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HomeMy WebLinkAbout1998-11-12 KRSMA Board Minutes'Special Ma age ~e~ntArea "Working fogeiher...lor fire river" CaD~`I~~OO G~~ ~ OL^aG~D ***Tentative Meeting Agenda*** Thursday, November 12, 1998 7:00 p.m. Cook Inlet Aquaculture Association Building K-Beach Road I. CALL TO ORDER A. Roll Call B, i~pproval of 10/15j 98 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III, NEW BUSINESS A. Marty Rutherford, Deputy Commissioner and Jim Stratton, Director B. 1598-1999 Board Strategy Planning Session C. Kenai Mountains National Heritage Area - Jim H. Richardson IV. OLD BUSINESS A. via ter Quality Monitoring Framework - Michelle Brown, TNC B. Commercial Use Committee Report C. Recreation Impact Committee Report D. Permit Committee Report - V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting. If you have any agenda changes, please call Chris Degernes at 26'2-5581 or Ted Wellman. at 257-5300 by close of business November 10, 1998. PLEASE NOTE CHANGE OF LOCATION FOR THIS MEETING! e Kenai Area Oftice, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 i'~-`~r...~,, Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 ~~ 'w\ Alaska Division of Parks antl Outtloor Recreation, Department of Natural Resources, In cooperation with the Kenai Peninsula Borough KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thtirsday, October 15, 1998 Cook Inlet Aquaculture Association Building K-Beach Road L CALL TO ORDER A. Roll Call: Chairman Wellman called the meeting to order at 7:00 p.m. Members Present: Jeff King, Ted Wellman, Tim H. Richardson, Peggy Mullen, Brannon Ames, Tim Navarre, Ken Lancaster, Robin West, Bill Shuster, Lance Trasky, Les Buchholz, Chris Degemes Members Absent: Stewart Osgood, Joe Moore B. Approval of 9/17/98 Minutes: Hearing no objections, the minutes were approved as written. C. Agenda Chances and Approval: Under New Business, the Board added Item E: Stahis Report on the KRSMA Plan and Discussion of Accomplishments. Under Old Business, the Board added item F: Status Repoli on the Water Quality Monitoring Study. There were no objections to the amended agenda. II. PLBLICCOMMENT -None III. NEW BUSINESS A. MP 373745 Sterlin Hi~hway Reconstruction =Laurie Muleahv Judy Dougherty and John Fri DOT: John Fritz, geologist for DOT, responded to a letter regarding the material site, 408A, in the Quartz Creek area that the Board sent after the September meeting. This gravel pit was identified several years ago. He stated several alternative sites were evaluated, however, those sites are almost depleted or the material was not suitable for road construction. This particular site has many good features such as relatively flat land, already established Kenai River Special Manage*.~ent Area October 15, 1998 P.dvi soxy Board Page 7, access, a good vegetative buffer, and a high water table which could aid hi the reclamation of the site as a potential fish pond. After the gravel is extracted, the preliminary reclamation plan will include a 10-acre pond ..set back about. 500 feet from the creek axed 200-300 feet ''from the road. 'It would line up with a culvert that has anadromous fish in_it: , He .commented on two other DOT reclamation project. sites on the Peninsula that have been successful. Some of the overburden and stumps would be put back into the water for 6sh cover. The alders & willows would be spread back around to re-seed and revegetate. DOT will develop the site incrementally. Over time they may have to come back and make another pond but would work sepazately from the first pond. They would then dig a channel to connect the ponds. DOT would want to develop some sort of management agreement with DNR and ADF&G manage the reclaimed area when they were finished with it. Little active management would be necessary. Mr. Fritz believed the site would have adequate gravel for the road construction project. Access would be obtained via an existing mining road and they would work away from the sub station. Mr. Fritz was unaware of bald eagle nests in the area and was advised to contact USF&W Service regarding that and other wildlife habitat issues. Lei~tz stated when loss of wetlands occurs DOT will have to identify how they will mitigate the site, and work with Fish & Game to come up with the specific design. There was discussion of the desire to keep the area isolated and restrict access as it may be critical habitat for brown bear. Discussion noted that ideas of moving the Cooper Landing rifle range to the area also would conflict with bear habitat sensitivity. Shuster noted that the ponds may not be seen from the highway, but the extracted gravel stockpiled above ground level would be easily visible during construction. DOT would s<art developing that area closest to the creek because that is where the water table is highest and it is close to three culverts that carried anadromous fish. The depth of the pond would be a maximum of 20 feet. The gravel pit is expected to fill up with groundwater. There will not be a net loss of groundwater but there will be exposure of the ground water. If it is done in a proper fashion, it won't be a predator pit and chances are it won't intpaci or dry lip other creeks. This project would Help" 20 expand the existing available fish habitat in the area. Further development of the site would take place farther back from the creek and then connect to the original pond. On the other hand, starting farther back would necessitate building a long chaimel to connect it to the culverts, and more recurring impacts as subsequent projects are done. There was discussion regarding alternative gravel pit sites. The site used in the past at Moose Pass is almost depleted, and what remains is needed by DOT for maintenance purposes. There is an extension area near there but it contains marginal mateiial. The site near Schooner Bend is unusable now because bf the trailhead, a I7S Forest Service road and cultural resource sites. Kenai River Special Mar.agerent Area October 15, 1998 Advisory Board Page 2 Judv Douehertv, DOT, stated the new road wIll be an upgraded two-lane road with passing zones. The road will also have wider shoulders and will basically follow the existing road alignment. DOT wants to develop the gravel site under a separate permit from the road constnzction project itself. Any mitigation. wouldbe tied to just the gravel extraction activities at 408A. Fisler stated it is difficult to took at the Site 408A gravel extraction as a separate project from the road construction project especially since DOT is just making the area available and not designating how it will be developed by the contractor. There was discussion of controlling the staging area and taking down fewer trees. The stockpiles will be temporary. The area will be left to naturally revegetate. If the contractor chooses to use the site, conditions can be placed in the specifications of the plan. If this site ,yeas not used, the