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HomeMy WebLinkAbout1980-03-18 Harbor Commission SummaryKENAI HARBOR-COMMISSION P.O. Box 580 Kenai, Alaska 99611 AGENDA - March 18, 1980 REGULAR HARBOR COMMISSION MEETING: HARBOR COMM I SS I ON MEMB ERS: EX-OFFICIO MEMBERS: March 18, 1980 - 7:00~p.m. at the Public Safety Building, Kenai , Mr. Robert Peterkin, Chairman Mr. John Wi 11 i ams, Vi ce-Chai rman Mr. Tom Ackerly Mr. William Burnett Mr. Tom Wagoner Mrs. Mr. Betty Glick, Councilwoman Vince O'Reilly, Mayor A-G- E-N-D-A 1. Call to Order 2. Roll Call & Oath of Office 3. Approval of Minutes - February 19, 1980 4. Introduction of Guests (a) Mayor Don Gilman, Kenai Peninsula Borough 5. Communications (a) Memorandum from Charles Brown to Harbor Commission (In March 4, packet) (b) Memorandum from Ben Delahay concerning Sea Catch (In March 4, packet) (c) City .Council meeting excerpt (In March 4, packet) (d) Invitation to Mayor Don Gilman (e) Memorandum from Chairman Peterkin on Mr. Roper's offer. (.f) Memo from Mayor O'Reilly on Recreational Boat Aspect for consideration. (g) Memo from Mayor O'Reilly on Borough and Pacific Alaska LNG. 6. Reports e e o 10. Old Business (a) Wince-Corthel 1 New Bus i ness (a) Meeting of March 22, All Committees, Persons present not scheduled to be heard. Adjourn. Mayor and City Manager. KENAI HARBOR COMMISSION MEETING PUBL I C SAFETY BU I LD ING KENAI, ALASKA March 18, 1980 HARBOR COMMISS ION MEMBERS: EX-OFFICIO MEMBERS: OTHERS PRESENT: 1. CALL TO ORDER Mr. Robert Peterkin, Chairman Mr. John Wi 11 i ams, Vi ce-Chai rman Mr. Tom .Ackerly Mr. Wi 11 iam Burnett Mr. Tom Wagoner Mr. Ron Issacs Mrs. Betty Glick, Councilwoman Mayor Vince O' Reil ly Jim Swalley, Airport Operations Man. a~er Commissioner Peterkin called the meeting to order at 7:10 p,m. 2. ROLL CALL & OATH OF O.FFICE The Oath of Office was administered to Ron Issacs by Administrative Assistant Ki m Howard. Present: Chairman Peterkin, Commissioner Ackerly, Commissioner Wagoner, Commissioner Issacs. Absent: Commi ss i oner Wi 11 i ams and Commi ss i oner Burnett 3. APPROVAL OF MINUTES The minutes of February 19, 1980 were approved with the following changes' Chairman Peterkin requested that on page 4, (b) first line, Chairman Peterkin be changed to Senator Gravel. The following paragraph, second line, Senator Stevens be changed to Senator Gravel. 4. INTRODUCTION OF GUESTS Chairman Peterkin announced that Mayor Don Gilman would not be at the meeting, as he was at the Borough. Assembly meeting. Chairman Peterkin stated that he would ask Mayor Gilman to the next Harbor Commission meeting. 5. COMMUN I CAT IONS (a) Chairman Peterkin asked Mayor O'Reilly how we came out with our budget? Mayor O'Reilly stated that the tentative budget until June 30, was approved. The budget for the 1980-81 year will be discussed at the City Council budget work sessions. He suggested that the Harbor Commission have some representation there. The commission would be notified when .that would be. Chairman Peterkin brought to the .Commission's attention that Margo Zuelow's proposal was turned down, and Wince-Corthell-Bryson & Freas would be doing the matching ~;5,000 fund for the city. There were questions raised as to the progress _l= · HARBOR COMMISSION MEETING March 18, 1980 of Wince-Corthell's report. Jim Swalley left the meeting to call Mr. Freas & Mr. Bryson, to see if they could come to the meeting. Mr. Freas was in Anch- orage meeting with the Corps of Engineers and Mr. Bryson was in Homer. (b) On Ben Delahay~ memorandum' concerni~ng Sea Catch, Chairman Peterkin noted that according to Mr. Delahay, whoever bought Mrs. Lashley out, could assume the lease payments without going through a new application process. (c & e) Chairman Peterkin was the chairman of a subcommittee including Councilwoman Betty Gl ick and Ben Delahay whiCh met with Mr. Roper to ~discu.ss the possible sale of Tracts B & C and his Corps of Engineer permits. Mr. Roper wanted $150,000. Mr. Roper had stated that he borrowed $65,000 and then another $25,000, which all went into the property. Chairman Peterkin stated'that he offered no backup material to support this. Under these circumstances the subcommittee recommended the City Council reject Mr. Roper's offer. Commissioner Ackerly added that he had spoken with Ruby Coyle and she mentioned that the issuance of the permits requires that all proPerty owners adjacent to the affected area be notified. They were never notified. Chairman Peterkin sug- gested that Commissioner Ackerly write down this information for Ben Delahay's files. There was further discussion and the chair requested that the Admin. Assistant get copies on Tract A for the Commission. (f) Mayor O'Reilly stated that Senator Tillion pointed out that there is Coastal Energy Impact money available when dealing with Lower Cook Inlet offshore drilling in federal waters. There a.re people in Kenai that a~re involved with this and those people need recreational boating, therefore Coastal Energy funds are available. Senator Till ion is now working with us and providing funding ideas. Mayor O'Reilly had notified Jim. Andregg that we would be coming to him asking for Capital fund i ng. Mayor O'Reilly added that Marvin Dragseth has been inVolved in a lot of Commission work and it's been pointed out by the City Attorney that he could be considered a lobbyist. Mayor O'Reilly offered for the Commission's consideration that Marvin Dragseth be appointed to the Harbor Commission from now until Janua'ry 1, 1981. ~he~C'hair' r~commended that Marvin Dragseth's name be submitted for the Commission. Chairman Peterkin asked Mayor O'Reilly what the final date was for the Wince- Corthell study. Mayor O'Reilly replied April 15. He was sure that Craig Freas had already outlined his approach to that study, and suggested a meeting to see if we are in agreement. Chairman Peterkin requested