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HomeMy WebLinkAbout2005-05-09 Harbor Commission PacketKENAI HARBOR COMMISSION MEETING MAY 9, 2005 CITY CLERK CONFERENCE ROOM 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY-- March 7, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS ao Discussion-- Kenai River bluff Erosion Study/Project Status Report ITEM NEW BUSINESS ao Discussion-- New Boat Launches/Kenai City Dock ITEM 7: REPORTS ao Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/~UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a° c, d, Kenai City Council Action Agendas of April 6 and 20, 2005. Kenai River Center Notice -- Floating Facilities/Floating Docks, Kenai River -- William Bryant. U.S. Army Corps of Engineers, Public Notice of Application for Permit -- Winston Gillies, Mooring Buoy on Kenai River. 4 / 28 / 05 City of Kenai Dock Rate Schedule. Kenai River Center Project Tracking -- Michael Blair/Floating Facilities/Floating Docks. ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEET'J:N6: CAROL-- 283-8231 KEITH -- 283-8232 OR, KENAI HARBOR COMMISSION MEETING MARCH 7, 2005 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY -- January 10, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion/Review-- Commission Dip Net Fishery Recommendations ITEM 6: NEW BUSINESS ITEM 7: Discussion/Recommendation-- Lease Renewal/Tracts 5 & 6, Shore Fishery Plat No. 71 -- Randy Canady REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: · PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION. Kenai City Council Action Agendas of February 2 and 16, 2005. Commission Membership Update ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING MARCH 7, 2005 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/k ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. confirmed as follows: Roll was Commissioners present' Commissioners absent' Others present: P. Barrett, J. Foster, J. Barrett, S. Roma_in, T. Thompson B. Eldridge Council Member Massie and Public Works Manager Komelis A quorum was present. ITEM 2' AGENDA APPROVAL MOTION: Commissioner J. Barrett MOVED to approve the agenda as presented and Commission Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 3. APPROVAL OF MEETING SUMMARY-- January 10, 2005 MOTION: Commissioner J. Barrett MOVED to approve the meeting summary as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD-- None. ITEM 5: OLD BUSINESS Discussion/Review-- Commission Dip Net Fishery Recommendations The Commission reviewed their recommendations made during their November 8, 2004 meeting, i.e. three concrete outhouses; punch card for parking; and, no fires from South Spruce extending north and over 25' from dunes going south. Council Member Massie reported, council discussed the recommended placement of outhouses, but no final decision had been made. It was noted, the priority outhouse would be one placed at South Spruce beach. The Commission reviewed the improvement suggestions from the 2004 Kenai River Personal Use Dip Net Fishery Report included in the packet. Priority items were identified by the Commission as the ramps and road improvements, as well as signage, i.e. a master signboard indicating camping areas, allowed fire areas, parking, waste disposal, etc. It was also suggested leaflets with the information be prepared and handed out to users of the areas. After a lengthy discussion the Commission members indicated the following as priority recommendations: · The City build three concrete outhouses with the one at the end of South Spruce being the first priority since the old one there needs to be replaced. · Do not use punch cards or seasonal passes for parking as there will not be much of a savings for the user and a punch card could be damaged, cost of printing, etc. · No fires north of South Spruce and fires to south must be over 25' away from vegetation. · The City place a master signboard. MOTION: Commissioner J. Barrett MOVED the Commission, after must discussion, recommends that users of the parking areas pay each time they park, as they have in the past, and not use a punch card or seasonal pass. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM NEW BUSINESS Discussion/Recommendation -- Lease Renewal/Tracts 5 & 6, Shore Fishery Plat No. 71 -- Randy Canady The Commission reviewed the information included in the packet relating to the request by.Randy Canady to renew his lease for Tracts 5 & 6, Shore Fishery Plat No. 71. MOTION: Commissioner J. Barrett MOVED to recommend approval of the lease renewal for Randy Canady and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS Director-- Public Works Manager Komelis reported the following: The boating facility is closed and quiet. I-L~RBOR COMMISSION MEETING MARCH 7, 2005 PAGE 2 · The boat storage lease was signed by R&J Seafoods. The lease continues until May. · He will be bidding both the dock spaces, including the boat storage area in the near future. Komelis noted, he wants to make sure whoever is awarded the dock bid also receives the boat storage area also. 7-bo Dock Foreman -- No report. 7-c. City Council Liaison -- Council Member Massie reported the following: · Council has not made any decisions relating to the dip net fishery operation. He noted, he would like a master plan developed for the next five years, i.e. what the dock and beaches should look like, where toilets would be placed, where docks, ramps, roads need to be located, etc. Massie also suggested the Commission's recommendations be forwarded to the Dip Net Committee. He also suggested a schematic drawing included with the master plan as well. ITEM 8: COMMISSIONER COMMENTS/OUESTIONS J. Barrett -- Suggested the Parks & Recreation and Planning & Zoning Commissions be involved in development of this master plan. Thompson -- Reviewed letter received from Mayor Porter requesting commission chairs or vice chairs to contact members about meeting attendance before each meeting. Thompson stated, he or Vice Chair Barrett will commission commissioners. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10. INFORMATION lO-a. 10-b. Kenai City Council Action Agendas of February 2 and 16, 2005. Commission Membership Update A moment of silence was held by the Commission in remembrance of Commissioner Spracher, who recently passed away. Update information was offered for Peter Barrett and Gary Foster: · Peter Barrett -- Business phone, 283-1309 and 398-1213 (cell) · Gary Foster -- No business phone, 252-4003 (cell), and new email, gkfosterCC_~acsalaska.net. Thompson noted the next meeting date as April 11. ITEM 11' ADJOURNMENT HARBOR COMMISSION MEETING MARCH 7, 2005 PAGE 3 MOTION: Commissioner J. Barrett MOVED to adjourn and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8'40 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING MARCH 7, 2005 PAGE 4 CEPOA-EN-CW-PF MBMORANDUM FOR RECORD SUBJECT: Kenai River Bluff Erosion Study- Project Status 20 April 206., The draft reconnaissance report has been prepared. This report, also known ~s-a'905Co) report' determines if there is Federal interest in pursuing a detailed cost-shared feasibility study. The report indicates that the benefits of bluff stabilization would not justify the cost of the stabilization project. The report should be finalized early June 2005. The technical study, which is the focus, of our work, has been stalled due to my recent travels for work. All field studies have been completed and the remaining work is to.complete the technical report that documents these studies and presents study conclusions and recommendations. The draft report will undergo a technical review by peers starting April 29, 2005. This review is scheduled for completion June 1. The city of Kenai will review the report prior to it being finalized.' The report is scheduled for completion July 2005. The information on the recent $500k is limited, but is for continued study of bluff stabilization. This prohibits us for proceeding to the design phase of a bluff stabilization project. However, we will use the money to collect the necessary information (such as additional geotechnical data) that is required to complete the'design. Additional study effort may include an assessment of the cultural resources along the bluff. This assessment would likely be required whether the project was pursued as a Federal or local project. For additional information please contact the project formulator, Mr. Patrick Fitzgerald at 9~07- 753-5638. ' .,q //"/) . -- ~ ' . Patrick S. Fitzgerald, P.E. Project Formulation Section CF: Snow/City of Kenai Komelis/City o f Kenai · -.,KENAI PENINSULA BOROUGH PLANNING COMMISSION Public notice is hereby given that a conditional use application has been received for the installation of two additional boat launch ramps separated with wood-framed dock floats within the 50-foot Habitat Protection Area of the Kenai River. The activity under consideration is described as follows: Request and Location,,' A Conditional Use Permit Pursuant to KPB 21.18 for the placement of two new 226-feet long by 16-foot wide concrete boat launch ramps separated by 8-foot wide wood-framed dock floats. The proposed new ramps will be placed adjacent and upstream of the City of Kenai's existing boat ramp. The project location is in the lower river along the right bank of the Kenai River at River Mile 1.8 adjacent to Tract A, City of Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T.:N R 11W. SM AK (KPBParcelID.'""