination with ADF &G. The preliminary approval to create the Panamaroff Creek Estates subdivision, issued on May 17, 2006 by the Kodiak Island Borough Planning and Zoning Commission, was conditional on the designation and :platting of a.50- footwide- stream buffer on each bank of Panamaroff Creek as required by the U.S..Army Corps of Engineers. ADF &G supports this requirement and no new information is provided that relieves the land owner of the requirements of the conditions of the previous plat approval or justifies the requested reduction in width of the stream easement. During the previous review, the petitioner provided both the ACOE and the KIS with projected buildingfootprints and an engineer's assessment that determined that the proposed lots would fit within the parcels as proposed and not infringe on the 50 -foot wide stream buffer. KIB staff had reservations about this and recommended that lots 2 & 3 be combined to provide for adequate building area. The ACOE recently (October 2008) amended their permit 2008 -1228 to allow for the movement of a single pad on lot 2, thirty feet closer to the stream. This, however, was done without • .. shaft manage, protect, maintain_ anprot'e, and &wend the fish, game and aquatic plant j resources of ille .state. in the interest of the economy and general wen of the stale" y.,. ,.. • Sheila Smith January 30, 2008 the benefit.of review and comment by ADF &G. Had ADF &G commented on the proposed pad movement we would have been opposed to the incursion into the stream protection - easement. Further. the perceived need to relocate a single pad on one lot within the stream protection easement is not sufficient cause to reduce the width of the stream protection easement along the entire length of the stream through the parcel. The physical characteristics of the parcel that required the stream protection easement in the 2004 -2006 preliminary plat review and ACOE permitting remain the same in January of 2009, and our position continues to be that the stream protection easement is necessary for the proper protection of fish resources, their habitat and water quality. In addition, specific development of these parcels would likely need to undergo individual ACMP or ACOE reviews by each landowner. Any work conducted on these lots that occurs below ordinary high water, any work that may use, divert, obstruct, pollute or change the natural flow or bed of a Panamaroff Creek or it's tributaries, or any activity that uses wheeled, tracked, or excavating equipment in the bed of Panamaroff Creek and its unnamed tributaries will require a Fish Habitat Permit from Alaska Department of Fish and Game, Division of Habitat. As yet, no Fish Habitat Permits have been requested nor issued associated with this development. Current ACMP standards - for protection of anadromous fish streams require that impacts to vegetation within a 100 - foot wide riparian management.area be avoided, minimized or mitigated for. It would be unreasonable to create a situation wherein future landowners believe they could build within 20 feet of the stream (if the reduction in easement width is approved) and then in fact might not be able to due to permitting restrictions. Thank you for the opportunity to review and comment on - this proposal. If you have questions or would like to discuss this further, please feel free to call or email me. Sincerely... } "1 • , l Joseph Giefer Habitat Biologist cc: L. Schwarz, ADF &G S. Schrof, ADF &G • W. Frost, ADF &G C. Ballard, DCOM B. Cassidy. RIB H. Martinez, ACOE Page 2 Sheila Smith From: Schrof, Stephen T (DFG) [steve.schrof @alaska.gov] Sent: Friday, January 30, 2009 1:59 PM To: Giefer, Joe (DFG) Cc: Frost, William D (DFG); Schwarz, Leonard J (DFG); Ballard, Christine A (DNR); Martinez, Heather L POA; Bud Cassidy; Simpson, Ellen M (DFG); Weiss, Edward W (DFG); Sheila Smith Subject: RE: KIB Case S09 -014 Joe, Thanks for the information. The Kodiak ADF &G, Commercial Fish Division was not notified of this request and support maintaining the 50 ft. wide buffer as specified in your letter. Steve Steve Schrof Regional Resource Development Biologist Alaska Department of Fish and Game Division of Commercial Fisheries 211 Mission Road Kodiak, Alaska 99615 phone: (907) 486 -1852 email: steve.schrof(a alaska.gov From: Giefer, Joe (DFG) Sent: Friday, January 30, 2009 1:35 PM To: ssmith(lkodiakak.us Cc: Frost, William D (DFG); Schrof, Stephen T (DFG); Schwarz, Leonard J (DFG); Ballard, Christine A (DNR); Martinez, Heather L POA; Bud Cassidy; Simpson, Ellen M (DFG); Weiss, Edward W (DFG) Subject: KIB Case S09 -014 Sheila Smith, Please see the attached comments regarding the proposed easement vacation in the Panamaroff Creek Estates Subdivision. Thank you. JOE GIEFER HABITAT BIOLOGIST ALASKA DEPT. OF FISH & GAME DIVISION OF SPORT FISH ACCESS DEFENSE 333 Raspberry Rood. Anchorage AK 99518 907 - 267 -2336 c< File: KIB_S09 -014 comments.pdf» 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 18, 2009. 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: S09 -014 APPLICANT: Ed Gondek AGENT: Chris Lynch REQUEST: An easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50 -foot "Easement for Salmon Stream" as depicted on Plat 2006 -13, essentially creating a 50 -foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20 -feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. LOCATION: Lots 1, 2 and 3, Panamaroff Creek Estates; 983, 995, 1059 Panamaroff Creek Drive ZONING: RRI -Rural Residential One 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, February 11, 2009, a work session will be held at 7:30 pin. 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: _al r --------tt a6. Mailing Address: Your property description: k Comments: \ • i r Mt J im 6f ili ii JAN 2 0 2009 i .1 I COMMUNITY DEVELOPMENT DEPARTMENT ----_ .. -..I Si i ak: « «,. (907)486 7700 Box 787,,y, �� C' J KODIAK, ALASKA 99615 , January 7, 2009 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plat sent to us for review under your cover letter dated January 2, 2009: Case 509 -014. Request an easement vacation to allow a reduction in width of an existing 50 foot to 20 foot on each side of Panamaroff Creek on Lots 1. 2. and 3 as shown on the sketch. No comment. Thanks for the opportunity to comment. • Sincerely, ?Ann-, im Devlin Engineering Manager a til) I) I ,`nk _ - JAN 1 2 2009' i rr. _... kiOM i vr"4 1OPM VT ^i PA .. Kib 010709.wptl - U.S. Army Corps Submittal and Approval from Subdivision Case S06 -014 4C' L . • DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 6898 ` A` / ELMENDORF AFB, ALASKA 99506 -0898 fAs pt■ REPLY TO ATTENTION OF 0 6 24Ob Regulatory Branch East Section POA -2004- 1228 -D Mr. Ed Gondek Post Office Box 1412 Kodiak, Alaska 99615 -1412 Dear Mr. Gondek: This is in response to your application for a Department of the Army (DA) permit to subdivide Tract 0, of the Russian Creek Subdivision to create four new lots. The proposed project is located within section 1., T. 29 S., R. 21 W., Seward Meridian; Latitude 57.697° N., Longitude 152.574° W.; near Kodiak, Alaska. It has been assigned file number POA -2004- 1228 -D, which should be referred to in all future correspondence with this office. DA permit authorization is necessary because your project would involve placement of dredged and /or fill material into waters of the U.S. under our regulatory jurisdiction. Based upon the information and plans you provided, we hereby verify Chat the work described above, which would be performed in accordance with the enclosed plan (sheets [1 -7]), dated May 16, 2005, is authorized by Nationwide Permit (NWP) No. 39, Residential, Commercial, and institutional Developments. For your convenience, a copy of NWP No. 39 and its associated Regional and General Conditions have been provided as an enclosure. Regional Conditions A -E, I, J, L -O, and V apply to your project. You must comply with all teens and conditions associated with NWP No. 39. Further, please note General Condition 14 requires that you submit a signed certification to us once any work and required mitigation are completed. Enclosure 1 is the form for you to complete and return to us. This verification will be valid for two years from the date of this letter, unless the NWP authorization is modified, suspended, or revoked. Please take a moment to complete and return the enclosed questionnaire. Our interest is to see how we can continue to improve our service to you, our customer, and how best to achieve these improvements. Upon your request, you may also provide additional comments by telephone or a meeting. We appreciate your efforts and interest in evaluating the Regulatory Program. 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. 2 -2- Please contact me at the letterhead address, ATTN: CEPOA- CO -R -E, at (907) 753 -2720, toll -free from within Alaska at (800) 478 -2712, or by fax at (907) 753 -5567, if you have any questions. For additional information about our Regulatory Program, visit our web site at www.poa.usace.army.mil /reg. 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L, / - -.' r� �i 1, I __ / fri . r<01)1 AK !SUN° BOROUGH \ Y V' �� rd - *- / \ , r r . � 1 \ 1 1 5 rDU a(rS$ MAP � � � J � � ' � : - _r.�- -'—.'� 4 n �L \ \V �, ! ff on» nm. �! , I �, . n ¢i.W a v.- r \.•\` _ j f • .u»w a... •mmiw:o. \.i 1 %, - im ✓ r A '. -- a• — _. , area r ,v sn, , / \' � / y , r _ ___ Ii I J d p (j � ( J t 5 i1 � f` j � LOCATION MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet lof4 POA- 2004 - 1228 -4 Mr. Ed Gondek Sheet 2 of 7 May 16, 2005 Ahrnklin River v /P ry ti y am/ N o lib- lat in" i 1 k ICI ` 7 TN . c lir ifi / / /'" % ,.v iii : ,„9„, . /ma - y--/ O x m AN.,„ M1 VICINITY MAP SCALE.:1 "• Goo. VICINITY MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek POA -2004- 1228 -4 Mr. Ed Gondek Sheet 3 of 7 May 16, 2005 Ahrnklin River t '1 ` ts6 . '/tl ' I B -3 . ' r \ � `y t I ��Q � � ` ,..r, Wf1 . / _ • �� • •...... d. t_ ■ . N. (2 A,f lv P ( p l 54G. • a `` G ° �� N , I 0.90 AG W - �,, I ----Abe,- ` � . < 4 i+ �.