contractor may have to go to Seward or Soldotna for gravel. There was discussion of other road projects and gravel requirements for them. Navarre advised not to let the contractors pick their staging areas. He believed DOT should work with F&G and state the location of the staging area will be located. There will be a 30-day public notice for comments. Wellman stated his concern about ugly gravel pits and would like to know more about the _ impact of the site other Than just the. gravel .extraction. He would like to know if other activities such as an asphalt plant would be allowed. Ifan asphalt plant was allowed, would another pond be developed for a settling pond for their particulates. Mr. Leipitz believed if a settling pond was established, the pit would have to be lined. Chairman Wellman thanked the representatives from DOT for their information and time. He hwited Laurie Mulcahy to address the MP 37-45 prcject at a future meeting. Chairman Wellman stated he would be willing to write another letter expressing concerns regarding the gravel extraction and on an asphalt plant. MOTION: Degernes moved to amend earlier comments to the llivision of Lands regarding 408A and would cautiously allow exploration of 8re site for a gravel resource but only with the assurance that the Departments of Fish & Game and Environmental Conservation will work with the Department of Transportation on mitigation and fish and wildlife concerns and environmental impacts. Richardson seconded. Richardson believed a more detailed concept plan is needed and other alternatives need to be sought.. Ile believed. the highway does need to be improved from a safety standpoint, but it should be done in an environmentally sensitive way. Kenai River Special Management area October 15, 1998 Advisory Board Page 3 VOTE ON MOTION TO ALLOW EXPLORATION OF SITE 408A FOR GRAVEL RESOURCE: MOTION PASSED:. Unanimous without objection. B. 1998 Law Enforcement Report =Rangier: Bill Berkhalm Ranger Berkhahn gave a report on the 1998 season law enforcement activities. The newest ranger completed his field training during the summer so now all four rangers are fitlly commissioned. Of the four law enforcement agencies that have a presence on the river, State Park Rangers are the prime law enforcement persomiel on the river and are well- trained professionals. He passed out a summary showing the law enforcement activities for the years 1995 through 1998. In 1998, 132 citations were issued by State Park Rangers and 18 citations were issued by ADF&G persoimel. Berkhahn commented that generally the registered guides are law abiding but noted that 14 citations were issued. tc guides (mostly for parking or non-payment of fees violations). It was also noted that number of citations issued were down. Possible reasons could be the munber of days rangers were on the water and differing enforcement methods, Pillars was now open, and the fishery itself was slower. Fisler noted she received fewer complaints this year from property owners regarding guide behavior, however, she's now receiving more complaints from guides about other guide behavior. The guides are beginning to police themselves and a higher standard of behauior is being expected. She noted that none of the seven grades that were suspended this year for citations in 1997 received any citations this season. There are two guides from this season that are candidates for 1999 suspensions. Degernes stated she believed next season Parks will have more ranger time on the river, with Ranger Hensel's field training now being complete. She conunented there is a proposal for ADF&G Sportfish to fund an additional law enforcement position that would be a floating position bet~,veen the Kenai, Kasilc~ Ninilchik, Deep Creek or Anchor River areas and would work wherever the fishing pressure is the greatest. Shuster suggested publishing the law enforcement and citation figures at the begimning of _ next season, not to show off quotas but to heighten awareness of law enforcement activities on the river. Berkhalm stated that even though he believed his officers did an adequate job on the river this past season, the law enforcement needs to be beefed up--not only Park Rangers but officers from other agencies need to become more involved on the river. C. 1998-1999 Board Strategiv Planningi Session Due to time constraints, this item was moved o next month's agenda. Kenai R_ver Special Management Area OctoUer 15, 1998 Advisory Board Page 4 D. Review of Board Applications Degernes stated the Board crurently has three vacancies and these vacancies have been advertised since September; although she believes personal recruiting is a more successful process. Three applications have been received from James Fassler, Robert Merchant, and J. Vincent O'Reilly. AnnfWhitmorePainter has indicated she would like to apply and an application is on the way. Degernes believed all applicants are good candidates. She noted that Ann Painter has a good working knowledge of The Moose Pass area and that Vince O'Reilly could be a good liaison with the City of Kenai. Wellman desired to send all four names to the Commissioner without specific comments one way or the other. E. Status of Plan Richardson stated the Plan was signed off by Commissioner Shively in December 1997, and part of the implementation of the recorrunendations was to have it available to the general public. He is very concerned that the final plan has not yet been printed. He commented it was hard to be effective without a printed copy in hand. He would like the final Plan iuunediately. Wellman noted-that nothing had been done on the plan for about a year so a conference was set up with Bntce Phelps. After a lot of dancingardund and skirting the issue, they said the plan would go to the printers the first week of November. Degemes stated she was unaware that nothing was being done until Bntce Phelps j~unped back into it and advised her. She noted that the Board does have a final plan, the narrative on Erie xeroxed copy has ilot changed. What we're waiting for is the plari version with all of the updated graphics and maps in a final, polished Form There was discussion of the need to have a final plan and possible need of political action if they are not soon received. Richardson would like a future agenda to include a discussion of the highlights and accomplishments of the plan. IV. OLD BtiSINDSS A. Boat Wake Impact Comrnittee Report Degemes reported there was ameeting with several interested persons to discuss and fmd some funding for Joe Dorava to finish his existing boat wake study. They also discussed the concerns the board expressed last month about our study being done on flat water rather than on the river. Even though it would be scientifically valid, the public may not accept it. Kenai River Special Management Area October 15, 1998 Advisory eoasd Page S They would like to corroborate some flat water studies with the river column data. The group would also