*'"'":'" Description as Stated in Permit: The purpose of this project is to provide improved recreational access to the Kenai River specifically during the dip net fishery where the current boat launch is so congested there is at least a two-hour waiting period to launch or remove a boat from the river. Petitioner: William J. Nelson & Associates, on behalf of the City of Kenai, 210 Fidalgo Ave, Suite 200, Kenai, AK 99611. The Kenai Peninsula Borough Planning Commission will hold a public hearing, on Monday, May__9, 2005, commencing at 7:30 p.m., or as soon thereafter as business '-- -permits. Meeting to-be held in the Borough Administrative Building, 144 N. Binkley St., $oldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony or may submit a written statement to the attention of John Mohorcich, Kenai River Center, 514 Funny River Road, Soldotna, Alaska 99669. Written testimony should be received no later than Fdday, February 11, 2005. Comments may be sent by fax to (907) 260-5992. For additional information contact John Mohorcich at the Kenai River Center, (907) 260-4882. John Mohorcich Kenai River Center Kenai Peninsula Borough NOTE: You are being sent this notice because you are a property owner adjacent to or within 300 feet of the described property. AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 6, 2005 7:00 P.M. KENAI CITY COUNC~ CHAMBERS http' //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHRDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSC_HRDULED PUBLIC CO~NT~. (3 minutes) ITEM D: I~'.PO_RTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: R~.PORTS OF KEN~ CONVENTION/h VISITORS BUREAU AND KENAI CHAMBER OF COMMI!IRCE ITEM F: PUBLIC ItEARiNGS Ordinance No. 2078-2005 (As Amended) -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(3) Non-Profit Corporations Without Public Sale at an Agreed-Upon Consideration. Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R11W SO 1 Thompson Park Subdivision Addition No. 1, l.~t 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. . . Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Klm Addition. . . ITEM G: . ITEM H: ITEM I: , , e Resolution No. 2005-10 -- Transferring $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Commumcation Expenses. Resolution No. 2005-11 -- Requestm§ the State Legislature to Provide Fundin§ to Mumcipalities for PERS Increases. *Liquor License Renewals a. BPO Elks Lod§e #2425 / Club b. Rosita's Mexican Restaurant/Bevera[e Dispensary License c. The Rainbow Bar/Bevera§e Dispensary License MINUTES *Regular Meeting of March 16, 2005. *March 2, 2005 Work Session Meeting Notes OLD BUSINESS susm'F, ss Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2087-2005 -- Amending KMC 23.40.030(/) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. *Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. *Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4} the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6} the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code Council; and 8) the International Existing Building Code, 2003 Edition of the International Code Council. *Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. , , 11. ITEM J: *Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. Discussion/Approval -- Termination of Lease / Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b / a Wing's Family Diner. Approval-- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b/a Alaska's Best Travel. Discussion -- Agrium U.S. Inc. Petition for Trade Adjustment Assistance Discussion -- Airport Land Development COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: AD_MINISTRATION REPORTS. 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXF_~UTIVE SESSION -- Negotiations regarding repurchase of airport property. ITEM N: ADJOURNMENT AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 20, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Kenai Middle School Students -- Kossack Komer Clothing Drive 2. Jason Elson-- Donation of Land rrEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION ih VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS . Ordinance No. 2087-2005 -- Amending KMC 23.40.030(/) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56- Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. Substitute Ordinance No. 2087-2005 -- Amending KMC 23.40.030(f) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 84 Hours and Lowering From 80 to 60 Hours Per Week the Amount of Leave Time That Must be Taken for Employees Working 40 Hours Per Week. . Ordinance No. 2088-2005 --Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. . 10. ITEM G: , ITEM H: ri'EM I: Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4) the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6) the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code Council; and 8) the International Existing Building Code, 2003 Edition of the International Code Council. Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. Resolution No. 2005-12 -- Transferring $3,372 in the General Fund for a New Ice Machine at the Senior Center. Resolution No. 2005-13 -- Transferring $5,400 in the Airport Terminal Enterprise Fund for Personnel Services. Resolution No. 2005-14-- Supporting the Efforts of the Kenai Economic Development Strategy (KEDS) by Directing the City Administration to Appoint a KEDS Steering Committee Member and to Continue its Close Work With the KEDS Working Group. Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc. for a Speed/Message Trailer for the Total Amount of $26,714. *2005 Liquor License Continuance WITHDRAWAL OF PROTEST Alaska_lanes Bowling Center. MINUTES *Regular Meeting of April 6, 2005. OLD BUSINESS Discussion -- Lawton Acres NEW BUSINESS Bills to be Ratified o o . . , 10. ITEM J: le 2. 3. 4. 5. 6. 7. ITEM K: Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2092-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. *Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an Exemption for Certain State Approved Relative Day Care Providers. *Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." *Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. *Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Approval-- Kenai Golf Course/Amendment to Leases, Parcels A and B {Increase in Fees and Extension of Expiration Dates) Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to Peninsula Aircraft Wash Detail Service/Lot 3, Block 1, General Aviation Apron. Approval-- Kenai Municipal Airport/Terminal Counter Space Lease Spaces 34 and 35 -- Grant Aviation. Approval-- Termination of Kenai Municipal Airport Lease/Space 21 - Fischer and Associates, Inc. COMMISSION/COMMI~EE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION --~Possible s~ttlement of Schmidt.v. City of Ke/lai et. al. c E N T E r~ App. Start Date: [ 03129/2005i Project Tracking She~ Project Start: i J Prcj~,,, ~,u,[,p,eteci: j SheetldI 562~ Subregn: MKP Coast. Dist: DNR Date In: } 03/29,20051 File Number:. i5623 i Spec Proj Name: :FLOATING FACITITIES/FLOATING DOCKS Applicant: [BRYANT, WILLIAM Contact Name: [ ............................................................................................................. Location= [l~'i~ ~,'~-~ '1~' 'C~-~ ,'~- ........................................................................ Stream No: Tax Credit: !~ Parcel No: Riv. Mile [049-490-18 ~ I --- J APMA#: COL COL Pmt Expires COL JD Expires: Review Type: GC#: [ .................................................. ] NWP#: t .................................................. J SlNGLEAGENCY: ?J MULTIAGENCY: [~ , DH CC: [ ......................................................................................................................................................... i COE-KFO' [~ COL: [~] MINING LIST: Cost Share: r~ TAX: ~ CZM: ~ OPMP: ~ USFWS: ~ KNWR: ~ COK: ~ COS: ~ ADF&GISF: Al' A~ Req Date: # Days Review Susp I]]~ ....... J ID # Comments Due OPMP: i .............................. ~ r ................................ q Revised Due Date Corem Sent Date Final Deter Rec'd Revr Pmt/Ref # Resp Due Revised Due .. [2_.-.Z'Z][_ i L:i..-ZTZ]J.'i/i]J[ il · ,~x c~ Parks · OHMP Amend: .~-_] CC Emailed: 1'--] Inspect Recto Recto Dat Auth Final Action I Date ] [.~--'-...-]_ l ..................... J L .............. ]~ ......... It ...................... } F- _--_3_ [ .............. il__~J ~Z_JI ] ~ L ................ ]1 ........... J L ..... L_~_! I '--~ '-- ACMP: _ IPR) individual Project Review (consistency review) _ IPRA) No Consistency Review, amends permit issued under IP _. CC) Categorically Consistent __. GC) General Concurrence __ NA) Not Applicable (none of the above) Activity Type ["-; ........ i'~, ............. ~ ................. __BS) Bank Stabilization/River Training .__BR) Bed/Bank Restoration _..BI) Bridge Install/MaintJRemoval ._BL) Boat Launch __Cl) Culvert InstaiVMaintJRemovai __DF) Dock/Floating ._DG) Dredging .._DI) Dam/Impoundment _._DP) Dock/Pile .__DR) Debris Removal __DV) Diversion/Realigment .__ES) Explosives/Seismic __FL) Fish/Wildlife Management __FM) Fisheries Management _HA) Hazing ._LU) Land Use _.ME) Material Extraction __OF) Ouffail Structure _._OS) Oil Spill TrainingJResponse .._CT) Other .