HomeMy WebLinkAbout2004-06-07 Harbor Commission PacketSPECL9L KENAI HARBOR COMMISSION MEETING
JUNE 7, 2004
KENAI COUNCIL CHAMBERS
7:00 P.M.
AGENDA
%TEM 1: CALL TO ORDER Ss ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: NEW BUSINESS
a. Discussion/Recommendation -- Kenai Peninsula Borough Chapter
21.18 - Anadromous Streams Habitat Protection
b. Discussion/Recommendation -- Kenai Boating Facility Exit Road
ITEM 4: ADJOURNMENT
j "l/illa9e wit~t a fiast, Gc~ cvit~i ~ f
r,N~~-,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794
- Telephone: 907-283-7535! FAX: 907-283-3014 `'~~~~
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KEKA~ SKA
MEMORAIl~DUM
To: Kenai City Council Members, Planning ~c Zoning Commission Members and
Hazhor Commission Members
Fcom: Linda L. Snow, City Manager
Date: Apri18, 2004
RE: KPBC 21.18.010 Anadromous Streams Habitat Protection Program
The Administration was asked to research and provide specific information about what
administrative and field work would be required if City Council decided to enact and
authorize the administration and enforcement of the Borough habitat protection
ordinance. Attached are the following documents to help you become familiar with the
issue: (I) a copy of KPBC Chapter 21.18; (2) aMulti-Agency Permit packet, which is
currently distributed to the public by the Kenai River Center; (3) a spreadsheet of the
permits issued (by type and number) within the Kenai city limits since 1996; and (4) a
copy of the Borough Planning Commission Resolution 2004-13 granting a conditional
use permit for the Kenai Landing Boat launch ramp project.
The best way to begin describing the administrative and field work requirements to
administer and enforce KPBC 21.18 is to start with the process currently used by the
Borough and which would also be used by the City if Council decides in favor of taking
over this program from the Borough.
Anyone planning any kind of a project within the habitat protection area (KPBC
21.18.040) must submit a project application to Borough personnel at the Kenai River
Center. In trying to determine whether a planned activity requires a permit, applicants
most often meet with various agency personnel both in the River Center office and at the
project site before the application is finalized. If the application plans, as submitted, meet
the requirements under KPBC 21.18.070 (B), a letter is sent to the property owner
advising that while the planned activity does not require a conditional use permit under
the Borough ordinance, a permit will be required by other named agencies (as may be
applicable). For fuel storage and logging activities, there must be an initial determination
from Borough staff about whether the proposed activity is located within the Borough's
flood hazard area (KPBC 21,06 and 21.18.050).
According to John Mohorcich, about 90% of all applicants will need permits from
agencies other than the Borough, e.g., Department of Natural Resources, Department of
Fish & Game, Department of Environmental Conservation, Corps of Engineers,
Environmental Protection Agency, U.S. Fish & Wildlife, etc. Therefore, initial meetings
and field work will help determine which of the permitting agencies may be required for
further reviews and permitting. These meetings also help the applicants provide accurate
measurements and project descriptions, answer any questions the applicant may ha~. ;;
about which activities are prohibited within the protection area (KPBC 21.18.060), which
activities maybe conducted in the area without obtaining a permit from the Borough,
which activity may be permitted by the Borough within the protection area (KPBC
21.18.072), and which prohibited activities may be issued a conditional use permit by the
Borough (KPBC 21.18.080) at no charge. Additionally, some activities may be allowed
under KPBC 21.18.090 regarding prior existing activities and structures. While many
projects may appear to be prohibited at first glance, working closely with the applicants
to find ways that projects may be authorized will more likely result in successful projects
and promote better relationships between the agency and citizens.
Once the application is finalized and submitted, it is copied to all other permitting
agencies for further review. The review group schedules administrative review meetings
weekly and field reviews individually or as may be agreed upon. The Department of
Natural Resources requires permit decisions to be issued within 30 days of receiving the
application, so all of the other agencies comply with that time frame for the purpose of
coordination and cooperation.
If the City of Kenai were responsible for the administration and enforcement of this
ordinance, it is clear that a transition time would be required for implementation, during
which the Administration, Planning & Zoning Commission, and City Council would need
to be educated about the intricacies of KPBC 21.18. This could be achieved and make
the transition easier for everyone if we held a couple ofjoint work sessions for
commissioners, council members, and staff. In addition to the work sessions, our public
works staff would need further training in the technical aspects required to provide
citizens with the specific knowledge and expertise required for the anadromous streams
habitat protection program. The most effective way of doing this would be to provide
staff with on-the job training; in other words, we would schedule varied work
"internships or apprenticeships" with Borough personnel at the River Center during the
summer when there are many ongoing projects and new applicants. In addition to
teaming how to do the job, we would also be establishing the cooperative working
relationships with Kenai River Center agency personnel needed for successful program
implementation. We would then transition to the City's program during the fall and
winter when there are not so many projects.
During the interim period described above, we would undoubtedly discover many more
ways of providing for a smooth transition than we can envision now. Af this time,
however, it is anticipated that we would be able to use the existing gemtit application
packets with the inclusion of a new City of Kenai file form. If application packets are
distributed to and received from eesidents of Kenai at Kenai City Hall, as well as at the
Page 2 of 4
River Center, it would be important that our public works personnel schedule meetings
with the applicant and the Kenai River Center agency personnel as soon as possible to
begin the initial meetings and field work process. In addition, we would request the
applicant complete the Kenai file form, so that we could set up a file within a newly
established file sVStem and document the initial application process far our records. If
the Kenai resident obtains the application packet from the River Center, then the Kenai
file form can be faxed to the public works department at City Hall and meetings
scheduled so that our staff can be involved with the applicant and agency personnel at the
Kenai River Center. Our staff would attend all weekly reviews at the Kenai River
Center. We would work closely with the applicant and the Kenai River Center group to
help the proposed activity become a permitted use, so the applicant could either avoid the
conditional use permit process or avoid being denied a conditional use permit.
As you can see from the attached spreadsheet of permits issued for activities within the
City of Kenai since 1996 through March 31, 2004, there have been 64 permits issued, but
only two of those projects (code 080: a satellite dish in August 2002 and a boat launch
project in March 2004} have required a conditional use permit and, therefore, required
approval by the Borough Planning Commission. The Borough Planning Commission
unanimously approved both projects. Optimistically, we believe there will be more and
more projects in the future as the waterfront areas become more desirable for different
types of economic development projects. For your information, I have attached an
unsigned copy ofthe Borough Planning Commission Resolution granting a conditional
use permit for the Kenai Landing Boat Launch Project so that you could glean a better
picture of the duties, responsibilities, and exposure involved should the City of Kenai
decide to take on the administration and enforcement of this program. The findings of
fact stated in the resolution would have been stipulated and written by city staff after
working together with the applicant and the other agencies.
Under the habitat protection program, Borough Code says the Planning Commission may
not grant a conditional use permit unless it determines that the owner will be deprived of
reasonable use of the property without one. if the Plamring Commission finds that
allowing a prohibited activity within the habitat protection area "will cause significant
erosion, destruction of wetlands or riparian habitat, or result in or increase ground or
water pollution, it shall deny a conditional use permit for the requested activity." In the
case of denial by the Planning Commission, currently the applicant would have the option
of appeal to the Borough Assembly. If we adopted the program and a conditional use
permit was denied by the Kenai Planning Commission, the Kenai City Council, acting as
the Board of Adjustment, would be the appellate body.
While the Administration isn't recommending it, we understand Council may wish to
adopt the Borough's Anadromous Streams Habitat Protection program for policy reasons.
We believe the permit issued for the Kenai Landing project shows the administration and
enforcement of this program by the Borough is working very well, and the "one-stop
shopping" concept applied to permitting with all the other agencies is an exceptional
service to the public. Taking over an environmental regulatory program of this nature
notably increases the City's risk exposure and places the City clearly in the limelight
Page 3 of 4
along with other regulatory agencies. As the public works staff spends more anc :Wore
time outside the office at project sites and going back and forth from the River Center in
Soldotna, the diversion of significant resources away from current areas of staff focus
which enhance community and economic development and upon which the City has
invested significant training dollars, will most certainly hamper our ability to be as
responsive as we are now in those current areas of focus. If the Kenai City Council
decides to take over the administration and enforcement of KPBC 21.18, however, we
will do everything possible to do the bestjob possible within the parameters of allocated
resources.
Page 4 of 4
~Uaciu~ient E
21.iS.010 IiENAI PE:~L~SL'LA BORUL'GH CODE
CHAPTER 21.18. ANADROMOUS STREAMS HABITAT PROTECTION*
21.18.010. Purpose.
The purpose of this chapter is to ensure measures for the protection within the Kenai
Peninsula Borough of salmon spawning and tearing habitat are applied in a consistent
manner while recognizing private property rights and providing cities the option to administer
the ordinance within their boundaries. It is the intent of this ordinance to avoid duplicating
regulations of state, federal, or municipal agencies and to minimize conflicts between those
regulations and this ordinance.
(Ord. No. 2000.08, § 2, 5-I6-00; Ord. No. 96-06, § 1(part), 1996)
21.18.020. Findangs.
In enacting this ordinance the assembly finds numerous factors affect the habitat of the
anadromous streams within the Kenai Peninsula Borough. Among others these include bank
erosion, bank trampling, pollution, inadequate tourism infrastructure, unsuccessful attempts
to remedy bank erasion or protect and restore habitat, inconsistent regulations, logging,
grazing, mining, wetland fill and drainage, excavation and fill of property, dredging, inappro•
priately installed culverts, fuel storage, and maintenance of existing structures. The assembly
finds that the sensitivity of the river area requires general prohibition of activities within an
area immediately adjacent to the anadromous streams and only activities which do not
damage the habitat should be allowed. The assembly finds that certain activities have minor
impact and that existing state, federal and local laws and regulations contain sufficient
controls on these activities that further regulation is not currently needed. The assembly
further finds that fuel storage and significant removal of vegetation within the 100-year flood
plain along the anadromous streams need regulation to protect the salmon habitat.