like to piggyback the new information with existing information. F3renda Kerr gnd Joe Dorava will work on a revised draft.that will show how the new data will -tie in,with previous work, along with how they-will.develop a user-friendly-.report. Dorava will meet with Brenda Kerr prior to the next meeting to make sure they are on track with the draft. Wellman requested copies of the draft be sent to Board members prior to the next KRSMAmeeting. Hopefully, the Board can vote on a final plan in December. Joe Dorava wanted the Board to know that he is working closely with the Corps of Engineers for a unified effort. He stated the Waterways Experimental Station (WES) will bring a great deal of experience to the process as well as a funding mechanism. He realizes that the geoteehnica] portion of the study seemed too low a cost, but noted they are willing to subsidize the study because of the national interest. The people from WES are coming without salary and. cost of travel. He noted that to his knowledge, no such boat wake study has ever been done on any river. Ames stated there may be a study out of Mimlesota and the Kenai Watershed Forum is investigating. B. Guide Committee Renort King reported the committee has met and has set a regular meeting schedule for twice a month. The four issues they will discuss include: 1) the guide orientation, 2) permit stipulations, 3) rental boat fees, ai7d 4) guide fees. Wellman added that the possibility of a user fee was discussed; but since it would,affect all users and not just guides, the committee did not feel they. were. the appropriate committee to discuss this controversial issue: Wellman desired to form a subcommittee to discuss the user Fee issue, but will wait until new members are appointed to the Board. C. Recreation Impact Committee Re_, ort Degernes stated that the general public for years has requested that guides be limited; but past proposals could not pass due to constitutional constraints. Instead of the Attorney General's office reacting to otir• proposals, the Board would like them to work with Parks on developing a s*.udy or a process that could meet a constitutional challenge. She will be asking for a meeting with the Attorney General's office soon. She would also like to address what recreational impacts have changed and whether there has been a shift of tolerances toward those impacts. Wellman agreed: if the Board does not have the full engagement of the Attorney General's office in helping Parks through the various possibilities, then it is a waste of time. He would like the AG's office to work proactively with Parks and The Board. He will request through Commissioner Shively that someone be specifically assigned to help formulate ideas... We need some answers and not just a bunch of "no's" after the fact. Kenai River Special Management Area Octcber 15, 1998 Advisory Board pa e 6 4' D. PermiT Committee Report Filler reported that she did call FERC and talked to Ed Crouse. 'T`hey did indeed receive the advisory .board comments-and are considering them: Mr. Crouse stated there was a possibility that the draft-EA'would be revised grid They are also considering hiring consultants to conduct meetings to discuss the project. Trasky noted that Fish & Game didn't even receive the draft EA, and they are one of the intervenors. Filler also reported on a meeting concerning the Sterling Highway 37-45 Project, and her concerns regarding mitigation of the road impacting both Quartz and Daves Creeks, plus the Unit 408A gravel pit. She had concerns because DOT is trying to separate the gravel pit issue from the road issue. She believed The whole thing should be considered as one. She u~as alro concerned because they want the project addressed under a Nationwide Permit rather than an Individual Permit review. There was also discussion of alternative sites for the gravel pit. She voiced coneems of DOT not giving specific conditions for the use of the site but giving some contractor broad parameters for the site if he wants to use it. There are many impacts associated in developing the pond and staging in that area. Filler noted they were not on a time clock at the moment because DOT has wiThdrawn their Nationwide Permit request. When DOT reactivates the request, Parks will reiterate their concerns. Fisier also reported on the Nationwide Permits consistency tlnding and gave an overview of what was exempted iu relation to the Kenai Rivera The Corps has developed their own minimal conditions and the State is in the process of reviewing those. E. Water uality Studv Last Spring the Kenai River Water Quality Monitoring Coalition presented a draft of the framework of the water quality study. The document is currently in draft review stauis and the comment period will close November 4. Further revisions will be made and then presented to the subcommittee consisting of Ken Lancaster, Peggy Mullen and Les Buchholz. Buchholz requested that the revised draft be placed on the nextagenda for discussion. V. PUBLIC COiVIMENT -None VI. ADJOURNMENT A. Board Continents Ames pointed out that the Commissioner is in violation of the Board's by-laws by not appointing new members to the Board. He reiterated the need to have new members appointed immediately. Kenai River Special Management Area October 15, 1998 Advisory Board Page 7 Lancaster appreciated DOT sending representatives this evening but noted he is still concerned about the gravel pit. MOTION: NAVARRE MOVED TO REFERENCE THE BOARD'S CONCERNS IN THE LETTER TO THE COMMISSIONER REGARDING THE GRAVEL PERMIT AND ALSO COPY THE DIVISION OE LANDS WITI3 THE LETTER. LANCASTER SECONDED. MOTION PASSED UNANIMOUS WITHOUT OBJECTION. Mullen would like to get a copy of the EVOS study regarding the effects on salmon because she thought it may help the Board's miderstanding. West spoke on recent KNWR acquisitions which will be developed for recreational access. Shuster stated that DOT is looking at another project at Mile 8-18.5, Seward Highway, that will impact the Kenai River drainage. He also reported there was a water quality survey done along the Kenai River looking at human waste. He believed there may be a time the Board would want to voice concern over the amount of human waste along the river and address DOT about their responsibility in developing more rest stops to help reduce the waste. Navarre stated he is committed to getting the KRSMA Plan adopted by the Assembly. He looks forward to seeing the final plan. Richardson stated DNR and Parks should be commended for the unique planning process they went through in developing the plans. It was a cooperative effort. B. Date/Agenda of Nett Meetine The November meeting will be a week earlier on November 12. Having no further business, Chairman Wellman adjoluned the meeting at 10:15 p.m. Respect'i.11y submitted, Earlene Reed, Recording Secretary Division of Parks & Outdoor Recreation Kenai River Special t^.anagement Area October 15, 1998 P.dvisory Board Page B