__PC) Placer/Commercial __PR) Placer/Recreational __UL) Utility Line .._VF) Vehicle/Equip Ford __WB) Walkway/Boardwalk/Stairs _.WE) Walkway/ELP/Stairs ~WW) Water withdrawl/! ntakeStructure Expiry 'J' Recto - Comments Only 't' Final Action : _PA) RecApproval __D) Denied ~ RD) Rec Denial ._ 1) Issued __. GC) General Comments ._ NR) Not Req'd ~ NR) Not Reviewed __ WD) Withdrawn by applicant ___WD) Withdrawn/closed ._ O) Other Authorities (Auth) OHMP __ 840) Fish Passage __ 870) Anad. Water __ 890) Emergency FP __040) KPB -HP __ 070) Allowable _ 08O) C.U.P. __ 090) Prior Existing __ 040) Tax Credit Document Name: A PUBSCT002424MAR2905 0503 1 2005 Public Information Parcel Primary Owner BRYANT WILLIAM G & BRENDA L 925 S AMES RD KENAI, AK 99611-8390 General Information Tax Code Area 30 Y~ENAI Last Inspected: 08/01 BASEMAP: KR06 Transferred 10/93 QUIT CLAIM DEED Bk/Pg 0428/0751 Doc No Ap.Dr/Book 049 Structures i Blt Area 1 SINGLE-FAMILY RESIDENTIAL 1993 BASE BALCONY - WOOD RAIL DECK WOOD GARAGE BUILT-IN FIN TakeMeAway 04949018 8 Legal Description 925 AMES RD T05N RllW S02 Klq0920062 BEAVER CRV. EK ESTATES SUB LOT 1 Acres Sq. Feet 1,039 81 604 661 -Certified Appraisal Values Roll Year Land Improvement Spec Feat MAIN 2004 91,500 170,600 9,200 MAIN 2003 74,600 168,000 9,200 MAIN 2002 74,600 160,400 9,200 MAI~ 2001 56,500 130,000 600 Parcel has note types=B. 04949018 2001 1.12 Appraisal Taxable 271,300 261,300 251,800 241,800 244,200 234,200' !87,100 177,100 . L lmm. t~oa,___~m _,~?;I .... LOT ONE I,l~. AC. Date: 3/29/2005 Time: 09:52:36 AM I I I ~ ~ h, ~' ,' , j I'~ z' ~ ~ x ~ ~------I---~'[ ~ r~ ' I I I I I I I t UJ O0 Multi-Agency Permit Application !i 2005 COST SHARE C E N T E R NOTE: YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. Applicant Information.: City, State, Zip:_ ~i.~,'._ ~. Fax & E-mail: Please complete the following: _Parcel Informatio_n: Lot:_[_ Block_ River Mile '_, ~'_ Right ~il or Left IZl bank? (Looldng ' down-stream) KPB Parcel #: 0 t_[q C{.q ~25> [~> 1) The project is located w/tlfin the city limits off Soldotna [3 Kenai 2) This project is located within Moose Range Meadows Subdivision, within the KNWR? Yes If yes, is the project within one or both of: - the variable non-development easement? Yes [Zl No [3 Not SureUl - the 25-foot public use easement? Yes CI No F1 Not SureFi 3) The project is located within 50-feet of the ordin/ary high water (OHW) or mean high water (Mb%V) of an ana&'omous stream? Yes [3' No UI Not sure where OHW or MI~ line is 4) Does any portion of the proJec,,t, canfilever or extend ove.__.Er the OHW or MIIW of the stream? Yes F'] No [~ Not sure where OHW or MHW line is 5) Does any portion of~ project extend belo___.~.w the OHW or MHW line of the stream? Yes ~] No Fl Not sure where OHW or MHW line is 6) Does flxis project replace a prior existing structure? Yes Cl No 7) Will material be extxacted or dredged fxom the floodplain or fiver bed? Yes !'3 No [3/ If yes, what type? 8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river7 Yes, temporarily UI How long? Yes, permanently If yes, what type of material is it? _ 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 06/02103 Multi-Agency Permit Application Page 2 9c) Length of time motorized equipment will be used below OHW? 9d) Length of time motorized equipment will be used above OHW? 10) Dixections to thc site: 11) Surface area in acres of wetlands or other waters f'flled: 12) Is any portion of the work already complete? Yes .__-- No ___ . I~~fYes, 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 supplemental list)._ " - -- SIGNATU'R.E OF//kPPLICANT DATE STATEMENT OF ALq'HOKIZATION I hereby authorize, to act in my behalf as my agent in the proces.~g of tiffs application and to furnish, upon request, information in support of this permit application. Application is l~ereby made for a permit or permits to authorize the work described in this application. I certify that tlxe information in this application is complete and accurate. I timber certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. 1_ SIGNATURE OF AGI~NT DATE ************************************************************************************************ 18 U.S.C. Section 1001 provides that: Whoever, in any manner within ~e jurisdiction of any department or agency of tlae Un/ted States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact 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 $10,000 or imprisoned not more than five years or both. 06/02/03 KKC: PAGE 2 D£0-06-2004 ~ON 03'31 FRX NO, 907 287 2484 ?. ADF.G and U'S~S Fish itabimt Restoration Program EXI:~IT A: Project Plan and Cost Estimate Private Land Agreement # COOPERATOR: Bill Bryant 925 A.rna~ Street K. enai Air. PHONE: 283-4250. work 670-3515 PA.RCEL #: 04949018 99611 · · · .LEGAL DESCRIPTION: i~VERM1LE: 0.5 BAN.q(: R of Beaver Ct. TSN Ri iN SO2 Beaver Creek Eaga:es Subdivision Lo: 1 997 SITE BESC1LtPTION: Parcel 049-490-1g is a 1.12 acre parcel dial h~ zpproxJmately 120 feec of fiver feat. The devciopment~ along rkis riverfi:cn[ include ',"our 4.'/oor by t 6-.%ot floating acczzs l: taffm'm s, a 4-['oor by 10-foot ace, s ramp and a 16-~oo[ by 4-foot floating dock. At or~inat7 high wamr (O1-t%;) there is approxim'.amly 120 fee. t of herbaceous vegetation. Below OflW ther= no fish kabitat. TI~c substmte along mis parPet include 120 feet or' mud. I1..ad>PROVED WORK PL,/UN: Tiffs project involves the ~plzcemcnt of tlxe ex/sting styrofoam b!oc~ used in d~e 'floating doc'~a, reptaPhxg with polyethylene drams fi~ed wifl~ s~oi:o~. The existing st~ofoam bloc',~ will be remove~ m~ d~posed of at m approprime upt~d location. The ded¢ of the floatJzg dock will rem~n fl~e same dimension ~ s~, ~ :he original dock. After rcplacemcn% ~e floar~g da~ ~11 be replaced and be ~e~onally removed a~ the end of~e scion. Tkis ~rojecz is neeess~ to reprove ~ubs~dard fio:~g~en from the river ~d be a demonstrmion for pro!ce,' ~qoat~g dock :omtrucfion. III. PERMITS REQUIRED: ADN?~OHN~P ^DNK/DPOR KPB U.S. ACO£ COS OVERLAY IV. COST Es'r~4ATE: A. ~ateriala and l..abor tLS. Fbh and Wildlife Service Share M)FG Share Cooperator Share 2850 1425 , 142.5 05-Dec.-04 D£0-06:--2004 ~CN 03'31 ?I~ 8DF&G SF RS F,~,X ~I0, 90'/' 2~7 2464 P, 07 . · A.D~G. anti US~'WS .Fish ~abitat Restoration Program E~IT A: Project Plan and Cost Estimate Private Land Agreement # V. NATURE OF TIlE SERVICE SHARE: Tile Service will reimburse tile Cooperator for material and labor up to tile agreed upon ~timated cost of tile project as described in Section tV. Cost Estimate, provided the work is completed as described in tl~e above worl~ plan and. as permitted by Federal: Stata, and local agencies. Reimbursement of project casts may be reduced or wit. liht~ld it': 1) the project is not completed as described in the Seetifn 1I. Approved Work Plan, or 2) ~s it relates to this Cooperative Agreement, riparian vegetation is cut or unmttl~orized pipe supports for tlxe gratewall~s are placed below tlie ordinary l~igh water marl~. 06-De:u-04 i DEP~RT31ENT OF FISH AND GA,~IE WALTER J. HICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 FISH HABITAT PERMIT FG 92-II-0281 May 29, 1992 Mr. William Bryant 272 Charity St. Soldotna, AK 996 69 · Dear Mr. Bryant' Re' Floating Dock - Beaver Creek (Stream No. 244-30-10010-2025) (Section 2, T. 5 N., R. 11 W., S.M.) Pursuant to AS 16.05.870(b) , the Alaska Department of Fish and Game (ADF&G) has reviewed your proposal to seasonally install a 64 square foot floating dock on the west bank of Beaver Creek within the Kenai River Special Management Area. The dock will be installed by anchoring the upstream corner of the dock to a guy post, which will be set above the mean high tide line of Beaver Creek.. The dock floats will consist of closed cell styrofoam. A ramp will connect the dock from above the mean high tide line to below the mean low tide line. The ramp walkway shall not exceed 4 feet in width' The dock will not extend more than 10 feet into Beaver Creek at mean low tide. , Beaver Creek has been specified as being important for the spawning, rearing or migration of anadromous fish pursuant to AS 16.05. 870(a). It supports chinook, sockeye, and coho salmon as well as resident Dolly Varden. This proposal is not expected to impact these fish- In accordance with AS 16.05.870(d) (commonly referred to as the Anadromous Fish Act), project approval is hereby given subject to the following stipulations' 1. All bank cuts, slopes, fills, or other exposed earthwork attributable to. this project shall be stabilized to prevent erosion and the resultant sedimentation of Beaver Creek. 2. The floating dock shall not be treated with creosote or pentachlorophen°l' ~ printecl on recycled paper b y C.D. FG 92-II-0281 -2- May 29, 1992 3. The floating dock shall be seasonally removed. In addition, the following stipulation is necessary for project consistency with the Alaska Coastal Management ~rogram' 4. Fuel, oil, and other petrochemical products shall not be stored within 100' of the Kenai River. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the The final determination relative to the approved plan. significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS ~6.05.87 0. This permit must be retained onsite during construction, and expires December 31, 1992. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Kenai Peninsula Borough and the Alaska Coastal Management Programs. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption, to fish and game created by the project and which were a direct result of the failure to ~comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provisions of AS 44.62.330 - 44.62. 