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HomeMy WebLinkAbout1999-12-16 KRSMA Board Minutes-~ I(I~IAI RIVE Special Management Area --- ~ "Working together._for the river" GQDM~~OG3~7 ~ OQG3D *'"*TEN'l.9TIVE AGENDA ONd Y*** *** Meeting Agenda*** Wn~., r i ,. __ . Thursday, December 16, 1999 7:00 p.m. ;;..,~ City of Soldotna r ~rm<< City Council Chambers """ I. CALL TO ORDER A. Roll Call B. Approval of 11/18/99 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Proposed Gulf Ecosystem Monitoring Plan, Moliy MacCammon, EVOS Trustees B. Kenai River Water Quality Monitoring Framework Plan, Kenai River Center Education Plan Updates by Michelle Brown, The Nature Conservancy C. Kenai River Research Summary -Tim McKinley, ADF&G, Sportfish Div. D. Ken Lancaster -Soldotna Urban Project Discussion IV. OLD BUSINESS A. Boat Wake Study Update, Lance Trasky B. Commercal Operator`s Committee Update, Jeff Icing C. Permit Committee Update D. Recreation ImpacC Committee Update, Chris Degernes V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments Date/Agenda of Next Meeting "~**Tentative agenda only. Please contact Chris Degernes or Ted Wellman to suggest changes or additions to this agenda before 4 pm on Dec. 15, 1999. e Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5587 ~ Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 C Alaska Olvision of Parks and Outtloor Recreation, Department of Natural Resources, In cooperation with the Kanai Peninsula Borough. ~' ~ KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, November 18, 1999 City of Soldotna Council Chambers L CALL TO ORDER A. Roll Call: Chairman Ted Wellman called the meeting to order at 7:04 p.m. Members Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mullen, Brannon Ames, Rick Ross, Ken Lancaster, Ann Whitmore-Painter, Robin West, Deric Mareorelle, Chris Degernes Members Absent: Jim Golden, Tim Navarre, Bill Shuster, Lance Trasky Public Present: B. Approval of 10/21/99 Minutes: Kelly Wolfe, Brett Huber, and others The minutes were approved as written. C. Agenda Chances and Approval: The agenda was approved as submitted. IL PUBLIC COMMENT s None III. NEW BUSINESS A. Jim Stratton. Director, DPOR: Director Stratton gave an update on the Division of Parks budget. It appears there will be a $50,000 increment increase request from Governor Knowles within the FY 'O1 operating budget. The Kenai Area will get $15,000. He reported that Commissioner Shively has been working to increase the funding for the capital budget for deferred maintenance, which will allow for rehabilitation of older facilities. He also stated that this is the first year since 1995 that Congress has authorized funding for states Co receive LWCF monies, with Alaska scheduled to receive approximately $350,000. Congress has also made progress toward approving the Conservation and Reinvestment Act (CARA), which will appropriate royalities from off shore oil and gas leasing in federal lease areas. This program will generate millions annually for Alaska should it pass. Regarding the state legislature, he expressed hope that the State L,egislatare will pass the Alaska Boating Safety Act. Director Stratton commented that Senator Torgerson needs some concerns addressed in order to obtain his support for the Kenai River lands additions. He stated he will be working with the Senator over the next few months. Director Stratton announced that new board appointments will now be made out of the Commissioner's office which should speed the process up. He felt confident that appointments would be made soon. B. River Terrace Contamination -Don Fritz, DEC, and Rob Campbell, DOT&PF Dan Fritz, reported the State took over the River Terrace site in Tune and assumed the investigation, assessment and cleanup roles. He discussed DEC's investigation and pointed out where they put test wells. He distributed a map depicting where the wells were placed and areas where the contaminant was found. It appears that the ground water is flowing in two directions, both toward as well as away from the river. More wells have been placed to further investigate. He srared rhe. Peas hility study should be completed in February. After that, the best mitigation process will be selected and implemented next summer. He further stated there were funds to cover the cost but noted that they were cost- recoverablefunds and that DEC is required by law to recover those funds. He discussed the types of remediation measures that may be utilized after the feasibility stLidy is completed. He stated the best way to clean up the groundwater is noC Co treat the groundwater itself but to find and treat the source soils causing Che contamination. DEC will be coordinating with EPA to clean and dispose of the two stockpiles currently on site. He confirmed there was a "hot spot" by the building, however, to date has been unable to obtain permission to be allowed to perform borings inside the building. Now they are trying to do some angle borings. He discussed where future test wells may possibly be placed. He discussed the sampling of the City's storm water sewer system that discovered some contamination. Chairman Wellman asked if the cleanup process could be sped up if political pressure were applied. 1VIr. Fritz stated thaC in the past, resisiance was met from the responsible party involved, however, because now that the State has assumed the cleanup role, the process will move faster. He also stated he believed the State would do a faster job than EPA. He discussed Kenai River sediment samples taken in 1997 and 1999. Additional sediment studies are also planned. Samples were taken upstream and downstream from the site. He discussed the compound found in the groundwater samples. He noted that no compound was found downstream because it quickly breaks down andrs volatilized into the atmosphere once it hits the turbulence of the river. He did not believe there would be any impacts to the bridge and abutments, but deferred any further questioning to DOT. He believed there are areas at the site that can be cleaned up at a reasonable cost. Chairman Wellman desired to be kept abreast on the contamination matter. Lancaster stated that_he and Commissioner Perltins will be meeting with DEC and EPA on December 1. He will give a report of that meeting at the December meeting. Rob Campbell, DOT, spoke on the Soldotna Urban Project. The construction of the widening of the Soldotna Bridge is scheduled to start Spring 2001. They would like to confine the bridgework to one season. Cofferdams will be placed around the piers, the piers will be widened from the bottom up and then the bridge will be widened. The work on the abutments will be minimal, only going down about five or six feet. DQT is working with DEC so their work won't impact their plan. The new storm drain and outfalls will run away from that location and will not be carrying water directly into Che river. This also will allow the system to tie in with the City of Soldotna's system. Some portions of the existing storm drain will be abandoned and other portions will be removed. The current storm drain is about 12 feet deep at the bridge, which is where the contamination has been found. The future system will be placed abouC four feet deep and will avoid digging in the contaminated area. There was discussion regarding development on top of contaminated layers. The DEC Feasibility plan will be developed in advance of the construction, and construction is dependent upon what remediation plan is selected for the area. Mr. Fritz stated they were unaware of any contaminated soils off site at this time. It was questioned whether the cofferdams were going to remain in place or be taken out. It has been suggested to put the cofferdams in the shape of the footings; and then when construction is done, cut them off at pier level so they won't have to be removed. Chairman Wellman thanked Messrs. Campbell and Fritz for their attendance and updates. C. Russian River Ferry Crossine, Site hnprovement Proposal -Robin West West reported that Russian River continues to be the single most popular fishing point in Alaska. They are trying to accommodate that interest with improvements without expanding Che footprint. He stated designs for trail, walkway, and parking lot work near the campsite are being developed, however, there is no current funding to do any work. This next season the ferry dock will be repaired and approximately 50 to 100 feet of riverbank will be restored. There will also be another bank stabilization project. in the Sanctuary area. IV. OLD BUSINESS Boat Wake Studv II~date: Degernes reported that Ted, Lance and she met with Bob Sanders, USCOE Hydrologist, and Doug Vincent-Lang of ADF&G, and ironed out the concems raised at the last Board meeting. She was encouraged that Bob Sanders appeared interested in working on the study. She noted that Trasky was considering the idea of assigning Dean Hughes to monitor the project. She reported that Sanders wanted to get a graduate student to do the interpretation and summary of the data. The lake on which the tests will be conducted has been changed to 7ohnson Lake, which will have less background noise (ie: motor use) and more control of access. She now felt confidant thaC the study is headed toward the right direction. Wellman felt the Board will have to watch the study closely in order that concerns are not lost in the process. Marcorelle asked if there were any studies done when the 35hp restriction was implemented. King stated that there was no scientific evidence for the restriction but it passed on the merits of social interaction on the river. Degernes stated the State prevailed in a lawsuit because of the safety factor. .KRSMA Lands Addition Committee Report: Chris Degernes Degernes stated she tried to schedule a meetingin Moose Pass with Senator Torgersen; but due to scheduling difficulties, she was unable to secure a date. Senator Torgersen would like a meeting with $oard members before the public meeting so he c an have a better understanding of the Board's desires. Degernes reported Chat research has started on the user fee concept. A search is being conducted to determine who is charging river use fees, how they are collected, etc. Bill Berkhahn is doing mosC of the research on this matter. Degernes stated she would like to starC working on the recreation user study. She stated Doug Whitaker has volunteered to help. King, Ames and Brett Huber were assigned to a committee to work on this issue. V. PUBLIC COMMENT Brett Huber stated he was glad to see the Board getting more involved in the monitoring of the DEC remediation project. He also stated he hoped the boat wake study will also consider power thrust, hull load, and single boat wake versus multiple boat wakes. OADJOURNMENT A. Board Comments Ross stated he reviewed the City of Kenai's written comments on the KRCMP plan. Money has been appropriated Co address issues in the KRSMA plan in the City's comprehensive plan during its revision. Planning for the City's revision has begun and issues will be brought up for public discussion at the appropriate time, which will probably be during the winter of 2000-2001. Painter-Whitmore suggested using an Alaska resident grad student for the boat wake study as she felt they would have more of a vested interest in the outcome. Degernes felt the meeting with the City of Kenai was a positive direction. She stated the Board is willing to work with the Council to help answer questions. West thanked Director SCratton for coming down from Anchorage and attending the meeting. Lancaster also thanked all of the speakers for attending the meeting. Marcorelle stated he will provide the DEC updates on the River Terrace situation and suggested inviting Mr. Fritz back in March. B. Date/Agenda of Next Meeting: The next meeting will be December 16, 1999. Michelle Brown will supply an update on Che Water Quality Monitoring Framework and the Kenai River Center Education Plan. Also, Molly McCannon from the Exxon Valdez Trustees will speak on the North Gulf Coast Oil Spill Recovery Ptan. It was requested to have the January 2000, meeting on January 13 rather than January 20. The Board had no problems with changing the January meeting date. Having no Further business, Chairman Wellman adjourned the meeting at 9:00 p.m. Respectfully submitted, Earlene Reed; Recording Secretary For the Division of Parks & Outdoor Recreation E1~1 1 1~/ $peceal Management Area "Working together...tor the river" QDb~~COG3~ ~ OO GQG°~D I. CALL TO ORDER **Tentative Agenda Only** *** Meeting Agenda*** Thursday, November 18, 1999 7:00 p.m. City of Soldotna City Council Chambers A. Roll Call B. Approval of 10121!99 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Jim Stratton, Director, DPOR B. River Terrace Contamination DOT&PF C. Russian River Ferri Crossing USFWS , r'^ ~~ Update by Don Fritz, DBC, and Rob Campbell, Cite rmpr,vipement Prpr~Qc:il Rnhin WPSt, IV. OLD BUSINESS A. Bcat Wake Study Update, Lance Trasky B. KRSMA Lands Addition Committee Report, Chris Degernes V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting ***Note: Tentative agenda only. Please contact Ted Wellman or Chas Degernes before 4 pm on November l7 with any agenda changes or additions. ~ Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 2624441 ~~ i 0 Alaska Division of Parks antl Outdoor Recreatlon, Department of Natural Resources, in cooperation with the Kenai Paninsula Borough. ~~`_ KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD MINUTES ».. Thursday, October 21, 1999 City of Soldotna -City Council Chambers ~ yj9 a ,t,x ~. ~ t .,:t~~.s: I. CALL TO ORDER . A. Roll Call: Chairman Wellman called the meeting to order at 7:03 p.m. Members Present: Jeff King, Ted Wellman, Peggy Mullen, Brannon Ames, Tim Golden, Tim Navarre, Mark Chase, Bill Shuster, Lance Trasky, Deric Marcorelle, Chris Degemes, Ann Whitmore-Painter, Ken Lancaster, Rick Ross Members Absent: Jim. H. Richardson, Vince O'Reilly B. Approval of Minutes -September 23.1999: Annroved as submitted. C. Agenda Changes/Approval: Trasky asked that the Boat Wake Study discussion be moved up in order to allow Doug Vincent-Lane to catch an earlier flight back to Anchorage. Chairman Wellman moved it to Item A under New Business. "The agenda was then approved as amended. II. PUBLIC COMMENT -None III. NEW BUSINESS A. Boat Wake Study Update - Douce Vincent-Lang, ADF&G Doua Vincent-Lane stated he has been assigned to coordinate the expenditure for the boat wake study and has met with the Bob Sanders of the Corps of Engineers to discuss the study. He spoke regarding matching the 60k in ADF&G funds with in-kind services such as Kenai River Special Management October 21, 1999 Area Advisory Board Page I providing boats and operators, miscellaneous labor, and statistical help. The COE requires a 50-50 match for funding. He noted that F&G will only agree to the study if an operational plan is first developed. He stated the study will measure the wave height as it hits the shore and will look at variables such as hull shape, jet vs. prop engines, and displacement in the boat (numbers of passengers). Stormy Lake in North Kenaihasbeen chosen as the lake test site. A lake was chosen for control purposes so thaC variables found in a river won't affect the data. Ames had misgivings about not having any of the tests performed in the Kenai River. Trasky believed that originally they were going Co do a subset of tests in the river and then correlate the data. Trasky stressed the need to do some in-liver Cests. Degemes questioned if different horsepower engines were going to be tested. Mr. Vincent- Lang stated that speed is what they will need to measure and not necessarily horsepower. Degemes stated that if different horsepower engines are not Tested, the study would be hard to sell to Che public. Trasky suggested meeting again with the Corps to actually pin down which horsepower engines will be tested. Chairman Wellman voiced frustration because they have been hashing these items out for 1'/z years and he had thoughC this issue was already settled. In working previously with the Corps, Chere was great difficulty in getting an operational plan. Now it sounds like they are doing it all over again and redefining the perimeters of the test. He stated what the Board wants is a finished document that will be useful and is scientifically correct, however, it also needs to be believable to the public. He believed that if a portion of Che study was not done in the river and not performed with different horsepower engines, then the public will not believe iC and the $60,000 is wasted. He believed the study would not be able to withstand a legal challenge if at least some of the tests were not performed in the river. There was discussion regarding how a wave reacts in a still water IaUe versus moving rFiater in a river and testing speed versus horsepower. Different shapes of hulls and displacement variables were also discussed. Chairman Wellman desired to 'form asub-committee to meet with the Cotps again Co discuss the components of the operational plan. Asub-committee consisCing of King, Degemes, Trasky, and Wellman was formed. Degemes also wanted to discuss in-kind services and the timing of the tests with the Corps. She hoped iC could occur in the spring as it would be easier Co find volunteers before the guiding season began. King hoped to actually use Kenai River boats. He agreed if the tests were performed before the season, it would be easier to find volunteers. Trasky suggested contacting boat manufacturers to see if they could donate boats, motors, and operators. The committee will meet before the next board meeting to try to iron out the details for the study objectives and details. Kenai River Special Managemcat OcYOber 2t, 1999 Area Advisory Hoard Page 2 B. Prioritization of Board Effort for 1999-2000 Season: Degernes desired to hear the Board's comments and wanted to narrow down the priorities to four or five key issues to work on this winter. Lancaster suggested changing the lisC completely byputting time frames on it. Ross noted that high on the list was contacting policy makers regarding adopting the KRCMP, however, an education/awareness plan informing the community was very low. He believed informing the community should be out in front because the policy makers usually will not support any plan unless their constituents ask for it. Degernes felt that the greatest long term impact on the river would be generated by having the local governmental bodies change some land use policies. Trasky agreed that education is importanC and felt that it was occumng slowly. Navarre agreed that community education/awareness is important and that the policy-making bodies need to be on board by the adoption of the plan.. Trasky noted that the HGM Wetlands study has been ongoing. They are writing it now and ii should be ready by next summer. Ames wanted to prepare an education awareness plan and target the elected officials. Ross stated that if the boat wake study actually materializes, there should be an effort to widely publicize it to show the public the need for the study and to educate the public on what is being accomplished with Che wake study. Guides volunteering their boats and limo should also be publicly recognized. He believed that positive publicity should be