I RIV Special Management Area "Working togefhec..lor fhe river" QD V ~~0~ tl ° OLr.1~D ***Tentative Meeting Agenda*** Thursday, October 15, 1998 7:00 p.m. Cook Inlet Aguaculture ~ g,r m; ~-,-_ Association Building ~ I ~~ '~qi ~~' K-Beach Road ~ R '" --~~~.,,.n ~ I. CALL TO ORDER A. Ro11 Call B. Appre-~;al of 9/17j 98 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS t r t ~ s t ~ a i. .,.. } t.. A. MP 37-45 Sterling 'rIighway Reconstruction - Laurie Mulcahy and John Fritz. DOT B. 1998 Law Enforcement Report - Ranger Bi11 Berkhahn C. 1998-1.999 Board Strategy Planning Session D. Review of Board, Applications IV. OLD BUSINESS A. Boat Wake Impact Committee Report B. Guide Committee Report C. Recreation Impact Committee Report D. Permit Committee Report V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting. If you have any agenda changes, please call Chris Degernes at 262-5581 or Ted Wellman at 257-5300 by close of business October 14, 1998. PLEASE NOTE CHANGE OF LOCATION FOR THIS MEETING! re~ Kenai Area Oftice, Box 7247, Soldotna, AK 99669, Soldotna 262-5587 ~, 7 ~ Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 i p Alaska Division of Parks and Outtloor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. ~\ _ KENAI RIVER SPECIAL MANAGEMENT AREA ADVIS®RY BOARD Thursday, September 17, 1998 Kenai Peninsula Borough Assembly Chambers I. CALL TO ORDER A. Roll Call: Vice-Chair Wellman called the meeting to order at 7:00 p.m. Members Present: Jeff King, Ted Wellman, Peggy Mullen, Brannon Ames, Stewart Osgood, Tim Navarre, Ken Lancaster, Robin West, Bill Shuster, Les Buchholz, Chris Degernes Members Absent: Jim H. Richardson, Lance Trasky, Joe Iviooxe B. Approval of Minutes: MOTION: Degemes moved for approval of the May 21, 1998 minutes. Lancaster seconded. MOTION PASSED: Unanimous without objection. C. Agenda Chances and Approval: There were no changes to the agenda. II. PUBLIC COMMENTCOMMENT -None III. NEW BUSINESS A. Board Officer Selection: Vice-President Wellman announced that Ben Ellis has taken a job in Seward and has resigned. A new President needed to be selected. iviCTlai~l: La1:CaSter nomrnated Ted ZVell??lan fnr Presldent. Shuster seconded. MOTION PASSED: Unanimous without objection. MOTION: Degernes nominated Jim H. Richardson as Vice- President. Lancaster seconded. MOTION PASSED: Unanimous without objection. B. 1998 Kenai River Operations -Bill Berkhahn, Suzanne Fisler Fisler distributed a packet containing Kenai River Guide statistics. She noted this year's guide total was down. She speculated the reason may be partially due to Parks becoming more serious Kenai River Special Management September 17, 1998 Advisory Board Page 1 about commercial operations by setting more stringent criteria for the guides. The poor fishery this year may also be a factor. King agreed that the business is not what it used to be and was connected to the dynamics of the fishery. He felt Fish & Game counts would probably agree with what was noted in the packet. There was discussion regarding non-residents and increased fees. Many non-residents are waiting to see what will happen with the fee structure. King believed that non-residents are usually the most committed guides because they have more burdens in establishing their business here. Fisler stated she could try to develop statistics for guides in other areas but commented she would have to rely on F&G information because in the Deep Creek and Ninilchilc area many guides use the private sector for access, and not Parks. King would also like to know the number and type of guide stipulation violations there were. He noted the Sport Pish Division did not write many tickets and mostly gave warnings. Ranger Berkhahn reported the new ranger completed his field training program this summer so next year if the carne funding levels 2-re kept the Kenai Ricer should harre four fully trained rangers patrolling it. He noted the Kenai River District utilized 19 volunteers who worked as campground hosts or ranger assistants and volunteered approximately ].1,000 hours for the river program. Ranger Berkhahn commented on the Kenai River projects noting all the 1998 season goals were accomplished. The Moose River project at Izaak Walton was successful in helping to restore 360 feet of riverbank, through the efforts of the Sterling Elementary Adopt-a-Stream program, and the efforts of local contractors donating time and materials. New stairways and trail access improvements were made, and asix-panel. information kiosk with landscaping was also constructed. The new Bing's Landing Campground is fully operational. Governor Knowles and Commissioner Shively attended the dedication in early July. In addition to the campground, a new trail was established. The new trail helped to concentrate the multiple trails to the river into one. The Bing's Landing Boat Launch improvement is now being completed. It will inchide an observation deck with a handicap fishing area and boat tie up areas. Downstream in the main rapids fishing area. a neyc• rest rnnm has also been CC;lstrr:Cted. Ber ui.ab ; believed the aver iioiit is beginning tv look like it should. EVOS projects have been completed with walkways and stairways at Funny River and Ciechanski. There are now interpretive panels in these two areas as well as at the Big Eddy site. Anew handicap-accessible trail was completed at Morgan's Landing to provide access from the parking area and the river. Berkhahn further reported that volunteer staff took over the normal day-to-day maintenance of facilities so that rangers could be on the river for enforcement. He wished the rangers could have done more but believed enforcement was adequate with the limited ranger staff. The rangers tried to respond to complaints, with public safety on the river being the priority. Berkhahn commented that the USCG also accompanied the rangers six times this season. Berkhahn looks forward to next season with four dully trained rangers. He hopes to do more bank restoration projection and is currently preparing a list which includes Honeymoon Cove, and Falling-In Hole. Other projects wi1I include an upgraded walkway at Kenai River Flats, a protected boat parking area at Izaak Walton, upgraded day use area and improved parking at Morgan's Landing. New markers will be placed to delineate the jetski area on Kenai Lake. More signs need to be posted regarding riverbanks closed for habitat protection. Kenai River Special Management September 17, 1998 Advisory Board Page 2 Wellman requested statistics regarding citations: the number and type of violations as well as how many guides were cited. King also requested a report as to what follow-up occurred regarding guide/commercial operator violations. Fisler commented that Bill Berldialm has done a great job in his first year managing The field operatioils on the Kenai River. Degernes distributed a report noting the 1998 fee collection for the Kenai River unitsand noted that nearly half of the