the Admin~ Assistant to set up a meeting with Mr. Freas. He would call for a meeting with Commissioner's to let them know the results. Chairman Peterkin asked Mayor O'Reilly what time the Meeting of all Committees, Mayor and City Manager was. Mayor O'-'Reilly repli'ed that it has been postponed until April 19. There was some discussion on damage to boats in regard to local ~insurance companies, Chairman Peterkin requested that Commissi"oner Ackerly contact the canneries and find out if they have fleet policies. -2- HARBOR COMM I SS ION MEETING March 18, 1980 (g) Mayor O'Reilly commented that the PAC LNG dock is of concern to the City, but it should not take our attention away from the small boat harbor. His suggest- ion to the Commission was to ask for the Borough Mayor's, Ike Waits or Frank Mcllhargey's attendence, and not wait for the final report of the Mayor's trip. e Chairman Peterkin requested that a documented packet be sent to Rep. Hugh Malone Pat O'Connell, Margaret 'Branson, Senator Tillion, Senator Gravel, Senator Stevens, Don Young and Don Statter. The packets would contain; the minutes of-the Special Harbor Commission meeting of March 13, 1980, the letter from Mayor Vince O'Reilly to Captain Wayne Reynolds, the telephone su.rvey to sport fis'hing guides, the ex- cerpt from De.rry & Associates (random survey to Central Penninsula permit holders), the letter from the Cooperative Extensi'on Se'rvi'ce on the training program at Seward Skill Center, the letter from the State of Alaska, Dept. of Labor, the letter sent to the processors from Commissioner Wagoner and the list of processors it was mailed to, the catch data sent from Dept. of Fish & Game, and all letters from processors supporting a small boat harbor and stating benefit cost ratio's. Chairman Peterkin requested that Commissioner Issacs contact Northern Services in the next few days and inquire on the barges scheduled to come into the harbor, and get a letter from them telling how the congestion in the river creates problems. Mayor O'Reilly commented that Mr. Doug Sweat has a proposal for an industrial boat yard in Homer, and because of this project, he has been involved with the City of Homer's port and harbor project. They have a Corps of Engineers permit, then other' permits, which must ha've an acceptable plan. Mr. Sweat pointed out that they made numerous trips to Elmendorf, Seattle, San Francisco, Juneau. The Mayor suggested that the Harbor Commission invite Mr. Sweat and Mr. Farnen, City Manager of Homer to our next meeting. Then we will be able to get a grasp of what's beyond- it will require a substantial amount of administrati~ve work and Commission work. Where will the revenues come from? The City's general fund will be very skimpy as far as availability. Commissioner Ackerly suggested that someone be hired temporarily, for example, for one year. It ought to be justified. Mayor O'Reilly stated that it is a justifiabl~e expense, but where are the revenues going to come from? He commented that this Commission is going to be a revenue source both from the small boat harbor, Airport, and Airport lands. We have been dealing with the expense side of things,. We should start thinking where are we going to be in 1982 or 1983. Port Angeles nets 2 million dollars per year. I haven't the vaguest idea of what the gross revenues .would be on the boat harbor, the Airport or Airport land operations. Maybe we can ask Jim to see what number of revenues we are talking about. In all businesses you have some idea of revenue projections. It will not be in the general account, it will be separate like the Airport account. Jim Swalley added that all monies that come into the Airport, stay with the Airport because of FAA~estrictions. Ai~rport monies go back into Airport develop- ment. Mayor O'Reilly commented that we should be able to approximate what cost will be -3- HARBOR COMMISSION ME~ ~.NG March 18, 1980 to justify maintenance, security, and a harbormaster. Chairman Peterkin requested that Mayor O'Reilly ask Mr. Burnett if he will stay on the Commission for another year. His tern will lapse April'l. He then re- quested that the Admi~n. Assistant check to see how long Mr. Burnett's term was. There 'was further di'scussion on the revenues for the Port Authority. Mayor O'Reilly-commented that City Council would~be slow on passing total authority to anyone. He stated that Councilman Ambarian will call a meeting with those who did the-draft ordinance. COuncil has the draft ordinance, but has not had a chance to pool their comments. Commissioner Ackerly commented that Commissioner Burnett is still proceeding on the Port of Entry, a.nd Valdez will be sending information. Chairman Peterkin added that we have not yet received anything from Senator Tillion:s office. He requested that the Admin, Assistant contact Sandy from his office and request the status of that'information. With no further business the meeting adjourned at 10-30 p..m. The next regular Harbor Commission meeting will be Tuesday, April 1, 1.980, at the Kenai Public Safety Building, at 7'00 p.m. Respectful ly submitted, Kim Howard Admin. Assistant APPR Robt~rt .P~~k fn, Harbor commission -4- 'CITY OF KENAI P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 28~3 - 7535 March 12, 1980 M- E-M-O-R-A-N-D- U-M TO' MAYOR ~I/]~NCENT O'REILLY AND. KENAI CITY COUNCIL FROM- Robefl, t,PL~t~kin, Chairman of Subcommittee .SUBJECT- Mr. Ro~"e~q~" RoPer's offer to sell T'racts B & C of waterfront property currently under lease to Mr. Roper from the City of Kenai and two Corps.~of,-.En:gineer permits which have been ap- proved to build a §pecific designed boat harb°r. ..... ; .. :.