630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and .its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this FG 92-II-0281 -3- May 29, 1992 permit. However, this provision has the sole proximate cause of the negligence. sincerely, Ron Somerville, Deputy Commissioner no effect, if, injury is the but only if, department ' s By: cc' Stewar Sea Habitat Biology-st Region II Habitat Division (907) 267-2284 R. Thompson, ADNR/DL T. Rumfelt, ADEC C. Titus, ADNR/DPOR D. Nelson, ADF&G K. Tarbox, ADF&G R. Mills, FWP M. Pearsall, KPB Submit To: ; o KENA! PENINSULA BOROUGH / KENAI RIVER CENTER 514 FUNNY RIVER:ROAD SOLDOTNA, ALASKA 99669 PHONE: (907) 260-4882 FAX: (907)260-5¢92 PART 1' PRE-QUALIFICATION APPLICATION FOR KENAi PENINSULA BOROUGH HABITAT PROTECTION TAX CREDIT Please answer ali questions. This Pre-qualification Application must be received prior to beginning construction. !. APPLICANT INFORMATION: Property. Owner__ _, ~. , a,t,,a. Mailing Address ~~" _b~r~e ~ City, State, Zip ~~' ( ~~ Day Phone ~~-~3- ~A~_ Fax L6¢ v~C. ~. ~' Agent t (if other than Owner) ._~ Mailing Address qct ti_ City, State, Zip Day Phone .. Fax II. PROJECT LOCATION' Assessor Parcel No. OqC:i qc~ ~ [.~> __ Township_~¢~,i~l~l¢2..Rang~ Section ~ I((.~ Seward Meridian~~~=,-~% L~t., I Block River Mile · ~' ~)/L bank (going down stream) Iii. DESCRIPTION OF PROPOSED ACTION: IDENTIFY PROJECT TYPE AND ESTIMATED COST IN THE FOLLOWING TABLE: '.i .... Y.:~?:i;!E:"!:!;;:~! ;'Da~e:!?;;;::.. ,. · ..:,, .. -...-,~.-,... ::~,_'.. ' , ,,,':'v~:?- A. Boardwalks & Gratewalks !'i.,'. .'.~'.:;;:",'.!i:.F_";:i.i:7;);:.kf ;;~::-:~,'.~,!:~ii~;F;,.,;,'~ ~.".. i,.~!¢~;'.~:--~.~!f.";.'.,:;!.: .... ':'% ;."?.. Ck,..'~.f::· ~'!':~.. :.:. "?J'~ ;q~- .... --4' ~-.'. :,,,~..,r.~::ii,T,,i .~ ,:,~..',::;.~,:-'r: ~i, :' '~' :;-~;::~.?,.=-0~i~_?.,~.: . ' ~' '" "" '": , . ~.:..; ;...= ~;! :..~/ f':,F.;.;-', ,,~,1 .~u_;' :;;. 2~ :;E :?q.-:.:':, - --'-~ ....... ;~-.'--q~-'.r-~.l:,;3..'&-:l.,? .';?.~0~j?';' :'"3.,i" .t .~ ,.. D. FIoating Dock ~' · O~ '"'; '"'"':::;:;': ~:''''~;;?''~'''';:`;'::'::?:';'~''''*':''''<' ~'::" ";: !::.,a~-:;'; ' .'::'~'" ?''` ::'~''::'''':' :;': ':'"-'.;;;'~;"':'i':'i-"' ~-~,=;~ ;,,,?,'*.,.;:~. ~-~-~ ..,: .,..,~:-'.~i,~;.,.:~:~; ?-:,..?-' ,'* ..... ,..'" .-."' ....... ,"- .... *," ...... ,'r "..¥"-*- ' ,, ,-- ............. · ..... '~-! ...... ~' '' E. Hydr~carb0n Spill Prevention .... ,:A,,'4 ,.,;:~:~:i.,.':!;;::..-:..:~.~:¢:-".~, ,.t~i~;,~,i;?;.'...';~;=~.::;%:[z:,k ..... ~:;'~ ;f:',.i;~'.:.-.!:,-'.-.':2_-,~:i,::-,;;::!~;:?¢:; ;;.::;¢.~i~'.~4:~;P.'."~::i~:~ ., ...................... ,.~ ..,-.., F~Bank or Habitat Restoration, ':'-":'? :~';~ ;';':"-~'.'?;";::""~' ;'.!. ~';?,;:i :' '::lC i; ,~., fei,.!,: ~;;¢ · .;. :;~.,. ,.:~.,.r:',.:':':' ....... -'.:;i~;:;"':.:'" i'.'_ ;'i~.,~;,: ;:'~:?;;..¢:,, i?'Y,', "~,' '''~': ~'' ''~ ....... Bank Protection ':::.?,,,~: ..':':-i :'.:~ ,. ':¢~".,, :¥~::.i.,. j.' ;:.:;~iq i4.:',.:'i:;.,~::: :.:.,..'-. ;~ ifc. .... :: ~ ';~ 't ;;5.:r - :--i ;. :! .. ;;. :!4:.:: ,.t: !~_, .... ;~; j ....... t,.:.!~ ~.:i ,i' :' ' .... %" ............ ' .... .' . . . ' .......... , , ..; :.;.,,.,~ ...... , ..?:r~,:..; ........... : '.'..~, .~¢ ..... l:, .,,.~;~74~,-.'~ ¢" ': ,:..:.:-::;: ~: i.:'...~: :¢%,; .;, ~:,~ !.;~5i:;¢,E.,! 4' :.;: ,i,"~?::?¢:~.;t,: ........... ;' ;: i~,:.~. !.;.' ~ '::.'-'j;~!' ":'?.' G. Bridges & Spans ;.,?-,.,',,~:,~:,.".:,,::~,,.~:,:~-,,;.,-, ¢,',:~,' :,.,.y;,'";~ ........ "'¢=:. · "'~';,;",'+~','"'"" .............. ~ .............. , ....................... ' ......... ":'""f."-, :'?' ": ;: ..... I: .... .,"': · ' IV. CERTIFICATION STATEMENT' The information contained on this form is true and complete to the best of my knowledge. I certify that the proposed activity complies with and will be conducted in a manner consistent with KPB 5.14, Kenai River System Habitat Protection Tax Credit. Signature of P~Pe~ Owner or Agent / Date 08/01/00 KPB Code 5.14 Page 1 of 2 i , ..~i .':.. .!7':'.':" : .'~. DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MA NAGEMENT AND PERMITTING ALASKA COASE4L MA A~4GEMENT PROGRAM 10c FRANK H. MURKOWSKI GOVERNOR WSOUI'HCENTRAL RI£GIONAL Ob'FI('E 550 W. 7ru A VENUE. S~HTE 1660 AN( 'HOi~4GE. AI~4SKA 99501 I'H: (907) 269-7470 b'A)~? (907) 269-3981 '~ ('ENI'RAL ObT:lCl:' /'. O. BOX 110030 JUNEAU. AI~..¥KA 99811.0030 l'H: (907) 465-3.562 I.;.L¥: (907) 465.3075 ~ I'IPI:TJNI£ COORDINAI'OR 'S OFbTCI:' 4 ! 1 WI:.S7' 4m A g'ENI q..'. SUIIE 2C ANCHOI~AGE. ALASKA 99501-2343 I'H: (907) 257-1351 FAX: (907) 272-3829 www.alaskacoast.state.ak.us April 20, 2005 Mr. Winston Gillies P.O. Box 1486 Kenai, Alaska 99611 Subject: Kenai River Mile 3.5, Mooring Buoy State ID NO. AK 0504-07AA Start of ACMP Review Dear Mr. Gillies: The Office of Project Management and Permitting (OPMP) received the Coastal Project Questionnaire and consistency certification, applications, and supporting information you submitted for the proposed project. OPMP is coordinating a review for consistency with the Alaska Coastal Management Program (ACMP) (AS 46.40). This letter initiates the State of Alaska review of this proposed project under the schedule and process described in State regulations (11 AAC 110). Project Description/Scope of Project to be Reviewed The project subject to this consistency review is the installation of a mooring buoy and associated anchor and chain below the mean high water mark (MHW) of the Kenai River. The proposed buoy would be seasonally removed at the end of the fishing season. The proposed mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet to the proposed 400 pound concrete anchor measuring 18" x 18" x 18". The city of Kenai holds title to the submerged lands of the Kenai River at the location of the buoy. The buoy would be anchored in the NW ¼ SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at approximately Kenai River mile 3.5. Review Process I distributed the packet of information you submitted to the following review participants' Alaska Departments of Environmental Conservation, Fish and Game, and Natural Resources, and the Kenai Peninsula Borough Coastal Resource District. A notice posted on April 20, 2005 on the ACMP website (www.dnr.state.ak.us/pic/pubnotfrm) and in sites noted on the public notice posted on April 20, 2005 informed the public of the proposed project. The COE also issued a public notice for this Kenai River Mile 3.5, Mooring Buoy AK 0504-07AA April 20. 2005 Page 2 of 4 project on Mark 24, 2005. Authorizations The project must be found consistent with the ACMP before the following State and Federal authorizations may be issued: U.S. Army Corps of Engineers (COE) Section 10 Permit No. POA-2005-423-1 State agencies shall issue permits within five days after OPMP issues the final consistency response that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. Please note that. in addition to their consistency review, State agencies with permitting responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. Applicants may not use any State land or water without DNR authorization. Review Schedule OPMP is coordinating the consistency review of this project under a 50-day review schedule. Review deadlines are listed below and on the enclosed project data sheet. Request for additional information' Comment deadline: Proposed response: Final response' 05/14/05 05/19/05 no later than 5:00 p.m. 06/02/05 06/08/05 State review participants will evaluate this proposed project for consistency with the enforceable policies of the ACMP that include statewide standards in 6 AAC 80, and enforceable policies of the Kenai Peninsula Borough Coastal Resource District, with the exception of the Air, Land and Water Quality Standard (6 AAC 80.140). DEC will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 6 AAC 80.140. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 6 AAC 80.140 for those specific activities. The public may also submit comments regarding the consistency of the project with the ACMP. Any comments concerning consistency with 6 AAC 80.140 must be submitted directly to DEC. Comments concerning consistency with all other standards and policies must be submitted to OPMP. OPMP will give careful consideration to all comments. The proposed consistency response will notify you of OPMP's concurrence with or objection to your certification. If OPMP objects, the consistency determination may include alternative measures required to make the proposed Kenai River Mile 3.5, Mooring Buoy AK 0504-07AA April 20, 2005 Page 3 of 4 project consistent with the ACMP. You may choose to adopt the alternative measures, or propose other modifications that would achieve consistency for review participants and OPMP to consider. Elevation OPMP must receive a request for elevation of the proposed response to the department commissioner within five days after issuing the proposed response. The applicant, State resource agencies, and an affected coastal resource district with an approved program have elevation rights. By a copy of this letter I am informing the State and Federal agencies that the OPMP has begun its consistency review. · We encourage you to visit OPMP's web site for more information about the ACMP. The web site contains the State's consistency review regulations l 1 AAC 110, the public notice for this project, and other information. Please contact me at 269-7468, or email amanda_henry~dnr.state.ak.us if you have any questions. Sincerely, Amanda S. Henry Project Review Coordinator Enclosure: PIS and Backup Material Emaii Distribution Only Lisa Gibson, COE Regulatory Branch Carol Freas, City of Kenai Finn Roche DEC,Juneau Andrew McCarthy, National Park Service Bob Shavelson, Cook Inlet Keeper, Homer Debra Cooper, USFS Seward Ranger District, Seward Gary Porter, Bald Mountain Scientific Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai Gary Williams, Planning Director, KPB, Soldotna Glen Yankus, NPS, Anchorage Holly Babcock, Kenai Peninsula Borough Honorable Dale Bagley, Mayor, KPB, Soidotna Jade Gain hie, OHMP/DNR Jane Gabler, KPB, Soidotna Janet Herr, NMFS Public Notice Alaska Coastal Management Program April 20, 2005 ALASKA COASTAL MANAG[MgNT PROGRANI Kenai River Mooring Buoy Installation Your Opportunity to Comment Project Title/State ID#: Kenai River Mile 3.5, Mooring Buoy AK 0504-07AA Applicant/Agent: Mr. Winston Gillies Location' The buoy would be anchored in the NW ¼ SE ¼ NW ¼ Section 17, T. 5 N., R. 11 W., Seward Meridian at approximately Kenai River mile 3.5. Review Schedule (50 days)' · Day l ............................................. 