established before the plan is brought before a borough assembly or city council to adopt. Navarre did not think plan adoption by iocai government could wait or it wiii be history and old news. He noted that the first plan was never adopted by the Borough. He stated that while the borough administration might have knowledge of what is in the plan, the elected officials do not and probably have not even looked at the book. He felt work sessions should be scheduled so the board members could answer any question an elected official may have. Degernes inquired if it would be better to work with the Borough or the Cities first. Mullen suggested working with them together. King recommended preparing a summary pertinent for each municipality. Lancaster stated that in speaking with Senator Torgerson, unless the KRSMA land additions that the plan recommended will result in "no net gain" for state park lands, the bill won't be introduced. MuIleh would rather work on the local level. She stated many officials will not take the time to come to a meeting unless they get a personal invitation or card. She agreed that there needs to be public support before officials will do anything. She suggested an Kenai River Special Manaaemene October 21, 1999 Area Advisory board Page 3 educational/informational meeting. Golden pointed out that the educational efforts need to stress all that has been accomplished because of the Board's efforts, such as habitat restoration projects throughout the river - system, the Stream Watch program and many other activities that have occurred fp improve the resource. Chairman Wellman scheduled a work session prior to the next meeting to continue discussion and select four areas that committees could work on this winter. C. Discussion of Board of Fish Proposals Addressing Kenai River Guides: Chairman Wellman referred to the third draft of a letter to be sent to the Board of Fish and recommended the Board consider sending it. A committee refined the letter and generated several drafts to arrive at this version. King informed the Board that he just learned that the Department of Fish & Game is going to recommend to the Board of Fish that districting is not a viable solution. Even so, he agreed that the letter should still be sent. In the paragraph where impacts are listed, Lancaster suggested changing the order and dropping the numbering so it would not mislead someone to think that. they are listed in order of importance. Navarre felt the letter reflects the Board's discussion and thought the committee did a great job. , Vincent-Lang updated the Board and stated the guide survey was just finished. It revealed that if the guides were forced into selecting one area, it would be the lower river, which ..ould canse more crov/ding. He co^fir,;:ed rh:,r A~F~G is nr~r going to recnmmend approval of requiring guides choose districts when the Board of Fish meets later this month. M®TION: Degernes moved that the letter be sent as amended. Whitmore-Painter seconded the motion and it was approved by unanimous consent. D. Kenai River Lands Addition - Strateey Plannin>;: Degernes wanted to further discuss the Kenai River Lands Addition even if the Board briefly discussed it during the strategy session earlier. She stated that an individual is interested in getting a preference right on one of the selected parcels near Alaska Nellie's Lodge. She believed it will be a hot issue for locals. Lancaster did not believe that Senator Torgerson would introduce the bill if it contains a net addition to the state park system's acreage. Mullen stated that if someone else, such as a minority member, introduced the bill, it would not go anywhere. She suggested using the brochure and starting an education plan. She believed this issue could possibly become an Kenai River Special Management October 2l, 1999 Area Advisory Board Page Q election issue next year. Navarre stated now is the time to be moving on this issue. He felt the representatives needed to be re-briefed and a packet needed to be prepared for them stating our concerns for getting the bill introduced. He thought that part of the problem is a lack of communicatian between the Board and the representatives. He suggested inviting them to the next meeting and atiowing them a half-hour to communicate with the Board on the issue. Ross suggested scheduiing speakers before various Chambers of Commerce. Legislators attend those luncheons and will hear how the public is responding to those issues. MOTION: Degernes moved to establish a committee to schedule meetings within the various communities and to report on their progress at the next meeting. Painter-Whitmore seconded. MOTION: Navarre moved for a friendly amendment to the motion to include inviting Senator Torgerson and Representative Phillips to the next meetingo Degernes and Painter-Whitmore concurred. AMENDED MOTION PASSED: Unanimous without objection Trasky thought it was a good idea to invite the Legislators to the next meeting. Navarre thought it would be a way to brief them on issues like preference rights for the Alaska Nellie's area. Chairman Wellman formed a committee Co begin the scheduling of meetings. Members of that committee are: Lancaster, Degernes, Mullen, Ross, and Navarre. E. Discussion -Institution of a User Fee -Committee Formation: Chairman Wellman believed it was now time to start thinking about a user fee and how Chat could be accomplished. He assigned Degernes and J. H. Richardson to be on the committee. Before proceeding any further, Degernes will assign Ranger Berkhahn to do some research to see what other states are doing, if anything. IV. OLD BUSINESS A. $oard Appointments: Degernes reported that Paul Shadura and Brett Huber were submitted for appointment to the Board along with the re-appointments of Jim H. Richardson, Ted Wellman and 7eff King. Vince O'Reilly requested not to be reappointed due to health reasons. Kenai River Special Management Oc[ober 21, 1999 Area Advisory Boazd Page 5 Marty Rutherford from the Commissioner's office will be conducting interviews next week. Degemes noted there was some concern of over-representation if BretC I-tuber from Kenai River Sportfishing Association was appointed with Tim Golden also on the board and a member of KRSA. B. MP 37-45 Sterling Highway ProLct Update and Other Permit Issues- Suzanne Fisler: Fisler noted that the MP 37-45 Sterling Highway Project has shut down for Che winter. A walk-through was performed through the area just upstream of the Chugach Electric substation. Additional culverts will be placed to allow the streams to pass directly down into Dave's Creek. She noted several breaches of the permit stipulations: one was a sheet piling bulkhead installation along Quartz Creek. The sheet pile was to have been placed well behind the existing natural river bank, leaving the creek side vegetation undisturbed. However, the contractor excavated a significant. portion of the bank when he installed the sheet piling, leaving a very thin strip of vegetation along the creek bank. This is not likely to remain once spring water flows rise, so root wads may have Co be placed to provide some habitat cover in front of the sheet piling. The reclamation oP the gravel pit is in its final stages. She will be Ioolting for a final draft next week and will work with DGC through the winter for permit amendments. Fish & Game and State Parks have made notice of what has occurred for future permit applications. DOT was not cited for the improper sheet piling installation because they were not in the water, not a lot of habitat damage occurred on state park property and DOT has agreed to go back and repair it. Shuster pointed out another part of the project that had problems was at Tem Lake due to unforeseen rock problems on Che west side of the highway. The difficulty was in finding stable rock when they were blasting. More and more tmstable rock needed to be removed until they found good stable rock for the road side. The contractor hauled an enormous amount of rock away from this area of the project. Gary I,eipitz, ADF&G, stated that he has been monitoring the project regularly, and what occurred with the sheet piling installation did not affect Quartz Creek waters, but rather affected the buffer zone Co the stream. To DOT's and QAP's credit, he noted where they went the extra mile to protect Che habitat with an incident at Tern Lake. The silt was percolating across and under the roadbed, and they shut down as soon as it was noted and put in an additional silt fence to protect water quality at Tern Lake. Lancaster voiced strong opposition in allowing the pit in the QuartzfDave Creek area in the first place. Fsler stated that ADF&G tested a new location for the Chinook sonar site, and chose the location at Falling in Hole where property was purchased from Pat Carter. They found that it had some factors that made it an unsuitable site. The area was a spawning site, it sustained a lot of boat traffic, and the channel configuration was not good for the equipment. Kenai River Special Manngemenc October 21, 1999 Area Advisory Board Page f) to work. ADF&G will continue to look for an alternative site; a lower river site is preferable. ADF&G has been made aware that EVOS sites will not be suitable for sonar purposes because of the requirement to protect habitat on these lands from damage. Filler stated. she has received a new set of plans for the Russian River parking area at the ferry crossing.. She suggested asking Mark Chase to make a presentation to the Board. at a future meeting. Leipitz advised that DEC wants to do some additional monitoring at the River Terrace Laundromat site because a higher level of contamination at the location has been determined. He noted that this may affect the highway projecC. DEC may run some dye tests to see where the contamination may be entering the Kenai River, and Co determine the levels of contamination in the river, C. Commercial Operations Committee -Jeff King: King reported the committee worked on guide stipulations regarding accident notification and the use of a guide boat after they become unregistered for the season. Tt was recommended to have the orientation program run in a three-year cycle concurrent with the Fishery board cycle. That way just new guides and guides that have sustained citations will he required to take the class on the off years. V. PUBLIC COMMEN'P -None VI. ADJOURNMENT A. Board Comments: Golden stated he was willing to step down if there is a conflict with Brett Huber and he both being on the Board because he felt Brett's contribution to the Board would be very valuable. Ames would like to again address the contamination at the DOT site and the River Terrace site because there are a lot of questions and the sites look terrible. He requested an update at next meeting. He also felt it was improper for ADF&G to locate the sonar site on the Carter property. Lancaster agreed with Ames regarding the River Terrace site. He stated thaC the Soldotna Bridge project was scheduled for next year but now there are major problems with the contamination and. the highway projecC. He suggested adding this topic to the next agenda for discussion. Trasky thanked Filler and Leipitz for their valuable work in monitoring the highway project. Although there may be some problems, it has been one of the beCCer DOT projects. Mullen echoed Ames' statements. She would like to have the contaminated soils removed first and then treated. She requested an inventory of expertise on river issues including films, speakers, brochures (from agencies and private resources) as it would help in setting Kenni River Special Management October 21, 1999 Ater Advisory board Page 7 up meetings. Navarre wanted to thank Marty Rutherford for working towards new Board members. B. Date/A~enda of Next Meeting: The next meeting will be November 18,1999. Director Tim Stratton wiIl attend. Having no further business, Chairman Wellman adjourned the meeting at 9:30 p.m. Respectfully submitted, Earlene Reed, Recording Secretary For the Division of Parks & Outdoor Recreation Kenai River Special Maoagemeu¢ Ocrober 21, 1999 Area Advisory Board Page 8 **'k Tentative MeetingAgerzda*** Thursday, October 21, 1999 7:00 p.m. City of Soldotna City Council Chambers I. CALL TO ORDER A. Roil Call B. Approvai of 9/23199 minutes C. Agenda Changes and Approval II. PUBLIC CONIlVIENT III. NEW BUSLNESS t,_ ~" € 5 $9~ A. Prioritization of Board Effort for 1999-2000 Schedule B. Discussion of Board of Fish proposals addressing Kenai River Guides C. Kenai River Lands Addition -Strategy Planning -Ken Lancaster D. Discussion on Institution of the User Fee -Committee Formation IV. OLD BUSINESS ' ~. ,`~. A. MP 37-45 Sterling Highway Project Update, other permit issues- Suzanne Fisler B. Commercial Operations Committee -Jeff King C. Boat Wake Study Update -Lance Trasky D. Kenai River Operation Update -Ranger Bill Berkhahn E. Board Appointment Update V. PUBLIC COMMENT VL ADJOURN,HENT A. Board Comments B. Date/Agenda of Next Meeting `k** Tentative Meeting Agenda*** Please contact Ted Wellman or Chris Degernes before 4 pm, Wed. October 20 with any agenda changes or additions. NOTE: Commercial Operations Committee Meeting: 10/21/99, 3pm, Kenai River Center. Suzanne FYsler will be sending agendas to committee members. If you would like her to send you one, please contact her at 260-X1882. KLNAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD MINUTES Thursday, September 23, 1999 p.m. City of Soldotna City Council Chambers ~ r "' - ~--- ~... #.I,. I. CALL TO ORDER ~ °' ~^ A. Roll Call: Chairman Wellman called the meeting to order aC 7:03 p.m. Members Present: Jeff King, Ted Wellman, Jirn H. Richardson, Peggy Mullen, Brannon Ames, Jim Golden, Tim Navarre, Robin West, Bill Shuster, Lance Trasky, Derik Marcorelle, Chris Degernes Members Absent: Vince O'Reilly, Ann Whitmore-Painter, Ken Lancaster, Rick Ross B. Aooroval of Mav 20 Notes: The notes were approved as written. C. Agenda Chances and Approval: Chairman Wellman noted that many items that were requested to be on the agenda were postponed until the next meeting. He then asked for further corrections or additions. The agenda was approved as submitted. II. PUBLIC COMMENT -None III. NEW BUSINESS A. Kenai River Studies Update -Gordon Nelson, USGS Gordon Nelson, District Chief-Water Resource Division, USGS, introduced Dave Meyer as well as Janet Kurin who is Joe Dorava's replacement. Mr. Nelson spoke on a varioty of programs and studies that USGS has performed on the Kenai River since the 1970s. He stated the National Water Quality Kenai River Special Management September 23, 1999 Area Advisory Board Page- 7 Assessment program is now occurring on the river. For fiscal years 1999 through 2001, they are sampling the chemistry, ecology, sediment and suspended sediment, as well as channel geometry alp two fixed sites-one upstream and one at the Soldotna bridge. The program is scheduled to shut dowri._ in 2002. He could not say if the Kenai River would be in the next cycle of studies as they operate at approximately 60 study units throughout the United States. He also spoke on the stream-gauging program for the flood-warning network with the Kenai Peninsula Borough. He noted their publications are available on hard copy as well at the Internet. The Kenai River Center web page offers a link to his brgahization. Mr. Nelson stated there is interest in continuing Joe Dorava's work regarding experiments on boat designs and loads. He also would like to do repeat transacts of the surveys of bank erosion sites. Degernes asked abouC the process and possibility of obtaining funds if the Kenai River Special Management Advisory Board makes a proposal to use some FY 2000 money for a boat wake study next season. Mr. Nelson stated he would give it a high priority. He noted their funding is CighCly aligned with actual work elements. They are constrained if there is no source of revenue to continue on a certain tasks, however, if state or local money is available, those funds could be matched with federal funds. He could not make any offers until the federal budget is passed. Shuster stated that USFS is doing work on Russian River that sounds very similar to their studies. ITe stated he would like to make contact with USGS to discuss their findings. Dave Meyer commented that the basic data publication is due in April, however, the analysis won't start until 2002. B. Boat Wake Study Update: Degernes reported that the US Corps of Engineers approved their participation in the program, however, the approval occurred too late to conduct the study this year. Although Joe Dorava has left USGS and Alaska, the Corps' funding remains and they are still interested in continuing. Mr. Dorava has indicated he is interested in coming back to the state and doing the logistics he had committed to do and write the summary. The new firm he is working for has also agreed to a]low him Co do so. Nfi•. Nelson noted that the U. S. Government frowns upon contracting with former employees, and stated Mr. Dorava would have to work for the state and not USGS. Degernes will continue to speak with Fish ~ Game on the subject. She noted that because of funding restraints, only $6Q000 was available in 1999; however, now the whole $120,000 appropriation is be available for the boat wake study and the recreational impact study. She was wondering if some of the unallocated funding for the Recreation Impact Study could be used for the Boat Wake Study to ensure it will be completed. She would rather see one study done well than to try and launch into another study. Degernes is confident the boat wake study will happen next season. There was discussion of using Mr. Dorava as a sole source contractor because of his expertise and Kenai River Special Management Area Advisory Board September 23, 1999 Page - 2 experience in the subject. "Trasky believed Mr. Dorava is probably the most qualified person to do the study. King believed it would be more proper to have someone from liSGS assume Mr. Dorava's role rather than go to private enterprise under a sole source contract. Wellman asked Trasky and Degernes to further investigate the options. C. Lead Free Fishing Areas within Kenai National Wildlife Ref~Qe Area on the Kenai River: Robin West West passed out a packet of information of the proposed regulations for the Board's information. He stated the lead issue has been brewing nationally for ten years. Lead free fishing tacle will be required in two areas of the refuge: from the outlet of Skilak Lake downstream approximately three mile, and within the lakes and streams of the Dave Spencer Wilderness Unit The regulations wsll go into effect in 2001 and the refuge will use the two-year transition period for a public awareness program about lead free fishing. EnforcemenC at first will be more educational. They will also work with local tackle shops. D. Discussion of Board of Fish Proposals Addressine Kenai River Guides Chairman Wellman gave the background of the February Board of Fish meeting where the Board tabled some proposals regarding guide districts. Since then, there has been lots of discussion and it is unclear exactly what the Board of Fish has left open for consideration at the October 27s' meeting in Fairbanks. He believed the Advisory Board should determine whether or not the proposed