~ :;~;:::.:~::: .:~.... Present at the meeting of' MarCh 3 980, 7'30 p;'m; at City Hall were- Mr. Ben Delahay, COuncilwoman Betty Glick, Mr.:.Rob~rt Roper and Robert Pet e r k i n :,.. .................... : ............. :.:.!2::, .... Mr. Roper would like $150,000 f'or:::~'":":h'i':s interest in'~'th'e land and permits. Ihe Committee questione.d. M~.:~,:::::~Roper.:.,~:~as.. to his a'ctual dollar and cents outlay in this prOj:ect, ....... M'"r?;"Roper'mad6' reference to'.$ome $85,000 in revenues he has ~invested i'n the-project. "., '~.~..';." '. "::.~:~. ·. - ,:/ . ': Mr. Roper admits,.~;ithat., there is n.o~?'appr~ciative;:.:.~amoUnt of wOrk done -'on" the actual property sli'te;:"-'~"'In further..:ildiscussion~]w.ith::Mr. 'Roper he said he is not willing to'break Out or i.t'e~'ize .... any actual::cash outlay to justify .... :::.:...~:.,.~;... . .. . his asking price. ..-:..: .............. -,-? ............... --'::~.~.. , ........... ~ .~.~ %.~., '-.. ~";'" ; ........ ~.:c.. ' :~" !..: In conclusion, the. subcommittee recomends.:?:i~o the City Council to reject Mr. Roper's offer to sell his inte'rest in Tracts B & C and the Corps of Engineer permits. CC' BP'kh Harbor Commi ss i oners - .'· .'- · · . . · -' - · -' ' ' ' '"' "' '""'" " --' - ' - , "- -'. ....... .'-'- .... .'- -' -' .. : . · .'-_' o'.. ' - .... -.,;. ..-o .- .~. °c --; '-:-.- 7 :.',.-.'.' ..... HAS S[[N :SSU~D TO '~O~SR~' L "~o?s~" '- "" -'. ' .... ':",~ ON' i'ZS 'August''" 9'78"::"* ,":.::"'-:-:'t" . . '-. · -: . . '_--:.' .- .. ..-..~ ADDRESS OF PE'RMITTEE ' mx 4R' '' ' ...... ' .....· ': -~ :.' "'. .' "' ' ',~. ~ - . ' ,:".,.,-'.'?.: .... !2:. ' ' · ..... ' .......... ' .- -'. ...... .z: THIS PEKXCfT SI-[~ BE NULL ~ VOID IF" . Tn~ .'~I4~i]-DR!ZED I'~ORK I5 NOT CO',2LETED t.,~_DRC~ R. ROBf~I'SON '""'--"'""'"": · . · D,~ Form 4336 ,,,, ~ .-.:-.. THIS t~OflCE NUST 'BE CoI~SpICuousLY DISPLAYED AT THE SITE O,r - - ' ' -' ' .-czZ~'~-. REPLY TO ATTENTION OF: NPACO- RF Menai River 33 DE -'II:~TMENT OI:: TI4E ARM'f' AL ...4KA DI6TRtCT, CORPS OF ENGINEERS P.O. 130X 7002 ANCHOF~AGE. ALASKA 99510 Mr. Robert L. Roper Box 48 Kenai_~ Alaska 99611 Reference' 071-0YD-2-780084 Roper, Robert L. Dear ~. Roper' In accordance with your application of 27 ?~rch 1978 transmitted is a Department of the Army permit to constz~ct a dock, boat ramp, 40'x80' bui'ld-ing, 2;,200 cubic yard fill and a bulkhead at Mile 1.8 Kenai River -at Kenai, Alaska. Also .fo~arded is a "Notice of Authorization" which should be posted in a prominent location near .the authorized work. You are cautioned that if the stzn~cture built or the work done is not in accordance with ~he plan attached to this permit, such structure or work 'is cons-idered illegal and may place you at a disadvantage -in suits for damages as a result of collision or other accidents. If any material cl~anges in location or plans of the proposed work are £o~_~nd necessao~ due to u~oreseen or altered conditions, you are required to submit rexrised plans promptly for approval before initiating construction. Notice is hereby given that a possibility exists that the. structure permitted may be subject to damage by wave wash from passing vessels. Your attention is invited to special condition w. of the pez~tit. In accordance with permit condition n. ,. you are,lreRuired t9 in:form thi_s, office of the co~nencement and con~pletion dates" o£ ~che work authorized in the attached pe~it. ' / . / / · S~.nFerel/y~s ,~7 2 Incl PA~ Q . ~ stated O~ief, Regulato~ Fm~ctions Branch 'Ap. pi ic:al'ion No._ ......... 0 7 l-OYD- 2- /:~ 0 L1..8...4 ............ Nameof A plicant Effective Date Expiration Date (If applicable) N/A ~ :. File No. Kenai River 33 DEPARTMENT OF THE ARMY PERMIT Referring to writ.lea request dated__ 27 March 1978 ro.r a permit to' ( )(} Perform work in or affecting navigablew'aters of the United States, upon the recom~ncndationof the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403)' (~-) Di~harge dredged or fill Fnaterial into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Co,~trol Act (S6 Stat. 816, P.L. 92-500)' .. ( ) Trans~r)ort dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); Mr. Robert L. Roper -,, {Here insert the full name and address of the permittee) Box 48 Kenai, AK 99611 is hereby authorized by the Secretary of the Army: to construct a dock, boat rasnp, 40' xS0' building, 3,200 cubic yard fill and a bulM~ead ~x at '"~lile 1.8 Kenai River · (Here desc~be the proposed structure or activity, mud its intended use. In the case of an application for a fiji permit, describe the structures, if any, proposal to be erected on the fill. In the case of an application for the discharge of dredged or f;A1 material into navigable waters or the transportation for discharge in ocean waters of dredged material, describe the type and quaa~tity of material to be discharged.) _______~__._ -~ (ttere to be named the ocean, river, harbor, or waterway concerned.) -~ (Here to be named the nearest well-known locality-- preferably a town or city--and the distance in miles and tenths from some definite point in the s4~rne, stating whether above or below or giving direction by point~ of compass.) in accordance ~with the plans and draw/ags attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks); "PROPOSED DOCK, RA~,~ FILL, BUILDING, ~\rI) BULkqtF~&D; IN' kT~I RI\~R; AT' KI~I, ALRSKA; APPLICATION BY' ROBERT L. ROPER DATE' 27 bkXRCH 1978; 1 SI4F~T "~- '~bject t° the following conditions: I. General Conditions: a. That all 8ctivitics identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifiCally identified end authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the mcdification, suspension'or revocation of this permit, in whole or in part, as set forth mCre specifically in General Conditions j or k hereto, and in the institution of ~uch legal proceedings as the United States Government m~¥ consider appropriate, .whether or not this permit has been previously modified, suspended or revoked in whole or in part. FORM 1721 EDITION OF JUNE 1968 IS OBSOLETE. (ER 1145-2-303) ENG I APR 74 ] b. That ali activities autt~o~ized herein shall, if tl~ey involve a discharge or deposit into navig:-~ble we',ers or ocean waters, be at all times consistent With ~pplicablo water qu.