04/20/05 · Comments due on or before ....... 05/19/05 · Final determination issued by ....... 06/08/05 How you can participate: This project is being reviewed for comistency with the Alaska Coastal Management Program. Your comments on the proposed project's consistency must be submitted in writing to the Office of Project Management and Permitting (OPM?). Comments about inconsistenc~ must identify the relevant enforceable policy and explain how the project is not consistent with that policy. Deadline for written comments' 5:00 PM on May 19, 2005 Contact: Amanda S. Hera'y, Project Review Coordinator Alaska Coastal Management Program, OPMP 550 W. 7~ Ave, Suite 1660, Anchorage, AK 99501 Phone: 907-269-7468 Fax: 907-269-3981 Email: amanda henry~dnr, state.ak, us Web site: htt~://~.alaskacoast.s~te.ak.u~ _ Project Description: The project subject to this consistency review is the installation of a mooring buoy and associated anchor and chain below the mean high water mark (MHW) of the Kenai River. The proposed buoy would be seasonally removed at the end of the fishing season. The proposed mooring buoy would be 30" in diameter, and the attached chain would extend 60 feet to the proposed 400 pound concrete anchor measuring 18" x 18" x 18". The city of Kenai holds title to the submerged lands of the Kenai River at the location of the buoy. For your information: Individuals with disabilities who may need auxiliary aids, services, or special modifications to participate in this review may contact the OPMP review staff at the above address. Public notice posted in Kenai, Alaska at the U.S. Post Office and the offices of the City of Kenai and on the ACMP web site. STATE OF ALASKA /=rank H. Murkowski, Governor DEPARTMENT OF NATURAL OFFICE OF PROJECT MANAGEMENT AND PERMITTING $OUTHCENTRAL OFFICE ALASKA COASTAL MANAGEMENT PROGRAM Consistency Renew Un~ Contacts Phone Fax OPMP Amanda Henry (907) 269-7468 (907) 269-3981 DEC Larry Dugan (907) 269-7564 (907) 269-7508 OHMP Lee McKinley (907) 260-4882 (907) 260-5992 DNR KARA HOORE (907) 269-5047 (907) 269-8913 DISq'R.I~ Gary Williams (907) 262-4441 (907) 262-8618 COE L.isa Gibson (907) 283-3519 (907) 283-3981 550 ~¢e~t 7th Av~., Suir~ 1660 Anchorage, AK 99501 Email amanda_henry@dnr.state.ak, us larry_dugan@dec.state.ak, us lee_mckinley~dnr.state.ak.us kara_moore~dnr, st3te.ak.us GWilliams~borough.kenai.ak. us Lisa. N.Gibson@poa02.usace.army. mii PROJECT TITLE: STATE ID NUMBER: PROJECT FACT SHEET KENAI RIVER MOORING BOUY AK 0504-07AA APPLICANT/PROPONEN AGENT WINSTON WINSTON GILLIES Phone: (907) 283-4115 Fax: (907) 283-9646 DIRECT FEDERAL ACTION: REVIEW TYPE: Consistency ACTIVITY TYPE: 'OTHER No PROJECT LOCATION: Nearest Coastal District: Project is OUTSIDE District Plan Approved? REVIEW SCHEDULE: REVIEW MILESTONES: Kenai Peninsula Borough the District Coastal Zone Boundary No 50 Days Day 1: ............. Reviewer I~;:l~;si f(~r',~t~liii~;3~i Info~r~aii~ on or ~3~(~r'e~.' .". .... . Comments Due to OPMP on or before: ....................... Proposed Consistency Determination Issued on or before: ........ Final Consistency Determination Issued on or before: ........... PREVIOUS OR RELATED PROJECT REVIEW STATE ID#'S: STATE AND FEDERAL APPROVALS: Email 4/20/2005 5/14/2005 5/19/2005 6/2/2005 6/8/2005 FEDERAL COE SECTION 10 2005-423-1 Federal Deadline: 10/20/2005 US Army Corps of Engineers Alaska District Regulatory Branch (1145b) 805 Frontage Road Suite 200C Kenai, Alaska 99611-7717 Public Notice of AppliCati n ............ .,,, for Permit ? PUBLIC NOTICE DATE: March 24, 2005 EXPIRATION DATE: April 19, 2005 REFERENCE NUMBER: POA-2005-423-1 WATERWAY: Kenai River Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Mr. Winston Gillies, P.O. Box 1486, Kenai, AK 99611; 907-283 -4115 LOCATION: Approximate Kenai River mile 3.5, in the NW' W SE ~ NW ~ Section 17, T. 5 N., R. 11 W., Seward Meridian, in Kenai, Alaska; Latitude 60.5253~N, Longitude 151.248696. WORK: To install a mooring buoy and associated anchor and chain below the mean high water (MHW) mark of the Kenai River. The proposed mooring buoy would be seasonally removed at the end of the fishing season. The proposed mooring buoy' would be 30" in diameter, and the attached 'chain would extend 60' to the proposed 400 pound concrete anchor measuring 18" X 18" X 18". .PURPOSE: To tie off a commercial fishing boat during t. he salmon season each year. ADDITIONAL INF0.RMATION: The proposed mooring buoy would be located approximately 150' from mooring buoy numbers 15 and 16, authorized to Ward's Cove Packing Company on March 13, 1990, and. transferred to Kenai Landing, Inc., on July 7, 2004, under Department of the Army perm/t POA-1989-345-1; approximately 150' west of mooring buoy number 2 authorized to Inlet Fisheries on September 22, 1993; and approximately 200 linear feet east of the northern property line of Lot 8 Block 1 of the Kenai Peninsula Estates Subdivision, Part 3, Kenai Peninsula Borough (KPB) parcel number 049-420-17. · There are approximately 150 mooring buoys authorized by individual permits within the first three miles of the Kenai River. These mooring buoys are seasonally installed by individuals and companies for commercial use during the commercial fishing season. Between Kenai River mile 2.8 and 3.7, there are approximately 66 mooring buoys authorized by DA individual permits or letters of permission. Of these 66 mooring buoys, 27 of these authorizations are for Inlet Fisheries (DA file numbers POA-1978-175-2 and POA-1978-175-N), 33 are authorized to Kenai Landing, Inc (DA'file numbers POA-1989-345-1, POA-1989-345-M, and POA-1990-337-A), 4 are authorized to Seward Fisheries (DA file number POA-1988-281-1), 1 is authorized to Mr. Morris Porter (DA file number POA-1989-345) and 1 is authorized to Mr. Robert Porter(DA file POA-1989-345). . WATER QUALITY CERTIFICATION: Because the proposed project is subject to only Section 10 of the Rivers and Harbors Act of 1899, a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95- 217) from the A/aska Department of Environmental Conservation is not necessary. COASTAL ZONE MANAGEMENT .ACT CERTIFICATION: Section 307 (c)(3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land .or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Project Management and Permitting, Department of Natural Resources has concurred with the applicant's certification. P. UBLIC .H~ING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, reason~ for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including, those listed in or eligible 'for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. .Consultation of the A}IRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDA~..GER~D S.PECIES: No. threatened or endangered species are known to use the project area. Preliminarily, the described activity will not. affect ~hreatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described .work. ESSENTIAL FISH HABITAT:' The proposed work is being evaluated for possible effects to Essential Fish Habitat '(EFH) pursuant to the Magnuson Stevens Fishery Conservation and Management Act of 1996 (MSFCMA), 16 U.S.C. et seq and ass~ciated federal regulations found at 50 CFR. 600 Subpart K. The ;klaska-District includes areas of EFH as Fishery Management Plans. We' have reviewed the January 20, 1999, North Pacific. Fishery Management Council:s Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS). We have determined that the described activity within the proposed area will not adversely affect EFH, including anadromous fish and federally managed fishery resources. SPECIAL AREA DESIGNATION: None. .EVAL.UATIO. N: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be , 2 balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so, the conditions under Which it will be allowed to occur, .are therefore determined by the outcome of the general balancing process. That decision should reflect 'the national concern for both protection and utilization of important resources. All factors, which may be relevant to the proposal, must be considered ~including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood'hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities in. volving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would'be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental'Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. .Comments' on the described work, with the reference number., 'should reach this office no later than the expiration-date of this Public Notice to become part of the record and be considered in the decision. Please contact Ms. Lisa Gibson at (907)283-3519, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and'Harbors Act 1899 (33 U.S.C. 403). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal' Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. Attachments District Engineer U.S. Army,. Corps of Engineers I1 ViC I N/,T,y MAP Oil Plllf~m A ~ · i'd- Oil I:~tfm'r/L Co "' .v, . - ~.~ " '.\ ,, Oil Platform... - Dillon "' .o POA-2005-423.1 PROPOSED MOORING BUOYS IN: KENAI RIVER AT: KENAI MUNICIPALITY OF: KENAI STATE OF: ALASKA APPUCATION BY: WINSTON GILUES SHEET: 1 OF 3 DATE: 31612005 PLAN VIEW t I I POA-2005-423-1 PROPOSED MOORING BUOYS IN: KENAI RIVER AT.~ KENAI MUNICIPALITY OF: KENAI STATE OF: ALASKA APPUCATION BY: WINSTON GILUES SHEET: 2 OF 3 DATE: 316/2005 o I i iii ii i i i CROSS $ CTION VI W LOW ~ IIIFKE llllm~ raYS · ii iii m i_ ii i__~1 I POA-2005d123-t PROPOSED MOORING BUOYS IN: KENAI RIVER AT: KENAI MUNIClPAUTY OF: KENAI STATE OF: ALASKA APPLICATION BY: WINSTON GILLIES SHEET: 3 OF 3 DATE: 3/6/2005 . .STAT FRANK H. MURKOWSKI, GOVERNOR OF ALASKA OFFICE OF TEE GO~R~OR DEPT. OF ENVIRONMENTAL CONSERVATION DIVI S ION OF WATE~ 401 Certification Program Non-Point Sourc~ Water Pollution Control Program · ov A mCAU0S FOR STATE WATER QUALITY CER~CATION Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95-217), also must apply. for and obtain certification from thc Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between thc U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a'Del~~~t of the Am~y permit to discharge dredged or fill material into navigable wat~ under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers' Public Notice No. POA-2005423-1, Kenai River, serves as application for State Water Quality Certification from the Department of Environmental Conservation. After reviewing the apPlication, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Deparm'lent also may deny or Waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the Corps of Engineer's Public Notice to' Department of Environmental Conservation WQM/401 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907)269-7564 FAX: (907) 269-7508 Attachment 2 STAT FRANK H. MURKOW. SKI, GOVERNOR OF ALASKA OFFICE OF THE GOd.OR DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MANAGEMNT AND PERMITTING ALASKA COASTAL ZONE MANAGEMENT 550 WEST 7T~ AVENUE, SUITE 1660 ANCHORAGE, ALASKA 99501-3568 NOTICE OF APPLICATION FOR CER~CA~ON OF CONSISTENCY WI'I'It ~ ALASKA COASTAL MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the Office of Project Management and Permitting for a consistency determination, as provided in Section 307(e)(3) of the Coastal Zone Management Act of 1972, as amended [16 U.S.C. 1456(e)(3)], that the project described in the Corps of Engineers Public Notice No. -POA,,2005423-1~ Kenai River~ will comply with the Alaska Coastal Management Program and that thc ,,?rojcct will be conducted in a mann~ consistent with that program.. The Office of Project Management and Pemaitting requests your comments, particularly on the proposed project's consistency with the affected local coastal district management program. For more information on the consistency review contact OPMP at (907) 269-7470 or (907) 465-3562, or visit the ACM? web site at http://www.gov, smte.ak, us/gde/Projccts/projects.html. Attachment 3 5. APPUCAN~$ NAME .......... i · · i iii · i i ! ! i PRIVACY AOT m'ATEMEN~ ' - ! KENA~ REGULATORY FIELD OFFICE: I ~I.ASICA D~TRJCT. COP,°S ~ "~3. N'~E CN: W^'tL=RKX~.~KNOWN r,~~ DAm '-16. OTTER LOCATI~ D~.,/:UPTION~, i~ KNO~ (see in~(mclJons) 17. DIRECTIONS ~0 THE ~ u · . -. . ........... ~ _ d~z~ ~: G ; i /, ,,~ . ,~ ~ ~ o,, . ii i j i i ii ii Il. Il Il I I AGENCY TYPE APPROVe' tOENT'IFICA~ MJMBER DATE APflt. IED DATE APPROVFn DATE DENII=n . agent # Ihe stat~ In block 11 has been fdled out and signed, CITY OF KENAI - DOCK RATE SCHEDU Linda L. Snow, City M~r~ager April 28, 2005 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to the total invoice (3% City and 2% Borough). . RATE SCHEDULE SUMMARY Product wharfage (w/crane; w/o forklift) ! Non-product wharfage (ice, nets, staples, etc.) $ 0.07lib 0 '04lib. ! i I Purchases Purchases Purchases I Under 500 500 gal. 2000 9al. ! t, i Gailon.s or more or m...o.re 2. Fuel I Gasoline Regular 2.306 2.256 ~ State Marine Tax .050 .050 ' i Federal Tax .184 .184 t Total S/gal 2.54 2.49 1 I Diesel #2 2.52 2.47 2.42 i t State Marine Tax ..05 .05 .05 i i TotaI S/gal. 2.57 2.52 2.47 1 *NO TE: discounts for volume purchases are for one vessel at a time. 3. i USed Oil Dumping $1.00/gal 4 Boat Launch Ramp 0-10 min. - $15.00 Includes Parking with Trailer Each min. over 10 min. - $1.00/min. Seasonal pass per boat = $150/season 5. Parking Only (If with trailer, must pay launch fee) $10.00/day Seasonal Pass for Parking $100.00/Season 6. I Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $150/season B. Boats tied to buoy in river $10.00/da¥ 7. Forklift w/Operator (1/2-hr. minimum) $50.00/hr. 8. City Labor Charges for call out (2-hr. min.) $40.00/hr. 19. I Other Items See Dock Manager Prior to Use t i C E. N T E ~ App. Start Date: [ 03125/2005! DNR Date In: Proj Name: rFLOAqqNG FACITITIESIFLOATING DOCKS Applicant: tBLAIR, MICHAEL Contact Name: Stream No: Review Type: Comments: Project Tracking Sheet ~,~ ~~'~ Project Start: [ i Project Completed' m ,618 subregn' ~ ........................................................ Tax Credit: ~ Parcel No: Riv. Mile ~,??? .............................................. [ 1~o APMA#: COE COE Pmt Expires COE JD Expires: iFLOAT1NG DOCK (DEMINSIONS WILL REMAIN THE SAME). XREF KRC 2179 & 2277 Al' cc:i COE-KFO: ~ COE: [~ Cost Share: r'-] TAX: [~ CZM: ~ OPMP'[-~ USFWS: ~-J KNWR: [-'] COK: ~ COS: Al Req Date: i .................... I Al Rec Date: [ .................... 1 # Days Review Susp { ........... ] MINING LIST: ADF&G/SF: ID # Comments Due Revised Due Date Corem Sent Date Final Deter Rec'd OPMP [ .................................. J 1 ....................... ] [ { ..................... i ~ ........................................ Revr Pmt/Reflf Resp Due Revised Due Inspect Recm Recm Dat Auth Final Action i Date =. TaxCrl [--' ' ................................ ~ o~~oo~1. , 1~ ......... ] ........... __J o.,,., OHMP Am,nd' ACMP: _ IPR) Individual Project Review (consistency review) ._ IPRA) No Consistency Review, amends permit issued under IP _. CC) Categorically Consistent _. GC) General Concurrence _. NA) Not Applicable (none of the above) Activity Type [ ........... __BS) Bank Stabilization/River Training .._BR) Bed/Bank Restoration _..BI) Bridge Install/MainURemovai __BL) Boat Launch _.Cl) Culvert Install/MaintJRemovai Expiry t ._FM) Fisheries Management __HA) Hazing _LU) Land Use .._ME) Material Extraction _.OF) Ouffall Structure _.DF) Dock/Floating _..DG) Dredging ._DI) Dam/Impoundment .._DP) Dock/Pile __DR) Debris Removal __DY) DlversionJRealigment __ES) Explosives/Seismic __FE) FislVWildlife Management _OS) Oil Spill Training/Response _OT) Other _PC) Placer/Commercial _..PR) Placer/Recreational ._UL) Utility Line __VF) Vehicle/Equip Ford __WB) Walkway/Boardwalk/Stairs __WE) Walkway/ELP/Stairs _VWV) Water withdrawl/IntakeStructure 1' Recm- Comments Only 1' Final Action RA) Rec Approval _. D) Denied RD) Rec Denial ._ I) Issued _._ GC) General Comments __ NR) Not Req'd , NR) Not Reviewed __ WD) Withdrawn by applicant ___ WD) Withdrawn/closed __ O) Other Authorities (Auth) OHMP _. 840) Fish Passage ._ 870) Anad. Water ._ 890) Emergency FP ..._040) KPB - HP __ 070) Allowable _ 080) C.U.P. _ 090) Prior Existing _.. 040) Tax Credit Document Name: A PUBSCT002418MAR2 505 0503 1 2005 Public Information Parcel - Primary Owner- BLAIR MICHAEL I & JUDY K TRUSTEE OF MICHAEL & JUDY BLAIR FAMILY TRUST ANCHORAGE, AK 99504-3301 General Information Tax Code Area 3 0 KENAI Last Inspected: 08/01 BASEMAP: KR06 Transferred 04/02 WARRANTY DEED Bk/Pg 0642/0462 Doc No Appr/Book 049 Structures 1 Bit Area 1 SINGLE-FAMILY RESIDENTIAL 1995 BASE DECK WOOD PORCH OPEN WOOD WITH PORCH OPEN WOOD WITH TakeMeAwa¥ 04939009 9 Legal Description 1445 ANGLER DR T05N RllW Sil KN0760150 ANGLERS ACRES SUB PART ONE LOT 25 Acres Sq. Feet 1,!20 256 136 12 ..... Certi=ied~ Appraisal Values Roll Year Land Improvement Spec Feat MAIN 2004 91,500 124,800 7,100 MAIN 2003 74,700 124,800 7,100 NL~IN 2002 74,700 124,800 7,100 MAIN 2001 57,000 92,200 Parcel has no notes. 