(Oed. No. 2000-08. § 3, 5-I6-00; Grd. No. 96-06, § 1(part), 1996)
21.18.025. Application.
The following anadromous streams, as identified in the "Atlas and Catalogue of Waters
Important for Spawning, Rearing, or Migration of Anadromous Fish" published by the Alaska
Department of Fish and Game, are subject to this chapter:
A. Within the east side of Cook Inlet as follows:
1. Kenai River, Stream No. 244-30-10010, and its following tributaries:
(a) Beaver Creek, Stream No. 24430-10010-2025
(b) Slikok Creek, Stream No. 24430-10010.2030
lc) Soldotna Creek, Stream No. 24430-10010-2039
ld) Funny River, Stream No. 24430-10010-2050
(e) Moose River, Stream No. 24430-10010-2063
*Editor's note-Ord. No. 2000-08, § 1, adopted Nlay 16, 2000, amended the title of Ch.
21.18, to read as herein set out. See the Code Comparative Table.
Supp. No. 6 21-56
ZO:~itiG
(D Killey River, Stream No. 24 4 30-1 00 1 0-20 76
(g) Upper Killey River, Stream No. 24430.10010-2110
th) Russian River, Stream No.i24430.10010-2158
(i) Quartz River, Stream No. 24430-10010-2177
(jD Trail River, Stream No. 24430-10010-2225
2. Swanson River, Stream No. 247-90-10020
3. Kasilof River, Stream No. 244.30-10050
4. Ninilchik River, Stream No. 244-20-10090
5. Deep Creek, Stream No. 244-20-10100
6. Stariski Creek, Stream No. 244-10.10050
7. Anchor River, Stream No. 244-10-10010
8. Fox River, Stream No. 241-14-10645
9. Seldovia River, Stream No. 241.11-10730
10. English Bay River, Stream No. 241-30-20500
Il. Bradley River, Stream No. 241-1410625-2010
12. Bishop Creek, Stream Iv'o. 246.90-10030
13. Chickaloon Creek, Stream No. 247-60-10110
14. North Fork of Anchor River, Stream No. 24410-10010-2011
15. Seven Egg Creek, Stream No. 24780-10010
(Ord. No. 2000-08, § 4, 5-16-001
21.18.030. Periodic review.
21.1&,DSS
As part of its role in comprehensive planning the planning department shall prepare an
assessment of the benefits and effectiveness of this chapter aRer one year, wieh a review every
two years thereafter. In preparing this evaluation the planning commission shall hold at least
one public hearing.
(Ord. No. 96.06, § 1(part), 1996)
21.18.035. Kenai River watershed district.
There is established a Kenai River watershed district comprised of all lands lying within or
contiguous to the Kenai River drainage system as bounded and defined on the official map, a
copy otwhich is attached as Exhibit A, which shall be kept on file in the planning department.
The Kenai River drainage system shall include alt sections of the Kenai River to its outlet into
Cook Inlet, al] tributaries and small lake systems including Kenai and Skilak Lakes and their
headwaters. The purpose of establistung this watershed district is for watershed boundaries
only. Inclusion indicates that the area is important to the Kenai River watershed.
(Ord. No. 96-06, § 1(part), 1996)
Supp. No. G 21-57
'1.:5.040 hE'~:,1 ?E\i\SL"LA 3rJ?2OL'GH CCDE
21.18.040. Habitat protection area established.
There is estabiished an anadromous stream habitat protection area. Except as otherwise
provided inthis-section, this area includes all lands within 50 horizontal feet of the streams set
forth in KPB 21.18.025. This shall be measured from the ordinary high water mark or mean
high water line in tidal areas. Where the banks within this 50-foot area consist of a 60 degree
or more cut bank the habitat protection area shall consist of the greater of 50 feet from the
river or to a point 25 feet back from the top of the cut bank.
(Ord. Iv'o. 2000-08, § 5, 5.16-00; Ord. No. 96-06, § 1(part), 1996)
21.18.050. Flood plain-Restrictions within for habitat protection-Permit required-
Fuel storage tanks and logging-Conditions.
A. No person shall install or replace a fuel storage Bank or conduct logging activities as
defined in this section within any flood hazard area bordering the Kenai River or any of its
tributaries or other anadromous streams set forth in KPB 21.18.025 without first obtaining a
permit from the borough planning director. In this section "flood hazard area" means any area
designated as such pursuant to KPB 21.06 and shown on the most recent flood insurance rate
maps published by the Federal Emergency Management Agency.
$. Application for a permit shall be made eo the borough planning department. No permit
shall be issued unless the planning director or designee determines that the proposed activity
meets the requirements of subsection C of this section. The applicant shall submit site or work
plans showing the location of the activity, the proposed means of conducting the activity, and
information showing that the proposed activity meets the conditions of this section.
C. Fuel storage tanks must be attached or anchored solidly to a structure nr to the ground.
Cables may be used for anchoring that are of sufficient strength to prevent the tank from
tearing loose if it were to float whale empty. The tank must also be installed within an
impervious containment basin of a size sufficient to contain 110''/ of storage capacity plus 12
inches of free board.
D. No permit shall be issued for logging unless the borough planning director, or designee,
determines the clearing does not result in a cleared area larger than 20 percent of the total
area of the parcel provided that clearing for the footprint of a building may exceed this 20
percent limit. Multiple cleared areas may exist on a parcel but the total of all such areas may
not exceed 50 percent of the total area of the parcel upon which the logging permit is sought.
The planning director may also deny a permit upon a determination that the proposed logging
will increase runoff and/or erosion to such levels that it may significantly damage the riparian
habitat and wetlands within the habitat protection area.
E. A decision of the planning director under this section may be appealed to the planning
commission. The appeal must be filed with the planning director within seven days of the date
oC the decision and state the basis of the appeal. Only the applicant or an affected property
owner may appeal a decision.
ford. No. 2000-08, §§ 6, 7, 5-16-00; Ord. No. 96-06, § 1(part), 1996)
Supp. No. 6 21-58
ZOI~I\G 21.18.00
21.18.060. Prohibited activity within the protection area.
Within the habitat protection area established by Section 21.18.040 of this chapter, no
building, construction, filling, excavation, major clearing of vegetation, commercial recre-
ational uses, or activity which results in significant erosion or damage to riparian habitat, or
results in or increases ground or water pollution, can be conducted except when specifically
allowed under KPB 21.18.070, or when a conditional use permit has been issued pursuant to
1{PB 22.18.072 or 21.18.080 or when allowed for a period existing structure under the
provisions of KPB 21.18.0.90.
(Ord. No. 96-06, § 1(part), 1996)
21.18.070. Activities not requiring a permits
A. The acti~zties specified in this section may be conducted within the habitat protection
area zone without obtaining a permit from the borough under this chapter. This section in no
way waives or modifies the necessity of adherence to other provisions of the KPB code,
including 1LPB 21.06 (flood plain management), or requirements of a permit from federal, state
or local governments. Conduct of activities listed in this section are expressly conditioned upon
obtaining all applicable permits. Conduct of activity without obtaining necessary permits shall
be considered a violation of this chapter, subject to the provisions of Section 21.18.110.
B. The following activities, to the extene they do not result in significant erosion or damage
to riparian habitat, or result in or increase ground or water pollution, do not require the
issuance of a permit under this chapter:
1. Minor vegetation management (trimming, pruning, or removal of hazardous trees)
2. Private non-commercial recreational uses that do not involve construction, excavation
or fall of land
3. Construction, installation, repair and maintenance of ladders, steps, cantilevered
walkways, platforms, docks, and bank restoration and protection and maintenance
dredging that are regulated by and require a permit from the Alaska Department of
Natural Resources, State Parks Division, and the Alaska Department of Fish & Game,
U.S. Army Corps of Engineers and other applicable agencies. The activity must comply
with all conditions and regulations imposed on such activity.
4. Boardwalks and gratewalks with less than 75 percent but a minimum of 25 percent
light penetration must be constructed so that no part, other than the supporting posts,
are less than 28 inches off the ground. Gratewalks with at least 75 percent light
penetration must be constructed so that no part, other than the supporting posts, are
within eight inches offthe ground. Boardwalks and gratewalks are not to exceed eight
feet in width, and those boardwalks and gratewalks running along or parallel to the
banks of the streams shall be limited in length to no more than one-third ('/.~) the total
lineal rives frontage of the pazcel on which it is constructed. Boardwalks and
gratewalks must be constructed of wood, plastic, fiberglass, aluminum, steel, oe other
non-toxic material. if the woodrs treated, it must be certified as non-toxic to plants and
3upp. No. s 21-59
2,.h.070 liE\.ll F'ESI'~SL'LA BOROUGH CODE
animals by an independent laboratory or other appropriate agency. Boardwalks and
gratewalks not meeting the above requirements shalt require a conditicnal use permit.
S. Stairways, steps and ladders across land adjacent to the river which is at least 10
degrees steep, or from any adjacent land into the water or onto a floating dock, and
with at least 75 percent light penetration, must be constructed so that no part, other
than the supporting posts, are within 8 inches off the ground. Stairways, steps and
ladders with less than 75 percent but a minimum of 25 percent light penetration must
be constructed so that no part, other than the supporting posts, are less than 18 inches
ofC the ground. Stairways, steps and ladders must be constructed of wood, plastic,
fiberglass, aluminum, steel, or other non-toxic materiai. If the wood is treated, it must
be certified as non-toxic to plants and animals by an independent laboratory or other
appropriate agency. Stairways, steps and ladders not meeting the above requirements
shall require a conditional use permit.
6. Fish cleaning stations. (Covered and/or walled in fish cleaning stations shall requite a
conditional use permit.)
(Ord. No. 2000.08, § 8, 5-16-00; Ord. No. 97-26, § 1, 1997; Ord. No. 96-06, § 1(part), 1996)
21.18.072. Limited commercial activity within habitat protection area
The planning commission may issue a permit for activities to be conducted within or using
the habitat protection area as provided in this section. Permits are required for commercial
activities of the same nature as those allowed under 21.18.070 B. for private non-commercial
use upon conditions that the activity is limited to pedestrian use over boardwalks, stair and
docks necessary to alleviate the increased levels of activity attendant to the commercial
activity. A permit may not be issued unless the planning commission determines the activity
will be conducted in a manner that does not result in significant erosion, destruction or
wetlands or riparian habitat, or result in or increase ground or water pollution. Permits are
conditioned upon compliance with all applicable federal, state and local laws and regulations.