~lity standards, effluent limitations and standards ~f performance, prohibitions, and pretreatment standards established pursuant to Sections. 301, 302, 302 and 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816)', or pursuant to applicable State and local law. c. That when the activity authorized herein involves a di,z~zh:~rge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable ,water quality standards are revi~d or modified during the term of this permit, be modified, if nc, ce~sary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees t6 make every reasonable effort to prosecute the work authorized herein in a n-~anner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. That the perrnittce agrees to prosecute tho work authorized h0rein in a manner so as to minimize any de,3radation of water quality. f. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed u;~der authority of this permit is'in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. h. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or loc. a! assent required by law for the activity authorized herein. " i. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caus_~:! by or result from existing or future operations undertaken by the United States in the public interest. ]. That *,his permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that imm~.~liate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee., of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the' District Engineer to abate imminent hazards to the general public interest. The permittee shall take im~.-~ediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may r~quest a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procc-dures pre~ribed by the Chief of Engineers. After completion of the hearing, or within a re~sonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified'or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized r~.gr~entative determines that there h~s been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify tho facts or conduct warranting same unless (1). within tho 30-day p0riod the permitt0e is able to satisfactorily demonstrate that fa) the alleged violation of the terms and the conditions of this permit did not, in f~ct, occur or (b) the alleg~ed violation was accidental, and the pormittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future ola0ratio,~s shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30-day period, the pcrmittee requests that a public hearing be held to present oral and written eVidence concerning the proposed modification, suspension or revocation. The .conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall t>~ pursuant to procedures prescrib,?cl by the Chief of Engineers. I. That in i~uing this permit, the Government has relied on the information and data which the pern~ittee has provided in connection with his permit application. If, subsequent.to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, su;pended or revoked, in whole'or in part, and/or the Government may, in addition, institute ~,ppropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for d~]m~jos against the United States. n. TJx:;! ti~c p¢,~itt~)~ ~.:~:~ll noti[y tl-,e D[-.~rict E[-~il~:.;~ ~l ~*z',~nt tirrt3 tt~o oc~ivi:y ~ult~oflzu(J h,,-, in will ~ colnmonzcd, es far in ~d~n~e of the tirp, o of comrn~ncc:ncnt ns t~- trict Engineer may s,,.:,.~ify, and of 8ny su~(~nsion rk, if for a pari~ of more than' enOw.z-ak, rc~Jmption of work ~nd its co~)la..~. o. That if the nctiv[.ty aut~orized herein is not started on or before day of .... lDo(one yL-or from the date of irsua~e of this p~nnit unlcr~ othg~',4se sp~ifi~) ar~.d is not conq_)lelc~ on or before day of ,19 .... (three years from the date of is~da[~e of this.pc-:mit unCLes oth~wi~ specifiC) this permit, if not ~ously revoked or ~ecifi~lly external, shall automatically e~ire ..... . · p. That r~ ~ttc;npt sh:ll ~ maria ~t tbs p~mi~ to pre-:ant tho full a~ fr~ b~ ~y the p~]blic of all navigz~ble waters at or adjacent to the ~v;W zuthorized'by this permit. . . ,. q. ~t if the display of {]:h~s ~ :]~[s c~ ~ny s~ructure ~ ~,~k suthoriz~ herein is not otherwise provided for by law, such lights c~ ~g4~cis ~ ~y ~ pr~rib~d ~ tAe Unit~ S~t~ Cocst Guard ~hall be installed and maintained by and at the expen~ of the r. T~t this permit does not authorize or ~.proVe the con,ruction of particular structures, tho authorization or approval of whi~ ~y r~uire authorization ~ the Con,-ess or other agonies of the Federal Gover[~ment. ~. That if and when the permitt~ dashes to a~ndon the ~ctivity authorized herein, unless such at)andonment is part of a transfer ~oc~ure by which the pe~ittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must r~tore the area to a condition ~tiCacto~ to the'Di~rict Engineer. t. That if the recording of this permit is possible under applicable State or local law, tt~e permittee shall take such action as may be neces~ry to record this permit with the Register of Deeds or other appropriate official charged with the re~onsibilit-y for msintaining records of title to and intere.-'ts in real property. u. That there shall be no unreason;hie interference with navigation by the existence or use of the activity authorized herein. v. That this ps-mit may not be transferred' to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the ~ace provided below and thereby. >greeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms end conditions ~pecified herein and this permit shall, be recorded along with the deed with the Register of Deeds or other appropriate official. i:. The following Special Conditions will be ~pplicable when appropriate: STRUCTURES FOR SMALL BOATS: That permit-tee h~reby recognizes the po~i~lity that the Structure permitted herein may be r-ubJect to d,errage by wave wcsh from ps~ir',g v~se!s. The issuance of this permit does not relieve the permittee from taking a!l proper ~tcps to inr~ure the intc-'~rity of th6 structure permitted herein and the safety of boats moored thereto from damage by wave wash and the pct'mitt6~ ~hall not hold the United States liable for any such damage. DISCHARGE OF DREDGED' MATERIAL INTO OCEAN WATERS: The: the permittee ~.ll place a copy of this permit in a con?2Jcuous place in the ~,e~-,ol to bo u*.od for the transportation and/or dumping.of the dred(.?d material as authorized herein. ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee, upon. receipt of a notice of r~vocation of this permit or upon its expiration before completion of the ~uthoriz~d structure or work, shall, without exp~nse to tho United States and in such timo and manner as the $ocretary of the Army or his authorized representativ~ may direct, restore the waterway to its ' roomer condition~ If th~ permit"too fails to Comply with th~ direction of the Sec~'etary of the Array or his authorized repros:ntative, the ,.~scretary or hiJ d~;i~nee rosy r~;tore the'waterWay to its former condition, by contract or otherwise., and recover the cost thereof from the pO ITrl itl: e-~, · , MAINTENANCE DREDGiI',~G' (1) Ti~t when the work acrthoriz:d herein ir,cl,.~des p~.,riodic nxaintanance dre~eing, i't may t.~ [.~rformed under this perrnit for__~years froin the date of issuance of this perinit (ten years units otherwi.,'.e indicated)' and (2) That tim pern~ttce, will advise tt~e Oistrk':t Engi~eer in v~iting ~t least two weeks befo~'e he intends to undertake any maintenance dredging. . I1.. S~ecial Conditions (Here list conditions reiatingspecifically to the proposed structure or work authorized by this permit)' · a. 'II,at the dock and fill shall not be used .for permanent storage of petroleLm~ products. b. ~]~at the pennitee s]~all prepare a spill prevention control and co~mtezm~easure plan .if petro].e~m~ products are to be handled, transferred, and/or ten~orarily stored on the fill. ~q~is plan shall 'be coord.inated with Enviro~nental Protection Agency and Alaska Department of Envirop~nental Consez~,ation. c. That all. in-water placement of fill. nmterial shall be conducted only from 15 &uae to 1 July and 1 October to 1 April each year.. Thi~ pcrmit shall becom3 effective on the d. ate of the District Engineer's signature. Permittc~a hereby eccc;~ts and a.~rees to comply with the terms and conditions of this permit. ..,-] ,', /? .. _ _ v J PERMITTEE ~ TITLE DATE BY AUTH~O ITY OF'THE SECRETAP~Y.J~F__I~E'AR~ ' COLONEL, COI~S OF ENGINEERS VEI1NELLE T. SMITH DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Lt. Colonel, Corps of Engineers Deputy District Engineer DAT~ _o Transferee hereby agrees to comply with tho terms and conr~:tio~',s of this permit. TRA~JSFEREE DATE · 22~ . " PRO,POSED DOCK, RAN~P, FILL, BUILDi',~G, AND BULKHEAD ..in' 'K£NAI RIVER at: KENA1, ALASKA application by' ROBERT L. ROPER 2'- o ~.<'_.~__m~-._,,/,.a- ROBERT L ROPER ~N¥ OF YFi~ CORPS OF ENGINEERS IIOTICE OF AUT~OR. IZATiOIt 18 October ~AI RIVER 33 A PERMIT TO ENL~LRGE 3aN AUTHORIZED DOCK, RELATE gan AUTHORIZED BOAT ~\'~ ~k\~3 CONSTRUCT ADDITIONAL FACILITIES CONSISTING OF A BCi~T HA~OR GRID BOAT ~L&\~, WOOD~-N FLOATS, FUELING DOCK, AN~3 SHEET AND TIMBER PILE BULKHEADS IN THE KENAI RIVER AT KEN.M~, ALgSKA 19 79 HAS BEEN ISSUED TO ROBERT L: ROPER ON //d~/ 19 ADDRESS OF PERMITTEE BOX 48 J'A~J'F~~.. FErtO/_~ LT..FC:OLONEL, CO,RP$ .,~,F, · ~AI, ALASKA 99611 P[~T Nt.J~F~ 07].-O~-2-7S0209 THIS PEK\4IT SIt~J_,L BE NULL & VOID IF ~.~.'.,¢0 -,. >~_(~_c..~ /-.-, ..... I~.j,:}Idct £ng~neer TIlE AUTHORIZED I~©RK IS NOT CQXlPLETED . ./"]..LEE R. NUNN ' ~ ~..~s F T~-m DAT~. OF ~SSU~NC~. ~_~E6~C;',~, COP, PS OF £~(I Form 4338 ~, ~0 IP, 18 h011C£ l~llJ$1 ~[ C0iqSPI~UOHS[¥ DISPIAY[D Al IH[ 811[ 0[ ~,~?01tK.. ~ C~PO: 1977 232-984 REPLY TO ATTENTION OF: NPACO- P,.F- P Kenai River 33 DEPARTMENT OF THE ARMY ALASKA DISTRICT, CORPS OF ENGINEERS P.O. BOX 7002 aNCHORAGE, ALA~3,Ka 99510 00T 1 8 1979 · . Mr. Robert L. Roper Box 48 Ke~ai, ,'Alaska 99611 Reference- 071-OYD-2-780209 Marine Industrial Park Kenai River, Kenai, AK Dear Mr. Roper- Inclosed is the signed Department of the A~ny pe~nit authorizing the referenced work. Also, inclosed is a Notice of Authorization ~,~hich should be posted in a prominent location near the authorized work. · Please furnish this office in writing the starting and completion dates as' soon as they are available'. If changes in the location or plans of the work are necessary for any reason, revised plans should be submitted to this office promptly. If the changes are acceptable~ the approval, required by law before construction thereon is beom.m, will be issued without delay. S~cerely, 2 Incl As stated ef, Regulato~ Functions Branch _ ._ Application No. 071-OYD- 2- 780209 Name of Applicant OOl 1 8 Effective Date Expiration Date (if applicable) File No. Kenai River 33 _N/A DEPARTMENT OF THE ARMY PERMIT Referr,ng to ,written request dated 17 July 1978 .fo~ ~ n~...i~ ~o' ( ~ Perform work in or affecting navigable waters of the United States. upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899'(33 U.S.C. 403)' ( ~ Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to'Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); · ( ) Transport dredged material for the purpose of dumping it ,nto ocean waters upon the issuance of ,~ permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532)' ]~,~. Robert L. Roper Box 48 Kenai, Alaska 99611 is hereby authorized by the Secretary of the ,Army' '° enlarge an authorized dock, relocate an authorized boat ramp and constznact additional facilities consisting of a boat harbor, grid, boat ramp, wooden floats, fueling dock, and sheet arid timber pile bulkheads the Kenai River and adjacent wetlands ..., Kenai, Alaska irs acc,~rdance xx'itl~ thc pla,~sa.ddrawings attacl~ed hereto v,'llicl~ are incurpu~'atcd in and made a part of this p. crmit (¢)n drawings' give file nu~bcr ~)r oilier del'i~lite identification marks.) "PROPOSED BOAT HARBOR; IN' MILE 1.8 OF KENA1 RIVER' AT' CITY OF KENAI; APPLICATION BY: ROBERT L. ROPER; DATE' 17 JULY 1979(REV); 2 SHEETS" I. General Conditions: a. That a~l act~v,t,es identif,ed and authorized here,n shall be cons,stent w,th the terms and conditions of this permit; and that any activities not spectf,cally ident~f~t.