Kenai Area's revemtes come from the Kenai River units. Fees include those collected from commercial operators, camping, boat launch use and day use parking fees. C. Boat Wake Impact Studv. Update on Corps of Engineers' Kenai River proiects, Brenda Kerr Brenda Kerr stated since the last meeting she has met with many different people involved with the Kenai River watershed to see how the COE could help to implement programs or studies. She sent Joe Dorava's study to the staff at Mississippi's Waterways Experiment Station (WES) to get their input regarding a new boat wake study. Hydrologic models are needed, and prototype testing should be done in a controlled manner. WBS believed that performing the tests in the Kenai River would not be a controlled enviromnent as there are too many variables to get meaningful results. Stormy Lake (or an equivalent local lake without a lot of boating traffic) was suggested as an alternative. The objective is to sift out those different variables and determine which condition ach:ally carrelates with a certain wave. The cost of the proposed study would be $111,265 with the COE contributing half. Kerr noted that the sponsor could receive credit for the cost share by providing boats, fuel, personnel, and maintenance support. She stated once the testing was done, she would like to create a meaningful, user-friendly report. She requested ideas from the Board as to what should be in the report. There was discussion regardn~rg the testing in still waters such as Stormy Lake versus the Kenai River. Ames felt the still water would negate the purpose of the testing. King believed it would be impossible to get conclusive, meaningful results in still water. Mullen asked to do at least 10 percent of the tests in the Kenai River to get a correlation. Believable information is needed and no one will believe the information if there was no testing on the river itself. Buchholz inquired if the money that DEC contributed to USGS, (Clean Water Act 319 funds), would be considered as matching funds and also if money authorized to Joe Dorava could be included. Kerr will check with the attorneys. Lancaster believed the $12,000 figure for the erodability study was way too low because of the many different bank types of the Kenai River. Wellman appointed Degernes, King, Osgood, and Trasky to a committee to scope out and model a study to bring back to the Board. D. Kenai Area Plan Discussion Degernes reported that DNR is conducting workshops for the public review draft of the Kenai Area Plan which includes reclassifying state lands within the Kenai Peninsula Borough, including large areas of state lands in the Caribou Hills and Resurrection Bay areas. She recommended that the Board urge DNR to adopt the Kenai River Comp Plan land addition recommendations into the Kenai Area Plan, as the draft KAP reconunends. "I1rat way, the two plans are consistent with each area. During the review itwas noted that a 120-acre parcel (408A) in Cooper handing near Quartz Kenai River Special Management September L7, I998 Advisory Board Page 3 Creek was missed in the Comp Plan discussions and has been designated as a material site in the Kenai Area Plan. DOT is interested in the parcel for a gravel pit for future road construction, including the MP 37-45 highway rebuild scheduled for 1999. This parcel is important riparian habitat land adjacent to both Quartz and Dave's Creeks, has many mature cottonwood trees (eagle roosting/nesting), and may be important brown bear habitat. She suggested the Board may want to recommend to DOT the 'following scenarios: 1) find another source entirely, 2) look for gravel resources within Parce1408C which is further away from the road and creeks, or 3) work with biologists in locating a site within. 408A that would provide the least ainotmt of impact and then develop :only the area minimally needed. Degernes stated the Board could also recommend to 'DNR that they reclassify 408A and designate it for habitat (which does not preclude material extraction but limits it} or they couldYequest that 408C (which is currently designated as Dispersed Use for public recreation) be retained in continued state ownership so that DOT can evahtate potential gravel resources in this trait for development. She requested feedback from the Board. Shuster commented that the MP 37-45 road construction did not include any horizontal realignment of the road but was just a widening of the right-of--way. He further noted that Chugach Electric was also concerned that a gravel pit could be developed so close to their sub station. Shuster behoves that Chugach Electric also will'ise voicutg their concerns. Lancaster believed there were other gravel sources in the area and there was no reason to open a new one now. MOTION: MULLEN MOVED TO RECOMMEND WRITING A LETTER TO DOT URGING THEM TO WORK WITH HYDROLOGISTS AND BIOLOGISTS EVERY TIME THEY CONSIDER A NEW MATERIAL SITE. FURTHER, SHE RECOMMENDED THE BOARll PROVIDE THREE OPTIONS TO DOT FOR GRAVEL RESOURCES: 1) CONSIDER ANOTHER SITE BESIDES UNIT 408A; 2) LOCATE ALTERNATE GRAVEL RESOURCES WITHIN ADJACENT'JPdI T 4080; OR, 3) LOCATE GRAVEL DEVELOPMENT WITHIN UNIT 408A ONLY IE NO FEASIBLE ALTERNATIVE EXISTS, AND THEN ONLY IF THE EXTRACTION CAN BE DONE IN A WAY THAT MINIMIZES IMPACTS ON QUARTZ AND DAVE'S CREEKS. LANCASTER SECONDED. MOTION PASSED: UNANIMOUS WITHOUT OBJECTION. Staff is to prepare a letter to DOT with these options outlined. The Board then discussed the recommendation to ensure the new lands to be added to KRSMA are included in the Kenai Area Plan also. MOTION: LANCASTER MOVED TO INCLUDE THE ADDITIONS IN THE KENAI AREA PLAN AND Kenai River Special ManagemenC September 17, 1998 Advisory Board Page 4 TO AFFIRM WHAT WAS DONE IN THE COIVIP PLAN. MULLEN SECONDED. MOTION PASSED: UNANIMOUS WITHOUT OBJECTION. E. Guide Orientation - Change to Guide Re~uiations: The guide committee needs to be reactivated to discuss how the orientation"program changed things this season and whether or not further changes were necessary. King and Wellman were appointed. Degernes offered to serve on the committee. It was felt that another sport fisherman was needed for the committee. Eisler noted that this season the orientation was voluntary and that it will be mandatory next year. IV. OLD BUSINESS A. Recreation Impact Study Wellman noted that a key element in the Comp Plan was the recreation impact, or overcrowding, study. Degernes stated that Fish & Game has allocated $120,000 for both the recreation impact and boat wake studies, but the exact amount for each study has not been locked in. She recently met with Mike Mills of ADF&G, who will be distributing the funds. Objectives of the impact study are to see if the recreational uses and impacts are different now and to see if people are willing to accept management alternatives. Another is to look at how guided or non-guided activities differ on the river, and see if we can distinguish behavioral differences that are significant. Degernes also met with Greg Brown of Alaska Pacific university. He would like to get his students involved in the study. She hopes that the study would not be designed as a "single-shot" study but an ongoing one, so that recreational impacts can be monitored over time. The objectives need to be established and the ways to meet those objectives need to be developed. Wellman appointed a recreation committee: Osgood (Chair), Degernes, King, and West. B. Permit Committee Report 1) Sterling FIighwav Protect. MP 37 to MP 45. Filler reported that it was during a field trip from Sunrise Inn to Tern Lake with the Borough, ADF&G, DOT, EPA, USF&W, and USES regarding this project that the gravel pit discussed earlier was brought to light. Because of the irnpaets of the higl.way gnirg t?:.