• .. • J r : �1 � 5 SO E 6EJ O" tip"` %.)". - I t .wi /Pee, as erzt .a — — . u° `G\ \ 1 fi1 _� wlAbol)TpNS \ m N .. t•. • - 1 , / Ni► M LOT I r \\ co lo � i i . t o. t2 AGE W 'a J ,e . y ` (()] 1 - 7 1 ,..,'" On:4n - 4- ,- 11 ;; 0 0 ) _,, '''''''-: 0 ' e ( T i ------ -- --- S - ----CIF EE -- - k_ . . ... 'N S .1:. V NI / I - 1 �_ I •f g o 8 i i' 1 v 3� , rrj- i �/ I N 89 9 — q a QFI POA- 2004- 1228 -4 TOTAL Mr. Ed Gondek 1OTAL L��. E, % 9:'4 Sheet 4 of 7 . TOTAL WETLAMV6 = 3.30 AC. May 16, 2005 Ahrnklin River • . iv /' • SECT' CAN A =A • i • , E . - - -_._ <.. - -- - -- SECTION 0 - ; . io • SECTION c.-.0 • . !D._ _ • r — o z i0 SEGTLOhd. C7 -U i • i • • STI-2 EAn M. X -SEC TioNs • SCALE: /.;!_ /Q , N.; V . TF?ACT 0, RUSS /AN CREEK ALASKA SC/BnIVIS/OA P C.) _ 1.} I r � L , a POA 2004- 1228 -4 - F C- y0 2 L k•c Mr. Ed Gondek \��'�� Sheet 5 of 7 May 16, 2005 Ahrnklin River • Harter ' %+bc-A ?' or r \ k u)' ■` loCs cr°N oa o. C S rt. Scutt& 4' 100 7 i Scatg. t 11 7A k "= to POPS zcOLl J2Z8 tstPo`cant - Ea POA- 2004 - 1228 -4 Mr, Ed Gandek Sheet 6 of 7 May 16, 2005 Ahrnklin River CiuLvE k C e.os<5 1 ni . 1`--- 10' r , %O -----r 1 . L ---TI • +• 1 N C� APS AV4e,C�' :'i r.. woe- Vlo S10FE on eye � . t , tJf ^P rap C b G k. .Sc.+A+_C: i • $ is r-} 1 _ s' `/ >PD# z.o04 -t /p�- E c Vv ` P0A- 2004 - 1228 -4 ' �PP��LAC� n( � X _}�' Mr. Ed Gondek Sheet 7 of 7 May 16, 2005 Ahrnklin River NATIONWIDE PERMIT NUMBER 39 ENCLOSURE 2 Department of the Army Nationwide Permit (NWP) number 39 was issued pursuant to the January 15, 2002, Federal Register: Issuance of Nationwide Permits; Notice (67 FR 2020 -2095) and the February 13, 2002, Federal Register: Issuance of Nationwide Permits; Notice; Correction (67 FR 6692 - 2295), which authorizes: 39. Residential, Commercial, and Institutional Developments. Discharges of dredged or fill material into non -tidal waters of the U.S., excluding non -tidal wetlands adjacent to tidal waters, for the construction or expansion of residential, commercial, and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, stormwater management facilities, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The construction of new ski areas or oil and gas wells is not authorized by this NWP. Residential developments include multiple and single unit developments. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. The activities listed above are authorized, provided the activities meet all of the following criteria: a. The discharge does not cause the loss of greater than Y: -acre of non -tidal waters of the U.S., excluding non -tidal wetlands adjacent to tidal waters; b. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless for intermittent stream beds this criterion is waived in writing pursuant to a determination by the District Engineer, as specified below, that the project complies with all terms and conditions of this NWP and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; c. The permittee must notify the District Engineer in accordance with General Condition 13, if any of the following criteria are met: (1) The discharge causes the loss of greater than 1/10 -acre of non -tidal waters of the U.S., excluding non -tidal wetlands adjacent to tidal waters; or (2) The discharge causes the loss of any open waters, including perennial or intermittent streams, below the ordinary high water mark (see Note, below); or (3) The discharge causes the loss of greater than 300 linear feet of intermittent streambed. In such case, to be authorized the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; d. For discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites; e. The discharge is part of a single and complete project; f. The permittee must avoid and minimize discharges into waters of the U.S. at the project site to the maximum extent practicable. The notification, when required, must include a written statement explaining how avoidance and minimization of losses of waters of the U.S. were achieved on the project site. Compensatory mitigation will normally be required to offset the losses of waters of the U.S. (See General Condition 19.) The notification must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters of the U.S. If an applicant asserts that the adverse effects of the project are minimal without mitigation, then the applicant may submit justification explaining why compensatory mitigation should not be required for the District Engineer's consideration; g. When this NWP is used in conjunction with any other NWP, any combined total permanent loss of waters of the U.S. exceeding 1/10 -acre requires that the permittee notify the District Engineer in accordance with General Condition 13; h. Any work authorized by this NWP must not cause more than minimal degradation of water quality or more than minimal changes to the flow characteristics of any stream (see General Conditions 9 • and 21); • i. For discharges causing the loss of 1/10 -acre or less of waters of the U.S., the permittee must submit a report, within 30 days of completion of the work, to the District Engineer that contains the following information: (1) The name, address, and telephone number of the permittee; (2) The location of the work; (3) A description of the work; (4) The type and acreage of the loss of waters of the U.S. (e.g.. 1/12 -acre of emergent wetlands); and, (5) The type and acreage of any compensatory mitigation used to offset the loss of waters of the U.S. (e.g., 1/12 -acre of emergent wetlands created on- site); j. If there are any open waters or streams within the project area, the permittee wm estaonsn ana maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to those open waters or streams consistent with General Condition 19. Deed restrictions, conservation easements, protective covenants, or other means of land conservation and preservation are required to protect and maintain the vegetated buffers established on the project site. Only residential, commercial, and institutional activities with structures on the foundation(s) or building pad(s) as well as the attendant features are'authorized by this NWP. The compensatory mitigation proposal that is roquircd in paragraph (f) of this NWP may bo either conceptual or dotailod. The wetland or upland vegetated buffer required in paragraph (j) of this NWP will be determined on a case -by -case basis by the District Engineer for addressing water quality concerns. The required wetland or upland vegetated buffer is part of the overall compensatory mitigation requirement for this NWP. It the project site was previously used for agricultural purposes and the farm owner /operator used NWP 40 to authorize activities in waters of the U.S. to increase production or construct farm buildings, NWP 39 cannot be used by the developer to authorize additional activities in waters of the U.S. on the project site in excess of the acreage limit for NWP 39 (i.e., the combined acreage loss authorized under NWPs 39 and 40 cannot exceed Y- acre). SUBDIVISIONS: For residential subdivisions, the aggregate total loss of waters of U.S. authorized by NWP 39 cannot exceed' nacre. This includes any loss of waters associated with development of individual subdivision lots. (Sections 10 and 404) Note: Areas where wetland vegetation is not present should be determined by the presence or absence of an ordinary high water mark or bed and bank. Areas that are waters of the U.S. based on this criterion would require a Pre - Construction Notification (PCN) although water is infrequently present in the stream channel (except for ephemeral waters, which do not require PCNs under paragraph (c)(2), above; however, activities that result in the loss of greater than 1 /10 acre of ephemeral waters would require PCNs under paragraph (c)(1), above). REGIONAL CONDITION A The following geographic areas and waters of the U.S. are excluded from coverage by the indicated NWPs. However, these NWPs may be used in these areas when informal (e.g., telephone) coordination with Federal and State agencies (i.e., EPA, FWS, NMFS, ADEC, ADFG, ADGC, and ADNR) and the affected coastal district(s) confirms that there is no opposition to use of the NWP(s) for the proposed project. If no such consensus can be reached or if the Corps is unable to contact all of the above referenced agencies, then the NWP cannot be used. 1. The Municipality of Anchorage (NWPs 3 6, 12 14, 18, 19, 23, 27, 29, 31, 33, 39, 40, 41, 42, 43, and 44). 2. Areas within and designated as "high value" wetlands in the Horner Wetlands Study Report: Final version [February 1989] (NWPs 3 12 14, 18, 19, 23, 27, 29, 31, 39, 41, 42, 43, and 44). 3. Areas designated as "A" or "8" wetlands in the Juneau Wetlands Management Plan. (NWPs 3 12 14, 18, 19, 23, 27, 29, 31, 39, 40, 41, 42, 43, and 44). 4. Areas under Corps of Engineers jurisdiction that lie within the plan boundaries of the Kenai River Comprehensive Management Plan [KRCMP] (NWPs 3 12 14, 18, 19, 23, 27, 29, 31, 39, 40, 41, 42, 43, and 44), 5. The Matanuska - Susitna Borough (NWP 12 6. Areas in the Northwest Arctic Borough designated as one of the following: Designated Important Resource Areas and Sensitive Use Areas in the district Coastal Management Program. (NWPs 3', 12 13, 14, 18, 19, 23, 27, 29, 31, 39, 40, 41, 42, 43, and 44). -2- • 7. Designated Areas Meriting Special Attention (AMSA) identified in Coastal Zone Management Plans (NWPs 3', 12 14, 18, 19, 23, 27, 29, 31, 39, 40, 41, 42, 43, and 44). 