In granting a permit, the planning commission may establish such conditions on the
development, use or operation of the activity or facility for which the conditional use permit is
granted as it determines necessary to prevent erosion, destruction of wetlands or riparian
habitat or result in or increase ground or water pollution. The activity must be conducted on
a portion of property adjacent to the property within the habitat protection area for which the
permit is sought.
(Ord. No. 96-06, § 1(part), 1996)
21.18.080. Conditional use permit.
A. An owner may apply for a conditional use permit to allow activities which are prohibited
within the habitat protection azea. Conditional use permit requests shall be approved or
denied by the planning commission. The construction or installation phase of an activity
requiring a conditional use permit must be completed within one calendar year from the date
of the permit's issuance, or the conditional use permit shall expire. However, prior to its
expiration date, a conditional use permit extension for up to twelve (12) months may be
Supp. No. 6 21-60
ZO \ I ^v G 21.16.091)
granted by the planning director upon written request. A conditional use permit ma}' not be
approved unless it is determined the activity will be conducted in a manner that does not
result in significant erosion, destruction of wetlands or riparian habitat, or result in or
increase ground or water pollution. Conditional use permits are conditioned upon compliance
with al] applicable federal, state and local laws and regulations. In granting a conditional use
permit, the planning commission may establish such conditions on the development, use or
operation of the activity or facility for which the conditional use permit is granted as it
determines necessary to prevent erosion, destruction of wetlands or riparian habitat, or result
in or increase ground or water pollution. Addikionally a conditional use permit may not be
granted unless the planning commission determines that the owner will be deprived of
reasonable use of the property without a conditional use permit being granted.
B. A person seeking a conditional use permit must make application to the borough
planning department. The application shall provide information describing the proposed
activity and demanstrate that the activity meets the conditions for conditional use permit. The
planning commission has no obligation to ascertain whether special conditions can be
developed or imposed unless the applicant has submitted adequate information to demon-
strate that the proposed methods or conditions will eliminate the impacts of the activity within
the protection area. If the planning commission determines a proposed activity will cause
significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground
or water pollution it shall deny a conditional use permit for the requested activity.
(Ord. No. 97-26, § 2, 1997; Ord. No. 96-06, § 1(part), 1996)
21.18.090. Prior existing activities and structures.
A. Intent. There are activities which were conducted, and structures which were under
construction, or exist and were in use before the enactment of this ordinance which would be
prohibited or restricted under the terms of this ordinance or future amendments. It is the
intent of this section to permit these prior existing activities or structures to continue. Any
such activities or structures must still comply with other applicable laws. The activities
referenced in this section shall be allowed if they do not result in significant erosion or damage
to the riparian habitat.
B. Structures. Structures which were under construction or in use before the effective date
of any provision of this chapter, but that would be prohibited or restricted under the terms of
this chapter shall be allowed to continue, provided that a structure under construction must
be substantially completed within two years of enactment of this ordinance. Such a structure
may be maintained or repaired without a permit. Such a structure may also be replaced or
reconstructed within two years after accidental damage to accidental destruction by fire,
explosion, or other casualty or act of God. Reconstruction or replacement not completed within
two years of the date of the damage is prohibited except fin compliance with current
requirements. Such replacement of reconstruction may only be undertaken in the same space
that the structure occupied prior to damage or destruction.
Supp. No. s 21-61
21.18.090 liE\r,I FE\1':SliL:~ BORGL'Gli COhE
C. Activities. This chapter shall not prohibit or restrict activities which were conducted
before the eifective date of any provision of this chapter, provided that, after the effective date,
such activities are conducted in the same location and are not enlarged to include a greater
number of participants or to occupy a greater azea of land.
D. Permits. Any enlargement or expansion of such an activity or structure within the
habitat protection area shall require a conditional use permit. A conditional use permit shall
be granted to an applicant if the enlargement or expansion will be conducted in a manner that
does not result in significant erosion, destruction of wetlands or riparian habitat or increase in
ground or water pollution. The permitting authority may attach conditions to the permit it
feels are seasonably necessary to achieve the above objectives.
E. Other proc~isions.
1. Any prior existing activity or structure which is abandoned for two years or more shall
thereafter not be conducted, used or occupied except in conformity with the provisions
of this chapter.
2. Nothing in this chapter shall prevent any change of tenancy, ownership or manage-
. ment of any prior existing structure.
(Ord. No. 96.06, § 1(part), 1996)
21.18.100. Administration by cities-Delegation-Legal proceedings.
A. The administration and enforcement of this ordinance may be undertaken by a city.
B. A city may adopt the standards established in this chapter or prescribe standards more
stringent than those established an this chapter for the areas of the city within the habitat
protection area or other areas regulated by this chapter. A conditional use permit issued by a
city planning commission may serve to satisfy the requirements of 21.18.072 and 21.18.080.
C. A city wishing to administer and enforce this chapter shall enact an ordinance adopting
the provisions of this chapter by reference, providing the city will undertake the administra-
tion in conjunction with the administration of land use regulations and building and health
codes enacted by the city. Within 30 days of passage of the ordinance the mayor shall transfer
the administration and enforcement to the city. The city may relinquish and transfer the
administration and enforcement back to the borough by ordinance, however the transfer shall
not take effect until 90 days after the city approves the transferor the commencement of a new
fiscal year for the borough, whichever is greater.
D. If a city assumes administration of this chapter, conditional use permit determinations
shall be made by the city planning commission, or by the city council, as provided by city
ordinance. Appeals or legal proceedings taken from actions of the city in administering shall
be the sole responsibility of the city.
(Ord. No. 2000-08, § 9, 5-I6-00; Ord. No. 97-26, § 3, 1997; Ord. No. 96-06, § 1(part), 1996)
Supp. No. 6 21-62
ZO?`I\G 21.15.1a0
21.1b.110. Violations-Enforcement,
i'iolations of this chapter are infractions and are subject to civil fines. Enforcement of the
provisions of this chapter shall be done its accordance with the remedies set forth in KPB 21.24.
(Ord. No. 97-55, § 4, 1997; Ord. No. 96-06, § 1(part), 1996)
21.18.120. Conflict with city land use authority or other laws or regulations.
To the extent this chapter may conflict with any previous grant or delegation of land use
regulation authority from the borough, such previous delegation of authority is modified or
limited so as not to conflict with this chapter. Except as otherwise specifically provided by
another provision of this chapter, the restrictions on use of land activity established by this
chapter shall be in addition eo any other restrictions adopted by any state, federal or local
authority having authority to adopt those restrictions.
(Ord. No. 96.06, § ltpart), 1996)
21.18.130. Administration and appeals.
Applications for permits, conditional use permits or determinations under this chapter will
be administered in accordance with the provisions of B:PB 21.20 governing application, notice
and conduct of hearings. Appeals from action taken under this chapter will be handled in
accordance with the appeal proeedures set forth in KPB 21.20.
(Ord. No. 96-06, § 1(part), 1996)
21.18.135. Exemption for emergency situations.
In a declared emergency, the department, through its authorized representative, may issue
oral permits to a riparian owner for removing obstructions or for repairing existing structures
without the necessity of submitting prepared plans and specifications as may be required by
this chapter.
(Ord. No. 97-26, § 4, 1997)
21.18.140. Definitions.
As used in this chapter:
A. "Commercial use" shall mean an occupation, employment, or enterprise that is carried
on for sale of goods or services or for profit.
B. "Conditional use" shall mean a use that would not be appropriate without restrictions
throughout the habitat protection area but which, if controlled as to number, area,
location, relation to the habitat or method of operation, would not cause or lead to
significant erosion, destruction of wetlands or riparian habitat, or result in or increase
ground or water pollution.
C. °'Cut bank" shall mean banks of anadromous streams with exposed soil surface that
have occurred tram natural or manmade causes whether the exposed surface extends
to the high water mark or not.
Supp.No.s 21--63
21.1b.140 li-E\:~l PE\IiSt;LA SOROL'Gil CODE
D. "Erosion" shall mean significant sloughing, washout, or discharge of soil arising from
manmade sources or causes.
E. "Fuel storage tank" shall mean any vessel for the storage of petroleum based fueis
including gasoline, diesel, kerosene and heating oil ha~zng a liquid volume of 200
gallons or more.
F. °'Ground or water pollution" shall mean the discharge, application, spread or release of
chemicals, toxic materials, fuels, pesticides, petroleum based fuels on or into the soil
and waters within the habitat proteclion area.
G. "Kenai River" shall mean the main stem of the river from and including Kenai Lake to
the mouth including Skilak Lake. The main stem shall include all sloughs, channels,
boat basins, distributaries, and lagoons. For the purpose of this chapter, the mouth
shall be described as the western most section line common to Section 5 and Section 8,
T5N, R11W, Seward Meridian.
H. "Logging" shall mean removal or cutting down more than 50 trees per acre that have
a breast diameter height of 6" or more.
I, "Mean high water line" or "ordinary high water line" shall have the definition given in
11 AAC 53.900(15) as it currently exists or as it may be renumbered or revised.
J. "Ordinary high water mark" shall have the definition given in 11.AAC 53.900(23) as it
currently exists or as it may be renumbered or revised.
K. "Riparian habitat" shall mean the areas within and adjacent to the river containing
spawning and rearing habitat for salmon or that provide immediate cover or stability
for salmon and eggs at all stages of development.
L. "Soil erosion" shall mean the increased movement of soils that occurs as a result of
human activities or development.
hl. "Structure" shall mean anything which is constructed, erected or moved to or from any
premises and which is located above, on, or below the ground, including buildings,
roads, signs, billboards, satellite antennas and other communication structures,
fences, and mobile homes.
N. "Wetlands" shall have the meaning given in 16 USC § 1302 as applied to land within
the habitat protection area.
O. "Gratewalks" shall mean elevated light penetrating (ELP) walkways utilizing some
variety of open grate material as a surface.
P. "Substantially complete" shall mean essentially completed and available for the
owner's beneficial use for the purpose and in the manner intended for the structure.
Q "Boardwalks'° shall mean elevated walkways utilizing wooden planks as a surface.