regulations regarding districting would be compatible with the comprehensive plan and then write a letter to the Board of Fish stating our position. Fisler passed out a summary table showing where and when guides operated on the river during the 1998 (table says 1999, should be 1998) season. Approximately 60 reports have been input so far, so this data will evolve as additional use reports are received. Hopefully the whole reporC should be finalized by the next meeting. She had another summary of the Kenai River guide trends from 1982 to 1999. She gave an overview of another report regarding information on the guide businesses themselves, such as how many businesses were new this season, now many have been receiving permits for 5-10, 10-15 or over 15 years, etc.. Chairman Wellman desired to get some ideas out and then hold a sub comnvttee meeting of the Commercial Operators to formulate a position for the October meeting. The districting proposals are Nos. 380 and 381. One proposal states that a guide would pick one district and only be allowed to fish that section exclusively; the other proposal allows for the selection of two districts. King stated there is confusion because the Board of Fish has not established what problem it is that Chey are trying to solve with this plan. Wellman believed they were trying to establish harvest parity and eliminate or reduce conflicts between different user groups. King noted that when the comp plan was developed the plan was to do a user density study Co build a foundation for limiting guides. King believed that was the direction to go. Kenai River Special Management September 23, 1999 Area Advisory Board Page - 3 Navarre believed the proposals could possibly lead to increased guide use by setting up other guides in other districts so that all areas are covered. The proposals may not accomplish the desired result. He' agreed a letter should be sent commenting on the proposals. - West agreed with King that there needs to be a focus on what exaeCly is being accomplished by the proposals He desired to know the Board of Fish objectives before supporting or opposing. Chairman Wellman stated the Board of Fish will do something regarding the guide issue in March, 2000, one way or another. They won't wait for our Board to comment. The opportunity to advise the Board of Fish regarding our position is in October. He is concerned that they might do the wrong thing. He did noC think the districting idea was well thought out. He believed the Board of Fish should be advised that our comp p]an has identified some steps taken toward guide problems and that some of the BOF proposals may elevate the problems. West asked if the Attorney General's office has been contacted. He also wondered if Che Board of Fish establishing restrictions is different than limiting guides under the Constitution. Wellman stated the Board of Fish cannot limit numbers but they can control methods, means, time, and closures. The districting question is considered a method and means situation. Mullen believed Che Board of Fish was trying to deal with feedback on a social aspect and their decision will not be biological. She felt a major piece of information to support any biological decision would be the boat wake study and wondered if we could ask the Board of Fish to wait until the study was completed. Navarre asked if the KRSMA board should comment to Commissioner Shively and ask him to concur' and pass on to the Board of Fish or would the Letter go directly to the Board. Ames wanted to make the comprehensive plan our objective and felt that we should stand on what we have already decided. Shuster felt a letter to the Board of Fish should be sent stating the KRSMA Board's responsibility and quoting from the plan what our objectives are, not necessarily specifying what proposal we are looking for but stating what type of proposal would meet the criteria of our comp plan. King thought we should ask the Board of Fish to embrace what the comp plan is trying to do and to help get the boat wake and user density studies done. MOTION: NAVARRE MOVED TO RE-OPEN THE PUBLIC COMMENT PERIOD. RICHARDSON SECONDED. VOTE ON MOTION TO RE-OPEN PUBLIC COMMENT: MOTION PASSED: L'IVANIMOUS WH'HOUT OBJECTION Chairman Wellman opened up the public comment period. Dennis Randa stated that Fish & Game is getting ready to release the guide data from their guide Kenai River Special Management Acea Advisory Board September 23, 1999 Page - 4 surveys this year. He felt Yhat information should be considered. Roeer Byerly owns a lodge in the middle river. He stated he prefers to take his customers fishing in the middle river, but during emergency closures he will fish the lower river and then return to the middle river once the closure is over: If the proposal passes, to ensure shat he can take his customers out fishing, he will have to choose a portion of the river that is the least affected by emergency closures. He felt this would crowd that porfion of the river even more. He was against districting as he felt it did not make sense. He noted that locals are no longer fishing the river. It was hard for him to imagine that anyone or any Board could have the authority to say that he could only fish in one spot in the Kenai River and not in the saltwater. It was odd to him that the limitation would even exist. Ames asked why local interest in the river has decreased. He was informed that part of it is because of past regulations and part is because locals don't want to compete with guides; however, that does not explain why fewer people are fishing in the Fall after the totuists and most guides have left. Kenny Bin2aman spoke about the Kenai River survey, which was handed out when the guides received their permits this season. He stated if the KRSMA board looks at the results of that survey, they will know how Che guides feel about districting. He spoke against the districting of guides. If he is required to only select one or two areas, he will be forced to hire more guides to cover Che other units, and this will increase the number of guides on the river. He did not. like the six proposed districts. He proposed two additional overlapping zones. The days, hours, and number of people in the boat already limit him. He did not feel it would work. If need be, he would rather see a limited entry type of restriction. Fisler noted that data from the survey is currently being collected and analyzed. That information should be available prior to the October meeting. Peel Encksori was opposed to districting and believed it would not work in limiting the nun-fiber of guides. While it may limit the number of guides in one area, it will not limit the anglers; guides follow anglers and the anglers follow the fish. He stated while the Board of Fish may have the authority to do this, it will noC solve the social issues and that those issues should be left up to State Parks. Having no further public testimony, Chairman Wellman closed the public comment period. E. KRSMA Board Plannin>Y Strategy Session for the 1999-2000 Meeting Season Chairman Wellman wanted to discuss goals and strategies for the upcoming year so that our time will be focused on priorities and not on less important issues. The Board members looked over the previous priorities. Degernes commented that the bill to add Kenai River lands did not get introduced last session. She felt some strategies need to be developed to help it get introduced next session. Navarre noted that in politics timing is everything and that a better time to move would be after the Kenai River Special Management September 23, 1999 Area Advisory Board Page - 5 local elections. He commented he will continue to be committed in getting the assembly to adopt the plan. Richardson stated that while a good effort was put into prioritizing, sometimes issues have to be dealt with now even if they are lower on the list. He pointed out the Chugach Electric Cooper Lake Hydro issue as an example. Trasky agreed that sometimes one must go with the "window of opportunity" and added that'he felt progress was made today with. the pump station issue (referred to a meeting earlier in the day in which Chugach Electric conducted an informational meeting in Cooper Landing regarding the Cooper Lake Hydro project and current permit amendment issues.) Golden noted that a priority list helps the board to focus its energy. He commented that districting was not on the list and yet the Board spent a good part of this evening discussing it. Richardson noted that just because there was a lot of emphasis on one subject here tonight doesn't mean other issues aren't being worked on at the committee level. Wellman stated that when the priority list was drawn up, districting. was not even in the picture. He concurred that many issues are dealt with at committee level before bringing it to the whole board. Richardson asked about the Soldotna Sewage Treatment plant outfall study and requested that Lancaster supply an update on a future agenda. Degernes believed priority issues for this Fall should include user fees, boat wake study, recreation impact study, and strategies to legislatively add the upper Kenai River lands. Chairman Wellman requested each member to select five items they feel should be given priority this upcoming year and to be ready to discuss at the next meeting. F. Board Appointment Degernes repnrtPrl that a puhlc service announcement was run in ]ate August reauestine interested persons for board vacancies. Paul Shadura was the only one who responded Co the request. She noted that five positions expire on October 1 this year. Board members still interested in serving will be resubmitted for appointment. Navarre gave Mr. Shadura credit for showing interest by coming to the meetings, and Mullen believed he would have links to other interest groups. Degernes also noted that O'Reilly has been rather ill and he may need to step aside, however, she asked him to evaluate how he's feeling over the next few weeks and then decide if he still needs to step down. Brett Huber, Kenai River Sportfishing Association's Executive Director, stated he would be interested in serving and asked for an application. Chairman Wellman believed it would be nice to send in a whole mess of names, but that the Board Kenai River Special Management September 23, 1999 Area Advisory Board Page - 6 should send in the names of applicants we have now. G. Cooper Landing Community Club Proposal -Jim H. Richardson Richardson reported that Mona Painter, chairman for Cooper Landing Community Club, wrote a letter stafing that a new post office is being built this coming year. She would like to move Che old historical post office building to a nearby lot for use as a museum for the Cooper Landing Historical Society. The Historical Society, through the Community Club, would like a permit to use a portion of an adjoining DNR parcel (.5 acres) as a parking lot for the museum. That specific lot was the old DOT site. Degemes stated that most of the area is flat, level, and graveled from previous use and currently has a re-growth of young cottonwood trees. The riverside of the lot is heavily timbered and in its natural state. She requested that a 7.00-ft. buffer from the river be mairtaired. She noted that some of the parking would have to occur in the DOT right-of-way not currently being used. MOTION: DEGERNES MOVED TO WORK WITH THE COOPER LAiv~ING CO_'tTVItTNITY CLUB TO PROVIDE FARKIlVG OPPORTUNITIES ON LOT 5 AND TO WORK WITH THE DNR LANDSCAPE ARCHITECT REGARDING A NATURAL VEGETATIVE BUFFER TO BE LEFT ALONG THE RIVER. WEST SECONDED. Navarre asked if DNR had any objections to deeding over the property to the Community Club. Degernes stated Chat probably wouldn't be possible since the lands have been designated for addition to KRSMA. A permit would be simpler. it was noted that the owners of the neighboring lots had no problems with the proposal. VOTE ON MOTION TO APPROVE: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION I`V. OLD BUSINESS A. Kenai River 1999 Season -Field Operation Summary- Ranger Bill Berkhahn District Ranger Berkhahn stated they are wrapping up a good season with a lot of end-of-season projects. This past year approximately 15 volunteers worked on the river as hosts and ranger assistants logging in over 7,000 hours. They repaired fencing, picked up litter, cleaned latrines, assisted rangers with river patrols, and performed many other duties. The four river rangers were able to spend more time on the river itself with all the volunteer help in the land units. Boating safety and protection of the resources were high on their agendas. Kenai River Special Managemene September 23, 1999 Area Advisory Board Page - 7 The floating dock at Pillars was upgraded, the first phase of the bank restoration project aC Slikok Creek was completed, and Che restoration project at Izaak Walton was completed. The "Kids Don't%" Float" program supplying child sized PFD's at the boat launches was very successful. The mandatory guide orientation was fairly successful, however, more guides were cited this year. Twenty one guides were cited which represents 2% of the guide body. Of those citations, eight were violations serious enough for a suspension next year, should they be found guilty in court. Overall, thirteen tickets were written for boating safety violations, however, the rangers gave countless warnings regarding insufficient personal floatation devices. 183 various tickets were written by our river rangers, while Fish & Game issued 25 tickets. He was unsure how many, if any, FWP wrote because their priority was with the commercial fishermen. He noted that US Coast Guard officers went out on the river with the rangers and performed many contacts. V. PUBLIC CONINIENT VI. ADJOUI2N~IENT A. Board Comments Richardson seated he attended a meeting to discuss the Cooper Lake Hydro project. Chugach Electric Assoc. is proposing to have a new process of collaboration with the public to improve communication during the upcoming relicensing process. He recommended that the Board's position be reviewed regarding the amendment before FERC in October or November. Mareorelle introduced himself and stated he will be taking Les Buchholz' place on the Board as the DEC representative. West hoped the Governor's Office would move forward with the Board appointments. B. Date/Agenda of Next Meeting: Gary Leipitz, ADF&G, requested that DOT be invited to discuss the second phase of the Cooper Landing Bypass Project and the Soldotna Bridge Project. The next meeting will be October 21, 1999, at Soldotna City Hall. Chairman Wellman adjourned the meeting at 10:20 p.m. Respectfully submitted, Earlene Reed, Recording Secretary For the Division of Parks & Outdoor Recreation Kenai River Special Ylanagement Area Advisory Boaz'd Se~Cember 23, 1999 Page - 8 FCEld~il 19/ Special Management Area --- ~ "Working together.../or the river" ~~ ~ CQDd~~OG3~7 ~ OLQaD *** Meeting Agenda*** Thursday, September 23, 1999 7:00 p.m. City of Soldotna City Council Chambers I. CALL TO ORDER A. Roll Call B. Approval of 5/20/99 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Discussion of Board of Fish proposals addressing Kenai River Guides B. Kenai River Lands Addition Legislation C. Lead Free Fishing Areas within Kenai National Wildlife Refuge Area on Kenai River -Robin West D. Cooper Landing Community Club proposal -Tim H. Richardson E. Discussion on Institution of the User Fee IV. OLD BUSINESS A. Kenai River Operations -Ranger Bill Berkhahn B. Permit Committee Report -Suzanne Fisler C. Legislative Committee Report -Ken Lancaster D. Water Quality Framework Committee Report -Les Buchholz E. Commercial Operations Committee F. Boat Wake Study Status - Chns Degernes V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 7247, Soldotna, AK 99669, Soldotna 262-5581 ~ Kenai ~ninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4447 i ~I 4 Alaska Division of Parks antl Outdoor Recreation, Department of Natural Resources, in cooperatlon with the Kenai Peninsula Borough, p_ KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD ** NOTES ONLY ** Thursday, May 20, 1999 City of Soldotna Council Chambers I. CALL TO ORDER A. Roll Call: Members Present: Ted Wellman, Jim Richardson, Ann Whitmore-Painter, Jim Golden, Ken Lancaster, Bill Shuster, Gary Leipitz, Rink Ross, Les Buchholz, Chris Degernes Members Absent: 7eff King, Peggy Mullen, Vince O'Reilly, Brannon Ames, Tim Navarre, Mark Chase Public Present: Rachel Clark, Keith Kornelis, Rick Wood, Herman Fandel NOTE TO RECORD: A quorum was not met so no official meeting took place. People scheduled to make presentations did speak, but no action was taken. Ted Wellman welcomed Jim Golden as the newest public board member. Jim Golden is a Boazd member of the Kenai River Sportfishing Association and a business owner involved in sport fishing. One public vaCariCy remains ururtlied. II. PUBLIC COMMENT -None III. NEW BUSINESS A. Timber Harvest in Special Use Area KRSMA lands -Not Discussed as Mr. Ed Martin did not attend the meeting as planned. B. Discussion with the Kenai Peninsula Borough Regarding the Kenai River Comprehensive Management Plan Recommendations Rachel Clark, Kenai Peninsula Borough Planning Department, spoke on the Borough recommendations regarding the Kenai River Comprehensive Management Plan. The Borough has two options: 1) to adopt it into the Borough's Comprehensive Plan, or 2) to form an Area Meriting Special Attention (AMSA). The Borough would prefer to address the recommendations under an AMSA due to the additional and lengthy review process in the CZMP. The Borough is currently reviewing the management recommendations within the plan and will select the recommendations most appropriate for an AMSA. They also hope to incorporate information and recommendations from the Kenai River Access Study. A plan will be drafted for internal review and hopefully the Kenai River Special i~tanagemenf May 20, 1999 Area Advisory Board -NOTES ONLY Page -'_ draft could be ready for the Assembly by Fall. Degernes was concerned that the Borough may not select the more challenging recommendations in the Comprehensive Plan. Ms. Clark stated the Borough will look at all the recommendations and will determine which ones they have authority to manage. Ms. Clark explained the process for proposing an AMSA. First the Borough will contact DGC and develop a scoping document. There will be two public hearings during the draft development, and then DGC will review the draft for completeness. Then during the formal public review, there will be two more public hearings. After a concept draft is developed, it will go through the Coastal Policy Council for approval. If everything proceeds smoothly, it would take at least a year; however, since the Kenai River has some complicated issues, she believed it could take up to two years. After the Borough selects recommendations for implementation, the Board will be asked to comment during the comment period. Lancaster noted that the City of Soldotna has Dick Bower as an ex officio member of the Coastal Management Council and will keep,the City abreast of the process. Ross stated the City of Kenai will wait to see what is in the draft and then make comments. Leipitz commented that he has learned that the Coastal Zone Management Program is a management plan with policies that are guidelines for local governments. Much of the program is developed based upon the regulatory authority of other agencies. Ms. Clark agreed there may be ..problems with AMSA but felt it would be far more difficult to ` address all the recommendations through an ordinance. She stated if an issue were addressed in an AMSA, an ordinance wouldn't be needed. AMSA's would address specific enforceable policies rather than general directions. She believed approximately 80% of the Comp Plan recommendations would be appropriate in an AMSA. C. City of Kenai Projects: South Spruce Project (underway), and proposed Coastal Trail and bluff erosion project, Keith Kornelis, City of Kenai Keith Kornelis, City of Kenai, spoke on three projects occurring within the City. 1) South Spruce Project -The contractor is Foster Construction. Part of the project is to re-route the trails to the parking areas to alleviate further damage to the habitat. Mr. Kornelis noted that if and when the sewage treatment plant expands, it will expand into a portion of the filled area. The project is 85-90% complete. When the project is completed, Mr. Kornelis stated a parking area for approximately 200 vehicles will be available and will hopeftilly bring some order to the dipnet fishery in the area. No overnight camping will be allowed and there will be a 12-hour restriction on parking. 