8. Waters documented as supporting anadromous fish, and other jurisdictional areas within 100 feet (measured from Ordinary High Water) of such waters (NWPs 3, 12 13, 14, 18, 19, 27, 29, 31, 39, 40, 41, 42, 43, and 44). Note: For projects under NWP 12 and 14 this exclusion does not apply to perpendicular crossings. 9. Areas which support eelgrass beds (6, 12, 14, 15, 18, 19, 23, and 35). 10. Waters that are listed on Alaska's current Clean Water Act Section 303(d) List of Impaired Water bodies and other jurisdictional areas within 100 feet (measured from Ordinary High Water) of such waters (12, 13, 14, 18, 19, 29, and 39). List of impaired water bodies located at http: / /www.state.ak.us /local /akpages /ENV.0 ON SE RV /dwaq /tmd I /98onepage. htm 'For NWP 3, the exclusions apply only to two activities: a) scheduled maintenance of pipelines where the total area of waters of the U.S. disturbed by the work exceeds 1,000 square feet; and, b) discharges associated with the restoration of upland areas damaged by Floods or similar events, 2 For NWP 12, Utility installations which fit the following terms and conditions may be allowed in the excluded areas when: A. Activities which do not require a PCN: 1. Directional boring within 25 feet of the outer edge of the road prism and more than 100 feet from anadromous fish streams (measured from Ordinary High Water) with a. vaults /junction boxes allowed at 1,000 -foot intervals, which are no more than.8' x 8' x 4', bedded in crushed rock (no more than 70 cubic yards) with a permanent alteration of the wetlands in an area of no more than 20' by 20' and a total vault disturbance area of approximately 40 to 50 feet in diameter, or b. pads, no more than 10' x 10' x 5', using approximately 20 cubic yards of imported fill, at no less than 1,000 -foot intervals when boring. These pads shall be removed immediately upon completion of boring unless the applicant can successfully demonstrate that more damage to wetlands would occur from removal. c. vaults, 5' x 5' or less, for residential subdivisions at no less than 150 -foot intervals. 2. Trenching using no imported fill within 25 feet of the outer edge of the constructed road prism and more than 100 feet from anadromous fish streams (measured from Ordinary High Water), with trenches no more than 2 feet wide and 5 feet deep, using a bucket no more than 2 feet wide. Under non - frozen conditions fabric shall be used beneath all sidecast materials to minimize disturbance of vegetation adjacent to trenches. a. Vaults for electrical utilities of no more than 8' x 8' x 3' with up to 20 cubic yards of clean fill for bedding at 200 -foot or greater intervals or larger vaults of no more than 11' x 9' x 9' at 1,200 -foot or greater intervals with no bedding. b. Vaults, 5' x 5' or less, for residential subdivisions at no less than 150 -foot intervals. 3. Electrical or telephone poles with no more than 3 cubic yards of clean fill per hole as backfill within 25 feet of the outer edge of the constructed road prism and more than 100 feet from anadromous fish streams (measured from Ordinary High Water). B. Activities which require a pre- construction notification (PCN) (where all reviewing Federal and State agencies must concur, as described in the first note, or the project will be handled with an individual permit). The PCN will focus on a review of the alignment and placement of stockpiles and vaults for boring and directional drilling and trenches less than five feet in depth and will consider all project details for trenches deeper than 5 feet. 1. Directional boring extending beyond 25 feet from the outer edge of the constructed road prism or extending to within 100 feet (measured from OHW) of anadromous fish streams with vaults/junction boxes or pads as described above (Ala and Alb). • 2. Horizontal directional drilling method (HDD) of pipe. The pilot, entrance, and exit holes must be the minimum necessary, and where a stream crossing is involved, must be set back from • the stream bank by at least 100 feet. Excavated materials and drilling muds must be stockpiled on non - wetland, where available. Under non - frozen conditions fabric must be • • 3- placed beneath all materials stockpiled in wetlands. Information submitted for the PCN shall include a description of the access route, as well as extent of disturbance and stockpiling around the entrance and exit holes. 3. Trenching between 5 and 10 feet deep using no imported fill with vaults or pads, as described above (A2). 4. Trenching less than 5 feet deep and 2 feet wide with vaults or pads, as described above (A2), but beyond 25 feet of the outer edge of the constructed road prism or within 100 feet of anadromous fish streams (measured from Ordinary High Water). FOR ALL OF THE ABOVE: Upon completion of a project, stockpiled native materials must be replaced so as to achieve the original surface condition within a year of disturbance; except for material placed as minor trench over -fill or surcharge necessary to offset subsidence or compaction, all excess native materials and all non - native materials must be removed to a nonwetland location. If, after a year, the access route and work sites still appear to be more than minimally disturbed, then restoration to original contour and revegetation of these sites must be done after consultation with the Alaska District about species and planting methods. Note that this requirement applies even when there is no PCN. Imported material may never be used for trenches for the above exceptions, only for vaults and pads specified above. For work occurring when the ground is thawed, equipment must either have a ground bearing weight of 5 pounds per square inch or less or must work off of mats or foundation pads to reduce the impacts of access to the work site. For work occurring when the ground is frozen, there must be 18 inches of frost in the ground and a minimum of 6 inches of compacted snow cover, or 12 inches of frost in the ground and 12 inches of compacted snow cover, standard equipment may be used; however, mats or foundation pads must be readily available in the event that the driving surface fails. • REGIONAL CONDITION B In fresh or marine waters, no pentachlorophenol preservatives may be used on wooden structures. In fresh waters, no creosote may be used on wooden structures. In fresh and marine waters, any preservative on wooden structures must be applied by pressure injection using a method that prevents leaching (such as those approved by the Western Wood Preserves Institute). This Regional Condition applies to all NWPs which include wooden structures. REGIONAL CONDITION C Prospective permittees must notify the District Engineer in accordance with the "notification" requirements described in General Condition 13 for the following NWPs: 1. All activities authorized by NWPs 6 *, 7, 17, 19, 21, 23, 27, 29, 31, 32, 33, 35, 36, 37, 38, and 44; and, 2. Projects which exceed the thresholds or are of the type specified in the NWP language, 3, 5, 12, 13 *', 14, 18, 39, 40, 41, 42, and 43. In addition to the Federal agencies and State Historic Preservation Office, the Corps District Office shall send this PCN to Alaska Division of Governmental Coordination or, if the proposed project is located outside the coastal zone, to the appropriate state agencies, including the Departments of Environmental Conservation, Fish and Game, and Natural Resources. *NWP 6 - no PCN required for simple borings. * *NWP 13 - A PCN is required for all projects (independent of thresholds) located in anadromous and resident fish streams. Note: NWPs 1, 2, 4, 8, 9, 10, 11, 15, 16, 20, 22, 24, 25, 28, 30, and 34 do not require a PCN for any activity. • -4- REGIONAL CONDITION D • Project limits of authorized sites shall be clearly identified in the field (e.g., staking, flagging, silt fencing, use of buoys, existing footprint for maintenance activities, etc.) prior to clearing and construction to ensure avoidance of impacts to waters of the U.S. (including wetlands) beyond project footprints. This Regional Condition applies to all NWPs except 1, 9, 10, 11, 22, and 24. For NWP 4, this condition applies to all activities except harvesting devices (e.g., crab pots, etc.). REGIONAL CONDITION E A plan employing the techniques listed below shall be implemented to avoid or minimize disturbance to wetlands, stream banks, riparian areas and beach fringes and /or to re- establish vegetation in such areas when disturbance cannot be avoided. Areas disturbed during project construction must be revegetated as soon as possible, preferably in the same growing season as the disturbance. Erosion protection shall be provided and remain in place until the soil is permanently stabilized. Any sedimentation of the above !: areas or adjacent water bodies caused by a project authorized by a NWP shall be considered a violation of the NWP. Avoidance and minimization techniques may vary with site conditions and include, but are not limited to, the following: - Planning construction access and scheduling work to avoid or minimize damage to wetland vegetation. - Operating equipment in bog or emergent wetlands on frozen ground to minimize destruction of the natural vegetative mat. -Using crane matting or suitable geotextile material to protect vegetation from damage by heavy equipment. Revegetation techniques may vary with site conditions and include, but are not limited to the following: - Seeding, planting, replacement of reserved ground cover, and /or fertilizing of re- contoured ground to promote re- establishment of natural plant communities. Species to be used for seeding and planting should follow this order of preference: 1) species native to the site; 2) species native to the area; 3 species native to the state; and, 4) non - native species. Note: If native species are not available, only non - native species which are known to not reproduce in the general project area, may be used for revegetation. The following species are known to be highly invasive and may not be used under any circumstances for revegetation under these NWPs: Alopecurus arundinacea (meadow foxtail), A. pratensis (creeping foxtail), Lythrum salicaria (purple loosestrife), Melilotus alba (white sweet clover), M. officinalis (yellow sweet clover), Phalaris arundinacea (reed canary grass), Phleum pretense (timothy), and Polygonum cuspidatum (known by the common names: Japanese knotweed, crimson beauty, Mexican bamboo, and Japanese fleece flower) Lysimachia terristris (swamp loosestrife /yellow loosestrife) Phraqmites australis (common reed). -In peat wetlands, systematically removing the natural vegetative mat (with root masses intact) prior to construction, storing it in a manner to retain viability (usually frozen or hydrated), then replacing it after re- contouring the ground following construction, with final contours within one foot of adjacent undisturbed soil surfaces after one growing season and one freeze /thaw cycle. For minor utility projects where no imported bedding or backfill material is used (e.g., "plowed in" cables or small utility lines installed with ditch- witches), simple restoration to pre -work contours and appropriate revegetation (see above) shall suffice. Restoration and revegetation of streambank and shoreline habitat should utilize the most up -to -date bioengineering techniques and use of biodegradable materials when feasible and practicable (i.e., Streambank Revegetation and Protection: A Guide for Alaska (Muhlberg and Moore 1998)). Techniques may include, but are not limited to, brush layering, brush mattressing, live siltation, and use of jute matting and coir logs to stabilize soil and re- establish native vegetation. -5- 1 This Regional Condition applies to NWPs 3, 5, 6, 7, 12, 13, 14, 15, 17, 18, 19, 23, 27, 33, 35, 39, 40. 41, • • 42, 43, and 44. The referenced plan needs to be submitted to the Corps of Engineers only for those NWPs requiring a PCN (i.e., NWPs 6, 7, 17, 19, 23, 27, 33, 35, and 44 for all activities, and NWPs 3, 5, 12, 13, 14, 18, 39, 40, 41, 42, and 43 for those projects which exceed the thresholds or are of the type specified in the NWP language). For NWP 13 a PCN and plan are required for all projects (independent of thresholds) located in anadromous and resident fish streams. REGIONAL CONDITION F For those projects which require a vegetated buffer for maintenance of water quality (pursuant to NWP General Conditions 9 and 19), the minimum width for buffers from fish - bearing waters shall be 100 feet, as measured from the ordinary high water mark of the water body. Fish - bearing waters include habitat for both anadromous and resident fish, and shall be identified by reference to the latest or the most recent Catalog of Waters important for the Spawning, Rearing, or Migration ofAnadromous Fishes, or other documentation provided to the Alaska District during the PCN. This Regional Condition applies to NWPs 3, 7, 12, 14, 27, 29, 39, 40, 41, 42, 43, and 44. Note: For projects under NWPs 7, 12, and 14 this does not prohibit perpendicular crossings. REGIONAL CONDITION I For utility lines in peat soils, specific measures must be included in the project description to ensure that excavation will not disrupt the integrity of the subject wetland hydrology. Such measures might include horizontal ditch /trench blocks or vertical backfill blocks to address and minimize out migration of groundwater, either as subsurface drainage from adjacent wetlands or to prevent utility line bedding from acting as a conduit channel for groundwater. This Regional Condition applies to NWP 12, 17, 23, 29, 39, 40, and 42. REGIONAL CONDITION J The discharge of fill does not cause the loss of greater than 300 linear feet of streambed for ephemeral, intermittent, and perennial streams. This Regional Condition applies to NWP 39, 40, 42, and 43. REGIONAL CONDITION L All persons proposing activities on State lands or in State waters must present proof of application to the manager of the and where the proposed project is located. This objective may be met by submitting a fully completed Alaska Coastal Project Questionnaire for the proposed activity. This Regional Condition applies to all NWPs with a PCN requirement. REGIONAL CONDITION M All persons proposing activities, which require Fish Habitat permits, in fish - bearing waters must present proof of application for a Fish Habitat Permit from the ADFG. Fish - bearing waters include habitat for both anadromous and resident fish and shall be identified by reference to the latest or the most recent Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes, or other documentation provided to the Alaska District during the PCN. This Regional Condition applies to NWPs with a PCN requirement. -6- • REGIONAL CONDITION N NWP activities must assure that suspended sediment and turbidity do not affect waters beyond the immediate work area. Silt fences, silt curtains, or other diversion or containment structures shall be installed* to contain sediment and turbidity at the work site (a) parallel to and within 10 feet of the toe of any fill, or soil exposed within 25 feet of a standing or Flowing waterbody, if the fill site has a downslope or surface connection to the waterbody; and, (b) adjacent to any fill placed or soil exposed within a standing or flowing waterbody. All silt fences, curtains, and other structures must be installed properly and maintained in a functioning manner for the life of the construction period where fill material and exposed soils might cause transport of sediment or turbidity beyond the immediate construction site. `If the Alaska District Corps determines that a sediment or turbidity control measure is not necessary, or must deviate from the above specifications, then the Corps shall describe the changes in the preconstruction notification. This Regional Condition applies to NWPs which may impact water quality due to sedimentation andfor runoff. REGIONAL CONDITION 0 Mitigation required by special condition must be completed before or concurrent with project construction, if practicable. Where project mitigation involves the use of a mitigation bank or fee -in -lieu, payment must be made to the bank or fee -in -lieu program before commencing construction of the permitted activity, if practicable. (Fee amount will be determined at time of payment). This Regional Condition applies to all NWPs. REGIONAL CONDITION V For fill sites in which an on -site sewage system will be installed, on -site sewage system design plan approval shall be obtained from the Alaska Department of Environmental Conservation prior to fill placement and the installation of any wastewater treatment system (including mounded systems or package plants) within the fill site (the fill or contiguous wetlands). For sites which will have sewage marine outfalls, design plans for said outfalls shall also be approved by the Alaska Department of Environmental Conservation prior to fill placement of outfall installation. -7- NATIONWIDE PERMIT GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the U.S. during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to • identify such measures or to require monitoring. • 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non - federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally - listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the USFWS or NMFS the District Engineer may add species- specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http: / /www.fws.gov /rgendspp /endspp.html and http:// www. nfms. noaa .govlprotresloverviewles.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. This general condition requires the applicant to provide notification (except for NWPs # 1, 2, 4, 8 -11, 15, 16, 20, 22, 24, 25, 28, 30, and 34) to the District Engineer, including project - specific information, before DA authorization can be granted. The District Engineer reviews that information and solicits input from federal, state, and local resource agencies before making a permit decision. Once authorization has been granted, there are no further requirements of this general condition; therefore, the text of this condition has been removed. A copy of the full text will be provided upon request (visit our web site at: www.poa.usace.armv.mil /req). 