-d and authorized here,n shall constitute a v~olation of the terms and conditions of th,s permit which may result ,n the mod~i~cat~on, suspension or revocat,on of th~s perm,t, in whole or in part, as set forth more specif,cally in General C:°r~d't'°r~s I or k hereto, and ~n the ~nst,tut~on Of such legal proceed,ncjs as the Un,ted States Government may consider appropriate. :'.t;t-thur or not th~s permit has been previously' mocJ~f,ed, suspended or revoked ~n whole or in part. FORM ENG ~ JUL 77 1721 EDITION OF I APR 74 IS OBSOLETE · (ER 1145-2-303) · b. That all acl,v~t~s authorized t~ureln shall, ~! they ,r~volve, during their construction or operalion, any d~scha~gu et pollutants ~alur-s ur' lbo Un,~ed Stales or ocean waters, be al all l,n~es consistent wilh applicable water quality standards, efflu,~nt I~n~l,]t~ons and standards of i)ertotmance, p~o~tJ,l~ons, I;~el~atr]'~ent siand3rds and [nanagu~ncnl practices.established pursuan~ Io tho Federal Water Pollution Conlrol Acl of 1972 (P.L. 92-500:86 S~at. 816), the Ma~ine Protecl~on, Research and Sanctuaries Act of 1972 (P.I_. 92-532, 86 S~at. 1052),or pursuanl ioappl~cable S~aie and local law. c. That when the activity authorized hereIn involves a discharge during its construction or operation, of any pollutant (including dredged or f~ll matef~al), into waters of the United States, the authorized activity shall, if applicable water'quality standards are revised or mod~t~ed (:lu~ing the term of th~s permit, be modified, if necessary, to conform with such revised or modified water quality standards within t~ monlhs of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained ,n such ~ev~sed or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator el the Environmental Prolection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the perm~ttee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized here~n ~n a manner so as to minimize any ad.verse ~mpact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he Will prosecute the construction or work authOrized herein in a manner so as to minimize any degradat,on of ~,~'a~er quality. : g. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic' inspections at any t,me deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance wrth the terms and conditions prescribed here~n. h. That the perm~ttee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not.authorize any ~njury to property or invasion of r,ghts or any infringement of Federal, State, or local laws or regulations nor does it obviate the requirement to obtain State or local assent, required by law for the activity authorized herein. j. That this permit' may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity author,zed here~n would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written not,ce thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken,by the permittee which are deemed necessary by the District Engin,_:er to abate imminent, hazards to the general public ~nterest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receIpt of th~s not~ce of suspension, the perm~ttee may request a hearing in order to present information relevant to a decision as to whether h~s perm,t should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable ',irne after issuance of the suspension not~ce to the perm~ttee if no hearing is requested, the permit w~ii either be reinstated, modified or revoked. k. That th~s permit may be either modified, suspended or ~evoked in whole or in par~, if the Secretary of the Army or his authorized representative determines that there has been a v,olat~on of any of the terms or conditions of this permit or that such action would . otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt b,,, the permittee of wr,tten notice of such action which shall specify the facts or conduct warranting sa~ne unless (1) within the 30-day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the allegedvlolation was accidental, and the perrnittee has been operating inco'mpliance w,lh the terms andcond~tions 'of the permit and is able to prov:de satisfactory assurances that future operations shall be ~n full cor'npl~ance w~th the terms and conditions Of th,s permit; or {2) w,th,n the aforesaid 30-day period, tile perm~ttee requests that a public hearing be held to present oral and written evidence concerning the proposed modlficat,on, suspension or revocation. The conduct, of this hearing and the procedures for making a final decision e,ther to modify, suspend or revoke th~s permit in whole or in part shall be pursua~t to procedures prescribed by the Ch,el of Engineers. I. That in issuing this permit, the Government has rel~ed on the information and data which the permittee has provided in connection with h~s permit application. If, subsequent to the issuance of this permit, such information and data prov,e to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the GoVernment may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the perrnittee shall notify-the D~str~ct Er~g~neer at ¥%.hat time the activity authorized herein will be commenced, as far in advance of tile t~me of commencement as the. D,str,ct Engineer may specify, and of any suspension of work, if for a period of more than one week, resu~;ption of work and its complet,on. o. That ~f the activity authorizud herein is not started on or before _ ..... {lay of 19 (one year from the date of issuance of this permit unless otherwise specified) and is not co,¥~pleted on or before day of ,19 (three years from the date of issuance of this permit unless otherwise specified) this permit, if not I.