2) Kenai Coastal Trail -The concept shtidy was performed by Peratrovich, Nottingham. & Drage, Inc. The 1.7 mile trail begins near the bridge and will go along the bottom of the bluff to a small creek, a span bridge will cross the creek, and then the trafl will go to the road near the sewage treatment plant. It will be an 8-ft. wide paved trail. Additional trails in the future could link the Kenai River Special Management May 20, 1999 Area Advisory Board -NOTES ONLY Page - 2 Old Town area as well as the Spur Highway. The proposal has gone to the Harbor Commission for their review and approval. After approval is obtained, a presentation package will be prepared to seek funding. Two or more preliminary public hearings will be scheduled during the review process. Ross believed this project would fit under The OCS funding under the community portion. 3) Cum7ingham Park -This project was funded by Kenai River Sportfishing Association. A wheelchair accessible gavel path to the river will be developed as well as an elevated walkway along the bluff. Both will be handicap accessible. Root wads and willow cuttings are being placed along the banks for habitat restoration. Completion date is July 1, 1999. The parking lot by the road was not a part of the project, but the City is looking at that project for the firture. Leipitz remarked that the Kenai River Center received many calls concerned that the design of the trail will eliminate possible use of the old gavel boat launch by drift boaters. Kornelis stated they have contacted the City and the City is trying to work with ±hern, althoagh probably nothing could be done this year. Ross stated that after the project is completed, the City will look at what can be done to accommodate the drift boaters, however, he is not optimistic. At the City Council meeting, there was significant testimony from bank fishermen that they did not want to compete with boats. He noted the park s/as small and cannot accommodate everyone. Golden commented that when the project was originally presented to the City of Kenai, it did include improvement of the boat ramp. FIe noted that the Association gave the funds to The City of Kenai to do-the project based upon the cormmmity desires. He believed the City made their decision based upon the public testimony they received. IV. OLD BUSINESS A. Commercial Use Committee Report -None B. Permit Committee Report -1!'one C. Legislative Committee Report -Ken Lancaster Lancaster reported that Paul Gray of the Soldotna Chamber of Commerce has contacted him abouf the possibility of a drift boat race from Moose River to the Soldotna Bridge on July 4. D. Water Quality Framework Committee Report -Les Buchholz Buchholz commented that final signatures on the Framework Plan are still being collected. He hopes to have it finalized by next fall. E. Kenai River Operations Report Degernes reported that Brenda Kerr advised her that the boat wake study has not yet been formally approved by the Corps. The program managers from which funds were being sought didn't feel that a boat wake study fit the criteria. However, Ms. Kerr believes approval will be obtained by the end of the week. Joe Dorava still feels that if ADF&G signs by the end o£ May that the study can be done. Degemes is guardedly optimistic that the study will happen. If approved, Parks role will be to Kenai River Special Management May 20, 1999 Area Advisory Board -NOTES ONLY Page - 3 work with F&G and other agencies to provide some of the in-kind services, such as providing boats and volunteers to operate them. (Later note: The Boat Wake Study did not receive the approval to proceed from the Corps as of a teleconference conducted on June 16. The decision was made to cancel any further planning for this field season as it would not be possible to insure that all the participants would be available even if approval did occur quickly. Brenda informed the group that she would be leaving her position to transfer to Fairbanks and that Bob Sanders would be continuing to help see this proiect through to completion...) Degernes further reported that Ranger Berkhahn is on track with the Izaak Walton Moose and Kenai River Restoration Project. The Kenai River Cleanup was conducted on May 15. The downstream portion of the Slikok Creek project should be finished by mid-June. The upstream portion is having some design complication and will be done in 2000. The second of the three guide orientation programs was conducted on May 8. About 170 guides participated. So far most comments have been very good. V. PLrBL.IC COMMENT Herman Fandel updated the Board regarding the progress being made by Bruce Koffler in designing a low wake boat. He is currently in the process of receiving patent rights and working on an 18-ft boat as well as add-ons to be placed on existing boats. There has been discussion to get a couple of his boats here for the Kenai River Classic. VI. ADJOURNMENT A. Board Comments Shuster stated he represented the Forest Service in Washington DC last week. He accepted an award for the Seward Ranger District, and for Kelly Wolfe for his work with the Youth Restoration Corps on the Russian River Restoration Project. B. DatelAgenda of Next Meeting Another meeting will not be scheduled until September, however, some committee meetings may occur. Chairman Wellman adjourned the meeting at 8:10 p.m. Respectfully submitted, Earlene Reed, Recording Secretary for the Division of Parks & Outdoor Recreation Kenai River Special Management wmy ~~, ~ ». Area Advisory Board -NOTES ONLY Page - 4 zee c 1 ~ ! Special Management Area "Working togethec..7or iheriver" LQDb~~SOO G3~I ~ OO G°QG~D "x* Tentative Meeting Agenda*'* Thursday, May 20, 1999 7:00 p.m. City of Soldotna City Council Chambers I. CALL TO ORDER A. Ro11 Call B. Approval of 4/15/99 minutes C. Agenda Changes and Approval II. FUBLIC COMMENT III. NEW BUSINESS A. Timber Harvest in Special Use Area KRSMA Lands B. Discussion with the Kenai Peninsula Borough Regarding the Kenai River Comprehensive Management Plan Recommendations C. City of Kenai Projects: South Spruce Project (underway), and proposed Coastal Trail and bluff erosion project, Keith Kornelis, City of Kenai iV. ^vLD BI'SiN'ESS A. Commercial Use Committee Report -Jeff King B. Pertnii Conunittee Rei~on -Suzanne Fisier C. Legislative Committee Report -Ken Lancaster D. Water Quality Frarnework Committee Report -Les Buchholz F. Kenai River Operations Report V. PUBLIC COMMENT VI. ADJOUP.NMENT A. Board Comments B. Date/Agenda of Next Meeting NOTE: Tentative Agenda only. Please contact Ted Wellman or Chris Degernes before 4pm on May 18 to make changes or additions to this agenda. Also Nate: Location at Soldotna C'tv Hall' Charnher affain this month. ~ Kenai Area Office, Box 1247, ~otdotna, !K 9 69, SolYotna~~76Z-55$1 " , .~ Kenai 1'~ninsula Borough, Box 860, Soldotna, AK 99669, Soldotna 252-444Y l I p Alaska DlvSSlon of Pdims antl Outtloor Recreation, Department of Natural Reaource4 In ccoperatloe with the Venal °eniasuls Borough. \ "'a KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, April I5, 1999 City of Soldotna Council Chambers I. CALL TO ORllER A. Ro11 Ca11: CnalriTut:.:^! ellnian Caiie(A Lhe iTice Ling L6 vriicr nl I.UJ p.m. Members Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mullen, Vince O'Reilly, Brannon Ames, Ann Whitmore-Painter, Dick Bower, Mark Chase, Ron Freeman, Lance Trasky, Rick Ross, Chris Degemes Members Absent: Les Buchholz, Tim Navarre B. Approval of 3/13; 99 Minutes: The minutes were approved as submitted. C. Aeenda Chances and Approval: Degemes requested discussion of Board appointments under New Business. Ames desired to discuss amendment to the 13y-laws during the Board appointment discussion. Having no objections, the minutes were then approved as amended. IL PUBLIC COMMENT Paul Shadura had heard a Honor that the boat wake study was taken out of the state budget. Wellman did not believe so as the monies were encumbered last year for the study. Degemes added that the study coordinators had not contacted her regarding such a cut. She noted that money had been set aside for two parts of the study, the boat wake study and the vessel crowding study, and the vessel crowding study was put off for lack of money until next fiscal year. Herman Fandel spoke with Bntce Koffler in Eugene, OR, who is working on a no-wake or low-wake designed boat. Mr. Fandel had some design information for interested people and he hoped the Board could encourage Mr. Koffler's work. IIi. NEW BUSINESS A. Board Appointments: Wellman is very frustrated that the two board seats still have not been filled, as it has been over a year that some of them have been vacant. There has been difficulty in obtaining a quorum because of these vacancies. He would like to send a letter directly to Governor Knowles protesting the fact that April 15, 1999 Kenai River Special Management page -1 Area Advisory Board the appointments have not been made MOTION: AMES .MOVED TO AMEND THE BY-LAWS BY ADDING A NEW SECTION TO ARTICLE IV NOMINATIONS AND APPOINTMENTS AS FOLLOWS: IE THE COMMISSIONER OR THE GOVERNOR'S BOARD & COMMISSIONS FAILS TO MAKE A TLMELY APPOINTMENT WITHIN THE THII2TY (30) OR FIFTEEN (15) DAY PERIOD AS NOTED IN C) AND D) ABOVE AND A PERIOD OF AT LEAST THREE MONTHS HAS PASSED, THE BOARD MAY WITH A 3/3 MAJORITY VOTE APPOINT PUBLIC MEMBERS TO FILL VACANCIES ON THE BOARD. DEGERNES SECONDED. Degernes stated the amendment offers a possible solution.. She noted another solution would be to ask Governor Knowles to reassign this responsibility to the Commissioner of Natural Resources. She stated Director Stratton and Commissioner Shively have also voiced frustration in the Governor's Office's lack of action in appointing Board members. Wellman stated boards tend to get slanted when they appoint their own members. He suggested sending a letter directly to Governor Knowles requesting he reassign the function. If that approach doesn't render results, he would not be opposed to the by-law change. Ross supported the letter approach first Ames stated that it has been over a year and thought the by-law change would be a wake-up call. With the lack of fit11 public members, government agencies rather .than the public are being represented on the Board. The original intent of the Board was to have representation of the public. Ulullen agreed with Ames' feelings, but was more interested in a Letter at this time. She felt the timing was not right with all that's going on ir. Juneau. She felt £nat next month would be more appropriate to address the by-laws. MOTION: ROSS MOVED TO TABLE AMENDING THE BY- LAWS UNTIL THE NEXT MEETING, AND IN THE MEANTIME, WRITE A LETTER TO THE GOVEItitit~R. isECI~IZi'VLS S3+.CONDED. Richardson agreed the Board needs a full complement o'f public members but desired to wait another month before amending by-laws. VOTE ON MOTION TO SEND A LETTER TO THE GOVERNOR: MOTION PASSED: ALL IN FAVOR EXCEPT FOR AMES Wellman will draft the letter to the Governor. B. HB108 - Boatino Safety Bill Ranger Berkhalm presented a brief recap of House Bi11 108, Boating Safety. He stated Alaska leads the nation in boating fatalities, 80% of those fatalities are attributed to people not wearing personal floatation devices. The Kenai River averages one fatality a year. The bill addresses all boaters as well as surfUoarders and waterskiers. The bill will allow the State to be eligible for some federal ` Kenai River Special Management April 15, 1999 Area Advisory Board Page -2 funding. With boating registration, the first year's receipts are estimated to be $300,000 with matching fiords from the federal govenunent. Seventy-five percent of the money will be directed towards education. The Division could establish a boating education program on the Peninsula. The park rangers are already doing some boating safety education, and the bill will allow more operational monies for that. Berkhahn commented that a Boating Safety Advisory Council made up from members of the public would be established. He requested the Boud to support House Bill 108. MOTION: DEGER:NES MOVED TO SL"PPORT HOUSE BILL 108. WHITMORE-PAINTER SECONDED. King hoped there would be a mandatory education program for boaters under the age of 14. Berkhahn stated the bill would reflect the cuzrent federal requirements but would allow the state to gcvem the program. VOTE ON :MOTION TO SUPPORT HOUSE BILL 108: MOTION PASSED: UNArNIMOUS WITHOUT OBJECTION C. Timber Harvest in Special Use Area KRSMA Lands Deg~ernes stated that Ed Martin had approached the Division fox some house logs that were within the Special Use Area designated for addition to KRSMA. She noted the management plan states that timber harvest is prohibited on lands intended for inclusion into KRSMA unless the activity is compatible with the purposes of KRSM.S; therefore, she declined the request. It was Mr. Martin's position that the prohibition of minor timber removal. was not the intent of the management plan so he desires to appeal.. Mr: Martin was unable to attend.. tonight's meeting so Degernes requested discussion be postponed until the next meeting. Tn the meantime, she requested. that Board members review the management plan's recommendations on pages 83-84. D. Kenai River Center Buildine Update 7ob~n P~chorcich, rescarce planner for Kenai River Center, gave an overview of the prcpcsed Kenai River Center. He stated that $1.75 million was provided through legislative appropriation of Exxon Valdez settlement money to construct the new center. An 8-acre site was selected and. a land exchange with the City of Soldotna was completed. He stated Soldotna's Planning & Zoning Commission last week approved ine preliminary pi,at. A contract was awarded to Kluge Associates fora 6,300 sq. ft. multi-agency building. The Groundbreaking Ceremony will be July 9 and the project is scheduled for completion by June 1, 2000. Mr. Mohorcich displayed some schematics of preliminary building designs. In addition to housing state, borou,h, and city staff, the building will have a meeting hall to seat 90 people. There has been discussion of having an Alaska Natural History display area. There is not a view of the river but there has been discussion of establishing a trail to the river. He invited anyone who had comments on the design to speak with him. IV. OLD BUSINESS A. Discussion of Board of Fish's Proposal reaardine Guides/Districtina Mike Bethe, Area Sportfish Biologist with Fish & Game, spoke on Proposa1381 which will establish six exclusive guide registration zones: 1) Kenai Lake to Skilak Lake, 2) Skilak Lake to Bing's Landing, 4) Bing's Landing to the Soldotna Bridge, 5) Soldotna Bridge to Cook Inlet, and 6) Kasilof Kenai River Special Management April I5, 1999 Area Advisory Board page -3 River and 6) Deep Creek. Under the proposal, guides would be required to register for only one of the six areas. The intent was'to address parody and overcrowding on the river. After intense discussion, the Board of Fish tabled the proposal until the October session. During the sununer, Fish & Game will gather information regarding distribution of guides and guide movement on the river. - A questionnaire for guides has beer. developed to help obtain some of the information. He hoped the results could be tabulated by the end of August and be ready for review in September. Wellman believed that the Board of Fish wants to do something about guide problems, however, he felt that this proposal might make the situation worse. He feared something could happen at the Board of Fish level that would undercut this Board's efforts with the recreational impact study. He hoped if the Board of Fish did anything, that it would only be on an interim basis until the data is in from this Board's impact study. King noted that the Board of Fish really hasn't defined what they are trying to achieve with the proposal. He d,idr.'r sunpnrt any proposal which causes more crowding in some areas, nor which tmfairly discriminates against the small operator. King asked if the legal ramifica£ions have been discussed and whether or not the Board of Fish has the authority to put such a proposal in place. Mr. Bethe stated the Board of Fish recognized that communities desire to address the issue. He hoped the questionnaire would help to evaluate what the consequences could be. He stated that districting is only one option the Board could consider, as they could consider other options too. Degernes eonunented on what she Teamed from the meeting with the AG's office regarding guide limitation issues. She was concerned that districting would not solve the problem of overcrowding or parody among the guides. Regarding the questionnaire, King believed the questions were appropriate and well thought out. Mrdlen thought that a second choice should have been allowed on the questionnaire. Mr: Bethe stated the last question allows the guides to provide their opinion. He stated each comment would become a part of the public record. Wellman would like the Guide Committee to come up with a position on Proposal 381 in light of this Board's objectives and the comprehensive plan. Degernes would like to do that after the survey results are in as it would help us to develop an opinion. Fisler agreed and stated the recently changed user reports could also supply valuable information in developing an opinion. The user reports for the 98 season should be tallied by mid J lire. Wellman asked the Guide Committee to wait for the information, to have an expanded workshop in Late August, and Co fonnuiate a recommendation for the September meeting. O'Reilly wondered if the Board of Fish ever considered the option of regulating the number of clients permitted to fish in any one district. Wellman doubted if the Board of Fish had that type of authority unless it was tied with allocation. B. Water Quality Monitoring Framework Michelle Brown gave an update on the Framework Pian. She noted that a few agencies have not yet signed the Statement of Cooperation. She