(Ord. No. 2000-08, § 10, 5-16-00; Ord. No. 97-26, §§ 5, 6, 1997; Ord. No. 96-06, § 1(part), 1996)
Supp. No. s 21-54
~ult~-Agency
Permit Packet
KE l ~~
c ,. iv
This Packet Contains:
/ Kenai River Center Multi-Agency Permit Application
/ Coastal Project Questionnaire & Certification Statement
/ Site Plan Instructions & Checklist with Examples
Directions:
- Please answer a~lTl questions completely. If a question does not pertain to your
actlVlty, write c`:\/A~~.
- Project drawings and descriptions are an important part of your application.
Please draw carefully and be sure to include the information outlined in the Site
Plan Check List. Site plan examples and paper are provided.
- Complete applicafions generally take 30 days to process; be sure to plan your
projects accordingly.
- All activities or projects that cantilever over or extend into the waters of the
Kenai River require a Park Use Permit. A SSO non-refundable applicarion fee
payable to the State of Alaska is required for all Park Use Permits.
.a Some projects within the 50-foot habitat protection area may require a
conditional use permit subject to approval by the Kenai Peninsula Borough
Planning Commission. As part of this process, property owners within a 300-
foot radius of the activity or project are notified by mail.
ti Certain habitat protection projects may qualify for a tax credit and/or tax
exemption.
RETURN COMPLET>;D PERMIT APPLICATIONS "I'O:
KENAI RIVER CENTER
514 FUNNY RIVER ROAD
SOLDOTNA, AK 99669
FOR MORE INFORMATION, PHONE (907) 260-4882 OR
FAX (907) 260-5992
Auplicant Information: Parcel Information:
Name: Lot: Block Subdivision
Mailing Address: River/Stream Name:
City, State, Zip: River Mile :® Right ^ or Leff ^ bank? (Looking
down-stream)
Phone (home/work):
KPB Parcel #:
Fax Rc E-mail:
Cell Phone:
)'lease complete the followirte:
I) The project is located within the city limits of: Soldotna ^ Kenai ^ Neither ^
Z) This project is located within Moose Range Meadows Subdi~°ision, within the KNWR? Yes ^ No ^
If yes, is the project within one or bath of: -the variable non-development easement? Yes ^ No ^ Not Sure^
- the 25-foot public use easement? Yes ^ No ^ Not Sure^
3) The project is located within 50•feet of the ordinary high water (OHW) or mean high water (IvlfIl~ of an
anadromous stream? Yes ^ No ^ Not sure where OHW or MHW line is ^
4) Does any portion of the project cantilever or extend over the OHW or MEIW of the stream?
Yes ^ No ^ Not sure where OHW or MHW line is ^
5) Does any portion of the project extend below the OHW or MHW line of the stream?
Yes ^ No ^ Not sure where OHW or MI-IW line is ^
6) Does this project replace a prior existing structure? Yes ^ No ^
7) Will material be extracted or dredged from the Roodplain or river bed? Yes ^ No ^
Tf yes, what type?
8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river?
Yea, temporarily ^ How long?
H yes, what type of material is it?
Yes, permanently ^ No ^
Amount:
Where in the stream will the material be deposited?
9a) List all motorized equipment to be used on this project:
9b) What motorized equipment will be used below OHW or MHW?
KRC: PAGE 1 06/02/03
~'Iu~ta-~gencv Permit ~~~licatioal ---~~ Page 2
9c) Lenfnh of time motorized equipment trill be used below uHW?
9d) Len~ah of time motorized equipment will be used abore OHW?
10) Directions to the site:
11) Surface area in acres of wetlands or other waters filled:
12) Is any portion of the work already complete? Yes _ No ~ . It Yes. describe the completed work:
13) Addresses of Adjoining Property Owners, Lessees, etc., whose property adjoins the waterbody (If more than can be
entered here. please attach a supplemeneal list).
X
SIGNATURE OF APPLICANT DATE
STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of
this application and to furnish, upon request, information in support of this pemtit application. Application is hereby
made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I fiarther certify that I possess the authority to undertake the work described herein
or am acting as the duly authorized agent of the applicant.
SIGNATURE OF AGENT DATE
*****s*•e*+rr«~:ar**+~++a.+a*.s.c~.c*.+**e+wsr~***r<*:+<.~*:*.r~+.+ar+*~r~+.+«o.rce.c*~sa+~+re+.*.
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 willfully falsifies, conceals, or covers up any trick scheme, or disguises a material tact or
makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $ IQ000 or
!imprisoned not more than five years or both.
KRC: PAGE 2 06/02/03
Coastal Project Questionnaire and Certification Statement
Please answer all questions. To avoid a delay in processing, please call the department if you answer "~ es" Yo anv of
the questions related to that department. Maps and plan drawings must be included with your packet.
An incomplete packet will be returned.
^ APPLICANT INFORMATION
1. 2.
Name of Applicane Agent (or responsible party iP other than applicant)
Address
City/State Zip Code
Dactime Phone
Faz Number E-mat! Address
® PROJECT INFORMATION
Address
City/State State Zip Cade Zip Code
Daytime Phone
Paz Number
1. This activity is a: ~ new project ^ modification or addition to an existing project
If a modification, do you currently have any State, federal or local approvals
related to this activity? .......................................
..........................................................
Note: Approval means any form oJauthorrzation. If "yes," please list below:
Approval Type Approval H Issuance Date
E-mail Address
Yes No
Expiration Date
2. If a modification, has this project ever been reviewed by the State of Alaska under the RCMP?........ d
Previous State I.D. Number: AK Previous Project
Name:
^ PROJECT DESCRIPTION
Provide a brief description of your entire project and ALL associated facilities and land use conversions. Attach
additional sheet(s) as needed.
Proposed starting date for project:
Proposed ending date f'or project:
2. Attach the following: • a detailed description of the project, all associated facilities, and land use conversions,
etc. (Be specific, including access roads, caretaker facilities, waste disposal sites, etc.); • a project timeline for
completion of all major activities in the proposal; e a site Ian depicting property boundary with all proposed
actions; • other supporting documentation that would facilitate review of the project. tv'ote: If the project is a
modification, identify existing facilities as well as proposed changes on the site plan.
Revised 7/22/03 Page 1
^ PROJECT LOCATION
1. Attach a copy of the topographical and vicinity map clearly indicating the location of the project. Please include
a map title and scale.
?. The project is located in which region (see attached map): ^ Northern ^ Southcentral ^ Southeast
^ within or associated with the Trans-Alaska Pipeline corridor
3. Location of project (Include the name of the nearest land feature or body of water.)
Toenship Range Section Meridian LatitudelLongitude / USGS Quad Map
4. Is the project located in a coastal district? Yes ^ No ^ If yes, identify:
(Coastal dinricrs nre a municipality or borough, home su/e or first class city recond class with planning, or coastal resource service area.)
Note: A coastal diserict is a participant in the Smte'r consistency review process. It is possible for the Seale review to be adjusted ra
accommodate a local permining public hearing. Enrly interaction with the district is important, please conned the distriu represenmtive listed
on the attached rontact list.
5. Identify the communities closest 4o your project location:
6. The project is on: ^ State (and or water* ^ Federal land ^ Private land
^ Municipal land ^ tLiental Health Trust land
`State land can be uplands, tidelands, or submerged lands to 3 miles offshore. See Question #1 In DNR section.
Contact the applicable landowner(s) to obtain necessary authorizations.
^ DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS
Yes
Will a discharge of wastewater from industrial or commercial operations occur? ............................... ^
Will the discharge be connected to an already approved sewer system? .............................................. ^
Will the project include a stormwater eol]ection/discharge system? ..................................................... ^
2. Do you intend to construct, install, modify, or use any part of a wastewater (sewage
or greywater) disposal system? ............................................................................................................ ^
a) If so, will the discharge be 500 gallons per day or greater? ............................................................ ^
b) If constructing a domestic wastewater treatment or disposal system, will the
system be located within fill material requiring a COE permit? ..................................................... ^
If you answered yes to a) orb), answer the following:
I) What is the distance from [13e bottom of the system to the top of the subsurface water
table?
2) How far is ally part of the wastewater disposal system from the nearest surface water?
3) Is the surrounding area inundated with water at any time of the year? ........................................... ^
4) How big is the fill area to be used for the absorption system?
(Ovesriars 1 & 2 will be used by DEC to determine whether separation distances are being met:
Questions 3 & -0 relate ra the required size of the ill iJwetlands are involved./
No
^
3. Do you expect to request a mixing zone for your proposed project? .................................................. ^ ^
(/)your wastewater discharge will exceed Alaska water qunliry standards, you may apply for a mixing zone.
/fro, please contact DEC to discuss information required under l8 AAC 70.032.)
R®visetl 7122!03 Page 2
A. a)
Will your project result in file construction, operation, or closure of a faci(it~~ for the ]'es '~ o
disposal of solid waste? ................................__...........................................
(;\bte: Solid waste means drilling x~asles. household garbage, refuse, sludge, construction or demofiliat wastes.
industrial solid wnste, nsDestos, and other discarded, abandoned, e.• unwanted sold or semi-solid material, whether
ar not subject to decomposition, originating from anY source, Disposal means placement of solid waste on land )
b) Will your project result in the treatment of solid waste at the site? ........................................... ... ^
(Fxarnpier ajtreannent methods include, but are not limited to~ incinerofion, open burning, beling, and composting.)
c) Will your project result in rite storage or transfer of solid waste at the site? ............................. ... ^
d) Will the project result in the storage of more than 50 tons of materials for reuse
recycling
,
,
or resource recovery? ..................................................................................................................