~»ugi? wetlands, DOT WiL come bask with new plans for highway alignment. There will be opportunities for mitigation. While there is a public safety • need to have an improved road, it does go through a critical habitat area. Eisler felt it was important for all the agencies to discuss mitigation and have one voice. 2) Nationwide Permits. While putting together a response to DGC, Eisler came to the conclusion that the Board should look at all of the Nationwide Permits. A packet was distributed to explain the Nationwide Permits and what is currently in the permits. She suggested the Board should write a letter to the Commissioner expressing their thoughts. Wellman stated the letter should be written through the permit committee with the concurrence of the Board. The Permit Committee consisting of Harp, Lancaster, Wellman, Richardson, and Eisler will Kenai River Special Management September 17, 1998 Advisory I3oard Page 5 meet to work on a draft letter. 3) Cooner Lake Hvdro Project. Fisler stated a letter was sent to FERC stating there were serious concerns with errors in the Draft Environmental. Assessment for the Cooper Lake Hydro Project. To date FERC has not responded. Fisler will investigate to see if they even received the letter. Shuster reported he will meet with FERC on September 1 to learn how their process works. USFS has been working on the watershed analysis of Cooper Creek for over a year now and hopes to complete it by Spring. He stated that Chugach Electric also drafted a response regarding the inaccuracies in the Draft EA. Wellman announced he will not participate in discussion regarding the Cooper Lake Hydro project because of a conflict of interest. C: Guide Committee Report King stated now that The busy summertime season is over, he will be calling a meeting to discuss guide isst:es. V. PUBLIC COMR4ENT -None IV. ADJOURNMENT A. Board Comments: West reported that the Kenai National Wildlife Refuge had a good sLUnmer with average visitation. I3e announced October is National Wildlife month and invited everyone to attend an open house at the Visitor Center on Saturday, October 3. Osgood suggested placing signs at trailheads when the refuge is burning. He and his family were hiking one day and came across a lot of smoke which made them nervous because they weren't sure if it was a wildfire or a controlled burn. hung c.,...mented that Ben Ellis was presented with an honorary guide permit d-uiing his going- away party. Lancaster inquired when the final plan will be published. Degernes informed him that the graphic re-work is almost complete. She hoped it will be in about two weeks and apologized for its lateness. Niulien stated she was just back from a conference in Portland that dealt with the intercomlection between land use and transportation. She is currently asking for ideas on how to handle transportation needs with the influx of population and tourism. She wants to be proactive in this matter and felt the Borough should be looking for railroad rights-of-way. Degernes reminded everyone that there are currently three positions vacant on the Board and to be actively recruiting any qualified candidates. She hope to have a list of applicants at the next meeting for the Board to review. Buchholz stated he has been busy This summer with the Kenai River Watershed forum. He noted the Youth Restoration Corps did some work along the river. Ames requested a letter of appreciation be sent to Ben Ellis for all his work on the Board. Kenai River Special ivtanxoement September 17, 1998 Advisory F3oard Page 6 Shuster reported that Phase I on the Russian River was completed and many good comments have been received. Wellman agreed that a Letter of appreciation should be sent to Ben Ellis. Mullen requested letters also be sent to the volunteers who worked on the Kenai River this past summer. B. Date/A~enda of Next Meeting: The next Board meeting will be October 15, 1998. The meeting will be at Cook Inlet Aquacult~re as the Borough Assembly Chambers is unavailable on that date. Having no further business, Chairman Wellman adjourned the meeting at 10:00 p.m. Respectfully submitted, Earlene Reed, Recording Secretary Kenai River Special Ma~iagement September 19, 1998 Advisory Board Page 7 KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, May 21, 1998 Kenai Peninsula Borough Assembly Chambers I CALL TO ORDER A. Roll Call: Chairman Ellis called the meeting to order at 7:00 p.m. Members Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mullen, Ben Ellis, Terry Bendock, Ken Lancaster, Robin West, Bill Schuster, Lance Trasky, Chris Degernes, Les Buchholz Members Absent: B. Approval Of Minutes: Brannon Ames, Stuart Osgood, Tim Navarre, Joe Moore Hearing no objections, the minutes were approved as presented. C. Aqenda Chances and Approval: Mullen requested to add Item F) Discussion of DOT Salt Pile under New Business. Item C) Funny River Bridge Committee Report Update was added under Old Business. II. PUBLIC COMI3ENT - None III. NEW BUSINESS A. Kenai River Boat Wake Studv/Vessel Studv - Kevin Delaney, Director ADF&G Sportf ish Kevin Delanev addressed the Board regarding the Kenai River Boat Wake and Vessel Capacity Study. The Sportf ish Division stepped in to provide funding from fishing license fees for both studies because they felt the studies were important to the river. Wellman appreciated the help and wanted to know how the Board could work with ADF&G. Mr. Delaney believed the Board could be a valuable liaison with ADF&G and Parks. Chairman Ellis noted that APU could also be brought in to help with the Vessel Crowding Study portion. Mr. Delaney commented that Representative Gary Davis was instrumental in getting the amendment on the floor and passed. Degernes expressed hope that the Boat Wake study would occur this summer as long as everyone was comfortable with the draft methodology the Board worked out earlier in the year. The federal funding Mr. Dorava had obtained ends Kenai River Special Management Area May 21, 1998 Advisory Board Pa e 1 4 at the end of the federal fiscal year on Sept. 30. Degernes further discussed the Vessel Crowding Study. She spoke with Greg Brown,` APiT~who