14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a.single and complete project is prohibited, except when the acreage loss of waters of the U.S. authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g., if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the U.S. for the total project cannot exceed 1/3-acre). • • -2- 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the U.S. to the maximum extent practicable at the project site (i.e., on- site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one - for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example,'/. -acre of wetlands cannot be created to change a % -acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However,' /% -acre of created wetlands can be used to reduce the impacts of a'/: -acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed, If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the U.S. -3- (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity- specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and /or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the U.S., or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the U.S. are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the U.S. may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. • • • -4- (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100 -Year Floodplains. For purposes of this General Condition, 100 -year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA- approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the U.S. within the mapped 100 -year floodplain, below headwaters (i.e., five cubic feet per second), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the U.S. within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA- approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12 months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date may be requested. This request must be submitted at least one month before the previously approved completion date. -5 R ADVISORY INFORMATION FOR ALL NATIONWIDE PERMIT ACTIVITIES A Department of Fish and Game Permit is required for • Work in designated anadromous fish streams or other fish- bearing waters. • Placement of cross - channel structures, drainage structures, or diversions in streams that contain either anadromous or resident fish. • Work in legislatively designated state game refuges, sanctuaries, or critical habitat areas. A Department of Natural Resources Permit is required for: 4. Any activity that is located on state land, state tide or submerged land, or shoreland. A Kenai Peninsula Borough Permit is required for: • Projects occurring within the 50 -foot Habitat Protection Area established by Kenai Peninsula Borough Code, Section 21.18.040. No building, construction, filling, excavation, major clearing of vegetation, commercial recreation uses, or activity which results in significant erosion or damage to riparian habitat, or results or increases ground or water pollution can be conducted except when specifically allowed under KPB 21.18.070. Information and permit applications are available from the Kenai River Center at (907) 260-4882. Department of Environmental Conservation Advisory: C. All activities authorized by NWPs must meet the Alaska Water Quality Standards (18 AAC 70). These standards establish strict limits on the amount of sediment and turbidity that may be introduced into fresh and marine waters, including wetlands. In concert with NWP General Condition #3, which requires appropriate soil erosion and sedimentation controls to be used and maintained in effective operating condition during construction, and requires all exposed soil and other fills to be permanently stabilized at the earliest practicable date, the policy of the Alaska Department of Environmental Conservation is as follows. Silt and sediment from excavation and fill activities may not enter wetlands or waterbodies outside the project footprint. Where practicable, fill material must be free from fine material that is subject to erosion and suspension. Site preparation, excavation, fill placement, and construction activities must be conducted to prevent, minimize, and contain the erosion and suspension of fine material that could be carried off -site by surface runoff. If suspended material is evident in standing or flowing water outside the project footprint, appropriate control and containment measures must be applied. These measures may include slope stabilization, revegetation, filter fabric fences, straw bales, other effective filters or barriers, fiber matting, settling ponds, drainage control, trenches and water bars, waterproof covers over material piles and exposed soils, avoiding work during heavy precipitation, and other appropriate measures. Disturbed ground and exposed soil not covered with fill, structures, or appurtenances must be stabilized and revegetated in an appropriate and timely manner to minimize erosion and sedimentation, so that a durable vegetative cover is established and maintained. Matanuska - Susitna Coastal District Advisory: • Within the 75 -foot shoreline setback, all areas not occupied by allowed development must minimize disturbance of natural vegetation. Federal Emergency Management Act (FEMA) Advisory: • Many areas of the state are covered by FEMA approved floodplain regulations, local land -use plans and regulations, and other ordinances and regulations related to development. These restrictions must be adhered to in the development of a residence on a fill permitted by a NWP. • • Martin Lydick From: Martin Lydick Sent: Tuesday, September 28, 2004 2:26 PM To: Edward K. Weiss (E -mail) Cc: Jan Stuart (E- mail); Michelle Stearns Subject: POA- 2004 -1228 Re: _POE - Q-k' Ed, Thanks for the heads -up. The property is zoned business & development as single - family residences would not be a permitted use. The existing sfr is a "grandfathered non - conformity ". Development of proposed lots as multiple family dwellings (tri -plex or greater) would be a permitted use - however, this use would require ADEC certify the waste water systems as adequate. The Borough has not seen any subdivision application & this would require a public hearing. Its possible that the property could obtain a conditional use permit (public hearing req'd) for sfr on each lot, or the Borough might entertain a rezone application - but as of now, we haven't seen or heard from the owners. • Thanks, • • iI Martin L. Lydick (E- mail).vcf 1 Kodiak Island, Alaska Real Estate Information 9/28/04 11:02:52 AP01020 R9004000150 Inq WNDETC,' EDWARD ' ' ' ' ' Street Number Dr Name Unit City Zip Code 1'05'9' ' 'PAgAMAROFF CREEK DR 7tbbIAK 99615 ,Teri sdi of • 09 Womens Bay Rch nR - KISD Activity 2000 Ft�n.ction 2000 Snhdiv RNCK RUSSIAN CREEK SYrirtnre• 1100 00000 Nhhd C'd. WMBY WOMENS BAY AREA Sale pone• 4 Womens Bay Site 6000 Owne 1000 7nnP Type • BUS BUSINESS Prop tise SFR CAMA Mass Appraisal _ Old Parc (More...) Pk'OP20' 'P'l'ease enter the parcel or account number (or press desired function) F1 =Add F2 =Change F3 =Exit F4= Prompt F7 /F8 /F17 /F18= Scroll F24 =More Keys APPLICATION FOR DEPAP 'SENT OF THE ARMY PERMIT .AB APPROVAL NO 0710 -003 • (33 t.rR 325) • ' Public reporting burden for this collection of information is estimated to average 5 hours per response, Including the time for reviewing instructions, Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arington VA 22202 -4302: and to the Office of Management and Budget, Paperwork Reduction Project (0710 -003) 3. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District } ion over the location of the proposed activity. PRIVACY ACT STATEMENT AUG 0 3 2004 • Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require pemdts authorizing activi ".7 ° ; .I. ' f - 'table waters of the United States; the discharge of dredged or fill material into waters of the United States, and the tram • :� i�rt ',' r ' ,.;, purpose of dumping it into ocean waters, Routine uses: Information provided on this form will be used in evaluatin. . Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Len Grothe & Ed Gondek Chris Lynch 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 90 6ok 1417— 11175 Lake Orbin Dr. KaIA"c- 1 4, S tw is Kodiak, AK 99615 7. APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE a. Residence 0407- 411 -zscy7 a. Residence b. Business b. Business 907 - 487 - 2244 11. STATEMENT OF AUTHORIZATION I hereby authorize Chris L to act in my behalf as my agent in the processing of this application and to fumish, upon r st, supple ntal information in support of this permit application. Cam,- -1 l ,J, . , _ a y APPLICANT'S SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Subdivision of Tract 0, Russian Creek, Kodiak, Alaska 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) N/A 1059 Panamarof Creek Rd., Kodiak, AK 15. LOCATION OF PROJECT Kodiak AK COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instructions) Tract 0, Russian Creek Alaska, US Survey 2539, Plat No. 69-2 17. DIRECTIONS TO THE SITE At approximately Mile 13 on the Chiniak Hwy. turn right onto South Russian Creek Rd. After about 1 mile the road will fork, • take the left side, this is Panamarof Creek Rd. The subject property is approximately 1/2 mile down this road on the left hand side. It is at the end of the developed road. ENG FORM 4345 - ONLINE CESPK -CO -R Ail • 18. NATURE OF ACTIVITY (Descriptior roject, include all features) See attachment. 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) The current property is not able to be developed. By pursuing this project, desirable lots can be created and homes can be built on large parcels outside of town. The project would like to begin in the fall of 2004 and be completed by the fall of 2006. USE BLOCKS 20 -22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE See attachment. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS The material is typically gravelly soil. Lot 3 — 1778 cys; Lot 4 and 5 — 3000 cys 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions) The surface area of only the filled wetland portion is as follows. Lot 3 — 800 sf; Lot 5 — 200 sf. Work will be done with a excavator /backhoe. 23, IS ANY PORTION OF THE WORK ALREADY COMPLETE'? YES © NO © IF YES, DESCRIBE THE WORK • 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can be entered here, please attach a supplemental list) See attachment. 