~reviously re\,'ol.:ed or specifically extended, shall auto~atically expire. p. That this permit does not authorize oi' approve the construction Dr..particular.structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal G'pvernment. ,. q. That if and when the perrnittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. " r. That if the recording of this permit i.s possible under applicable State or local law, thepermitteesh~ll take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official Charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That thiS' permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to c°rr~ply with all terms and conditions of this permit or by the transferee subscribing to this perm'~t in the space provided belovv and thereby agreeing to comply with all terms and conditions .of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and th~s permit shall be recorded along with the deed with the Register of Deeds or' other appropriate official. II. Special Conditions: (Here I~st conditions relating specifically to the proposed structure or work authorized by this permit)' a. 71~at the dock shall not be used for permanent storage of petroleum products. b. That the permittee shall prepare'a spill prevention control and countermeasure plan if petroleum products are to be ha~dled, transferred, and/or temporarily stored on the fill. This plan should be coordinated with the Alaska Department of Environmental Conservation and the U.S. Environmental Protection Agency. . c. That dredging or filling operations in 'the ~enai River shall be conducted only from 15 J~me to 1 July and 1 October to 1 April of each year. d. ~at fill material, shall be sloped to provide surface drainage away from the creek and harbor. e, That the harbor shall not be cozmected to the ~enai River before all other excavation and filling has been completed. · f' That a' buffer zone shall be established.for a minimum of 5 feet on either side of the existing croek, Upstream. of the proposed harbor. filling or other construction shall occur within this buffer zone. No .g. ~at the drainage easement along Beaver Loop Road Extended shall be maintained. h. ~at fill areas subject to erosion by sur£ace z~moff, wave a. ctio.n, or currents shall be suitably protected to prevent increased siltation of the ~enai River. i. ~at the dock shall be built in compliance with 33 CFR Part 126 for handling dangerous cargo/bulk pet~ole~n. j. ~a't sanitary wastes, oily b-ilge, engine oil, £ish clem~ing wastes, and 'galley wastes shall not be discharged into' the boat basin. (Special condi.tiOns continued on page 3A.) 3 'The follow~ng Spec,al Condor,ohs vv,ll be applicoble when appropriate' S?RUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That th~s permit does not authorize the interference with any existing or proposed Fe(~:ral project and that .the permittee shall not be untilled l° compensat,on for domage or injury to the structures or work authorized herein which may be caused by or result flora ex~st~ng or future operations undertaken by the United States in the publ'iC interest. · . , . , b. That no attemp! shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent ~o the ac:tiv~ty authorized by this permit. " . · ,. c. That if the display of l'ghts and signals on any st. ructure or work authorized herein is not otherwise provided for by law, such l~ghts and s~gnals as may be prescribed by the United Stales Coast Guard shall be installed and maintained by and at the expense of the' perm,tree. -. .. d. That the perm~tteeo upon receipt of a nol~ce of revocat,on of th~s permit or upon its expiration before comple~ion of the authorized slrucIufe or work. shall, vvtthout expense to lhe Un,ted Stales and in such tinge and manner as the S~cretary of the Army or h~s authorized represenlative may d~rect, restore lhe waterway to ~ts former conditions. If the Permittee fails to comply w~lh the d~rect~on Ot the Secrelar¥ o! the Ai'my or h~s authorized representative, 'the Secretary or h~s designee may reslore the waterway ID former cond,lion, by contract or otherwise, and recover the cost thereof f~om the permittee. · e. Structures for Small Boats: That permittee hereby recognizes lhe possibility thai'the structure permitted herein may be subject damage by wave wash from passing vessels. The ~ssuance of this permit does not relieve [he perma,tee from taking all proper s~eps to ~nsure the integrity of the structure permitted herein and the safety o! boats moored thereto from damage by wave wash and the permittee shall r,ot hold the United States I~able for any such damage. . MAINTENANCE DREDGING' ' · a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated)' b. That the permittee will advise the District Eng,neer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity w~th the goals and objectives of the EPA Guidelines'established pursuant to Secti'on 404(b) of the FWPCA and published in 40 CFR 230; .. ., . b. That the discharge wi!i consist of suitable materia. I free from toxic pollutants in other than trace quantities; .. c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution; and · d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State vv~ld and scenic river system. .. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS' a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published ,n 40 CFR 220-228. · . . · b. That the permittee sha!l place a copy of this permit in a conspicuous place ~n the Vessel to be used for the transportation and/or dumping of the dredged mater~al as authorized here~n. · Th~s permit shall become effective on the date of the D~str,ct Engineer's signature. : · ~'~O~LONEL, coRPS OF ~XGI)5~¢~S DISTRICT ENGINEER, U S. ARMY, CORPS OF ENGINEER~T COLONEL, CORPS OF ENGINEERS DEPUTY DISTrICt ~;,~ NEER Transferee hereby agrees Io con'~ptv w~h th~ terms and cond,t~ons of lh~s permit. Perm~ttee hereby accepts arid agrees to connply with the terms and conditions of th~s permit. PERMITTEE ~ TITLE DATE DATE TRAr,;SF E RE E DATE CONTIN~JATION OF SPECIAL CONDITIONS TO DEPAR'IMENT OF ~I-~E AR~9/ PE~\~IT K~NAI RIX~R 33 (071-OYD-2-780209) k. ~l~at the basJ. n an'd channel shall be sloped toward the river to prevent fish entrapment. 1. That a]_l cut banks in the harbor and on the sides of the fill shall have a slope of at least 2 to 1 and be riprapped to prevent erosion. m. That uses of fill shall be limited to water dependent facilities. n. l~at wetlands on the developer's property surrounding the fill shall' b'e maintained intact. 3A IN ;-~EPLY f'{EFER TO: UNITED STATES R T M i\l ]' O F T ,_ E ! I',ITEi'- IOR I I FISH AND WILDLIFE SERVICE 1011 E. TUDOR RD. ANCI-tORAGE, AI_ASKA 99503 (907) 276-3800 2 8 SEP $79 Colonel Lee R. Nu'nn District Engineer Alaska District, Corps of Engineers P.O. Box 7002 Anchorage, Alaska 99510 Re- Roper, Robert L. 07i-OYD-2-7 80209 Dear Colonel Nunn' This responds to your letter of 29 August 1979 concerning Mr. Robert L. Roper's revised application to construct a boat harbor on the Kenai River. The resource values of the lower Kenai River and adjacent Kenai Flats are high, as documented in your 1978 report, Kenai River Review. Because of the biological significance of this area, the probability of continued development pressure, and our opportunity to' participate in development of the district coastal zone management plan, we have given considerable attention to a management proposal. We are recon%q~ending that the Kenai Flats a~ea, including floodplain ~.~etlands from the river mouth upstream to about river mile 12, be designated as an "Area Meriting Special Attention" (AMSA) as provided for by Federal and State coastal zone management legislation. This plan will be presented to the Kenai Peninsula' Bo'rough and interested agencies in the near future. As you are aware, we normally do not object to legitimate ~,~at'er dependent projects located in ~¢ater or wetlands when there are no practJ.cable alternatives, provided that appropr~.ate mitigation measures are included. However~ occasionally an area's biological resource values are so high and so sensitive to change that development must be foregone if those values are to be maintained. 'We believe that without a long-term resource protection plan, there will continue to be encroachment into the Kenai Flats and eventually the resource values which federal agencies are charged to protect will be piecemealed away. . · We recognize that there is a public need for the proposed project in the Kenai area. HoweVer, it is only in the context of a long-range pl;tn that ¥;e can concur with the issuance of the subject permit .for work in the Kenai Flats. We are recommending that most of the Kenai Flats wetlands r. be kept i.n theJ. r ~tural state, and not subject to dredge and fill activ.it.i, es or other pertu:b~tion, tlowever, we are suggesting the establishment of "conservat].on zo~es" where future controlled develop,:nent 'would be permitted. These zones would be located in the v~.cinity of the existing Columbia-Ward and Sea Catch'"fish. proCessing facilities and downstream from the Roper developm~_~nt ~long the right bank of the river, thus allowing for some expansion of water ~ependent facilit, ies. We believe that further encroacl:nents into the Kenai Flats should not be permitted until areas suitable for development with_~.n the "conservation zones" or otherwise outside the recomJnended AMSA's boundaries are fully and efficiently utilized for water dependent facilities. Altho~gh development of our' AMSA proposal has not been finalized and we have no com~nitments frOm the Kenai Peninsual Borough> :in light of our current thinking xCe are removing our objection t.o the r,e. vised nr~r~ot provided that the fo!lo,:-.~g s~-zpu.~ations are included in th~ permit' '1. The basin and channel shall be sloped toward' the river to prevent fish entrapment. ,2. All inwater work shall be conducted from June 15 to July 1 and October 1 to April 1 of each year in order to avoid J~npacts to major salmon migrations. · 3. Ail excavation and fill activities shall be completed before the mouth of the .harbor is opened. · 4. Ail Cut banks in the harbor 'and on the sides of the fill shall have a slope of at least 2 to 1 and be reinforced according to' methods depicted in the Corps' report entitl'ed Kenai River Review (pp. 45-48). 5. Uses of fill shall be limited to water dependent facilities. 6. An Alaska Department of Environmental Conservation (ADEC) and Environmental Protection Agency (EPA) approved oil spill contingency plan st~ali be implemented for fuel storage facilities. 7. Wetlands on the developer's property surro~nding the fill shall be maintained intact. Potential impacts to the Kenai River wi. 11 be lessened with adherence to these stipulations. Future permit applications in the Kenai Flats will be evaluated by the Fish and Wildlife Service in terms of crunulative effects and recon~mendations developed in our AbiSA proposal. Thank you for the oPportuntiy to comment on this revised per,nit applicat~_on. ~Si{;.cerely you~,f / cc' AOES, WAES ADF&G, NMFS, ADEC, Juneau ADF&G, N~fFS, ADEC, EPA, Anchorage Kenai Peninsula Borough, Soldotn'a Office of Coastal Management, Juneau.. PROPOSED FUEL FACII_I-TIES -- -- · (.AT.~-O'~.-~-> ~..t~,"-r~,.'F':_,--" (ACCOMODATE 36' BOAT S) . . . · . . . . . , ' K e ~ ~ a i..1 ~_.~ ~: c~:_ 3~ ....................... '' '~ ~ . PROPOSED BOAT HARBOR ""'~. · MII_E 1.8 of KENAI RIVER CITY OF KENAI · KENA! PENINSULA BOROUGH STATE OF ALASKA APPLICATION' ROBERT L. ROPER