has had experience regarding recreation impact and tolerance studies. He thought it was a good project for he and his students to workf on. He also may be able to develop an ongoing program using grad students. He did caution not to rush into the project, to evaluate the needs to be included, and to make sure the public was involved. Wellman also wants the Attorney's General office to review it to make sure the study could provide us with data that allows us to make enforceable decisions. Chairman Ellis appreciated the efforts of ADF&G and Representative Davis regarding the amendment. He was pleased to have funding secured which will help implement recommendations that are in the comprehensive plan. B. Kenai River Watershed Study - Corps of Engineer Brenda Kerr Brenda Kerr represented the Alaska District of the U.S. Corps of Engineers, project formulation section. Her agency would like to start a watershed study for the Kenai River. The Corps of Engineers is new to the watershed planning process. She explained the Corps operates under two phases. The first phase is to go to the watersheds to identify partners or sponsors who want to go forward with further studies. The first phase is 100°s federally funded. If potential sponsors are found to develop a watershed planning effort, the second phase would have shared 50-50 costs. She provided brochures to further explain the program. She would like to meet with interested people and groups who have ideas and would like to go forward with a watershed plan. She shared information about other programs under the auspices of the Corps. Trasky inquired if the matching funds were only for projects related to navigable waters or wetlands. She explained environmental restoration is the main emphasis but would look at flood control and hydropower. Trasky inquired if the Boat Wake Study would be a project they could undertake. Ms. Kerr stated that ccul3 pcs~i'-ly fit into the ro rata p g' but they couldn't use other federal funding as a match with the Corps' money. A detailed plan of the study and a financial cost sharing agreement would be required. She was unsure if the funding could be piecemealed and recommended getting the entire funding at one time. Chairman Ellis noted that the Boat Wake Study, as well as others, were well documented in the Kenai River Comprehensive Management Plan. Schuster spoke regarding USFS's watershed analysis of Cooper Creek, a tributary of the Kenai River. He would like to coordinate with her program if at all possible. Ms. Kerr has spoken with Dave Blanchet regarding the project already. Richardson wondered if the program could enter into a funding agreement with a non-profit organization. Ms. Kerr stated non-profit groups are a good source for matching funds. Degernes asked if the Kenai River Comprehensive Plan could be adopted as part of their watershed plan and if the program could work with ....Parks regarding the implementation of the plan. She read a list of severali recommended studies in the plan. Ms. Kerr would like to look at the plan Kenai River Special Management Area May 21, 1998 Advisory Board Page 2 with Parks. An updated flood plain study may be a study to focus upon and Ms. Kerr will attempt to coordinate with FEMA. Mullen noted that the Kenai River needs help on the prevention end of the spectrum as the river has not been degraded to the extent of many other American rivers. Ms. Kerr indicated they did have authorities such as planning assistance that could be geared towards prevention. Management plans do provide environmental benefits. Ms. Kerr noted that water quality studies would come ~.u'lder EPA's jurisdicticn. Chairman Ellis formed a committee to work with the Corps regarding their program. Those serving on the committee are: Ellis, Trasky, Mullen, Degernes, and Richardson. C. Izaak Walton/Moose River Restoration - Ranger Bill Berkhahn Ranger Berkhahn provided background regarding school groups that are involved with the Adopt-A-Stream Program. The Sterling Elemeaary 5"' grade class adopted Moose River about three years ago. The students were involved with data collection last Fall. Last week the class was involved in a restoration project and helped to rebuild and restore 350 ft. of riverbank at the confluence of the Moose & Kenai Rivers. By the end of June there should be a lush riparian zone at that location. Low profile fencing will be placed to keep people out, however, Ranger Berkhahn pointed out that sport fishing access is not hindered by the project as walkways will also be constructed. Ranger Berkhahn noted money left from the project will be used to develop interpretive kiosks and landscaping for the small cabin at the entrance to Izaak Walton. Degernes asked Chairman Ellis if he could arrange for Governor Knowles to dedicate the project when he is here for the Kenai River Classic. Ellis will try to work out the scheduling. He noted Governor Knowles will also be in Seward on July 4`h to dedicate the new Park project at Lowell Point. Ellis .:ill als., wry to get tre students to attend the next meeting so t'tle Board can thank them for their efforts. D. CZRI Selections - Russian River/Kenai River Area - Refuge Manager Robin West West distributed a handout illustrating the selections. He stated the sites at Kussian River have been selected for 20 years. The initial selections were small but they have expanded over time. The area is rich in cultural resources as well as other public value. BLM is preparing to adjudicate the selections. There will be no public process in the adjudication. Whatever the outcome, he believed there will be appeals and more litigation. At this time the Refuge is placing all revenue generated from their property in this area in escrow and any developments or improvements placed on the property is done only with the consensus of CIRI. He commented that CIRI has acknowledged the public value of the area and has not made any statements about closing the fishing in the area. Kenai River Special Management Area May 21, 1998 Advisory Board Page 3 E. 9uartz Creek Campground Rehabilitation Update - USFS Schuster passed out a news release explaining the permanent closure of Tern Lake Campground and the temporary closure for rehabilitation construction of. Quartz Creek Campground. He noted that the new boat ramp will charge:r:a fee: and that may cause problems. Lancaster was glad to see the park being upgraded. Degernes stated Parks will try to monitor possible problems that may occur due to the campground closures this summer as people try to seek out other spots to camp. F) DOT Salt Pile: Mullen passed around photographs depicting an area of dead trees in the drainage area near the DOT salt pile. She believed the Board needed to compose a letter to Governor Knowles and DOT requesting that the pile be removed and that the area be excavated to remove the salty soil. MOTION: DEGERNES MOVED TO REQUEST COMMISSIONER SHIVELY TO WRZTH A LETTER TO DOT AND THE GOVERNOR