... ^ ^
e) Will any sewage solids or biosolids be disposed of or land-applied to the site? ......................... .. ^ ^
fSewage tolidt include wastes that have been removed from a wostex~ater treatment plain system, such as a
septic mnk, lagoon dredge, ar wastewater treatment sludge that contain no free /iyuids. Biosolids are nc~ solid,
semi-solid. ar liyvid residuer produced during the treatment ojdomettic septage in a treatment works which are
(and applied jar bene~rial use. j
5. Will your project require the application of oil, pesticides, and/or any other broadcast
chemicals? ........................................................................................................................................ .... ^ ^
6. a) Will you have a facility with industrial processes that are designed to process no less
than five tons per hour and needs air pollution controls to comply with State
emission standards? .................................................................................................................... .... ^ ^
b) Will you have stationary or transportable fuel burning equipment, including flares,
with a total fuel consumption capacity no less than 50 million Btu/hour? ................................. ... ^ ^
c) Will you have a facility with incinerators having a total charging capacity of no less
than 1,000 pounds per hour? ....................................................................................................... ... ^ ^
d) Will you have a facility with equipment or processes that are subject to Federal New
Source Performance Standards or National Emission Standards for hazardous air pollutants? ... ^ ^
i) Will you propose exhaust stack injection? ....................................................................
e) Will you have a facility with the potential to emit no less than 100 tons per year of any
regulated air contaminant? .......................................................................................................... ... ^ ^
fj Will you have a facility with the potential to emit no less than 10 tons per year of any
hazardous air contaminant or 25 tons per year of all hazardous air contaminants? ................... ... ^ ^
g) Will you construct or add stationary or transportable fuel burning equipment of no less
than 10 million Biu/hour in the City of Unalaska or the City of St. Pau(? .................................. .. ^ ^
It) Wilt you construct or modify in the Port of Anchorage a volatile liquid storage tank with
a volume no less than 9,000 barrels, or a volatile liquid loading rack with a design
throughput no less than 15 million gallons? ................................................................................ .. ^ ^
i) Will you be requesting operational or physical limits designed to reduce emissions from
an existing facility in an air quality nonattainment area to offset an emission increase
from another new of modified facility? ....................................................................................... .. ^ ^
7. Will you be developing, constructing, installing, or altering a public water system? ........................... ^ ^
8. a) Will your project involve the operation of waterborne tank vessels or oil barges
that carry crude or non-crude oil as bulk cargo, or the transfer of oil or other
petroleum products to or from such a vessel or a pipeline system? .............................................. ^ ^
b) Will your project require or include onshore or offshore oil facilities with an
effective aggregate storage capacity of greater than 5,000 barrels of crude oil
or greater than 10,000 barrels ofnon-crude oil? ............................................................................ ^ ^
R®vised 7122/03 Page 3
1'es No
c) Will you be operative facilities or. the land or water for the exploration or production
of hydrocarbons? ............................................................................................................................ ^ ^,
If you answered "NO" to ALL questions in this section, continue to next section.
If you answered "YES°' to ANY of these questions, contact the DEC office nearest you for information and
application forms. Please be advised 4hat all new DES permits and approvals require a 30-day public
notice period. DEC Pesticide permits take effect no sooner than 40 days after the permit is issued.
Based on your discussion with DEC, please complete the following:
Types of project approvals oc permits needed Date application submitted
9. Does your project qualify for a general permit for wastewater or solid waste? .................................... ^ ^
Note: A general permit is ax approvnl issued by DECjor certain types of routine activitier.
If you answered "YES'° to any questions in this section and are noe applying for DEC permits, indicate reason:
^ (DEC contact) told me on 4hat no DEC approvals are required
on this project because
^ Other:
^ DEPARTMENT OF FISH AND GAME (DFG) APPROVALS
Yes No
Is your project located in a designated State Game Refuge, Critical Habitat Area or
State Game Sanctuary? ........................................................................................................................... ^ ^
2. Does your project include the construction operation of a salmon hatchery? ................................. ...... ^ ^
3. Does your project affect, or is it related to, a previously permitted salmon hatchery? ................... ...... ^ ^
4. Does your project include the construction of an aquatic farm? ........................................................... ^ ^
Ityou answered "NO" to ALL questions in this section, continue to next section.
If you answered "Yes" to ANY questions under I-4, contact the DFG Commercial Fisheries Division
headquarters for information and application forms
Based on your discussion with DFG, please complete the following:
Types oCproject approvals or permits needed Date application submitted
If you answered "YES" to any questions in this section and are not applying for DFG permits, indicate reason:
^ (DFG contact) told me on that no DFG approvals are required
on this project because
^ Other:
Revlsetl 7122/03 Page 4
!s llTPART~iEV~T OF 1ATL~R4L R)iSOt-RCi:S (DSR'1 APPROVALS
Is the prcposed project nn gate-owned .and or water or w ill you need to cross State-oti ner: ;and
fJr aCCt:SS? ("access" includes temporary access for construction purposes. Vote: In add~tian m Slate-owned uplands. ..... Z~eS ~p
the Srare erne almost a!! land below the ordmarr high worer line of nerrgable streams. nrerr and inAes, and below the
mean hrgh ride Ime seawnrd for three miles.J _ ..................................
a) Is this project for a commercial actiwity? ........................................................................................ ^ ^
~'. Is the project on Alaska Mental Health Trust land (AMHT) or will you need to cross AMHT land?
A'a1e: A/arks Mental Hea6h Trusr land is not considered Slate land for the purpose ojAGNP reviewr............
3. Do you plan to dredge or otherwise excavate/remove materials on State-owned land? ....................... ^ ^
Location of dredging site if different than the project site:
Township Range Section Meridian USGS Quad Map
4. Do you plan to place fill or dredged material on State-owned land? ..................................................... ^ ^
Location of Flt disposal site if other than the project site:
Township Range Section Meridian USGS Quad Map
Source is on: ^ State Land ^ Federal Land ^ Private Land ^ Municipal Land
5. Do you plan to use any of the following State-owned resources :.......................................................... ® ^
^ Timber: Will you be harvesting timber? Amount:
^ Materiais seacl: as rock, sand or gravel, peat, soil, overburden, etc .:...........
...........................
.........
Which material? Amount:
Location of source: ^ Project site ^ Other, describe:
Township Range Section Meridian USGS Ouad Map
~. Are you planning to divert, impound, withdraw, or use any fresh water, except from an existing
public water system or roof rain catchment system (regardless of land ownership)? ........................... ^ ^
Amount (maximum daily, not average, in gallons per day):
Source: Intended Use:
If yes, will your project affect site availability of water to anyone holding water rights to that water? ^ ^
7. Will you be building or altering a dam (regardless of land ownership)? ............................................... ^ ^
8. Do you plan co drill a geothermal well (regardless of land ownership}? ............................................... ^ ^
9. At any one site (regardless of land ownership), do you plan to do any of the following? .................... ^ ^
^ Mine five or more acres over a year's time
^ Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil, peat, overburden, etc.)
over a year's time
^ Have a cumulative unreclaimed mined area of five or more acres
If yes to any of the above, contact DNR about a reclamation plan.
If you plan to mine less than the acreage/amount stated above and have a cumulative unreclaimed
mined area of less titan five acres, do you intend to file a voluntary reclamation plan for approval?.. ^ ^
l0. Will you be exploring for or extracting coal? ........................................................................................ ^ ^
11. a) Will you be exploring for or producing oil and gas? ........................................
b) Wi11 you be conducting surface use activities on an oil and gas lease or within an oil and gas unit?^ ^
12. Will you be investigating, removing, or impacting historical or archaeological or paleontological
resources (anyThing over 50 years old) on State-owned land? ............................................................... ^ ^
R6vfaetl 7/ZZI03 Paae 5
..,. .. .,....C i ~ :OC9.... ~ ::.^.: 6;lv N'n gc'O~JhV-c'.ui ^n. di~..'c3" ,-,
.,., ._...e~..r~..~t ......... .................. ......._. ~.
:ore. o .4 h ~b 90(ir'9~ nrtinrs cent i c ~ h^_a~a r-eas as °d,cm areas vnsh prac,r a rnrem ro L;a or praprm ,Iron
gropir;sicni a gcolog¢'ar n.:_ar9s. ur:udnrg (ooding, tsunamr rum up, storm surge run-uo. Imrdslides, sr:owsGdet. faults
¢e hazards, erovon, and lu:orn! beam process. " "known geophyvca! hacord area" mennt nnv urea identified in a rdport nr
rnap pubLshed b}~ a federal trace, o- loco; agenev, or by a geological or engineering consulting firm, ar generally known br
focal knowledge. as having known or potennai hazards from geoiugm. seisnuc, or hydrologic processes.
14. Is the proposed project located in a unit of the Alaska State Park S}'stem? .......................................... ^ ^
I5. Will you be working in, removing water or material from, or placing anything in, a stream, river
Or lake? (This includes work or activities below the ordinary high water mark or on ice, in the active flood plain, on islands,
in or on the face of [he banks. or, for sveams entering or (lowing through tidelands, above the level of mean lower low tide.)
Note: If the proposed project is located within a special flood haznrd area, a floodplnirt development permit maybe required.
Concoct the offeUed city or borough planning department jot additionnl informotion and a Jloodplain determination.) ............ ^ ^
Name of waterbody:
16. Will you do any of the folfowing :.......................................................................................................... ^ ^
Please indicate below:
^ Build a dam, river Yraining structure, other
instream impoundment, or weir
^ Use the water
^ Pump water into or out of stream or lake
(including dry channels)
^ Divert or alter the natural stream channel
^ Chance the water flow or the stream channel
^ Introduce silt, gravel, rock, petroleum
products, debris, brush, trees, chemicals, or
other organic inorganic material, including
waste of any type, into the water
^ Alter, stabilize or restore the banks of a river,
stream or lake (provide Itutnber of linear feet
affected along the bank(s)
^ Mine, dig in, or remove material, including
woody debris, from the beds or banks of a
waterbody
^ Use explosives in or near a waterbody
^ Build a bridge (including an ice bridge)
^ Use the stream, lake or waterbody as a road
(even when frozen), or cross the stream with
tracked or wheeled vehicles, log-dragging or
excavation equipment (backhoes, bulldozers,
etc.)
^ Install a culvert or other drainage structure
^ Construct, place, excavaee, dispose or remove
any material below the ordinary high water of
a waterbody
^ Construct a storm water discharge or drain
into the waterbody
^ Place pilings or anchors
^ Construct a dock
^ Construct a utility line crossing
^ Maintain or repairan existing structure
^ Use an instream in-water structure not
mentioned here
II'you answered "No" to ALL questions in this section, continue to next section.
If you answered "Yes" to ANY questions under I-16, contact the Area DNR, oftiee for information and
application forms.
Based on your discussion with DNR, please complete the following:
Types of project approvals or permits needed Date application submitted
Ifyou answered '°YES" to any questions in this section and are not applying for DNR permits, indicate
reason:
^
on this project
(DNR contact) told me on
that no DNR approvals are required
Revised 7/22103 Page 6
°EDER4L APPItOVALs
U.S. Army Corps of Engineers (COE) 4'es '\o
1. Will you be dredging or placing structures or fills in any of the following:
tidal (ocean) waters'? streams? lakes? wetlands*?