commented the sooner they all get signed, the sooner her group can start looking for fimding. Ames referred to Mr. Randa's concerns mentioned at the last meeting about developing stricter water Kenai River Special Management Aprit 15, 1999 Area Advisory Board Pace _4 quality standards and wondered if that would be something the committee would be interested in doing. Ms. Brown stated she would be happy to work on that if that's what the Board wants them to do; however, she wanted to stay focused on getting the program started and seeking fimding before establishing standards. The issue was referred to the water quality committee to discuss. C. Permit Committee Report -Suzanne Fisler Fisler reported that walkway standards were discussed at their last meeting. Afield trip is being organized to various sites to see the different types of construction. After that, the committee will discuss the possibility of allowing some flexibility in height and/or vegetative standards. Fisler requeste'. that the City of Kenai make a presentation on their wastewater project. V. PUBLIC COMMBNT Herman Fandel, is excited about the boat design being considered by Koffler Boats, as he felt it could help to cur'a bank erosion. He passed. around a sketch of the possible design. He stated Mr. Koffler intends to start construction in May. VI. AD30UR1VTMENT A. Board Comments: Chase stated that there have been cases on the Kenai Peninsula where loons are getting lead poisoning by picking up lead fishing sinkers. His agency is looking at banning lead fishing sinkers in two areas--the Swan Lake Canoe System Lakes -and the Kenai River immediately below Skilak Lake. Some alternatives axe steel and brass as well as education programs to raise awareness. Ross stated the City of Kenai will have someone present the wastewater project at the next meeting. He noted the permits for the prof ect were issued three years ago. Mullen announced June 12 &, la are the dates for the Kenai River Festival, She invited all to came. King was intrigued by a possible new boat design and would be interested in the results. He offered to write to IVIr. Koffler to encourage his efforts. Trasky stated that ADF&G and the Conservation Fund have applied for a National Conservation Grant for the Kenai River for the purpose of purchasing wetlands. Degernes announced that the Kenai River Cleanup Day is slated for May 15. If anyone is interested iu helping, please contact her or Ranger Berkhahn. B. Date/Agenda of Next Meeting: The next meeting will be Thursday, May 20, at the Soldotna City Council Chambers. Having no fisther business, Chairman Wellman adjourned the meeting at 9:39 p.m. Respectfully submitted, Farlene Reed, Recording Secretary for the Division of Parks & Outdoor Recreation Kenai River Special Management apnt u, i yyy Area Advisory Board Pave -5 1~ IV 0 1 Special tManagamerot Brea "Working together...tor Phe river" ***Meeting Agenda*** Thursday, April 15, 1999 7:00 p.m. City of Soldotna City Council Chambers I. CALL TO ORDER A. Roll Ca11 B. Apprcv=l ^f '; ~ 2/°~ ,„_'nUtCJ C. AaendaµChanges and Approval II. PUBLIC COMMENT III. NEW $USINESS CQDbO~OG°3~I ~ OO QG3D ~.C'~.' ~3 .. (~~l _ ._7~I ~?-"~~ ~~ i x A. HB 108 - Boating Safety Bii1 ;a. Timber Harvest ir_ Special Use Area KRSMA lands c. iLerai River Center Building Update IV. OLD .BUSYNESS A. Discussion of Board of Fish's Proposal regarding Guides/Districting s. Commercial Use Committee Report - Jeff King C. Permit Committee Report - Suzar_ne Fisler D. Uegislative Committee :~tepcrt - Ken Dancaster E. Borough Committee Report - Tim Navarre F. Water Quality Framework Committee Report - Les Buchholz V. PUBLIC COMMENT v ~ ri .., v ~'I -''CUC'".TMiEiTT ~. Board Comments s. Date/Agenda of ?vText Meeting. NOTE: Tentative Agenda only.. Please contact Ted Wellman or Chris Degernes before 4pm on April 13 to make changes or additions to this agenda: Also Note: Location at Soldotna City Hall's Couneil Chamber this month. Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262~444t p Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. \ _ / KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, March 18, 1999 Cook Inlet Aquaculture Association Building I. CALL TO ORDER A. Roll Call: Chairman Wellman called the meeting to order at 7:06 p.m. Members Present: Jeff King, Ted Wellman, Vince O'Reilly, Brannon Ames, Ann Whitmore-Painter, Tim Navarre, Ken Lancaster, Mark Chase, Ron Freernan, Lance Trasky, ruck Ross, Les Buoiilrolz, Chris Degernes Members Absent: Jim H. Richardson, Peggy Mullen B. Approval of 2/11/99 Minutes: The minutes were approved as submitted. C. Agenda Changes and Approval: None II. PUBLIC COMMENT Dennis Randa spoke regarding water quality on the Kenai River. He recently completed a water quality analysis on the river. There are sensitive organisms below Mile 28 at risk and in decline. FIe wondered why conditions had to decline before anyone pays attention. FIe hoped this Board and other agencies would be proactive and would help to establish aquatic habitat stlndards for the Kenai River. He further spoke about other progr~uns currently being adapted in the Lower 48. III. NE`VV BUSINESS A. Summary of Recent Board of Fish Decisions -Dave Athons, ADF&G Dave Athons reported there were two pronosals before the Board of Fish to place some restrictions on guides in fresh and salt water, mainly involving designated districts. There was a lot of testimony about crowding, and urging for the Boazd,of Fish to take action on limiting guide impacts. The Board of Fish deferred any action until October in order to work with the guides and organizations. He addressed the biological escapement goal for early run Chinook salmon. Tackle was restricted to the use of single hook, with "no bait" restrictions contimiing. If escapement is poor, then the fishery will be restricted to catch and release only. If escapement is good, then the use of bait and multiple hooks may be allowed. Guided anglers currently may not fish on Smldays in July and have restricted hours of operation h1 June and July. Beginning in 2000 guided anglers will no longer be allowed to fish on Sundays in May or JLme and hours also will be restricted during the month of May. Also, beginning in 2000, guides will be restricted to only four clients per boat. Athons spoke about 24-hour closLUes for the commercial fishery and that these closures will be based on the run strength. Kenai River Special Management Area Advisory Board -1- Minutes -March 18, 1999 Language was clarified making the angler and the guide subject to prosecution when fishing with an unregistered, illegal guide. Language was also added that would make it unlawful for a third party to arrange for guiding with illegal guides. All additional bank closure was instituted from river mile 27.3 upstream to river mile 28.0 from July 1 through Augtiist 15. This was to protect riparian habitat. Qn Mondays in May, June and July, the river below Skilak Lake will be open to non-motorized, non- guided fishing. Previously, the river was closed to fishing from boats on Mondays. Slikok Creek will be closed to all salmon fishing to help protect the coho salmon spawning in this drainage. The area adjacent to Slikok Creek has now been designated as afly-fishing only area during January 1 through July 14 and fishing will only be permitted from shore. Beginning the year 2000, the Kasilof River downstream from the Sterling Highway bridge will be closed to guided angling on Sundays during July. This will reduce the crowding on Sundays when guides from the Kenai River might target the Ka,ilof 1Ziver. Personal Use Dipnetting from shore will be closed on the north shore from Main Street upstream. to the City dock. Regarding when a harvest record must be recorded, the definition was adopted of "immediately" to mean "before concealing the salmon from plain view or transporting it from Che fishing site." This definition will also apply to when the tails must be clipped for the personal use regulations. The size of a king salmon to be recorded was increased to 20 inches or greater in length. All but the first 300 yards of Russian River will now be closed to fishing during August to provide protection to spawning sockeye salmon. Navarre requested a written summary of the Board of Fish decisions for both commercial and sport fisheries. King noted that there was confusion regarding the districting of the river relating to how one fishery affects anot her. Athons agreed there was a lot of discussion regarding districting. The idea of limited entry was also discussed and the Board does want to look at the crowding issue. O'ReIlly asked if the decisions and actions of the Board were based upon the competing economies on the river or the biological consideration of the fishery. Athons stated ADF&G manages the fishery to protect and conserve the resource but also serve the people of Alaska. While they don't make social dOCislvliS, they Q iGvK ai 6Uin ISSncS an4 i le QIGel'Slty O the aver. Ross stated the Board of Fish is very much concerned with the biological issues, habitat, and protection of stocks but they were also very concerned about the in-river competition between guides and non- guides and congestion within the river. They are also very interested in the boat wake study. Regarding the Monday drift fishing rule, Athons stated that the Board made it very clear that non- motorized meant no motor on the boat. If a motor is attached and not used, it is still motorized. Navarre commented that the Department of Law should look at the non-motorized definition. He hoped that no motor would be allowed in the boat. Disler noted that above Skilak it has been traditional for drift boats to have a motor attached in order to ferry across Skilak Lake. The motor is out of the water while in the river. Degernes stated that it is not an issue above Skilak Lake. Degernes agreed with Navarre regarding a motor not being allowed in a boat. Kenai River Special Management Area Advisory Board -2- Minutes -March 18, 1999 MOTION: NAVARRE MOVED TO RECOMMEND THAT THE DEFINITION OF ANON-MOTORIZED BOAT WOULD NOT ALLOW A MOTOR TO BE ATTACHED OR IN THE BOAT. DEGERNES SECONDED.'' Kirig pornted out that-once people are ouf of the mahagement area in the lower river, they might also want to power over to the Kenai boat dock. He felt the use of a motor would enhance safety. Ross stated that the Board of Fish intended that the only way anon-motorized boat could have a motor was if it was used as an anchor! VOTE ON MOTION TO RECOMMEND: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION IV. OLD BUSINESS A. Coinrnercial Use Committee Repcrt; Discussioh of Board of Fish Mandate to Address Guide Issues, Discussion of Rental Boats Wellman reported that he, Degernes and King met with John Baker of the Attorney General's office. Their discussion was focused upon the implementing of limitations on guides. They discussed the information that needed to be developed to withstand a legal challenge. The 1992 Carrying Capacity Study did not provide a sufficient basis to effect guide limitations. Wellman commented that during the development of the comprehensive plan, several proposals were received to limit guides. There was a great deal of input during public meetings that there were too many guides on the river. Wellman felt that the AG office might now support the premise of limited entry for guides on the river based upon the existing constitutional amendment for the commercial fishery. The wording is broad enough to encompass other commercial interests other than just commercial fishing: Mr: Baker cautioned'that a number of hurdles exist for this to be implemented, including Legislation that would apply guides to this constitutional amendment clause, and disagreement' among folks on whether the amendment would really apply to guides Mr. Baker urged the group to pursue solutions on more than one front, and stated he is willing to work with the Board on establishing criteria and a viable stady. The meeting encouraged Wellman. Degernes added that several options were discussed. They were advised they needed justification to treat guides differently from non-guided anglers and that the solution that's proposed is likely to "fix" the problem. Methods to implement the limitation cotdd be lottery or concession contracts or a combination ofboth. Wellman added that a guide board would 'nave to be established to deal with these issues. It may be hard to do now because of the current legislative budgetary difficulty. King desired that the Board keeps focused on its priorities and not lose sight of implementing the KRCMP. He thought this could possibly fit in with the Board of Fish districting and felt their input was needed. The recreation impactcommittee, which consists of Degernes, King, West, Trasky, and Wellman, will meet during the summer to work on this issue. King will ask a couple of representatives from the Guide Association to assist the committee. B,' Conservation & Reinvestriient Act of 1999 Degernes explained that both Congressman Young and Senator Mt~rkowski have introduced versions of Kenai River Special Management Area Advisory Board -3- Minutes -March L8, 1999 this bill. This program would take funds generated from federal off shore oil and gas royalties and return a percentage to states for various programs,. including the stateside Lu1d and Water Conservation Fund and wildlife conservation efforts as well as to communities for mitigating the impacts of oil and gas activities nearby. Dependent upon the formula used for distribution, either based on population or acreage, $5 to~$16 million would be distributed to Alaska for the stateside LWCF portion alone. Funds could be tised for land acquisition, recreation or access development, or facility rehabilitation. In the past, a number of recreational developments and land acquisitions on the Peninsula were acquired with LWCF monies. She requested Board support of the program:. MOTION: TRASKY MOVED TO SUPPORT TAE CONSERVATION & REINVESTMENT ACT OE 1999. AMES SECONDED. Ross commented that the bill tries to get a 50/50 split from offshore revenues. A large portion of the bill would go to coastal communities It world help the City of Kenai with some of their bluff erosion issues as well as to establish trails. He stated the City of Kenai passed a resolution in support of this program. Navarre encouraged support of the bill. Trasky also supported the bill and noted. the local community support. Trasky believed funds could be directed towards the river. VOTE ON MOTION TO SUPPORT BILL: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION B. Permit Committee Report -Suzanne Fisler Fisler reported that the state Coastal Zone Review process pending for the Cooper Lalce dam turbine replacement has been stopped for more information. During The past month, several agencies and interveners noted concerns and questions regarding the amendment, and how it might affect future decisions regarding relicensing of the dam. Chugach requested 90 days to respond. Inthe meantime, the Board sent the letter requesting to be an intervener in the turbine process so we can be informed when actions are taken. On this day, a letter was received from Chugach Electric stating it is withdrawing its application to raise the dam and lower the spillway until the relicensing process is formally started. O'Reilly asked if the new turbines would be more efficient even at tine current level of the dam. Fisler stated they would. She stated the concern of many of the interveners is that these projects should all be considered at one time when the current licensing expires. It is believed that if the impirovements are made before the relicensing process, that iY could be used as a persuasive argtunent to re-license the dam, and preclude rehabilitating Cooper Creek. Shuster commented that Chugach Electric considers the turbine replacement a maintenance item, and that they state the expense would be amortized before relicensing occurs.. Ross asked if the Board would still want to remain as ail intervener on the turbine project now that Chugach Electric has withdrawn its application for the dam modification. Wellman stated he could not participate in the discussion and passed The gavel to Lancaster to conduct this portion of the meeting. Lancaster believed the Board should remain.as an intervenerjust for informational purposes. . Navarre stated the Board's comments are now a part of the record; however, if the Board remained an intervener, the Board could still modify its comments. Kenai River Special Management Area Advisory Board -4- Minutes -March 18,1999 Fisler stated that an objection to a project isn't the only reason to request intervener status. It would help to keep the Board informed.. Ross stated it was not fair for the Board to object to a Chugach. Electric maintenance project Traeky stated-the Board was riot objecting`to the upgrade of the turbines, just using the upgrade. as a consideration in the future relicensing process: He did riot-believe the Bo~rrd shoLild withdraw its request to be an intervener. Having no further discussion, Lancaster returned the gavel to Chairman Wellman. C. Legislative Committee Report - Ken Lancaster commented on his recent trip to Juneau. He reported that the Comprehensive Plan was presented to Representatives Davis and Torgerson. He stated that neither representative was excited about adding more land into KRSMA so Director Stratton wilt have someone else introduce the KRSMA lands Lill. Degernes presented some flyers that were produced to give the public information regarding the bill. D. Borou h Committee Report -Tim Navarre Navarre reported he would be calling a meeting next month. The Borough will soon complete their review on the plan and so far it does not appear there will be many problems. He hoped to have an ordinance before the Assembly in May. He noted that the Cities of Kenai and Soldotna should be invited to any discussions. Wellman voiced- concern fllat only certain. parts of the plan would be'supported. He wanted the whole plan to be passed and would be'happy to assist in explaining the plan to anyone. ; Fisler stated some of the discussion was whether the plan would be better adopted into an AMSA or into the Borough's CZMP. Navarre stated that was not his intent, he was not interested in playing with areas of special interest. He asked Lisa Parker to review the whole plan before making any comments. King suggested preparing an executive summary of the plan and Navarre stated the Borough is doing that in the review process. Ames requested a copy of the synopsis for Board members. Navarre requested that Wiritmore-Painter be added to the Borough Committee. E. Water Quality Framework Committee Report -Les Buchholz Buchholz reported that the Kenai River Water Quality Framework is in the process of being distributed for signatures on the Statement of Cooperation by the various agencies. This plan will allow for greater status applications for grant monies. V. PUBLIC COMMENT Shuster introduced Roii Freeman; Acting District Ranger of the Seward Ranger District He ahnbunced a Chugach Forest planning meeting on March 23 at 7 p.m. at the Borough Brulding VL ADJOURNMENT Kenai River Special Management Area Advisory Board -5- Minufes -March 18, 1999 A. Board Comments Freeman stated the forest planning meeting will try to get some understanding on behalf of the public '- concerning the types of tools used in a forest plaiming document Degernes reported that Director Stratton is still Trying to get the Governor's Boards and Commissions Office to fill the two vacant board seats. She noted that it is becoming difficult to reach a quorum with public members. Three names have been submitted for the vacant seats, however, Juneau is so concerned with the budget at this time, that they axe not doing anything else. Lancaster stated the Kenai River Center contract is almost completed and groundbreaking should be July 9. He voiced concern about the continuing contamination at the DOT site, and the City's reluctance to accept a contaminated site. His administration is holding a work session to discuss the site. King believed that Board selections are fairly easy decisions. He stated that if Juneau can't make easy decisions as th s, it was na wonder they can't deal with the complicaticns of the budge±. Ross would tike one of the tower river users, such as a processor or a drift operator, to be considered for a board seat. Degernes stated she had hoped that O'Reilly would fill that role with his experience in the processing industry. Paul Shadura, a member of the public, spoke up and asked to be considered for a board seat. He could represent the commercial fishermen. He is a member of the RCAC, CIAA, and is a fifth generation fisherman. B. Date/A~enda of Neat Meetina_ The next meeting will be at 7 p.m., April 15, 1999, in the City of Soldotna Cotulcil Chamber. Having no further business, Chairman Wellman adjourned The meeting at 9:30 p.m. Respectfully submitted, Earlene Reed, Recording Secretary for the Division of Parks and Outdoor Recreation Kenai River Special Management Area Advisory Baard -6- Minutes -March 18, 1999 IC NI RI1( Special Management Area "WorkMgtogethor...lor the river" LaDM0~0O Q~7 ~ OO LQG°~D ***Meeting Agenda*** Thursday, March 18, 1999 7:00 p.m. Cook Inlet Aquaculture Association Building I. CALL TO ORDER A. Ro11 Ca11. 