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED N/A * Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. l certify that the information in this application is complete and accurate. I further certify that I posses t ` authority to und- •ke the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE .,) AGENT DA E The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material factor makes any false, - factitious, -or - fraudulent- statements orr epfe s entatfons:ocmakesor - ses- any - false - writing- flf-doeument-knowiO sa e. _.._ l false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years o aboth. ENG FORM 4345 — ONLINE CESPK -CO-R • Ake • Project Name: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Project Address: 1059 Panamarof Creek Rd., Kodiak, Alaska. This project is located in the Kodiak Island Borough. Legal: Tract 0, Russian Creek Alaska, US Survey 2539, Plat No 69 -2 Block 18 Nature of Activity: The site is currently 9.336 acres with 3 defined wetland areas, several drainage courses and a creek running through the property. There is one residential house on the property. The owners of the property would like to subdivide the property and make it a more developable piece of land. The proposal is for 5 lots. Proposed subdivision plan and wetland maps are attached. The existing wetlands affect the development of proposed Lots 2 through 5. Lot 1 would maintain the existing residence with no further development taking place under this project. Lot 2, 2.045 acres — It is proposed to dig two 60 x 40 foot ponds at the corners of the property approximately 10 feet deep. The material from the pond would be used as fill for the access road to Lots 2 and 3 as well as fill for the house pad on Lot 2. It would be suggested that if a house were to be built on this property it be built on the north side of Panamarof Creek. An access bridge may have to be constructed that could be shared by Lots 2 and 3. Lot 3, 2.933 acres — It is proposed to dig a 60 x 80 foot pond approximately 10 feet deep at the center of the lot on the north side of Panamaroff Creek. The material from the pond would be used as fill for a house pad and the driveway. Lot 4, 1.256 acres - It is proposed to dig a 60' x 150' x 9' pond across Lots 4 and 5. Lot 5, 1.258 acres - The fill from the proposed pond mentioned in Lot 4 would be used to fill the southern portion of Lot 5 and create a house pad. Block 20 Reason for Discharge: The dredging material would come from the ponds dug on Lot 2, 3 and 5. These areas are currently designated as wetlands. Fill material generated from the ponds would be placed in wetland designated locations on Lot 3 and Lot 5. The fill placed on Lot 3 would be to minimize the impact on the existing creek and provide an adequate building foundation. The fill on Lot 5 would be to enhance the drainage flow of the area. Block 24 Names and Addresses of Adjoining Property Owners, Lessees, etc.: Tract N, Lot 4, Russian River Estates 835 Panamarof Creek Rd. Tract N, Lot 1, Russian River Estates 935 Panamarof Creek Rd. Lot 25A -2, Russian River Estates 970 Panamarof Creek Rd. Esther Pitts Lot 25A -1, Russian River Estates 1002 Panamarof Creek Rd. Chuck Pitts Lot 26 -A, Russian River Estates 1086 Panamarof Creek Rd. Nancy Kraake Lot 26 -B, Russian River Estates • 1106 Panamarof Creek Rd. • • Lot 26 -C, Russian River Estates 1130 Panamarof Creek Rd. Lot 25A — 2 970 Panamarof Creek Rd. • Lot 25A —1 1002 Panamarof Creek Rd. Lot 26 — A 1066 Panamarof Creek Rd. Lot 26 — B 1106 Panamarof Creek Rd Lot 26 — C 1130 Panamarof Creek Rd. K J A "tea. itit, - v'�' 44, ' , e 7 d. "I _ Ergo �\ n � alliaLcfrA � ,� � BONJW'N w., r �-_. 9 .. Sri 'ova.. tr ie,„..,,A4o ky wrowi — — 1 J / Q *Iv- tb, 0 k r 1 Ir _ -4047"v4-1,; trras 0 vls , - -- At lki v ilr a " - - ' 4P leit i lkt: tithit 1* tr= - - - - -- - - - - - ' 4 - 4ra:wit 4 * - - - --* - Ark et* t • 1 .4.: lir 0 \ - at. - --.1. I' c:> 41■ r e/ - — - - 0 k - . - ODIK ISLAND BOROUGH A t� � .. - .� � e v I� c'Q K A H ` 4 . r w bi r n� / � i ' R) m � L A4AP �' o, do e tuDDRESS ,, m mmsuxs , C .cn u a" 1 °'^w w7 _ -Ion ar ua v.. � Q a p •rs, n.uro t 6 LOCATION MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska F Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet lof4 I Ii - rug • ar4 „An igre 4." ikrzve at. 11110 4 4 0 1 4/2. 4 ,.; 4 . • O A m f ry VICINITY MAP • SCALE: I". GOO' VICINITY MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet 2 of 4 • :\:- ...._--....7 / / V v O ...%), ?° I 1r/ F501 MAW ■/ 1 Th, • l I \.........-, i / ANfl \ w 0 f / / u 'a u • i L C " A N n , 1 • 1 \ � 1,45e3 i wcz s,VK V/� mil/ ` 11, s > I � � r I ^ � - r La/ -,. . , ,., . , / gb • i ;�,/ U � 01,5 ? i . ■ I 4 :35'05 ( 1 ; Vf / R= /9 I G e B/: 90 g' 0 � 6 0 $e 3 ' V, 9es p�� 6s ' !lib a �K E K g9 ,79.,0 a =,,,ti R N Bye ` —r = C PAN A MAR WETLANDS MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet 3 of 4 1 \ \ / / \ \ V G>y es,. <-2- 2 � / f . / / �45e4-4.4.°:::::7:e 6 , F E E �� ea- ryl I Pon •00� n 44_ / Q \ 1 i • / Its ( -4-2 M r,, , tip / h �� 9 3 T ' 3 . 6t LOT `.., �/ 19 2.049 AC. h '` / W / y Cc '1./ / 0 s ! ' ao x � � O .�� / Y po nQ ( W I 9 oF• I A N \ H �: / N � `c rR k/ N om / / NB5. 3 6'0 4'Ew3/4 -Z t9 4-232. \ / /6 0 p0 4-•8 `. (13 lWE4L /0 /49. VI 001/101-a iy9e il / / 0 W- MAILER 74013/170 5 1 4 N A H.11 / ;.A T 1 ON HHH t. m ;; LOT 5 h LOT 4 < m - ?�p VENTS ° / 1 • %.258 AG. �') I. A G E.' i� � ' N ,�� ; yN oa . t,, ¶ � F N / �O-i : 0 02 -' �E 03 d•D/ S - 20./4' /.0 ' p / G• 20:4/ . ,gB :�� /55. /6' 240=0 4.36 � x d =0121'56; � / /� } LYER7 /79. /(o' 4• /r_n S3 I + S 115 (9'33 /J:7::/-;r271 --:60 . ra21 PANAA4ARR©FF" • PROPOSED SUBDIVISION __ Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska AWilitlintifterrfirothe td E'mndek August 1, 2004 Sheet 4 of 4 — • • Martin Lydick From: Martin Lydick Sent: Tuesday, September 28, 2004 2:26 PM To: Edward K. Weiss (E -mail) Cc: Jan Stuart (E- mail); Michelle Stearns Subject: POA- 2004 -1228 Re: OF} -,;74004 4 Q.k Ed, Thanks for the heads -up. The property is zoned business & development as single - family residences would not be a permitted use. The existing sfr is a "grandfathered non - conformity ". Development of proposed lots as multiple family dwellings (tri -plex or greater) would be a permitted use - however, this use would require ADEC certify the waste water systems as adequate. The Borough has not seen any subdivision application & this would require a public hearing. Its possible that the property could obtain a conditional use permit (public hearing req'd) for sfr on each lot, or the Borough might entertain a rezone application - but as of now, we haven't seen or heard from the owners. Thanks. /nal 41 LC Martin L. Lydick (E- mail).vd 1 Kodiak Island, Alaska Real Estate Information 9/28/04 11:02:52 AP01020 R9004000150 'GOlb$TL, 'EDWARD ' ' Ina Street Number Dr Name Unit City Zip Code 1059 ' PANA4AROFF CREEK DR TCOPIAK 99615 Juri.sdirt• 09 Womens Bay _ ,Sc'h Di Ft KISD Ac 2000 Fnn Linn 2000 Auhdiv RNCK RUSSIAN CREEK Rtrurture: 1100 7,ot ' 00000 Nhhcl Cd. WMBY WOMENS BAY AREA Sale lone 4 Womens Bay 6000 Ownerships 1000 zone Type: BUS BUSINESS Prop i Lse A SFR Value Ry C CAMA Mass Appraisal Old Parr : (More...) P'RO1 'Please enter the parcel or account number (or press desired function) F1 =Add F2= Change F3 =Exit F4= Prompt F7 /F8 /F17 /Fl8= Scroll F24 =More Keys • 1 gvurff-- ,lO'UY 1 °C '6 NIXulc APPLICATION FOR DEPAP' 'SENT OF THE ARMY PERMIT (33 tern 325) AB APPROVAL NO 0710 -003 L Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, • Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 222024302; and to the Office of Management and Budget. Paperwork Reduction Project (0710003) 3. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District 1 ion over the location of the proposed activity. PRIVACY ACT STATEMENT AUG 0 3 2004 Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require peanits authorizing activi, c•, r r`5 : . . . able waters of the United States; the discharge of dredged or fill material into waters of the United States, and the tran ,,,I f jai 4 ,) yr• i, ' r .1 purpose of dumping it into ocean waters. Routine uses: Information provided on this form will be used in evaluatin r . •• • :.: ' , . . Disclosure: Disclosure of requested information is voluntary. If information is not provided, however. the permit application cannot be processed nor can a permit be issued. One set of original drawings a good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity, An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Len Grothe & Ed Gondek Chris Lynch 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS PO bpi,. W1'L 11175 Lake Orbin Dr. I K Or eY_ �i�l� i 14. Kodiak, AK 99615 • T 7. APPLICANT'S PHONE NUMBERS WITH AREA CODE . 10. AGENT'S PHONE NUMBERS WITH AREA CODE a. Residence /107 — /1Lt1 -zs0'7 a. Residence b. Business b. Business 907 - 487 - 2244 11. STATEMENT OF AUTHORIZATION I hereby authorize Chris Lynch to act in my behalf as my agent in the processing of this application and to furnish, upon r st, supple ntal information in support of this permit application. • APPLICANT'S SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Subdivision of Tract 0, Russian Creek, Kodiak, Alaska 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) N/A 1059 Panamarof Creek Rd., Kodiak, AK 15. LOCATION OF PROJECT Kodiak AK COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Tract 0, Russian Creek Alaska, US Survey 2539, Plat No. 69 17. DIRECTIONS TO THE SITE At approximately Mile 13 on the Chiniak Hwy. turn right onto South Russian Creek Rd. After about 1 mile the road will fork, • take the left side, this is Panamarof Creek Rd. The subject property is approximately 1/2 mile down this road on the left hand side. It is at the end of the developed road. • ENG FORM 4345 - ONLINE CESPK -CO -R 18. NATURE OF ACTIVITY (Descriptior roject, include all features) See attachment. 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) The current property is not able to be developed. By pursuing this project, desirable lots can be created and homes can be built on large parcels outside of town. The project would like to begin in the fall of 2004 and be completed by the fall of 2006. USE BLOCKS 20 -22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE See attachment. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS The material is typically gravelly soil. Lot 3 — 1778 cys; Lot 4 and 5 — 3000 cys 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions) • The surface area of only the filled wetland portion is as follows. Lot 3 — 800 sf; Lot 5 — 200 sf. Work will be done with a excavator /backhoe, 23. IS ANY PORTION or THE WORK ALREADY COMPLETE? YES © NO 0 IF YES, DESCRIBE TfiE WORK 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can he entered here, please attach a supplemental list) See attachment. 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED N/A * Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that 1 posses t ` authority to und- .ke the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT -� 7� DATE SIGNATURE s; AGENT DA E The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, _facticious,.or fraudulent statements er represerttattons= oumakes or-trses- any= false - writing ordoeument knowing same - to - contain any - false, fictitious or fraudulent statements or entry, shall be fined not more than $1 0,000 or imprisoned not more than five years or both. ENG FORM 4345 — ONLINE CESPK -CO -R Project Name: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Project Address: 1059 Panamarof Creek Rd., Kodiak, Alaska. This project is located in the Kodiak Island Borough. Legal: Tract 0, Russian Creek Alaska, US Survey 2539, Plat No 69 -2 Block 18 Nature of Activity: The site is currently 9.336 acres with 3 defined wetland areas, several drainage courses and a creek running through the property. There is one residential house on the property. The owners of the property would like to subdivide the property and make it a more developable piece of land. The proposal is for 5 Lots. Proposed subdivision plan and wetland maps are attached. The existing wetlands affect the development of proposed Lots 2 through 5. Lot I would maintain the existing residence with no further development taking place under this project. Lot 2, 2.045 acres — It is proposed to dig two 60 x 40 foot ponds at the corners of the property approximately 10 feet deep. The material from the pond would be used as fill for the access road to Lots 2 and 3 as well as fill for the house pad on Lot 2. It would be suggested that if a house were to be built on this property it be built on the north side of Panamarof Creek. An access bridge may have to be constructed that could be shared by Lots 2 and 3. Lot 3, 2.933 acres — It is proposed to dig a 60 x 80 foot pond approximately 10 feet deep at the center of the lot on the north side of Panamaroff Creek. The material from the pond would be used as fill for a house pad and the driveway. Lot 4, 1.256 acres - It is proposed to dig a 60' x 150' x 9' pond across Lots 4 and 5. Lot 5, 1.258 acres - The fill from the proposed pond mentioned in Lot 4 would be used to fill the southern portion of Lot 5 and create a house pad. Block 20 Reason for Discharge: The dredging material would come from the ponds dug on Lot 2, 3 and 5. These areas are currently designated as wetlands. Fill material generated from the ponds would be placed in wetland designated locations on Lot 3 and Lot 5. The fill placed on Lot 3 would be to minimize the impact on the existing creek and provide an adequate building foundation. The fill on Lot 5 would be to enhance the drainage flow of the area. • Block 24 Names and Addresses of Adjoining Property Owners, Lessees, etc.: Tract N, Lot 4, Russian River Estates • 835 Panamarof Creek Rd. Tract N, Lot 1, Russian River Estates 935 Panamarof Creek Rd. Lot 25A -2, Russian River Estates 970 Panamarof Creek Rd. Esther Pitts Lot 25A -1, Russian River Estates 1002 Panamarof Creek Rd. Chuck Pitts Lot 26 -A, Russian River Estates 1086 Panamarof Creek Rd. Nancy Kraake Lot 26 -B, Russian River Estates 1106 Panamarof Creek Rd. Lot 26 -C, Russian River Estates 1130 Panamarof Creek Rd. Lot 25A — 2 970 Panamarof Creek Rd. Lot 25A — 1 1002 Panamarof Creek Rd. Lot 26 -- A 1066 Panamarof Creek Rd. Lot 26 — B 1106 Panamarof Creek Rd Lot 26 — C 1130 Panamarof Creek Rd. � ),ii__ e4 4'',�� .�4S a � ta r A � d . , IS zAtti w4r /Th ler lilt & arimiLife, : i vtc _ vey e . . _ �� ' ,v t ,.A d h 1 twiii,‘„ _._ 0 . 1 1/4:44b . m ile \Npres,„ .._,. • T JO. ;,,„/ t ,,,,,, . ilir , 7 ...... ...... bta r - Aine 1 o r , i KODIAK ISLAND BOROUGH $ " � tOr'M * 4 \ � cz, ADDRESS MAP K o,,, , + C2p v ,,,. ' ,1-, Yx <iru s.u"'"iu :13* ate R2+✓/ 1 Ws 4,,,, I \ 4 142 \ tez _ • d f OYfA a'S OI Yy 22v ^ 0 O • I LOCATION MAP 1 Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet lof4 i I /� w B Q r u p / 3 ilig � ti JA ui ro III ,. 'iii j O 4 g , 1 I I' ', I f . _ = _,s`7 TN , _i A K 4 / i ii __i_...... , ,,, ,-- _ „:„.., .. ... ,_„,_, • O Ani m ry VICINITY MAP SCALE =1 ". GOO' 3 VICINITY MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak Alaska Applicant: Len Grothe & Ed Gondek August 1, 2004 Sheet 2 of4 i 1i / S ' / /l ; y--"2--- �i3 °se ' ie 1 ,mil 4- /b 4 N\ �v_i • �� m , P) w /4 wErIasQS ", ` 1 / V YSP `/ t / r''' , L > P to 4 1 '4k to / oe c o r k3i I \ , �m ,` 1 °f� `�u / N I � „1 �� • 1 y, • S e {, ° i WEl b. i ?gel it V , 72 air / --Al JI/ -V /I' —1, S. � >I 6 1 xt , ',-' - J 1 - :e r Y / / f�'� i `) D01,.."-1------ 1 f 4 35'0 -5442 1 . lJ 1 (L. 839 1 ` % i t 1 1 % 6o S 18 °38 10 E I Ls . R ; 1/15 - a O f � 1,9.1 ' ;w a = 1,- 31� 4 f _- PANm 1 WETLANDS MAP Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska Applicant: Len Grothe & Ed Gondek - -_ - August 1, 2004 Sheet 3 of 4 1 r- = ; ■c. w_ /, \ /, \\ / <r r 2 `� J 41) , / / \� 'OO- / / (00 7 r ea>, r is M �, � h L T 3 G v / .993:- �° � LOT 2 ,l•(• �I ti � ,. 2. 04x7 AC. '- •6 / 9 R D F F I A C • ' \ 41 / � ro NB #' . E �\' / I . 6 ' o4'E 3/4.2 299.9 \ / Af B5 3 /64.8 WELL \-.• e---\ 01 /49. t o 6 G /BGE ',gas I / W W-- TRAILER 7AD/3a 5 MO N / T 1 U V / / h .�, N 4 AC. m .:. �, r - D. / o LOT 5 ? LOT 4 - �„ vE l - 1. 255 AG. 1�') 0 1.2 AG �f ' N , : ! /.r S x F N • l / a•op `� - zo. /4' I.5 - • 2400 tc j,e -r.� .-', - I �K /55. /6 d =0 9'27 R , L # .4. r:. J `_ .,- - �.. ' 'eau-ART ' t /7.9: /C2' !l`!. t a• /o _ I + -�a o -� 3S "f✓- Wit: �-�__- � `� s'42•1 PANAfi4AROF '- � � -- PROPOSED SUBDIVISION Proposed Activity: Subdivision of Tract 0, Russian Creek, Kodiak, Alaska APPliesrrt— LeseiroYtielk Ed'Gondek _ _- , - -_._ - .. . August 1, 2004 Sheet 4 of 4 �,NT of Iw I ! r h � DEPARTMENT OF THE ARMY 2 ' Q ` mr-- M, U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 6898 • �. °. \ S�, ` ELMENDORF AFB, ALASKA 99506 -6898 n T iAiu of / REPLY TO ATTENTION OF: OCTOBER 0 1 2004 CERTIFIED Regulatory Branch East Section POA- 2004 - 1226 -V 11 , u Len Grothe and Ed Gondek .•. • OCT - 4 2004 I Post Office Box 1412 Tt�ENt Kodiak, Alaska 99615 -1412 ppopn9FNTDCpAR �� Dear Mr. Len Grothe & Ed Gondek: This is a Notice of Violation involving the unauthorized CoMn1uN1T{ o� discharge of dredged and /or fill material into waters of the United States, including wetlands. The unauthorized work consists of placing fill within approximately 0.25 to 0.30 - acres within Lots 5 and 4 of the proposed subdivision of Tract 0, Russian Creek. The unauthorized work was performed in section 1, T. 29 S., R. 21 W., Seward Meridian, near Kodiak, Alaska, - Longitude 152 ° 34' 26 ", - Latitude 57 41' 50 ". Section 404 of the Clean Water Act requires that a Department of the Army (DA) permit be obtained for the placement or discharge of dredged and /or fill material into waters of the U.S., including wetlands, prior to conducting the work (33 U.S.C. 1344). The wetland contiguous with Panamaroff Creek which flows into Womens Bay; all are waters of the U.S. We have determined that the above - described activity required authorization under the above -noted Federal law(s). We have reviewed our records and concluded that a DA permit was not obtained. Therefore, the work is in violation of Section 301 of the Clean Water Act. • we are currently conducting an investigation to determine the appropriate course of action to be taken to resolve this violation. To ensure that all pertinent information is available for our evaluation and included in the public record, you are requested to provide any information which you feel should be considered. We specifically request that you provide the following information: a. What is the purpose of the work? b. When did the work commence? c. When was the work completed? d. What is the name, address, and telephone number of the contractor, if any? e. What is the type and amount of material placed? f. What is the relationship between the time of your ownership of the property and the time of the discharge of dredged and /or fill material into wetlands; i.e. did you own the property at the time of discharge ?; and g. Please include any other information you wish to provide concerning the history of the activity. • -2- We will withhold further enforcement action for 10 days from the date of this letter to allow you to submit the above- requested information. Until such time as this matter is resolved, no further work is to be performed in areas subject to Corps of Engineers jurisdiction at the site. You are advised that substantial penalties are available for conducting work in waters of the U.S., including wetlands, without the necessary DA authorization. SECTION 309 of the Clean Water Act provides penalties, including fines of up to $50,000 per day or imprisonment for up to three years, or both, for any person who knowingly violates Section 301 of the Clean Water Act. Nothing in this letter shall be construed as excusing you from compliance with other Federal, State, or local statutes, ordinances, or regulations that may affect this work. we are furnishing copies of this letter to the agencies on the enclosed list in order to solicit their views concerning resolution of this violation. Please refer to file number POA- 2004- 1228 -V, Womens Bay, in future correspondence or if you have any questions concerning this Notice of Violation. Please contact me at (907) 753 -2720, toll free from within Alaska at (800) 478 -2712, or by mail at the letterhead address, ATTN: CEPOA- CO -R -E, or by email at jan .f.stuart @poa02.usace.army.mil if you have questions. For additional information about our Regulatory Program, visit our web site at www.poa.usace.army.mil /reg. Sincerely, , " anice n ice Stuart, Ph.D. Project Manager • Copies Furnished: Mr. Tim Rumfelt Alaska Coastal Zone Review Alaska Department of Environmental Department of Natural Resources Conservation 550 W. 7 Avenue Suite 1660 555 Cordova Street Anchorage, Alaska 99501 -3568 Anchorage, Alaska 99501 -2617 Michelle Stearns Project Coordinator Kodiak Island Borough Department of Natural Resources 710 Mill Bay Road Office of Project Management Kodiak, AK 99615 and Permitting Alaska Coastal Zone Management Martin Lydick> 550 West 7th Avenue, Suite 1660 Kodiak Island Borough Anchorage, Alaska 99501 -3568 Room 205 710 Mill Bay Road Ms. Ann Rappoport Kodiak, AK 99615 Field Supervisor U.S. Fish and Wildlife Service Ms. Chris Lynch Ecological Service Anchorage 11175 Lake Orbin Dr 605 West 4th Avenue, Room 62 Kodiak, Alaska 99615 Anchorage, Alaska 99501 -2249 Supervisor Western Alaska Ecological National Marine Fisheries Service • 222 West Seventh Avenue, # 43 Anchorage, Alaska 99513 -7577 Ms. Judith Bittner Department of Natural Resources State Historic Preservation Office 550 W. 7 Avenue, Suite 1310 Anchorage, Alaska 99501 -3565 Mr. Richard B. Thompson State of Alaska Department of Natural Resources Division of Land 550 W. 7 °h Avenue, Suite 900C Anchorage, Alaska 99501 -3577 • Mr. Gary Prokosch State of Alaska Department of Natural Resources Division of Water 550 W. 7 Avenue, Suite 900A Anchorage, Alaska 99501 -3577 Ms. Robin Willis Statewide Services Alaska Department of Fish and Game 333 Raspberry Road Anchorage, Alaska 99518 -1599 Alaska Operations Office Environmental Protection Agency 222 West Seventh Avenue, # 19 Anchorage, Alaska 99513 -7588 • • Office of Habitat Management & Permitting • Alaska Department of Natural Resources 555 W 7 Avenue, Suite 1430 Anchorage, AK 99501 -3513 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 26, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes — Regular Meeting Minutes of August 22, 2011 and Special Meeting Minutes of September 7, 2011, and September 12, 2011, as presented. *Approval of Out -of -State Student Travel, Kodiak High School Dance Team Members as presented. *Acceptance of the FYI2 IDEA Special Education Grant Award in the amount of $104,829. *Acceptance of the FYI2 ENLIVEN (Engaging Native Learners in Virtual Education Now) Grant Award in the amount of $684,145. *Approval of the 2011/2012 Kodiak College Joint Facility Use Agreement as presented for the period of September 1, 2011, to August 31, 2012. *Approval of Cooperative Agreement Number COOP -12 -042 with the Alaska Department of Fish and Game for the use of the K -HI -C fishing vessel, effective August 1, 2011, through August 31, 2016. *Acceptance of the FY12 Artists in Schools Grant Award in the amount of $14,735. *Approval of the 2011/2012 Facility Use Agreements for Akhiok School and Port Lions School for the period of October 1, 2011. to September 30, 2012, and to include the waiver of liability insurance for Akhiok School. APPOINTED: Miss Catherine Le to serve as the student advisory representative to the School Board. APPROVED: Motion to acknowledge receipt of the July 2011 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $2,785,943 and year -to -date general fund expenditures in the amount of' $564,258. Kodiak Island Borough School District Board of Education Regular Meeting — September 26, 2011 SUMMARY Page 2 of 2 APPROVED: Motion to approve out -of -state student travel for a Kodiak High School FFA member as presented. APPROVED: Motion to approve the FY12 New Visions Grant Intent to Apply in the amount of $10,000 with a District match of $10,000. APPROVED: Motion to approve the 2011/2012 Facility Use Agreements for Chiniak School, Karluk School, Old Harbor School and Ouzinkie School for the period of October 1, 2011, to September 30, 2012, and to include the waiver of liability insurance for Chiniak School and Karluk School as presented. APPROVED: Motion to accept the FY12 No Child Left Behind Consolidated Grant Award in the amount of $437,544. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Boardnsf/Publie Kodiak Island Borough Assembly Regular Meeting Guidelines October 20, 2011, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly members who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of October 6, 2011. *Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50 -Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. * Regular Meeting of October 6, 2011. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award — Manager Gifford B. Longevity Award — Manager Gifford C. Coast Guard Appreciation Proclamation — Mayor Selby D. Southern Region EMS Council Special Presentation — Mayor Selby Kodiak Island Borough Assembly Guidelines October 20, 2011 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. Recommended motion: Move to adopt Ordinance No. FY2012 -09. Clerk's Note: Members of the various boards listed in the ordinance were informed about the public hearing. Attached on blu�'e paper are the responses received. Staff Report — Clerk Javier Open public hearing. Read phone number: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Continued on next page... Kodiak Island Borough Assembly Guidelines October 20, 2011 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2005 -09B Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. Recommended motion: Move to adopt Contract No. FY2005 -09B. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2012 -12 Ratifying and Certifying the Results of the Municipal Election Held October 4, 2011. Recommended motion: Move to adopt Resolution No. FY2012 -12. Clerk's Note: Attached on yellow paper is a corrected copy of Resolution No. FY2012 -12. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Buildings Chapter 15.10 Building Codes By Adding Section 15.10.180 Poly - Tunnels and Title 17 Zoning By Amending Sections 17.60.020, 17.70.020, 17.75.020, 17.80.020, and 17.85.020 to Include Poly - Tunnels and /or Hoophouses. Recommended motion: Move to adopt Ordinance No. FY2012 -10 in first reading to advance to public hearing on January 5, 2012 to allow Planning and Zoning Commission's review of the Ordinance. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 20, 2011 Page 3 D. Other Items 1. *Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50 -Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). 2. Administer Oath of Office to Newly Elected Officials. The Borough Clerk will administer the Oath of Office to newly elected Assembly members Tuck Bonney, Dave Kaplan, and Mel Stevens. 3. Presentation to Outgoing Assembly Members. Mayor Selby will present a plaque to outgoing Assembly members Judy Fulp and Sue Jeffrey. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and City Council will hold a Joint Work Session on Monday, October 24, 2011, at 7:30 p.m. in the Kodiak Fisheries Research Center Main Conference Room. The next Assembly work session will be held on Thursday, October 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, November 3, 2011, at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 20, 2011 Page 4 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET • Regular / Special Date: 1 Convened: Recessed: Reconvened: Adjourned: BY: BY: \ j BY: l` (��j-G✓.-) BY: 7 BY: Ohl-„ 11 y _ SECOND: SECOND SECOND: jAkte SECOND: rmic SECOND. J , / i s I \c 4 , io,\;\ ii *id h best t III-A e_i neCk O \ v O "( \\I6‘ ev e 6/ fl\- 444•InaftO- YES . NO YES NO - • , YES .NO . .' YES NO • - ;YES- NO Ms. Austerman ✓ Ms. Austerman Ms. Austerma_ ✓ Ms. Austerman Ms. Austerman VI Mr. Friend Mr. Friend Mr. Friend / Mr. Friend > I- Mr. Friend Ms. Fulp V Ms. Fulp Ms. Fulp Ms. Fulp et Ms. Fulp Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey , / Mr. Kaplan V Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan ✓ Mr. Kaplan' V` Ms. Lynch t / Ms. Lynch Ms. Lynch ' ✓/ Ms. Lynch Ms. Lynch V Ms. Stutes v � / Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes t / [CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?' TOTAL: TOTAL: TOTAL: rl D TOTAL: r7 0 l TOTAL: Q The mayor may not vote except in the case where only six members of the assembly are present and there is a t a /three tie vote of the assemb . Mayor Selby ` / Mayor Selby Mayor Selby Mayor Selby Mayor Selby t� . KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET J/� 76) Regular 1 / Specia Date: II / /�� '/ Convened: Recessed: Reconvened: Adjourned: p SD i f - Ili ' --- BY: BY: 51( ' i BY: , i , ' I BY: BY: SECOND: SECOiV.: # I SECOND: 4410„ BY: SECOND: SECOND: 5 0 r SP SD , u 4 YES NO • YES NO YES NO YES NO YES ,NO, Ms. Austerman / Ms. Austerman , / Ms. Austerman I ?' Ms. Austerman Ms. Austerman Mr. Friend ✓ Mr. Friend �V Mr. Friend v Mr. Friend Mr. Friend 1 4 Ms. Fulp / Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Jeffrey V Ms. Jeffrey V Ms. Jeffrey. , / Ms. Jeffrey .+/' Ms. Jeffrey Mr. Kaplan ✓ Mr. Kaplan V Mr. Kaplan V Mr. Kaplan VV � / Mr. Kaplan Ms. Lynch ! Ms. Lynch VV/ Ms. Lynch V Ms. Lynch ¥ V V I Ms. Lynch Ms. Stutes V Ms. Stutes V Ms. Stutes V Ms. Stutes `/ Ms. Stutes _- jCHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: TOTAL: r7 0 TOTAL: 11 1 0 TOTAL: TOTAL: The mayor m not vote except in the case whdre only six members of the as bly are present and there is a t ee/ ee tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of:{ MPICi D, del I Please PRINT your name Please RINT yourr name (\\YI ;AL% •, ifh \ \ s .(\; ^ vi s v )-\Q (Nib kAgfh /9 Tom, - KA0■ 0 \\ Otkii Ni ems\