...............................................................
Ifyes, have you applied for a COE permit? ............
..................................................................
Date of submittal: ...... ^ ^
(Note: four application for this activity to the COE also server as application for OtC N'ater Quality Cert fcatian.J
°lfyouare not retrain whether your proposed project is in a wetlands (wetlnnds include muskegs), contact the CDE,
Regularorv Branch at (90;1 753-?710 for awes/ands determination (outside the Anchorage men cal/ (of! free 1-800-478-1711).
Bureau of Land Management (BLM)
2. Is the proposed project located on BLM land, or will you need to cross BLM land for access?..... .
^ ^
Ifyes, have you applied for a BLM permit or approval? ....
...........................................................
Date of submittal: ..... ® ^
U.S. Coast Guard (USCG)
3. a) Will you be constructing a bridge or causeway over tidal (ocean) waters, or navigable rivers
,
streams or lakes? ...........................................
.....................................................
b) Does your project involve building an access to an island?
........................................................
c) Will you be siting, constructing, or operating a deepwater pott? ................................................ .... ^ ^
.... ^ ^
Ifyes, have you applied for a USCG permit? .............................
Date of submittal:
`.S. Environmental Protection Agency (EPA)
v: a) Will the proposed project have a discharge to any waters?
.........................................................
b) Will you be disposing of sewage sludge (contact EPA at 206-553-1941}? ............................... .... ^ ^
^ ^
.
If you answered yes to a) or b), have you applied for an EPA National Pollution Discha ....
rg
Elimination System (NPDES) permit? ... e
.....................................
Date of submittal:
(h'ote.~ For information regarding the need for an NPDES permit, contact EP,4 at (800) 424.4372.)
c) Will construction of your project expose 5 or more ac
e
f
il?
r
s o
so
(Thisappties to the rota! amoant of
land disturbed, even ijditturbnnce is distributed over more than one season, and also applies to areas that are port of
a forger common plan of development or safe.) ................
.......................... .
d) Is your project an industrial facility which will have stormwater discharge which is directl
y
related to manufacturing, processing, or raw materials storage areas at an industrial plant?.......
^ ^
.
If you answered yes to c) or d), your project may require an NPDES stormwater permit. .
Contact EPA at 206-553-8399.
Federal Aviation Administration (FAA)
5. a) Is your project located within five miles of any public airport? ................................................... .. ^
b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport? .. ^ ^
Ifyes, please contact the Airports Division of the FAA at (907) 271-5444.
Federal Energy Regulatory Commission (FERC)
6. a) Does the project include any of the following:
1) anon-federal hydroelectric project on any navigable body of water ........................................ ^
2) a location on federal land (including transmission lines) .................... ................................ ^
.....
- 3) utilization of surplus water from any federal government dam ................................................ ^ ^
b) Does the project include construction and operation, or abandonment of natural gas pipeline
facilities under sections (b) and (c) of the Federal Power Act (FPA)? ........................................... ^
revised 7/22/03 Page 7
1'cs 10
c) Does the project include construction for phcslcal interconnection of electric transmission
facilities under section 202 (b) of the FPA? .................................................................................... ^ ^
If you answered yes to any questions under number 6, have you applied for a permit from
FERC? ....................................................................................................................................... ^ ^
Date of submittal:
(A'o1e.' For informonon, contact FERC, 0/ice ofHidropo mer Licensing /IiR) 119-'66$ Office o,/Pipeline
Regulation (102) 208-0700: OJfice of Electric Power Regulation (101J 208-/200.J
U.S. Forest Service (USES)
7. a) Does the proposed project involve construction on USES land? .................................................... ^ ^
b) Does the proposed project involve the crossing of USES land with a water line? .......................... ^ ^
If the answer to either question is yes, have you applied for a USES permit or approval?...... ^ ^
Date of submittal:
8. Have you applied for any other federal permits or authoeizations? ....................................................... ^ ^
AGENCY APPROVAL TYPE DATE SUBMITTED
Please be advised that the CPQ identifies permits subject to a consistency review. You may need additional
permits from other agencies or the affected city and/or borough government to proceed with your actiti•ity.
Certification Statement
The information contained herein is true and complete to the best of my knowledge. 1 certify that the proposed
activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management
Program.
Signature of Applicant or Agent Date
Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a federal
consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement.
ACMP has developed a guide to assist federal agencies with this requirement. Contact ACMP to obtain a
copy.
Tltis certification statement will not be complete until all required State and federal authorization requests
have been submitted to the appropriate agencies.
^ To complete your packet, please attach your State permit applications and copies of your federal permit
applications to this questionnaire.
Revised 7/22/03 Page B
Sire Pian Instructions
Checklist
~1
.. n~ ~. K
Directions:
- Print your name, date of drawing, the number of the sheet and total number of
sheets in the set (e.g. Sheet 1 of 2).
-- Indicate the scale of your drawing and show a North arrow. The scale need
not be the same for every drawing.
-- Submit one original set of drawings on 8 '/: x 11 paper. Provide as much detail
as you can; however, please submit the fewest number of sheets necessary to
adequately show the proposed activity. v
-~ The TOP VIEW drawing should show your project in relation to:
* the distance from ordinary (or mean) high water of the stream;
*property lines and any adjacent streets by name;
* any nearby structures, such as houses, outbuildings, fences, etc.;
* any easements and/or location of any nearby utilities.
- The ELEVATION OR SIDE VIEW drawing should show your project in
relation to:
* the distance from ordinary (or mean) high water of the stream;
* elevations above ground level.
-- Be sure to include all dimensions and types of materials used on the project.
- Since the drawings will be photocopied, color shading may not be used.
Instead, use dot shading, cross-hatching, or similar graphic symbols.
NOTE: It is not necessary to have your drawings professionally drafted. However, please
be as accurate as possible with your measurements. Take your time, and make sure your
drawings are clear and easily understood. Drawing sheets are pravided for your
convenience, or you may use your own paper.
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TITLE BLOCK
Name:
KPB Parcel No
Sheet ®of -~ Date: / /
Scale: one square = feet
\dditional Comments or Descriptions:
.. _ ~ i/!
KENAI PENINSULA 8®ROUGH l~ABITAT PROTE ON
TAX CREDIT
The purpose of this program is to provide landowners a tax credit as partial
reimbursement for habitat protection and restoration projects within 150 feet of the
following anadromous water bodies:
Kenai River Russian River
Kenai Lake Quartz Creek
Beaver Creek Trail River
~..° ~ Slikok Creek Swanson River
Soldotna Creek Kasilof River
Funny River Ninilchik River
Moose River Deep Creek
' Killey River Stariski Creek
tipper Kiiiey River Anchor River
',- WHAT KIND OF PROJECTS QUALIFY:
'The following projects qualify for the tax credit:
• Gratewalks and Boardwalks
• Cabled Spruce Trees
• Floating Docks
• Hydrocarbon Spill Prevention and Reduction
North Fork of Anchor River
Fox River
Seldovia River
English Bay River
Bradley River
Bishop Creek
Chickaloon River
Seven Egg Creek
RT 7: Prior to beginning construction of a project the property owner must
submit "Part 1" of the attached app/ications for pre-qualification
~... ~, approval.
:.,:
~• • ~ ',', ~ R 2: Upon completion of a project the property owner must submit "Pa-Y
' ' ' 2" of the attached applications as well as copies of receipts
' accumulated in conjunction with the project.
,;:
.:::'
R.~ '.
~3A®Bb ^ee awe a e.- ....e ~w. ..w..~~~
~.: Forfhe first three consecutive tax years following completion of the project, the borough
-~; , ,will provide a credit of up to 50°!° of the land tax assessment or the cost incurred in the
phoject, whichever is less. 1'he tax credit is not transferable should the property be sold.
This is a Kenai Peninsula Borough credit and it does not apply to any city tax portion.
QVESTIONS: For more information, contact the Kenai River Center at 26G-4882.
Fr,X ~9~7) X00-5992
PART 1: PRE-QUALfFICATION APPLICATION
FOR
KENAI PENINSULA BOROUGH HABITAT PROTECTION TAX CREDIT
lease answer all questions. This Pre-qualifica",ion Application must be received prior to beginning construction.
APPLICANT INFORMATION:
Property Owner_
Mailing Address
City, State, Zip
Day Phone Fax
PROJECT LOCATION:
(If other than Owner)
Mailing Address
City, State,
Day Phone Fax
ssessor Parcel No. Township Range Section Seward Meridian
;bdivisi
V8P
DESCRIPTION OF PROPOSED ACTION:
Lot Block
River Mile R 1 L bank (going down stream)
ENTIFY PROJECT TYPE AND ESTIMATED COST IN THE FOLLOWING TABLE:
v o r ron rvlwlr~ nln 1 Cno V~CI IICC nnn v
.......-. .. ...~.....~ .-_.. I _.. ... - __- _.._.
PROJECT TYPE ESTIMATED COST COMMENT. IoBial Da4e
4. Boardwalks 8 Gratewalks
3. Gahled Spruce Trees -
J. Stairways, Steps 8 Ladders
J. Floating Dock
:. Hydrocarbon Spill Prevention
Reduction
-
'. Bank or Habitat Restoration,
Sank Protection
3. Bridges 8 Spans
CERTIFICATION STATEMENT:
information contained an this form is true and complete to the best of my knowledge. I certify tha4 the proposed activity
nplies with and will be conducted in a manner consistent with KPB 5.14, Kenai River System Habitat Protection Tax Credit.
nature of Property Owner or Agent
Date
14 Page t of 2
,, 2i~D-SS52
PART 2: AFTER CONSTRUCTION APPLICATION
KENAI PENINSULA BOROUGH
HABITAT PROTECTION TAX CREDIT
roperty Owner
Assessor Parcel No
fiver Name KRC Tracking Number
^ SCHEDULE AN INSPECTION WITH A KENAI RIVER CENTER REPRESENTATIVE AT 260-4882.
Date of Inspection: Inspected by:
^ COMPL. TE AND SUBMIT PART 2 AT THE TIME OF PROJECT COMPLETION.