3. Approval ofl/ll/99 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Summary of Recent Board of Fish Decisiors - Dave Athons, ADF&G IV. OLD BUSINESS A. Commercial Use Committee Report; Discussion of Board of Fish Mandate to Address Guide Issues, Discussion of Rental Boats - Jeff King B. Permit Committee Report - Suzanne Fisler C. Legislative Committee Report - Ken Lancaster D. Borough Committee Report - Tim Navarre E. Water Quality Framework Committee Report - Les Buchholz V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting. NOTE: Tentative Agenda only. Please contact Ted Wellman or Chris Degernes before 4pm on March 16 to make changes or additions to this agenda. Also Note: Location at CIAA this month. < Kenai Area Office, Box 7247, Soldotna, AK 99669, Soldotna 26&5587 ~~ Kenai F~ninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 2624441 i p Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation wlih the Kenai Peninsula Borough. KF,NAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, February 11, 1999 Kenai Peninsula Borough Assembly Chambers I. CALL TO ORDER A. Roll Ca11: Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mt11en, Vince O'Reilly, Mark Chase, Bill Shuster, Lance Trasky, Rick Ross, Les Buchholz, Chris Degernes Absent: Brannon Ames, Aim Whitmore-Painter, Tim Navarre, Ken Lancaster B. Approval of 1/14/99 Minutes: Hearing no objections, the minutes were approved as submitted. C. Agenda Chances and Approval: Degernes desired to add discussion regarding the Cooper Lake Amendment #2 under Old Business. The agenda was then approved as amended. II. PUBLIC COMMENT -None III. NEW BLSLNESS A. Easement Request Through KRSMA Lands -Suzanne Fisler Fisler pointed out where the easement was located. She stated Mr. Jefferson applied fora 60-ft. right-of-way in 1984 because he wanted to have legal access to his property. At that time it was declined, however, he was allowed to continue to use the dirt lane into his residence. In 1994, Ciechanski was realigned when Enstar ran a gas utility line down it. Again, Mr. Jefferson applied fora 60-ft. right-of-way. He was allowed a utility easement but not a 60-ft. easement. Now Mr. Jefferson has brought in an As-Built Survey of the driveway and is asking for a public easement of the road as it exists today, not 60 feet. It would be a public road up until it crosses into his private property. Kenai F2iver Special Management NeUruary 1 t, lY`l9 Area Advisory board Pagei Fisler stated That the Department has the authority to grant public easements or roads across our property. It is the desire to do that with the understanding that it is a public roadway to that point. The parcel is not used by the public as it is primarily wetlands. Development of the area is not anticipated and there is no river destination. She asked the Board to approve the idea of the proposed easement. At this time Mr. Jefferson is unable to secure financing to do improvements or sell the real estate without dedicated access. MO'T'ION: JIM H. RICHARDSON MOVED fi0 RECOMMEND APPROVAL OF THE PROPOSED EASEMENT. DEGERNES SECONDED. VOTE ON MOTION TO APPROVE EASEMENT: MOTION PASSED: UNANIMOUS WITHOUT Ols'JEC T ION IV. OLll BUSINESS A. Boat Wake Impact Stluly Proposal -Joe Dorava, USCiS Joe Dorava described the proposed study plan to evaluate boat wake causes on the Kenai River. He has been working with the Corps of Engineers and a committee from the Board on this and wanted to let the board lnlow what is to be proposed. Many agencies will cooperate in the project through local and federal funding. One way that streambanks erode is through wakes generated by passing boats. The study will look at the effects of passenger loading, horsepower, boat hull design, hull lengths and weights, etc. The results of the study should help agencies with their management strategies. Ile explained the lavniiT and The d>,fferellt tests that "ld b^ 1'i'° H 1 t,.....~a v_ ~ i__. -,, - •~~ ., .,.., .,., u u~.,. :, a SO expiauicu tuc inStrtiiiieiitS that would be used to measure the boat wakes. King questioned how the study would consider the differences in wakes generated in deep versus shallow water. Dorava explained that the depth of the water was going to be considered. The study will mostly 'oe concerned with fire shallow areas next to the bank because in deeper water a lot of the energy is dissipated downward and not toward the bank. Dorava stated the study would test many of the types of boats used on the river although not all of the varieties of boats will be a part of the study. The most popular of the broad categories of boats will be represented. Dorava stated he has been unable to find any similar studies. He has contacted libraries and manufacturers and has been unable to find any published literature on boat wake studies. Dorava stated Yhat geotechnical information will be available in the study and will take into account the different types of soils on the riverbanks. It was noted that in the '96 erosion study Kenai River Special Management February Il, 1999 Area Advisory Board page 2 certain spots that were highly susceptible to erosion were chosen, but there were soil types not represented in that study. That is one reason ftirther tests are needed. Dorava stated that tests will be done in both a lake as well as on the river. The lake will be used to reduce the possibility of variables affecting the wake production, while Tests done in the river will hopefiilly corroborate the results found in the lake. Approximately 410 tests will be done on the lake and 200 on the river. Dorava asked the board not to worry too much right now about the cost of the study as cost sharing with various agencies will occur. After support of the study is insured a selection process will help correlate the available funding with the study priorities. Dorava stated he would like to do the testing the week of June 30 or the week of July 5. He would plan to have a preliminary draft report 90 days after the testing. A public draft should be available by January, 2000 with a published report by September, 2000. MOTION: CHASE MOVED TO PROVIDE A LETTER OF SUPPORT OF THE STUDY PLAN AS PRESENTED, WITH THE LETTER SENT TO THE AGENCIES INVOLVED. TRASKY SECONDED. Wellman noted that there is a proponent in the study that calls for a management committee, of which a member of this board will serve as an. overseer of the study. Trasky supports the plan and liked the idea of three components within the study. He further stated that Representative Young would need a letter stating that the study has merit, with a request from the board that the funding should be reinstated in the COE's budget. Fish & Game is also writing a letter supporting the study plan. VOTE ON MOTION TO PROVIDE LETTER OE SUPPORT: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION B. Proposed Status Letter to Board of Fish. Re: Boat Wake Studv Wellman explained the origin and purpose of the proposed letter to the Board of Fish. The boat wake draft study plan that was just supported was identified in the Comp Plan because it was felt that the 1996 Boat Wake Erosion Study was not sufficient in order to propose regulations on boating use. The proposed boat wake study will likely be discussed at the upcoming Board of P'ish meetings. Wellman felt ottr board should point out that it is not our intent for the study to be an advocacy document toward airy particular position, but merely an objective scientific study. He didn't want our board or the study to be in the middle of a political fight over fish allocation. Kenai River Special Management February 11, 1999 Area Advisory board Page3 MOTION: VINCE O'REILLY MOVED TO SEND THE LETTER TO THE BOARD OF b`ISH. PEGGY MIJLLEN SECONDED. VOTE ON MOTION TO SEND LETTER: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION There was discussion that every member of the Board of Fish and the Commissioner of Fish & Uame will receive the letter. C. Commercial Use Committee Report -Jeff King King reported that there was no committee meeting last month. All of the orientation programs have been set up, and a letter sent to all of the guides informing them of the programs. A few letters have come back as undeliverable, but Fisler stated she notified the companies the guides worked for and advised them to let their employees laiow about the programs. Just in case a guide cannot legitimately attend one of the programs, the first orientation program will be video taped. There will be a $75/per person fee to view the video in lieu of attending one of the three sessions. D. Cooper Lake Amendment #2 Chairman Wellman passed the gavel to Richardson as he has a conflict of interest in this matter. Degernes stated a memorandum was received from Tim A. Richardson, representing the Fish for Cooper Creek Coalition, asking the Board to take action on a couple of items. Last month Chugach Electric Assoc. briefed the board regarding two amendment proposals. At this time it is the second amendment to replace the turbines in the power plant that is the issue with the Coalition. The Coalition asked that we request intervener status on the second amendment. The BCard haS already applied as interveners regarding rile fiTSt amendn'ierit. A1JO, the'y' rcCtiicstcd that the Board respond by the March 1 deadline regarding the application. Degernes believed the Board needed to think about what affects this action might have in 2002 when Chugach starts the relicensing process. Also, the Board needs to consider how increasing the efficiency of the turbines might affect the need to maximize the amount of water going through the turbines. It might affect the ability to allocate fiittitre water into Cooper Creek during the relicensing process. Trasky believed those questions were asked but no answers were given. Ross understood that the relicensing is due in 2007, however, the process starts in 2002. Richardson stated the 1" amendment was to raise the height of the dam, the 2"d amendment was to replace the turbines to increase their efficiency, and then the 50-year permit will come up in 2007 but they will have a five year lead in time. One way to address these issues is separately. It is felt Kenai River Special Management February I1, 1999 Area Advisory Board Page 4 that the capital investment spent on the first two issues may prejudice FERC's decision on the relicensing permit. Richardson stated that being an intervener just gives us an opportunity to comment. It doesn't prejudice us as to which stand would be taken. Fisler confirmed that it keeps one in the loop for correspondence. Trasky stated ADF&G is an intervener. They don't object to the two amendments, but they want to make sure that the mitigation from the 1959 permit takes place. The turbines have not been designed so that spilling water cotdd be an option. Fisler stated the Board would be the intervener, not the Deparhnent of Natural Resources. She stated that there was no land managed by DNR around lake when the issues first surfaced. Since that time some land on the lake has been transferred to DNR. The department has notified FERC that we are now land managers and have some concerns but DNR has not filed for intervener status on it. MOTION: DEUERNES MOVED TO SEPARATE THE ISSUES (INTERVENER STATUS VERSUS THE AMENDMENT #2 COMMENTS) AND TO SEND A LETTER TO FERC ASHING TO BE CONSIDERED AS AN INTERVENER ON THE SECOND AMENDMENT PROCESS. TRASKY SECONDED. Ross asked about what options were available to the Board. Richardson stated there were three: 1) Do nothing, 2) Take out the dam, or 3) Some sort of mitigation to provide fish back into the stream. Richardson then noted that the options were not at issue with this motion, but that the motion would only give the Board a right to comment on Amendment #2. Ross felt that the mission of KRSMA was not to determine what kind of turbine goes into the darri's opcratioTis. i-Ie saw no need for ilitcivener siaiu.S vli tl-its amendment. Degernes stated the efficiency of the turbine may or may not be a concern, she just didn't want the capital outlay for the improvement to be used as leverage for permits or licensing in the fuhlre. She felt it would be better to consider everything on the table at once. Shuster stated he was informed by Chugach that the investment could he amortized prior to 2007. USFS has applied for intervener status. What they want to see is some demonstration that the amortization will take place so that the investment is a moot point in 2007. Ross stated he would vote against the motion because the second amendment seems to refer to the business operation efficiency. Ile did not understand why the Board would want to get into discrssion regarding the efficiency of turbines. Mullen saw intervener status as a way to participate in the discussion. She didn't want to close the option by not applying as an intervener. Kenai River Special Management February t I, 1999 Area Advisory Board Pages Richardson reminded everyone that the motion was just about applying for intervener status, not the merits of any comments. He noted that the Comp Plan does call for restoration measures for Cooper Creek; the Board does have guidance to act in regard to Cooper Creek. Being an~- intervener allows us to ask questions if need be. VOTE ON MOTION TO SEPARATE ISSUES AND APPLY FOR INTERVENER STATUS: Yes: King, Richardson, Mullen, O'Reilly, Chase, Shuster, Trasky, Buchholz, Degernes No: Ross Abstain: Wellman MOTION PASSED: 9 Yes, I No, I Abstain Richardson stated the second request from the Coalition was to act and make comments by Match 1. MOTION: TRASKY MADE AMOTIONTO ACT AND MAKE COMMENTS. DEGERNESSECONDED. Richardson asked for comments. Trasky wanted it to be made known that the improvement and efficiency of the dam not be used during the relicensing process. He also desired that the turbines not be designed in a way that precludes spilling any future water into Cooper Creek. The turbines should not be designed to use 100% of the water. Shuster agreed that any improvements on the dam or turbines should not designed in such a way to preclude opporttmities to release water down Cooper Creek. Mullen noted that it is the Board's long-terns goal to increase fishery habitat within the Cooper Creek drainage. VOTE ON MOTION TO MAKE COMMENTS: Yes: Bing, Richaedson, Mullen, O'Reilly, Chase, Trasky, Buchholz, Degernes No: Ross Abstain: Wellman, Shuster MOTION PASSED: 8 Yes, I No, 2 Abstain I'isler stated she will write the letter. Richardson returned the gavel to Wellman. Kenai River Special Management Febntary 11, 7999 Area Advisory Board Page G E. Borough Committee Report- Degernes reported that Navarre was successfut in getting the Kenai Peninsula Borough Assembly to pass a resolution to support the KRSMA land additions. It passed 7 to 2, with Grace Merkes and Paul Fischer opposing. Shuster stated a letter of appreciation would be in order. F. Wate~uality Framework Committee Report -Les Buchholz Buchholz reported that The Nature Conservancy will be meeting next week and will be looking at the Framework document. They will be circulating the document among the agencies and getting endorsements from them. G. Permit Committee Report -Suzanne Fisler Parks has submitted comments on the Quartz Creek highway improvements. They have agreed with COE that Nationwide 23 would be appropriate with stipularions. Some of the stipulations include: all unusable materials pulled out of the road will be stored along the Sterling Highway and not at the Quartz Creek site, discharge water will flow into the wetland areas and not the. streams, blasting activities will be avoided during eagle nesting periods, oversized culverts will be installed in all the fish streams (not just anadromous streams), the material site will have a 750 ft. buffer from Quartz Creek and a 300 ft. buffer from the centerline of the highway, any asphalt plants will be placed in a staging area and any area that holds asphalt will be lined and then burned, all the overburden from the site will be set aside and used to restore and revegetate the area. Fisler further reported that Nationwide 12 has been worked out where residential and subdivision installations may now occur without an individual permit as long as certain size vaults and techniques are used. Fisler annouuced they received notification from DGC that Pat Carter has withdrawn his project proposal to build his road through the wetlands. (EVOS has recently purchased this property from Carter.) V. PUBLIC COMMENT-None VI. VI. ADJOURNMENT A. Board Comments: Trasky stated he will prepare the letters on the boat wake support tomorrow. Degernes stated she will continue to advocate for new board members to fill the vacancies. Kenai River Special Management February ] I, 1999 Area Advisory Board Pagel Mullen wanted to make stitre that during the Quartz Creek road work this summer, the culverts are properly located and hoped that a biologist will be on site during the process. Chase reflected upon the missed opportunities through the American Heritage Rivers that may have provided fimding for studies such as the boat wake study. B. Date/AQenda of Next Meeting: The next meeting will be March 18, 1999, at 7:00 p.m., at Cook Inlet Aquaculture Association's conference room. The meeting was adjourned at 9:40 