REGARDING THE DOT SALT PILH REQUESTING THAT IT BE REMOVED. TRASKY SECONDED. Trasky recommended that the photographs be included in the .letter. Lancaster noted that many attempts have been made to get DOT to move the pile. Promises have been made throughout the years but there has been no action. He has even spoken to the Governor regarding the pile. Chairman Ellis recommended giving the Governor, DOT, and local legislators a` copy of the letter to Commissioner Shively. He also recommended the Kenai River Comprehensive Management Plan be referenced in the letter of request. VOTE ON MOTION TO REQUEST COMMISSIONER SHIVELY TO WRITE LETTER: MOTION PASSED: UNANIMOUS WITHOUT OBR7ECTION Trasky will draft a letter to the Commissioner. IV. OLD BVSINESS A) Update on NWP: Trasky reported that the letter was written and sent, and that he expected that nothing else will probably happen until the fall. B) Status of Regulations adopted by Commissioner.Shively 5/12/98: Degernes reported that the regulation packet was a laydown item for the Board. She pointed out the differences between the regulations that the Board had originally recommended for approval and what was actually adopted by Commissioner Shively. Landowners directly adjacent to the Kenai River downstream from river mile 80.7 will be authorized to apply for a non-transferable permit to continue ', to use a powerboat from RM 80.7 downstream to Cooper Creek. The section Kenai River Special Management Area May 21, 1998 Advisory Board Page 4 between RM 80.7 downstream to Skilak Lake will be non-motorized for all others. The permittees will have a limit of 5 years for this permit. The provision that addressed the anchoring of boat on Xenai and Skilak Lakes will be limited to 15 days in a 30-day period as it was felt a 72-hour limit would preclude hunters from anchoring while hunting, or other legitimate recreational use on the lake. This will also coincide with the campground stay limitation. Degernes reported that the jet ski provision the Board had worked on went through also. The next step is to have the Department of Law review once again before it goes to Lt. Governor Ulmer for signature. Once she signs it, it will become law 30 days afterwards. (Note: Lt. Gov. Fran Ulmer signed the regulations into law on June 1 and following a required 30 day notice, they will be in effect on June 30) C) Funnv River Bridae Committee• Degernes reported that a lot has changed since the Board last met. The Coastal Zone review has been suspended and no permit are being sought now. DOT has indicated they want to move ahead with finalization of the Final Environmental Impact Statement so this portion of the process can be completed. The Committee will continue to monitor and will report back to the Board. 1t is expected that some sort of community ecllaborative process may be developed to try to resolve some of the potential secondary development impact issues associated with the bridge. D) Water Oualitv Committee Update: Richardson commented that during Michelle Brown's presentation she had asked if it would be appropriate for her group to be a standing sub-committee making reports back to the Board. Chairman E11is believed the Water Quality Coalition was already an adhoc committee of the Board. Buchholz stated the Coalition has finished the initial stages for the water monitoring plan which should be ready for comment this summer. The committee wants to interface with the Board and is willing to make a presentation when the comments are back. Mullen believed the group was off to a wonderful start. She would like to clarify the fact that the Coalition is under the umbrella of the Board. Chairman Ellis stated there was no question that the Board supports the Coalition. He is glad to see there are groups willing to assist in carrying out the plan. MOTION: RICHARDSON MADE A MOTION TO SEND A LETTER TO MICHELLE BROWN INFORMING HER THAT THE BOARD WELCOMES THE COALITION'S PARTICIPATION. WELLMAN SECOND. VOTE ON MOTION TO SEND LETTER: V MOTION PASSED: PUBLIC COMMENT - None UNANIMOUS WITHOIIT OBJECTION. Kenai River Special Management Area May 21, 1998 Advisory Board Page 5 VI. ADJOiTRNMENT A) Board Comment: Richardson will be happy to receive a copy of the final plan. He believes it will be a guide for years to come. He stated the Board may want to review the plan on regular basis to see what has been accomplished. Buchholz stated the coalition will review their work every year and will make an annual report. He noted that "319 money" has been handed out based upon the monitoring criteria outlined in the draft plan. Degernes believes the wait for the more professional mapping in the final plan will be worth it. The final plan will be available soon. Mullen announced the Kenai River Festival on June 13 and 14 Trasky announced a meeting with Chugach Electric regarding the Cooper Lake Dam on June 4 and they will be discussing litigation for the dam. He further commented that there have been several easement vacation requests along the Kenai River and they should be closely watched. Schuster stated the USFS June 5'° meeting regarding Cooper Creek was changed to June 10. Wellman had read in the paper that the Funny River Chamber of Commerce was sponsoring a King Salmon Derby. He was not pleased about the idea and was wondering what processes were followed. Wellman asked if the Board could send a letter to Representative Davis '. thanking him fen his help, and the rest of the Board concurred. Degernes will write the letter with a copy to Commissioner Shively. King commented when the guides did their Silver Salmon derby years ago, they were di..___raged from doing a King .,almcn derby because of Conservation concerns. Trasky will try to get more information regarding the King Salmon derby. King would like to move forward to include tributaries in the habitat protection zone. Chairman E11is stated approximately 70 Boy Scouts assisted in the Kenai River Cleanup as well as other non-profit organizations. Schuster recommended writing a thank-you letter to all those involved with the cleanup. Mullen commented that summer would be a good time for Board members to invite decision makers for a ride along on the Kenai. She believed legislators, assembly members and city council members needed to see the concerns of the Kenai River first hand. B) Date/Agenda of Next Meeting: The next meeting will be August 20, 1998. Agenda items will include: • Presentation on Russian River projects • Discussion regarding abandoned vehicles and responsibilities Kenai River Special Management Area May 21, 1998 Advisory Board Page 6 Carrying Capacity Study with the vessel tracking component Chairman Ellis will try to arrange a meeting with the Board and the Governor during the summer. -- Raving no further business, Chairman Ellis adjourned the meeting at 9:20 p:m. Respectfully submitted, Earlene Reed, Recording Secretary Kenai River Special Management Area May 21, 7998 Advisory Board pa e 7 4