PROJECT COSTS:
Walkways Cabletl Trees Stairs /Steps Floating Dock I Hytlrocarbon Restoration I Bridges 8
Spans
PROJECT ITEM i COST ~ COST COST COST COST COST ~ COST
t. design &
engineering
2. materials
3- /2bor
t contractor
i. other (specify) I I
>UB TOTAL
'OTAL HABITAT PROJECT COST:
ATTACH THE FOLLOWING:
ties of invoices or other written verification for project costs. Items verifying project cost must identify the owner of fhe property
he ultimate purchaser. In the calculation of out-of-pocket expenses, federal, state and private non repayable grants and
tbursements cannot be considered. Neither an owner's labor nor that of volunteers qualifies as an allowable cost for
ulating a 4ax credit under this ordinance.
CERTIFICATION STATEMENT:
information contained on this form is true and complete to the best of my knowledge. I certify that the proposed activity
plies with KPB 5.14 Kenai Peninsula Borough Habitat Protection Tax Credit and request an adjustment to the real property
s paid to the Kenai Peninsula Borough.
ature of Property Owner or Agent
Date
X00 KPB Code 5.14 Page
APPLICATION FOR TAX EXEMPTION OF REAL PROPERTY FOR
INCREASED ASSESSED VALUE OF HABITAT PROTECTION AN®
RESTORATION PROJECTS WITHIN 15® FEET OF RIVERS AND
STREAMS
Mint be fileel on or bef®re ,lanuary l5th of the exarr~ption year
i. Assessor's Parcel Number(s):
Attach application meeting criteria for fish habitat and restoration project de-
scribed
in KPB 5.14.040, Description of work: (Attach detail if necessary)
Please return completed form and requested information to:
Kenai Peninsula Borough
Assessing Department
144 N Binkley
Soldotna AK 99669
Renvan 11/W
AS 29.45.050 Optional Exemptions and Exclusions
(f) A municipa6,y may by ordinance exempt hom taxation all or part of the increase in assessed value of im provemenis to ~ea~
property d an increase in assessed value is duecay attndutabie to alteraton cf U~e natural features of the lane, or row T. a:~n;enancc
repau, or Ienovation of an existing structure. and d the ;Iteration, maintenance, repair, or renovation, when completed, eanancer the
exterior appearance or aesthetic quality of the land or structure. An exemption may no; be allowed under this subsection for the
cans[rucilon of an improvement to a structure if the pnnapal purpose of the improvement is to Increase the amount of space for
occupancy or nonresidential use in the structure or for the alteration cllane as a consequence of construction actrvrcy. An exemption
provided in this subsection may contnue for up to four years from the sate the improvement is completed, or from the date of
approval for the exemption by the local assessor, whichever is later
KPB 5.t2.SS2 Real property fast®Exemptions-Anadromous stream habita4 protection area.
A. All of the increase In assessed value o! improvements to real property located within 150 horizontal Peet from the mean high
tide line or ordinary high water line of the avers and streams fisted in KP9 5.14.010, shall be exempt from taxation for
improvements to the real property it
t. an increase in assessetl vaue is directly attributable to alteration of the natural (eatures of the ;and, or new
maintenance, repair, or renovation of an exlsung structure, and
2. the alteratioq maintenance, repair, or renovation, when completed, enhances the exterior appearance or
aesthetic quality of the structure, and
3. meets the criteria for a fsh haddat and restoration protect described in KP9 5.14.040.
1. An exemption may not be allowed under this subsection for the construction of an improvement to a structure if the
pdnapal purpose of the improvement is to increase the amount of space for occupancy or nonresidental use in the
structure or for the alteration of land as a consequence of constructwn activity.
2. An exemption provided in this subsection may continue for up to four years from the date the improvementis completed, or
from the date of approval for the exemp0on by the local assessor, whichever is later.
3. In order to qualify for this exemption for any taxable year, the claimant shall make a written application to the assessor who
may require such information as is reasonably necessary to determine compliance with the requirements of this ordinance.
in order to quasiry for the lax exemption for an applicable year, the application must be fled on or before January 1 S of the
assessment year for which the exemption is sought.
KP43 5.14.046 A4iowed fish habitat protection and restoration projects.
Only the following projects may be considered for the tax credit:
A Gratewalks and boardwalks meeting speafcations established in KP8 21.18.070(8)4.
B. Spruce trees cabled parallel to the river bank as a buffer between the water and the bank.
C. Stairways, steps and ladders meeting specifications established in KPB 21.78.070(8)5.
O. Floating docks issued the necessary permit or permits to build sc long as the completed dock conforms to the standards
applicable to the issuance of permits by permitting agenaes.
E. Projects which prevent or reduce the likelihood that petroleum products, including petroleum products in water run oft from
roads, will enter the rivers. Where applicable, such projects mustconform to any federal or state standards to be eligible forthis
lax credit.
F. Bank restoration, bank protection or habitat restoration projects that protect the river's habita4 or restore habitat provided the
project complies with all conditions, regulations and approvals imposed by local, state or federal agencies. Projects required as
mitigation for onsite or offsite habitat degradation, bank hardening, or other bank stabilization strategies not designed to Improve
habitat are exempted from the tax credit.
Attachment 3
Linda Snow
From: Mohorcich, John [JMohorcich~c'borough.kenai.ak.us]
Sent: Friday, August 15, 2003 11:08 AM
To: Linda Snow
Subject: KRC -KPB Permits Issued in City Limits
JG CITY OF KENAI
3 YS Linda - here's a spread sheet of permits issued by year.
The code 70 - identifies a permit for an allowable activity as defined in
KPB 21.18.070
The code 80 - identifies a permit for a conditional use permit as defined in KPB 21.18.080 (a
varience to the code)
The code 90 - identifies a permit for a prior existing acitivity or
structure as defined in KPB 21.18.090
Hope this helps. -John M
«JG CITY OF KENAI 3.xls»
All City of Kenai KPB Flabitat permits
FY HPAUTH PARCEL.NO HPFI/VDAT
HPREYd'R
1996
070
oas-3so-26 s/z4/tss6 KB
049A11.27 9/23/1996 KB
049.060-07 6/3/1996 KB
Total By Authority 3
090
049-t 20-45 10?/1996 KB
Total ByAuthoriry t
1997
070
1998
070
049-tOt-02 1/10/1997 KB
Total By Authariry 1
049.390-07 5/29/1997 KB
049.390-20 6/24/1997 KB
049-390-18 3/31/1997 KB
049.390.09 1/20/1997 KB
049-390-09 5!12/1997 KB
049390-08 7/10/1997 KB
Total ByAuthoriry 6
049-390.10 12/96/1997 KB
049.390-22 6/t 9/1998 JM
049390-08 6/29/1998 JM
049-050-03 6/22M 998 JM
049-120-44 6!19/1998 JM
049-390-09 5!22/1998 JM
049.120-42 6/29/1998 JM
049.370-91 6/1/1998 JM
Thursday, Aprif 01, 2004 Prsge 1 oj4
FY HPAUTH PARCELA'O /iPFL~D,9T
HPRE{t'R
049-390-10 5/6/1998 JPA
049-390-32 4/8/1998 JM
049.390-28 4/21/1998 JM
049-100-15 12/15/1997 KB
Total By Authority
1999
049.261-91 5/5!1999 JM
049-120-64 3/29/1999 JM
049-390-17 7/14/1999 JM
Total ByAuthol•ity
070
049-120-65 3/26/1999 JM
049-390.08 10/13!1998 JM
049.261-30 8/3/1998 JM
049-014-01 8/5/1998 JM
Total By Authority
2000
070
~
049.390-40 5/1212000 JM
049.370-11 4/25/2000 JM
049-310-10 9/18/2000 JM
049430-12 7/22/1999 JM
049.370-11 3/8/2000 JM
Total By Authority
2001
049.390-21
Total l
070
049-261.90
049.370-11
049370.19
049-390.52
TGursday, Aprr101, 2004
1z
3
a
s
8/17/2002 JC
Py Authority 1
12/27/2000 JC
70/10/2000 JM
2/21/2001 JM
4/24/2001 JM
Page 1 of 4
FY
HPRE N'R
2002
2003
ThursdaJ~, April 01, 2004
HPAUTH PARCEL,M1'O HPFI,NDAT
oas-43o-12 s;zv2ool Jr,n
Total By Authority
090
049-011-26 10/19/2000 JM
Total By Authority
5
o7a
0&0
090
049.43D-o2 3/5/2002 JM
04&390-17 7!9/2002 JM
049.370-79 4/29/2002 JM
049.261.10 11/2/2001 JC
049-370.11 10/23/2001 JM
049.261-37 6/31/2001 JM
049-030-12 12/19/2001 JM
Total By Authority
049.390.10 8/2/2002 JM
Total By Authority
049.390.31 6/25/2002 JM
Total By Authority
7
1
9
070
2
Total ByAuthor,ry 5
Page 3 oj4
049.390=52 5/1/2003 JM
049-700-16 3/10!2003 JM
Total By Authority
049.101-06 9/97/2002 JC
049.390.08 9/10/2002 JM
049.370.11 3/1712003 JM
049.390-08 5/2/2003 JC
049-390.17 3/24!2003 JM
FY HPAUTH PARCEL:1'O HPFL\'D,9T
HPREWR
2004
049-390-32 JC
049-109.03 JM
Tota[ By Autdority 2
070
049.040.98 9/12/2003 JM
049-379.36 2/9/2004 JM
049.120.43 313/2004 JM
L ~TOfRl,BY,9udi01'ity 3
~(
Thursday, Aprel 01, 1004 Page 4 oj4
Ateachment 4
KENAI PENINSULA BOROUGH PLANNING COMMISSION
RESOLUTION 2004-13
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
TO EXCAVATE; FILL AND CONSTRUCT A COMMERCIAL RECREATIONAL BOAT
LAUNCH WITHIN THE KENAI RIVER
WHEREAS, Chapter 21.18 provides for the approval of Conditional Use Permits
for certain activities which are prohibited within the habitat protection area; and
WHEREAS, public notice was sent to all property owners within a 300ft. radius of
the proposed activity; and
WHEREAS, public notice was published in the Peninsula Clarion, Seward
Phoenix Log, and Homer News on March 18, 2004 as provided in Section 21.20.010;
and
WHEREAS, public testimony was received at the March 22, 2004 meeting of the
Kenai Peninsula Borough Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
KENAI PENINSULA BOROUGH:
Section 1. That the Planning Commission makes the following findings of fact pursuant
to Section 21.18.080:
The dredging of approximately 350 to 450 cubic yards of silt and sands, the placement
of approximately 100 cubic yards of crushed rock overlaid with 145 cubic yards of
twelve, 8-inch thick by 16-foot by 30-foot pre-cast concrete slabs and two, 8-inch thick
by 20-foot by 30-foot pre-cast concrete slabs and the placement of 6-inch to 8-inch
diameter rip-rap around the perimeter of the 32-foot wide by 200-foot .concrete boat
ramp is not an allowable activity as defined by KPB21.18.070 and requires a conditional
use permit.