p.m. Respeetfirlly submitted; 1/arlene Reed, Recording Secretary For the Division oP Parks & Outdoor Recreation Kenai River Special Management February 11, ]999 Area Advisory Boazd Page 8 lCEIt1~16 ~i/ Special Management Area "WorRing togeiher...for the river" laD~9~~OG°~~I ~ OO QG3D ***Meeting Agenda*** Thursday, February 11, 1999 7:00 p.m. Kenai Peninsula Borough Assembly Chambers Z. CALL TO ORDER A. Roll Call B. Approval of 1/14/99 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS ~,m,w~. t ~ _~~ u~ k ~~ 3'7 ~ 1..4 . ',,'? A. Easement Requast Through KRSMA Lands - Suzanne Fisler IV. OLD BUSINESS A. Boat Waite Impact Study Proposal - Soe Dorava, USGS B. Commercial Use Committee Report - Seff King C. Legislative Committee Report - Ken Lancaster D. Borough Committee Report - Tim Navarre E. Water Quality Framework Committee Report - Les Buchholz F. Permit Committee Report - Suzanne Fisler V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting. NOTEe Tentative Agenda only. Please contact Ted Wellman or Chris Degernes before 4pm on Feb. 9 to make changes or additions to this agenda. e ~ Kenai Area Ottice, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 It4\ Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 t p Alaska Division of Park, and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai fknlnsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, January 14, 1999 Kenai Peninsula Borough Assembly Chambers I. CALL TO ORDER A. Roll Call: Chairman Wellman called the meeting to order at 7:07 p.m. Members Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mullen, Vince O'Relily, Brarmon Ar?'iBS, AriTl WhltlnOre-PalnteT, Tlm Navarre, Ken Lancaster, Mark Chase, Duane Harp, Lance Trasky, L,es Buchholz, Chris Degemes Members Absent: Joe Moore B. Approval of 11/12/98 Minutes: Hearing no objections, the minutes were approved as submitted. C. Ate. enda Changes and Approval: None II. PUBLIC COMMENT -None III. NEW BUSINESS A. Update on Cooper Lake Hvdro Proiect -Burke Wick, Chugach Electric Assoc.: Chairman Wellman stated he would not participate in this discussion due to a possible conflict of interest. He ttimed the meeting over to Vice-Chair Richardson. Richardson introduced the new Board members, Ann Whitmore-Painter and Vince O'Reilly, and also introduced Director Stratton and Deputy Commissioner Rutherford. Richardson congratulated Harp on his acceptance of a new position in Helena, Montana. Degemes presented Harp with a signed copy of the Kenai River poster and thanked him fox all of his hard work and effort in protecting the river. Phil Stier and Burke Wick of Chugach Electric began the discussion of the Cooper Lake hydroelectric plant by giving a brief history and then discussed the proposed Cooper Lake dam project improvements, explaining the benefits of the improvements. Chugach Electric uses all of the power generated at Cooper Lake, Bradley Lake, and Eklutna Lake. Kenai River Special Management January 14, 1999 Area Advisory Board Page 1 These hydroelectric generation systems axe the most efficient units within CEA's holdings. If any of those plants were taken out, the energy supplied would be from gas generated power from Beluga, Soidotna, or Bernice Lake-less effcientunits. Wick noted that the longer the power lines are, then the more problems that could arise. The location of Cooper Lake, 100 miles from Anchorage and 75 from Soldotna, helps fo control those problems and stabilizes the system. Stier noted that the railbelt grid is operated on a grid-wide basis. Power from one plant does. not flow just to one area, it flows to where it is needed at the time. Half the time the power flows north towards Anchorage and half the time it flows south. It is operated for the benefit of all customers. All the resources on the railbelt grid are necessary and the most efficient power generation is used ;first. Wick commented that while the 500-year flood concept was around in the 1950s, there are now better calculating methods and there is more historical rainfall information available. They are proposing to lower the spillway 4 feet, plus install a splash guard on top of the dam. CEA is concerned that if a signlflC<tiit flood c'verii uCeitrS, Arid the wafer level iS at ,:~5 permitted m xlmllmi le~lel of 121 f:'et, there is a possibility of the dam being overtopped, and damaged. CEA has voluntarily maintained the lake level at 1194 feet or less to prevent possible flooding problems. With the improvements proposed, they will be able to maintain a lake level between 1167 and 1206 feef, and will be better able to maximize production during low water months of the winter. He noted that if the water had not been held back at Cooper Lake during the Sept. `95 flood, the Kenai River would have realized 10% more water in the flood. Wick stated there may be ways to put water back into Cooper Creek in the future, but did not Iaiow if it could be returned to the sai~ne condition of the 1957 creek. Besides the contribution of Stetson Creekl the only time there is water in the creek is during flood stage. There are no gates to the dam to permit periodic releases from Cooper Lake. There was discussion of the costs of ntnning a hydroplant versus agas-generated or coat plant. With a hydroplant, capital costs of building the plant are embedded in it. As the plant is used and it ages, the cost of operation goes down. Richardson thanked the gentlemen for their presentation and then asked for public comment. PUBLIC CONdMENT Jim A. Richardson, representing the Fish for Cooper Creek Coalition, believed the facility never should have been built. The way projects are reviewed today, the facility would not have been built. He wanted to see Cooper Creek rehabilitated and the dam removed. He did not believe that Chugach Electric Association has a concern for the Kenai River. He felt there is no willingness to mitigate the damage that has occurred in the past. Cheap electricity may be great, but it is at a great social cost. .Tim A. Richardson spoke of two amendments attached to the re-licensing process. One deals with the increase in dam height and another deals with the improvements to the turbines. He felt they should be looked at in conjunction with the re-licensing process as CEA will try to use the capital'improvemenk' KenaiRiverSpecial Management January 14, 1999 Area Advisory Board Page 2 costs as justification for re-licensing in 2002. He spoke of KRSMA Board comments that have been disregarded in the past. He noted Chugach promised a public meeting with FERC, but it has not happened. Jim A. Richardson commented that American Rivers has requested to re-open the FERC process. If that is granted by FERC, that would re-start the licensing review based upon the fact that fish and wildlife impacts were not considered when they were given the original license. Navarre ingttiied if any fish information was available on Cooper Creek. Jim A. Richardson c~irmnented there were no formal studios but just vignettes from speaking with the Locals. Due to the skimpy level of review the project received in 1957, he did not believe Cooper Creek could ever be what it once was in the past. Amore realistic assessment would be to view it as to what the river could become. Jim H. Richardson asked if there was anyone else who wished to speak and there was none. Richardson stated the Board will continue to monitor the process very closely and then turned the meeting over to Chairman Wellman. B. Kenai River Water Quality Framework presentation -Michelle Brown, TNC: Michelle Brown passed out the final copy of the Framework for Water Quality Monitoring of the Kenai River. She stated the Kenai Water Quality Coalition Crroup would like: 1) to become asub-committee. of the KRSMA. Board and report their findings to them; 2) to find funding to get the program going; and 3) for the agencies to sign a Statement of Cooperation committing to share their data so that duplication of efforts will not occur. Traslcy recommended endorsement of the monitoring tamework. He stated the Kenai Watershed Forum has talked about overseeing the monitoring and 5-year updates. He also recommended setting up asub-committee. Brown stated a budget has not yet been set up but she estimated it to be about $10-12,000/year. The framework will monitor the mainstream of Kenai River. Tributaries may be monitored by non-profits with volunteers. ACTION TAKEN: MULLEN MOVED TO ESTABLISH TIIE KENAI WATER QUALITY COALITION SUB- COMMITTEE OF THE BOARD AND TO WORK TOGETHER ON WATER QUALITY ISSUES. LANCASTER SECONDED. Harp felt that as time goes on, the Coalition would become more and more important. Buchholz noted additional benefits with 319 grant being available for funding. Chase also noted that Fish & Wildlife Service might be able to match any non-federal partner's funding. Navarre .questioned how the Coalition was created and how it operated. Brown gave a history of the Coalition.- Navarre had concerns as to who would manage the funds. Brown commented that the Kenai River Special Management January14,1999 Area Advisory Board Page 3 Borough was willing to have the funding go through them. Wellman stated that if the Coalition was to be asub-committee of the Board, then who approves the appointments to The group. He asked Mullen to be a liaison between the Board and the Coalition. Wellman further stated these types of issues could be refined by next meeting. Ames commented that the Coalition has been one of the most popular and supported volunteer groups. The Coalition has always been faithful in reporting their activities to the Board. Harp thanked Brown for her work. Jim H. Richardson expressed support for the Coalition. VOTE ON MOTION TO ESTABLISH SUB-COMMITTEE: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION. [Break 835 p.m. - 8:50 p.m.] C. Presentation by Jim Stratton. Director DPOR and Marty Rutherford Deputy Commissioner. DNR Director Stratton amiounced that the Kenai River Special Management Area received the "Outstanding Public Partnership Award" from the Alaska Land Managers Forum. This award was won for the KRSMA staff working with the fifth grade class at Sterling Elementary School on the rehabilitation of the riverbank at Izaak Walton. It was a showcase project and the community was very involved. Director Stratton apologized for the length of time it took to get the Kenai River Plan published. He noted budget staff cuts were partly to blame. Now that the plan is out, the Board can focus on implementing the plan. Director Stratton discussed the proposed addition of 7,950 acres of land to KRSMA. A bill will be introduced shortly. He stated the legislative delegation from the Peninsula will need to support it and should also take a lead role in shepherding the bill through the process. He stated DNR can help by producing maps and informational flyers, but the Boazd needs to rally local constituent support and needs to communicate that support to the local legislators. He requested a legislative sub-committee be appointed to monitor the progress of the bill. Dep. Commissioner Rutherford noted that certain lands will not be added if the Kenai Peninsula Borough selects them and also that lauds northeast of Cooper Landing will not fall under the normal KRSMA mineral closure order, but would be managed under a leasehold location order, as agreed upon during the development of the plan. Chairman Wellman asked Lancaster to chair the legislative committee and appointed Mullen, Navarre, O'Reilly, and Moore to the committee. There was discussion about the bill and how it will be introduced. Navarre will introduce a resolution of support for the Borough Assembly. Lancaster has already begun working on a draft and will work with; Kenai River Special Maiiagemont January 14, 1999 Area Advisory Board Page 4 Navarre. Chaim~an Wellman thanked Dep. Commissioner Rutherford and requested her to exercise some influence in getting the other two public seats appointed. IV. OLD BUSINESS A. Prioritization of Projects1999 Degernes gave a brief breakdown of the 1999 project priority ranking and explained how the issues were ranked. Criteria use to develop the ranking included public sentiment, the level of threat to habitat and resources, public safety, resource or funding availability and political expediency. Richardson noted that land additions ranked second so the issue Director Stratton spoke of was already on the minds of people. He also noted that rehabilitation of Cooper Creek ranked in the top ten. He commented that some issues were self-motivated and wouldn't occur unless the Board and Parks initiate the progress; other issues were reactionary - we would have to respond to schedules developed by others. Navarre commented that efforts to accomplish all 20 issues wouldn't be successful, as they are too broad. He believed the Board should focus on the top three issues. King responded to ranking according to political expediency. Fie believed that just because an issue is tough to accomplish doesn't mean it shouldn't be attempted. ACTION: RIC,HARDSON MOVED FOR THE BOARD TO ADOPT THE FIRST TF.N ISSUES AS AREAS OF INTEREST AND FORM COMMITTEES TO FACILITIATE PROGRESS ON THEM, HARP SECONDED. Mullen had no problems with focusing on the first ten issues but cautioned the board to be open and flexible to look at other issues. Lancaster spoke for the City of Soldotna and stated that proposal to explore an alternate sewage outfall system wasn't very realistic at this time due to the SOK cost to conduct the feasibility study. Wellman stated these issues are all recommendations out of the Comprehensive Plan and he felt that the Board needs to start focusing and working on accomplishing those recommendations. He noted that some of the issues are still vague, such as the reference to rehabilitating Cooper Creek. VOTE ON MOTION TO ADOPT THE FIRST TEN ISSUES: MOTION PASSED: UNANIMOUS WITHOUT OB.TECTION Kenai River Special Management January 14, 1999 Area Advisory Board Page 5 B. Boat Wake Impaot Commttee Report Due to time constraints, Chairman Wellman requested postponing discussion until the next meeting. He suggested asking Joe Dorava to the next meeting. However, since people came to speak on this issue.' he asked that public testimony be taken. Jim Isham (sp?) stated he fully supports the study as he operates a bed & breakfast on the Kenai River and has watched his bank erode away, .He ~NOUId like: consideration of adding drift boats to the study in order to document the difference between powerboats and drift boats. Trasky noted that drift boats don't usually have wakes. He added if the shady was to be meaningful, data from both types of boats are needed for comparative purposes. He felt it would lend credibility to the study. C. Commercial Use Committee Report King reported that improvements on flee Commercial Use Frograrn are continuing. The £m~ee mandatory orientation meetings have been set for March 6 and May 8 in Soldotna, and June 5 in Cooper Landing. There was discussion of offering a video to those who absolutely could not attend. There would be a charge for the video as well as an examination. The videos would not be allowed Lentil all three meetings had concluded. The committee also discussed rental boat fees. Currently the fee is $250/business no matter how many boats he owns. The Committee recommends making it $250/business plus a $50/boat fee. PUBLIC COMMENT Arthur Schmidt; of Smitty's Salmon Safari, has been a guide on the river for many years. Due to health reasons, he no longer guides but rents four boats. The boats are generally rented for Less than three weeks per year. He noted that a guide uses the river the whole season and not just a couple of weeks. He approved of the $250/operator fee but objected to the $50/boat fee. He didn't think rental boats and guides should be targeted for extra fees. Don Cho, Kenai River Bend Resort Campgrolmd, stated they have a lot of rental boats on the river. He recorrunended $2d0/operator for a certain amolmt of boats and then a perlboat charge for excess boats. That way the smaller bed and breakfast owners wouldn't be hit as hard. Fisier commented she received comments from: 1) Steve Kohler, who owns four or five boats, saw no problem with the proposal; 2) Bill Switzer also had no problem; and 3) Ray Geerin, who rents four boats for two weeks out of the year in The upper river, believes the $250/operator plus his insurance costs are a fair contribution to parks and the fees sholdd not be raised. MOTION: KING MOVED TO ADOPT THE COMMTI'TEF,'S RECOMMENDATION OF $250/OPERATOR PLUS $SOII3OAT FOR THE BOAT RENTAL FEES. DEGERNES SECONDED. Harp felt there should be a small operator exemption with a mhiimum fee up to so many boats. Kenai RiverSpecial Management 'January 14, 1999 Area Advisory Board Page 6 Buchholz would also like to see a graduated scale. Chase felt the real issue is the number of days the boats are on the river, and rental boats are very limited. He favored a flat fee for small operators because four boats on a river for three weeks will do less damage than one guide boat on the river all season. Navarre discussed out-of--state guides and boat rental operators and the fee scheduled `charged: He felt there should be more sfizdy. Wellman stated after listening to testimony, he would favor $250/operator with up to five boats and then $50/boat for each additional. boat. This issue can be revisited next winter after seeing how it works during this summer. King felt it was unacceptable to allow some commercial users an incremental rate and not the others. Mullen believed anyone in a business takes a risk. She did not feel $50/boat was unreasonable. Navarre suggested the $250/operator with two boats and then $50/boat He did not see how rental boat operators would ever make as much as guides make. King argued that rental boats create the same type of boat wakes and leave the same types of damage. He felt they were getting a deal. Ames left the meeting at 9:56 p.m. VOTE ON MOTION TO ACCEPT PROPOSAL: Yes: King, Wellman, Mullen, O'Reitly, Whitmor~Painter, Lancaster, Trasly, Degernes No: Richardson, Navarre, Harp, Buchholz Abstain: Chase MOTION PASSED: 8 Yes, 4 N'o, l Abstain D Kenai Mountains National Heritage Area -Jim H. Richardson Richardson reported that asub-committee of the Kenai Historical Association has developed a proposal for a management group and more support from several organizations has been rendered. Wellman stated he has examined the material provided and he is satisfied that the Board would not be overstepping limits by supporting the proposal. MOTION: LANCASTER MOVEll TO BRING THE ISSUE BACK TO THE TABLE. BUCCHOLZ SECONDED. VOTE ON MOTION TO BRING ISSUE TO TABLE: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION Kenai River Special Management Jamtary 14, 1999 Area Advisory Board page ~ VOTE ON MOTION TO sF.ND LETTER: MOTION PASSED: UNANIMOUS WITHOUT OBJECTION E. Pernut Committee Report Fisler reported on the Chugach Electric re-licensing for Cooper Lake dam. The second amendment has been submitted 'for' re-licensing as discussed earlier. She stated the Division of %Governmental Coordination asked if the application should be reviewed under the auspices of the Coastal Zone Management Flan. After discussion, it was decided to stay with the first process since they were all interveners anyway and there would be a risk