04939009 2001 1.17 Appraisal Taxable 223,400 223,400 206,600 206,600 206,600 206,600 149,200 149,200 Date: 3/26/2005 Time: 03:33-38 PM CD 0 )-.1 d )o i .11o 0 '0 March 24, 2005 6361 Citadel Lane Anchorage, AK 99504-3301 Suzanne E. Fisler Permit Coordinator Kenai River Center 514 Funny River Road Soidotna, AK 99669 Re,' Replacement of Floating Dock, KRC Tracking #2277, ADNR/DPOR Permit 96-KA-0583, AKDF&G Permit FG96KR2158 Dear Ms. Fislen The referenced floating dock permit is for Lot 25, Angler Acres Subdivision, KPB Parcel No. 049-390-09, Kenai, Alaska. The existing dock system consisted of a two-piece segmented 6X10 floating ramp and a 6X10 floating dock. It was made of wooden sides and plywood top and bottom decking and held together by marine glue, galvanized screws and bolts. Almost all of the screws and some of the bolts have corroded way; the top and bottom plywood decking has become rotten; and the glue has lost its adhesive ability a long time ago. In short, the system is worn out and needs replacing. We ask that the existing permits be amended to reflect the new aluminum ramp and floating dock we are having fabricated by Nick's Iron Works on Ames Road, Kenai. Drawings of the new dock system are attached. I appreciate your attention to this request and am blairpairm@acs ,alaska. net should you have any questions. available at 907-338-6380 or RECEIVED HAR 2 5 20O5 ~RI'~ERCEI~'ER ~o u.z 0< w W X 0 < LLI Z z~ r:oco0 1.1.1.-1 ,i r~ uJ Z Z W <( Z 0 zOI. u 0 uJ~ X <0 0 ~0 rD'- 0 ~m Z Z LLI LLI !--0~z I---- · !-- 0 WZ_~ 0.-- <0 w~O ~0~ J 0 w 0 Z Z 0~ _JO ,, STATE OF ALASKA '~ DEPA,. ?MENT OF NATURAL RESOURCE.,. DIVISION OF PARKS AND OUTDOOR RECREATION PARK USE PERMIT PARK UNIT: Kenai River Special Management Area PERMITTEE NAME: MICHAEL & JUDY BLAIR COMPANY NAME: ADDRESS: 6361 CITADEL LANE CITY: ANCHORAGE STATE: AK PERMIT #: 96-KA-583-A ZIP CODE: 99504-3301 LOCATION OF AUTHORIZED ACTIVITY: including KPB PARCEL # KPB PARCEL # 049-390-09 ANGLERS ACRES SUB., PART 1, LOT 25 KRC # 2179 · KENA! RIVER MILE: 10, RB DESCRIPTION OF AUTHORIZED ACTIVITY: INSTALLATION OF A 6'x 10' FLOATING DOCK. IN ADDITION, INSTALLATION OF 'IWO 6'x 10' FLOATING RAMP OVER THE TIDAL FI~T. · EFFECTIVE DATES OF PERMITS: 5109/97 to 12/31/97 ISSUE DATE: 5/09/97 The permittee agrees to abide by the terms and conditions of this permit, including any attached stipulations, and will confine his/her activities to those described herein. Permit required .8.0 0 ..... - Date lssui] Title Date DEPARTmeNT OF FISH AND GAME HABITAT AND RESTORATION DIVISION "~ ! TONY KNOWLE$, GOVERNOR enai River Center 36130 Kenai Spur Highway Soldotna, Alaska 99669 PHONE: (907) 260-4882 FAX: (907) 260-5992 FISH HABITAT PERMIT FG 96-KR-2158A Amendment I ISSUED: May 12, 1997 EXPIRES' December 31, 1997 Mr. and Mrs. Michael I. And Judy K. Blair 6361 Citadel Lane Anchorage, AK 99504 Dear Mr. and Mrs. Blair: RE: Seasonal Floating Dock Installation Kenai River- Stream No. 244-30-10010 Section 11, T.05n., R.11W., S.M. Lot 25, Anglers Acres Subdivision Kenai Peninsula Borough Parcel No. 049-390-09 ADNPJDPOR Permit No. 96-KA-0583A Kenai River Center Tracking No. 2277 Pursuant to AS 16.05.870(b), the Alaska Department of Fish and Game (ADF&G) has reviewed your request to modi~ your current ADF&G permit to allow for the installation of two 6-foot by 10-foot floating ramps rather than two 4-foot by 10-foot ramps. All other aspects of the floating dock and access ramps will remain as originally permitted. Kenai River has been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS 10.05.870(a). Chinook, coho, sockeye, pink and chum salmon and rainbow and Dolly Varden char use this portion of the waterbody. In accordance with AS 16.05.870(d), Fish Habitat Permit FG 96-KR-2158 is hereby amended to allow for the installation of the 6-foot wide by 10-foot long floating access ramps. All other original stipulations contained in FG 96-KR-2158 (Attached) remain in effect. The permittee is responsible for the actions of contractors, agents, or Other persons who perform work to accomplish the approved plan. For any activity that significantly deviates from the approved plan, the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment before beginning the activity. Any action taken by the permittee, or an agent of the permittee, that increases the project's overall scope or that negates, alters, or minimizes the intent or effectiveness of any stipulation contained in this permit will be deemed a significant deviation from the approved plan. The final determination as to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G. Therefore, it is recommended that the 11.K1071.J,I ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.05.870. This permit must be retained on site during construction. Please be advised that this approval does not relieve you of the responsibility for securing other permits, state, federal, or local. 'Pursuant to 6 AAC 80.010 (b), the conditions of this permit amendment are consistent with the Standards of the Alaska Coastal Management Program and the Kenai Peninsula Borough's Coastal District Program In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. The recipient of this permit amendment (the permittee) shall indemnify, save harmless, and defend the department, its agents, and its employees from any and all claims, actions or liabilities for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is the department's negligence. This permit decision may be appealed in accordance with the provisions of AS 44.62.330- -44.62.630. Sincerely, Robert G. Bosworth, Deputy Commissioner By: Gary S. Liep~tz~'' Habitat Biologist Habitat and Restoration Division (907) 2604882 cc; D. McKay, ADF&G/H&R (Anad. Waters File) D. Nelson, ADF&G/SF R. Davis, ADF&F/CF L. Landstrom, DNPJDPOR M. Spahn, KPB/CZM K. Bryant, KPB L. Buchholz, DEC G. Akers, COE J. Cockrell, FWP S. Baldwin, City of Soldotna S. Fisler, ADNR/DPOR .3' ,,~o .=::~ z~,~ to.. CITY OF KENAI RESOLUTION NO. 2005-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A LEASE FOR ONE FISH SEASON (MAY 15, 2005 TO SEPTEMBER 30, 2005) OF KENAI DOCK STATIONS NO. 2 & 3 TO COPPER RIVER SEAFOODS FOR THE SEASONAL BASE BID OF $38,501 PLUS $0.03/LB. OVER 1,283,367 LBS PLUS $500 PER MONTH FOR A SPECIAL USE PERMIT FOR THE BOAT STORAGE AREA. WHEREAS, the City of Kenai received the following two bids for the lease of Dock Stations No. 2 ga 3 on April 27, 2005: Bidder R & d Seafood LLC Copper River Seafoods Stations 2 & 3 Yearly Base Bid I $31 500 Boat Storage Area Per Month $400 $38,501 $500 the minimum bid xva~or the Dock Stations and WHEREAS, $400/month for the Boat Storage Area; and, WHEREAS, Copper River Seafoods has submitted a proposal to lease the dock stations for $38,501 plus $500 per month for the boat storage area; and, WHEREAS, the lease includes the dock areas, parking/storage areas, offices, and two cranes; and, . WHEREAS, the recommendation of the City Administration is to award the lease of Dock Stations No. 2 & 3 and the Boat Storage Area to Copper River Seafoods; and, WHEREAS, the Council of the City of Kenai has determined that awarding the 2005 Lease of Dock Stations No. 2 and 3 and the Boat Storage Area to Copper River Seafoods is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE.COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award a Lease for One Fish Season (May 15, 2005 to September 30, 2005) of Dock Stations No. 2 & 3 to Copper River Seafoods for the seasonal base bid of $38,501 plus $0.03/lb. over 1,283,367 lbs. plus $500 per month for a Special Use Permit for the Boat Storage Area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May 2005. ATTEST: Carol L. Freas, City Clerk Approved by Finance' PAT PORTER, MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2005-14 A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTUCT AN EXPANSION TO A PUBLIC 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 May 5, 2005 as provided in Section 21.20.010; and WHEREAS, public testimony was received at the May 9, 2005 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 21.1 8.080: The construction of two new 226-feet long by 16-foot wide concrete boat launch ramps separated by 8-foot wide wood-framed dock floats and the placement on the uplands 1600 square feet of concrete open cell block pavers on the existing gravel parking lot 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: The project location is adjacent and upstream of the City of Kenai's existing boat ramp in the lower, river along the right bank of the Kenai River at River Mile 1.8 adjacent to Tract A, City of Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel I.D.' 049-450-02). The City of Kenai's purpose is to better accommodate the demand for boat launch activity and associated services during the dip net fishing season. The proposed work will take place out of the water during extreme low tides. All dredged material will be deposited in an upland approved site. 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 Kenai Peninsula Borough Planning Commission Resolution 2005-14 Page 1 of 5 standards. Existing vegetation is very limited in the 50-foot habitat protection area due to silt deposition, ice scour, tidal activity and the existing, gravel parking area. 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 waterbody must be stabilized to prevent erosion and sedimentation which may occur during or a~er construction. Bank stabilization measuros shall be designed and constructed to protect habitat values by including irregular bank contours and/nsufing that nearshore water velocities d~ not ~ncrease." 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 retaT~ ~x'~ing vegetative cover in erosion-prone areas to the greatest extent feasible and prudent, in cases where development or other act/vities lead to removal of vegetation, erosion shall be prevented or, if/t occurs, shall be remedied through revegetation or by other appropriate measures." 