Section 2. That the Planning Commission find the proposed activity meets the
requirements of KPB 21.18 so long as it is conducted in accordance with the conditions
of this resolution and as described below.
The approved activity shall be conducted as follows: within the site formerly known as
Wards Cove, located along the left bank of the Kenai River at River Mile 3.25, US
Government Lot 9 and Alaska Tidelands Survey #115, Section 8, T. 5 N., R. 11 W.,
S.M., AK, (KPB Parcel I.D.: 049-101-04 & 03). The permittee, John Faulkner, Kenai
Landing, Inc., has purchased the facility to convert the existing cannery site into a mixed
use destination tidewater resort centering on the 1920's era cannery and its association
with the Kenai River. The proposed launch ramp will be designed as a tractor launch
Kenai Peninsula Borough Planning Commission Resolution 2004-13 Page t of 5
facility with extsting designated parking to accommodate approximately 60 launches.
The proposed work will take place out of the water during extreme low tides. All
dredged material will be will be deposited in the applicants upland gravel pit.
Techniques will be employed to minimize the introduction of sediments, contaminants
and other materials into the river both during and after construction. The applicant shall
maintain state water quality standards. Due to silt deposition, ice scour and tidal activity
in the 50-foot habitat protection area existing vegetation below the gravel pad is limited
to small, separated clumps of beach grass. At the project's completion, the permittee
will notify the Kenai River Center and make this site available for inspection.
1 } If changes to the approved project described above are proposed prior to or
during its siting, construction, or operation the permittee is required to notify the
Kenai River Center to determine if additional approval would be required.
Finding: This is an administrative condition and is necessary to ensure
continuing compliance with permit terms and conditions.
2} All bank cuts, fills and exposed earthwork adjacent to the river must be stabilized
to prevent erosion and sedimentation which may occur during or after
construction.
Finding: Enforcement Policy 12.4 Bank Stabilization of the Alaska Coastal
Management Plan states: "All bank cuts, fills and exposed earthwork adjacent to
a wetland or waterbodymust be stabilized to prevent erosion and sedimentation
which may occur during or after construction. Bank stabilization measures shall
be designed and constructed to protect habitat values by including irregular bank
contours and insuring that nearshore wafer velocities do not increase. "
3) The permittee shall minimize damage to all vegetation and shall revegetate any
exposed soils resulting from the installation of the boat launch facility.
Finding: Enforcement Policy 3.3 Erosion of the Alaska Coastal Management
Plan states: "Developers shall retain existing vegetative cover in erosion-prone
areas to the greatest extent feasible and prudent. /n cases where development
or other activities lead to removal of vegetation, erosion shall be prevented or, if it
occurs, shall be remedied through revegetation or by other appropriate
measures."
4) Timing of the project activities shall be designed, sited and constructed during
low tides, which will not impede or interfere with timely access and movement of
fish.
Finding: Enforcement Policy 12.3 Fish Passage of the Alaska Coastal
Management Plan states: "Timing of Project activities and structures should be
designed, sited, constructed and operated in a manner which does not impede or
interfere with the timely access and movement offish. Fish passage problems,
Kenai Peninsula Borough Planning Commission Resolution 2004-13 Page 2 of 5
rnciuding velocity barriers should be considered by habitat protection agencies,
corrected, and othenvrse remedied."
5) The dredged material will be deposed of at an appropriate upland location.
Finding: Enforcement Policy 2.4 a, b, c, d, e Dredqinq and Filling of the Alaska
Coastal Management Plan states: "Construction activities should be kept to the
minimum area possible in areas adjacent to the Kenai River. This will also aid in
minimizing waterborne materials moving away from the site, and in maintaining
circulation and drainage patterns in the area o(the project."
6) The construction or installation phase of this conditional use permit must be
completed within one calendar year from the date of the permit's issuance, or the
conditional use permit shall expire. However, prior to its expiration date, the
planning director upon written request may grant a conditional use permit
extension for 12 months.
Finding: This is an administrative condition and is necessary to ensure
compliance with KPB 21.18.080(A).
7) No fuel storage as defined by KPB 21.18.050 is allowed.
8) Once effective, this Conditional Use Permit is valid for as tong as the structures
and activities remain in compliance with all applicable laws including the
conditions of this Conditional Use Permit.
Finding: This is an administrative condition and is necessary to ensure
compliance with permit terms and conditions. This condition is also consisten±
with KPB 21.18.020.
9) The recipient of this permit, John Faulkner, Kenai Landing, Inc., shall indemnify,
defend, and hold and save the Borough, its elected and appointed officers,
agents and employees harmless from any and all claims, demands, suits, or
liability of any nature, kind or character including costs, expenses, and attorney
fees. The applicant shall be responsible under this clause for any and all legal
actions or claims of any character resulting from injuries, death, economic loss,
damages, violation of statutes, ordinances, constitutions or other laws, rules or
regulations, contractual claims, or any other kind of loss, tangible or intangible,
sustained by any person, or property arising from applicant or applicant's agents'
performance or failure to perform this permit in any way whatsoever. This
defense and indemnification responsibility includes claims alleging acts or
omissions of the Borough or its officers, agents and employees, which are said to
have contributed to the losses, failure, violations, or damages.
In addition to the penalties provided by KPB 21.18.110, the Planning
Commission may revoke a permit issued pursuant to this chapter if the permittee
Kenai Peninsula Borough Planning Commission Resolution 2004-13 Page 3 of 5
fails to comply with the provisions of this chapter or the conditions of this permit.
The Planning Director shall provide at least 30 days written notice tc the
permittee of a revocation hearing before the Planning Commission.
The permittee, John Faulkner, Kenai Landing, Inc., hereby agrees to comply with
the terms, conditions and requirements of the Kenai Peninsula Borough Code of
Ordinances Chapter 21.18, and any regulations adopted pursuant to this chapter.
The permittee, John Faulkner, Kenai Landing, Inc., is responsible for determining
the need for any other municipal, state or federal permits and acquiring the
same. The permittee must abide by all applicable municipal, state, and federal
laws.
Finding: This condition is to ensure continued compliance with KPB 21.18.060
and KPB 21.18.070.
10) This Conditional Use Permit shall become effective on signing by the Planning
Commission Chairman or Vice Chairman, after review, concurrence and
notarized signing by the permittee who is also the property owner.
Finding: This condition embraces the intent and is not inconsistent with KPB
21.18.
Section 3. The Kenai Peninsula Borough Planning Commission authorizes the
issuance of a Conditional Use Permit within a portion of the Kenai River Habitat
Protection Area for the dredging of approximately 350 to 450 cubic yards of silt and
sands, with the majority being below the Mean High Water (MHW) of the Kenai River.
Approximately 100 cubic yards of crushed rock will be placed approximately 6-inches in
depth overlaid with 145 cubic yards of twelve, 8-inch thick by 16-foot by 30-foot pre-cast
concrete slabs and two, 8-inch thick by 20-foot by 30-foot pre-cast concrete slabs. The
individual pre-cast concrete slabs will be anchored using 3-inch diameter helical style
screw anchors drilled to a depth of approximately 25-feet. The perimeter of the 32-foot
wide by 200-foot concrete boat ramp will be lined with a 3-foot to 5-foot edge of 6-inch
to 8-inch diameter rip-rap. All dredged material will be will be deposited in the
applicants upland gravel pit.
ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA
BOROUGH ON THIS DAY OF 2004.
John Faulkner, Kenai Landing, Inc.
permittee
Date
Kenai Peninsula Borough Planning Commission Resolution 2004-13 Page 4 of 5
Notary's Acknowledgment
Subscribed and sworn before me this` Day of 2004.
Notary Public for Alaska
My Commission Expires
THIS CONDITIONAL USE PERMIT IS EFFECTIVE ON THIS DAY
OF , 2004.
Philip Bryson, Chairperson
Planning Commission
ATTEST:
Maria Sweppy
Administrative Assistant
Kenai Peninsula Borough Planning Commission Resolution 2004-13 Page 5 of 5
t+cwt3b
CITY OF KENAI
77 VLL C.i'G~.f~LC~G °~ PYC4~1~ H
210 FIDALGO AVE., SUITE 200 KENAI, AtJ1SKA 99611-7790
TELEPHONE 907.283-7839
FAX 907-283.3074 fit]
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TO: Linda L. Snow, City Manager
FROM: Keith Kornelis, Public Works Manager
DATE: May 13, 2004
SUBJECT: Kenai Boating Facility Exit Road
I have been working with The Conservation Fund on a possible land trade. They
own the land that would be useful as an exit from our Boating Facility. The total
area that The Conservation Fund owns is 31'/2 acres. About one third or ten
acres of the northern portion of this property is uplands that they would be willing
to trade to the City. The total 31'/2 acres was appraised at $200,000 in 2000. I
discussed proceeding as follows (if the City Council approves):
The Conservation Fund will have their appraiser place a value on the ten
acres of upland area that the City is interested in. They will pay for this
appraisal.
2. The City will look at the appraised value for the ten acres of Conservation
Fund land we want to own. We will use this value to help determine what
wetlands we may want to trade. In 1999, the City had an appraisal done
of many City-owned wetland parcels, which will help us. The
Conservation Fund requires an equal value for the land trades.
The City will have a new appraisal done of our wetlands area we think is
close in value to the land we want to own. The City will pay for the
appraisal of our wetland area.
4. The Conservation Fund and the City of Kenai will then make the land
trade.
Should I proceed as outlined above?
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