of having project determined as inconsistent and then elevated up. Fisler also reported on the Funny River road paving. Various agencies are giving DOT their comments on the project. Parks has requested the issues of salmon habitat and brown bear migration corridors be addressed. Chase commented that the refuge also addressed issues within the environmental evaluation. Fisler commented that more specific Language is being developed for Nationwide Permit #12 regarding local utilities. The US Corps of Engineers does not plan to have the permits in place until fall so the Kenai River Center sent amiotmcements to utility companies to be prepared to apply for permits for construction this smnmer. The final plans for the highway project near Quartz Creek have been received. DOT will apply for permits for the material site, gravel pit, and road alignment. Issues still concerning the agencies are: spur dike eonstnietion, the depth of the channels, adequate buffers along the creek, the pbads azzd water table, open arch culverts, and the beaver pond. It is difficiilt because DOT is relying on the contractor tt go to DEC for the asphalt permit if he wants to use the site. So at Phis time, the whole scope of the project is unknown. DOT claims there are no reasonable alternatives for gravel sites other than what they have chosen. Wellman felt another letter needed to be sent to DOT. The general pubLe h~~ restricfions to what can be done along the river and now a state agency is selecting a sensitive habitat area as a material site along the river. If The general public is restricted from it, why should a state agency be allowed? Wellman cannot believe that that is the only site in the area. He would rather spend extra dollars than run the risk of destroying a sensitive riverbank and habitat. Chase left the meeting at 10:15 p.m. Lancaster agreed if a response was not received, then another letter with stronger lang~iage needed to be sent. The letter should also request a response. The rest of the Board was in concurrence. (Later Note: Board letter on this issue was sent to DNR, Div. of Lands in response to the Kenai Area Plan Public Review Draft. DOT was ce'd, but was not directly asked to respond. Chris) V. PUBLIC COMMENT -None Kenai River Special Management January 14, 1999 Area Advisory Board Paee 8 VI. ADJOURNMENT A. Board Comments Trasky stated he was sorry to see Duane Harp go but wished him well. Degernes-stated she has learned a 1of from Duane. She thanked. him for his support and work on the liver... Buchholz wished Duane the best of luck. Lancaster noted it was nice to have the plan in hand and thanked Duane for his efforts. Richardson stated he appreciated Duane's work. Navarre requested a new board members list showing their numbers and listi,zg which committees they serve. O'Reilly appreciated the opportunity to serve and is looking forward to working on the Board. He wished Duane good luck in Montana. King stated that Duane was a "voice of reason" and thanked him for his work on the river. Flare stated he has served on the Board for close to ten years. When one looks back ten years, you can see the Board is malting adifference--especially the change in the public perception and concern about the river: The Board has been a catalyst in thatchange. He told the Board to "keep their eye on the prize" which is the Kenai River. Wellman also appreciated the efforts of Duane and wished him the best. He thanked Jim and Many for coming to the meeting. B. Date/Aeenda of Next Meetine The next regularly scheduled meeting would be February 18, which is during the Board of Fish meetings. Chairman Wellman requested the next meeting be Febniary 11, 1999. Having no further business. Chairman Wellman adioumed the meeting at 10:25 ,r,.m. Respectfully submitted, Earlene Reed, Recording Secretary for the Division of Parks & Outdoor Recreation Kenai River. Special Management January 14, 1999 Area Advisory Board Page 9 1'C 1V t IVE Special Management Area "Working together.../or the river" /1Dd~~OG3~ ~ OQG°3D ***Tentative Meeting Agenda*** T:.ursday, January 14, 1999 7:00 p.m. Kenai Peninsula Borough Assembly Cham bere•~~^ _ --~~-- I. CALL TO ORDER k ~ A. Roll Ca11 ia~-~ - ~°m B. Appr- _ ^f ~ :.1/12/9° ,.._.. _ ) ~.. Wn.m... _ ,. .,....a ,. ,._ C. Agenda Changes and Approval II. PUBLIC COMMENT III, NEW BUSINESS A. Update on Cooper Lake Hydro Project - Burke Wick, Chugach Electric Association B. Kenai River Water Quality Framework presentation - Michelle Brown, TNC C. Public Easement Request - Suzanne rr^isler IV. OLD BUSINESS A. Kenai Mountains National Heritage Area - Jim H. Richardson B. Commercial Use Committee Report C. Boat Wake Impact Committee Report D. Recreation impact Committee Report E. Permit Committee Report V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date(Agenda of Next Meeting. If you have any agenda additions or changes please ca11 either Ted Wellman at 257-5300 or Chris Degernes at 262-5581 by close of business January 13, 1999. PLEASE NOTICE THIS MONTH WE ARE BACK AT THE BORO ASSEMBLY CHAMBERS!! ~~~~ Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 I!~ Kenai Peninsula Borough, Box 850, Soldotna, AK 99659, Soldotna 2624441 _ p Alaska Division of Parks antl Ou[tloor Rec:ealion; Department of Natural Resources, in cooperation wHh the Kenai Peninsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, November 12, 1998 Cook Inlet Aquaculture Association Building I. CALL TO ORDER A. Roll Call: Chairman Wellman called the meeting to order at 7:10 p.m. Members Present: 7eff King, Ted Wellman, Jim H. Richardson. Peggy Mullen, Bram7on Ames, Ken Lancaster, Mark Chase, Duane Harp, Lance Trasky, Joe Moore, Chris Degernes Members Absent: Tirn Navarre, Les Buchholz B. Approval of 10/15/98 Minutes: Ames moved to approve the minutes. Hearing no objections, the minutes were approved as submitted. C. Agenda Changes and Approval: Chairman Wellman desired to moved New Business A) 1998-1999 Boaxd Strategy to the end of New Business. Ames requested to add Old Business P) Schedule of Proposed Actions for Environmental Analysis, for discussion purposes only. II. PUBLIC COMMENT -None III. NEW BUSINESS A. Kenai Mountains National Heritage Area -Jim H. Richardson Richardson discussed the handout regarding the Kenai Mountain National Heritage Corridor. The proposal would declare the region an area of national heritage and would make the area eligible for grants to pursue various historical purposes. The unifying characteristic of the area is geography and a common historical heritage. The area also has common modes of transportation such as the Iditarod Trail, the Alaska Railroad, the highway and various connecting trails. Kenai River Special Management Novcmb¢r 12, 1998 Area Advisory Board Page 1 The Historical Association is seeking support and making presentations to various orgaliizations, associations and agencies. They have already received several endorsement resolutions. Richardson would like for the Board to also support the proposal. Even though the Kenai River itself is not included in the area, Kenai Lake is included along with several State Park land units. The program is voluntary and there is no attachment to the land with this proposal. It could allow communities to improve their museums, trails, increase signage or any other community-driven project. Greater unity will develop between communities. The funding will be fimneied through the National Park Service, but they are not the managing agency. Richardson remarked that the word "heritage" has had some bad connotation from recent history, but again noted the program will not affect private property. He also said some people were concerned that the program might generate more tourists, Moore stated it sounded like a good program and inquired why the area was limited to that corridor. He believed the City of Kenai might be interested in being included in the proposal as the City has a similar gold rush history. Moore stated he would forward the packet to the Kenai Historic Board. Harp commented that the US Forest Service is supportive of the program as it is an opportunity to procure other funding sources. MOTION: MULLEN MOVED TO WRITE A LETTER OF SUPPORT FOR THE KENAI MOUNTAIN NATIONAL HERITAGE CORRIDOR. LANCASTER SECONDED. Wellman would like to see the enabling legislation before a vote of support is granted. He would like more time to investigate and lean? more about the program, especially since the Board took so much heat with the American Heritage River Program. Richardson stated the Historical Association is currently seeking endorsements. They will put the proposal together in Jamiary or February. MOTION: MULLEN MOVED TO TABLE UNTIL THE NEXT MEETING. Mullen requested a copy of the enabling legislation for Board members who desired to review it. Ke~iai River Special ManagemenC November 12, 1998 Area Advisory Hoard Page 2 B. Bi¢ P,ddy Flood Plain COE Re-Shrdy -Lisa Parker and Jane Gabler Ms. Gabler gave a brief mapping history of the Kenai River, which was mapped in the 70s. After theflood of 1995 itwas determined that areas flooded that were not supposed to flood, especially in the Big Eddy area. FEMA agreed to re-map the area and Gabler displayed the new map of the area. She noted the floodway had been increased while the height of the flood had beemreduced. Since there will be newrestrictions in the area, there will be a public hearing on December 2. Property owners in the area have been notified. After the public hearing, there will be a 90-day appeal period, however, technical documentation will be needed. If the maps are approved and a property owner wants to develop Land within the floodway, he will be required to have an architectural engineer prepare two hydraulic studies. Existing structures will be grandfathered and will not require the studies unless substantial improvement and construction occurs. Wellman asked about the kind of mitigation measures are being considered. Parker stated v~ill nat formiaate ideas until the measures are presented. They wt11 be evahiated on a case- by-case basis. C. 1998-1999 Board Strate~y Planning Session Degernes discussed the Summary of Recommendations and Accomplishments of the Kenai River Comprehensive Management Plari. She and Suzanne had gone through the plan point by point to identify the areas where recommendations were made and determined the status of each recommendation. She desired direction. from the Board as to the priority of tasks left to be accomplished. Harp inquired how the Parks budget operated to know which recommendations could be accomplished with discretionary funds and which would require special appropriations. Wellman believed the Board should identify what is important. If there is no appropriation for it, then the Board should be proactive in getting the money for Parks. Ames agreed that a priority list should not be dictated by lack of money. King desired more representation on the Board because four public member seats are still vacant. Degernes has been unsuccessful in getting appointments made. He urged the Board to send a letter to the Governor's office demanding the appointments be made because it is crippling the Board. The Board has always tried to have the public members be the driving force as opposed to the public agencies. A full complement of the public seats is imperative. Kenai River Special Management November 12, 1998 Area Advisory board Page 3 MOTION: LANCASTER MOVED TO SEND A LETTER TO THE GOVERNOR THROUGH THE COMMISSIONER REQUESTING BOARD APPOINTMENTS AS SOON AS POSSIBLE. AMES SECONDED. Degernes commented that she had hoped that some appointments would be made this afternoon but they did not come through. She pointed out with Osgood's recent resignation, the Board will be hard pressed to make quorums. She noted that Director Stratton has also been trying to get the appointments completed. MOTION PASSED: UNANIMOUS WITHOUT OBJECTION. Welhnan believed the first and utmost task is to get the plan accepted and adopted by the Borough. He appointed the following committee to work with the assembly in getting the Kenai River Comprehensive Plan adopted as part of the KPB Comprehensive Plan: Navarre (Chair), Lancaster, Ames, Degernes, Mullen, King, and Trasky. Discussion ttirned to the lack of a printed plan. The Board was informed that the plan is now at the printers and will be forthcoming. Lancaster noted that copies of the plan are necessary, as many assembly members have not seen it. If the plan is not received within the month, Wellman desired to send a letter to the Commissioner stating it is embarrassing that there is not a printed plan a year after approval. Wellman felt the Board is not getting much attention from the Commissioner or the Governor because the plan has not been printed and Board appointments have not been made. It is strangling the Board's effectiveness. Degernes slated the KRStviA land additions is another priority issue. Director Stratton will be lobbying and strategy needs to be developed. Concerns need to be identified as well as approaches to alleviate those concerns. It was decided to have a work session to develop and prioritize strategies. The work session will be December 7 at 3:00 p.m. in the Soldotna City Council Chambers. IV. OLD BUSINESS A. Water Quality Monitoring Framework Degernes reported that the Water Quality Monitoring Coalition has approved their draft plan. It is in the process of being printed and should be out for review within the next couple of weeks. At that time, the plans will be dropped off at the Kenai River Center for distribution. Michelle Brown would like to present the plan at the Board's next regular meeting. Kenai River Special Management November I2, 1998 Area Advisory F3oard Page 4 B. Commercial Use Committee Report King reported thaf the committee met and did some good brainstorming with the Alaska Wildland Adventures personnel concerning how to make the orientation program germane to both the upper and lower river. The committee will continue to clean up the stipulations and fine tune the orientation program. A copy of the Guide Code of Ethics was included in the packet for the Board's review. Disler stated that in January a letter will be sent to the guides which will summarize all the changes that developed this year. It will also contain the dates and location of all the orientations. She noted last year's orientation was voluntary; but beginning this year, it will be required for all guides. C. Boa± Wake Impact Committee Report Degernes reported that at the last meeting with the Corps, specific items (such as a summary and analysis report, the need to tie in previous boat wake studies, and that some of the tests be in the river) were related to Brenda Kerr. To date there has been no response from the Corps. Because there has been no progress with the Corps, Wellman and Degernes believed the Board should just go ahead and work with Joe Dorava. MOTION: DEGERNESS MOVED TO SHIFT THE BOARD'S ATTENTION FROM THE US CORPS OF ENGINEERS AND TO WORK WITH JOE DORAVA REGARDING THE BOAT WAKE STUDY. TRASKY SECONDED. Lancaster asked if there will be a problem in obtaining the funding for Dorava. Degernes stated they now have $120,000 between the two studies and it should be easy enough to get the money from F&G to Dorava. Mullen wanted to place a deadline of January 15 to hear from the Corps before moving onto .Toe Dorava. King felt it was a shame that it has gone this way because the Corns could raise the level of expertise for the project. Wellman stated the study needs to be believable and defensible as well as able to meet legal challenges. He saw nothing happening with the Corps, plus worried about the control of the study being lost. Trasky agreed and stated something needs to be accomplished this next summer. Lancaster called for the question. MOTION PASSED: UNANIMOUS WITHOUT OBJECTION Kenai River Special Management November 12, 1998 Area Advisory Board Page 5 D. Recreational Imnact Committee Renort Degernes reported the committee will meet with John Baker of the AG's office in December to discuss how to design a study that could meet legal challenges. E. Permit Committee Re>l ort Fisler reported the committee did not meet this month. She updated the Board regarding several issues. The highway realignment from Sunrise to Tern Lake is still on hold as no revisions have been received. To date DOT has not applied for a Nationwide permit. There is still a lot of discussion regarding the gravel pit site. Fisler also reported she flew over the Cooper Creelc drainage in a meeting at Cooper Lake recently with Chugach Electric and FERC. The December Z meeting has bean postponed tc January so that all interveners can meet. She hoped there would also be a meeting in Cooper Landing or Soldotna. The Nationwide Permit review is on hold. A draft Consistency Determinaticn was developed and teleconferences were held with agencies to obtain comments to try to iron out disagreements before it goes to public review. Those comments are currently being received. F. Schedule of Pronosed Actions for Environmental Analysis -Chugach National Forest Ames had some questions regarding mining claims and categorical exclusion issues. Harp explained that categorical exclusions are generally minor in nature, mom and pop type operations, with low impact and occur mostly in the mid-stream section. USFS still reviews rhem to keep rte impact lov/. Harp further reported that Red Smith's claim is a valid mining claim, however, what he has staked his claim for is not a locatable material so it was sent back. V. PUBLIC COMMENT-None VI. ADJOURNMDNT A. Board Comments Fisler appreciates all the work tlae committee members do. Degennes apologized for the department. She feels bad that the plan still has not been published and will do what she can to get it done. Trasky commended Degernes for her work on the plan accomplishments. He thought that Mayor Navarre and Assemblyman Torgerson should get a copy. KL"IffiI River Special ManagemeoP November 12, L998 Area Advisory Board Page 6 Richardson stated the list of accomplishments was substantial but noted more still needs to be done. Lancaster was disappointed with the lack of response from the Corps on the boat wake study. Ames spoke on the LWCF' funds and believed it was something the Board should support. Chase commented that the Moose Range Meadows parcel downstream from the Unocal site is nl the 65% design phase for facilities. He also noted the KNA land deal closed on November I0. ?-Tarp reported tine Cooper Lake FERC amendment is cur:-ertly'eeirg rewritten. H~ suggested inviting the contractor to attend a meeting. Harp also believed it would be helpful to pull all references of flee Borough out of the plan to see the scope that the Borough has within the plan. Trasky also announced that the Pat Carter land has been purchased with criminal settlement money. B. Date/AaendaofNextMeetina There will be no regular meeting in December, however, there will be a full board work session on December 7 at 3:00 p.m. in the Soldotna City Council Chambers. The next scheduled Board meeting will be on Thursday, January 14 in the Borough Assembly Chambers. Happy Holidays to everyone!! Respectfully submitted, Earlene Reed, Recording Secretary Kenai River Special Management November 12, 1998 Area Advisory Board pogo 7