4) Timing of the project activities shall be designed, sited and constructed during Iow tides, which will not impede or interfere with timely access and movement of fish. 5) Finding: Enforcement Policy 12.3 Fish Passaq9 of the Alaska Coastal Management Plan states' "Timing of Project activities and structures should be designed, s/ted, constructed and operated in a manner which does not impede or interfere with the timely access and movement of fish. Fish passage problems, including velocity barriers should be considered by hab/tat protect/on agencies, corrected, and otherwise remedied." The dredged material will be disposed of at an appropriate upland location. Kenai Peninsula Borough Planning Commission Resolution 2005-14 Page 2 of 5 6) 7) 8) 9) Finding: Enforcement Policy 2.4 a, b, c, d, e Dred_qing and Fillinq 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 pattems in the area of the project." 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). No fuel storage as defined by KPB 21.18.050 is allowed. Once effective, this Conditional Use Permit is valid for as long 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 consistent with KPB 21.18.020. The recipient of this permit, City of Kenai, 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 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 to the permittee of a revocation hearing before the Planning Commission. Kenai Peninsula Borough Planning Commission Resolution 2005-14 Page 3 of 5 The permittee, City of Kenai, 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, City of Kenai, 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. Finding7: This condition is to ensure continued compliance with KPB 21.18.060 and KPB 21.18.070. Section 3. The Kenai Peninsula Borough Planning Commission authorizes the issuance of a Conditional Use Permit for the expansion of a public boat ramp that measures 42-feet wide by 226-foot long and the placement of 1600 square feet of concrete open cell block pavers on the existing gravel parking lot on Tract A, City of Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel I.D.' 049-450-02) subject to compliance with the above conditions. ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF 2005. Linda L. Snow, City Manager Permittee Date Notary's Acknowledqment Subscribed and sworn before me this Day of 2005. Notary Public for Alaska My Commission Expires THIS CONDITIONAL USE PERMIT IS EFFECTIVE ON THIS OF ,2005. DAY Kenai Peninsula Borough Planning Commission Resolution 2005-14 Page 4 of 5 Philip Bryson, Chairperson Planning Commission ATTEST: 'Patricia Hadley Administrative Assistant Kenai Peninsula Borough Planning Commission Resolution 2005-14 Page 5 of 5 AGENDA ITEM G. KENAI RIVER HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 for the placement of two new 226-feet long by 16-foot wide concrete boat launch ramps separated by 8-foot wide wood-framed dock floats. The proposed new ramps will be placed adjacent and upstream of the City of Kenai's existing boat ramp. The project location is in the lower river along the right bank of the Kenai River at River Mile 1.8 adjacent to Tract A, City of Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel I.D.' 049-450-02). KPB PC Resolution 2005-14. STAFF REPORT PC MEETING' May 9, 2005 Applicant: Bill Nelson, Nelson Engineering, 155 Bidarka St., Kenai, AK 99611 Property Owner: City of Kenai, 210 Fidalgo Ave, Suite 200, Kenai, AK 99611 Project Location' Section 9, T. 5 N., R. 11 W., Seward Meridian Kenai City Boat Ramp Kenai River Mile 1.8, right bank Proposed Action' The two new proposed boat ramp lanes will require minor re-sloping of the existing bank, then a geotextile separation fabric will be installed with a 12-inch gravel fill, a 4-inch by 12-inch timber sill and the 16-foot x 23-inch x 8-inch concrete planks. 8-inches of 1 to 3-inch river rock will be placed on the upriver side of the ramp for erosion protection. At the top of the ramp, the proposal is to pave with asphalt approximately 14,600 square feet of the existing gravel parking lot area and to install 1600 square feet of concrete open cell block pavers on the existing gravel parking lot within the 50-foot Habitat Protection Area. These pavers allow open areas, or pervious area for water infiltration. Backqround Information _ The project location is adjacent to the existing two lane boat ramp the city currently manages. During the July dip-net fishing period the current two lane boat ramp is so congested a two hour or more wait is common for launching and removal of private boats. The applicant's purpose is to better accommodate the demand for such boat launch activity and associated services. Site Visit' On April 27, 2005 John Mohorcich, KPB/KRC visited the project site and took pictures that are provided in the packet. Application Completeness and compliance' Since this activity occurs both, above and below the ordinary high water line of the Kenai ~iver the project will require permits from KPB Habitat Protection, DNR Habitat and the Army Corps of Engineers with review by EPA and the KPB Coastal Management Program. The Kenai River Center foUnd the application complete and scheduled a public hearing for May 9, 2005 (KPB 21.1 8.080). Public Comment: Public notice was mailed to property owners within a radius of 300 feet (KPB 21.20.050) on April 14, 2005. A total of three, (3) mailings were sent. Published Public Notice: Public notice was published in the Peninsula Clarion, Seward Phoenix Log, and Homer News on May 5, 2005 (KPB 21.20.010). Kenai River Center Multi-Agency Review and Comments' Agency review was distributed on April 8, 2005. The Army Corps of Engineers plans to issue a Pre-Construction Notification prior to May 1, 2005. No other agency comments had been received prior to the writing of this staff report. Staff Analysis: Following is an analysis to determine if the conditions of KPB 21.18 are met. .KPB 2! 18.010 Purpose. This code establishes measures for the protection of Kenai River salmon spawning and rearing habitat while recognizing private property rights. STAFF COMMENT' The intent of this section is the recognition of the sensitivity of the river and restricts those activities that may damage the river habitat. K.P..B 2!.!8..040 Habitat protection area established. This section of the code establishes the Kenai River protection area. "Except as otherwise provided in this section, this area includes all lands within 50 horizontal feet of the Kenai River. This shall be measured from the ordinary high water mark or mean high water line in tidal areas. Where the banks within the fifty-foot area consist of a 60 degree or more cut bank the habitat protection area shaft consist of the greater of 50 feet from the fiver or to a point 25 feet back from the top of the cut bank." STAFF COMMENT: The upper 50-feet of the proposed ramp is within this defined area, and a portion of the parking area. KPB 21.18.070 Activities not requiring a permit. STAFF COMMENT' This project is not specifically allowed under KPB 21.18.070. "Within the habitat protection area established by Section 21.18.040 of this chapter, no bu#ding, construction, tilting, excavation, mojor cleating of vegetation, commercial recreation 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 aflowed under KPB 21.18.070, or when a conditional use permit has been issued pursuant to KPB 21.18.072..." KPB 21.18.080 Conditional use permit. Pursuant to 21.18.080 the activities requiring a conditional use permit are' 1. The excavation, filling and construction of a public boat launch. 2. The placement of open cell pavers as improvements to the existing gravel parking area. STAFF COMMENT' An applicant may apply for a conditional use permit to allow activities, which are prohibited, within the habitat protection area. The proposed project provides for a public boat launch in the lower river with adjacent services such as parking and restrooms. The boat ramp project area measures 42-feet wide by 50-foot long and the concrete open cell block pavers will cover 1600 square feet on the existing gravel parking lot all within the 50-foot Habitat Protection Area. · STAFF RECOMMENDATION' That the Planning Commission find that the activities resultant from the granting of this conditional use permit by adoption of Resolution 2005-14 will not result in significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution. That the Planning Commission finds that all work is proposed to take place out of the water during extreme Iow tides. 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. Existing vegetation is very limited in the 50-foot habitat protection area due to silt deposition, ice scour, tidal activity and the existing gravel parking area. END OF STAFF REPORT. . , , This decision and all information related to this decision are public record and available for public review. Resolution 2005-14, minutes and staff report relating to this conditional use permit shall be provided to all padies of record. Pursuant to KPB 21.18.130, this decision may be appealed in accordance with the appellate procedures established in KPB Code 21.20. Note' An appeal of a decision of the Planning Commission may be filed to the assembly sitting as a board of adjustment, in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances, Chapter 21.20.250. An appeal must be filed with the borough clerk within 15 days of date of the notice of the decision; using the proper forms; and, be accompanied by the $300 filing and records preparation fee.