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HomeMy WebLinkAbout2000-05-11 KRSMA Board MinutesEI RIVER Special ManagementArea "Working together...for theriver° M M QDV~~OoQLI °OaL-~1QoD ***Tentative Meeting Agenda*** Thursday, May 11, 2000 7:00 p.m. City of Soldotna Assembly Chambers L CALL TO ORDER A. Roll Call B. Approval of 4/20/00 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. Kenai River User Fees B. Seward Highway MP 8-1& Froject IV. OLD BUSINESS A. h. lty Of penal Coastal TTdii i,TO]eCt vpd"ate, RiOk 'x~OSS B. Boat Wake Study V. PUBLIC COMMENT VI. AD,TOURNMENT A. Board Comments B. Date(Agenda of Next Meeting - ~ Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262.5581 Kenai Paninsula Borough, Box 850, Soldotna, AK 99669, Soidoina 262-4441 p Alaska Division of Parks and Outtloor Recreation, Department of Natural Pesounss, in cooperation with the Kenai Peninsula Borough. 0_ KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, Apri12Q 2000 City of Soldotna Council Chambers I. CALL TO ORDER A. Roll Call: Members Present: Jeff King, Ted Wellman, Jim Richardson, Peggy Mullen, Tim Golden, Ann Whitmore-Painter, Paul Shadura, Tim Navarre, Ken Lancaster, Robin West, Bill Shuster, Lance Trasky, Richard Ross, Deric Marcorelle, Chris Degernes Members Absent: Brannon Ames B. Approval of 3!9/00 Minutes: The minutes were approved as written. C. Agenda Changes and Approval: The agenda was approved as submitted. II. PUBLIC COMMENT John Mohorcich, Kenai Peninsula Borough, discussed Ordinance 2000-08 that proposes establishing a 50-ft. habitat protection zone along 13 main streams and rivers within the Kenai Peninsula Borough, plus adds 10 tributaries of the Kenai River if enacted. He stated the final hearing for this ordinance would be May 2 in Seward. Dennis Randa spoke on water quality issues and the Water Quality Framework Plan. He believes the river cannot sustain its resource while being urbanized to the extent that it has been. He reminded the board that some studies have already been done regarding water quality and asked Chat these studies also be considered. He asked that standards beyond the drinking water quality standards be considered such as evaluating changes in the ratio of benthic invertebrates to other sections of the river. He noted that Montana set up standards to manage their rivers by aesthetic and visual standards. He believes the water quality challenges that the Kenai River will face do not come from point discharges but from other areas, such as non-point source pollution. He felt if we wait until the drinking water quality standards are violated, it would be too late for salmon. Peggy Mullen arrived at the meeting. Kenai River Special Management Apd12Q 2000 Area Advisory Board Page - 1 III. NEW BUSINESS A. Kenai Peninsula Borough's Kenai River Access Easement Study, John Mohorcich John Mohorcich, KPB, stated the Borough received amulti-year 309 grant for a Kenai River Access Management Study..-Ile pointed out there has been no plan in place to dedicate or vacate access points even though the Borough has the right to do so. In response to a recommendation within the 1997 Kenai River Comprehensive Management Plan, the Borough contracted with McLane's Survey to complete a title search. They came up with a list of 191 parcels with public easements located upon them, from the mouth of the Kenai River to Snow River. These parcels were mapped and made compatible with the GIS system. Some landowners may not even realize they have access points. The Borough will notify the property owners and will go to each site to collect more data on the characteristics of the accesses. Mr. Mohorcich stated it is the Borough's goal to develop an access management plan with all involved agencies participating. There wilt be an agency meeting within the next two months, data wiii be collected in the fall and they will report back to the agencies. After that, the plan will go to public process. It is hoped to have the plan completed by June, 2001. The plan will help the Borough to have a horror understanding of ail the access points along the river. It could then be used as a management tool to vacate access points that cannot or should not be developed and will point the way to which accesses should and could be developed. Property owners will be able to work with the agencies in the decision making process. Golden pointed ouY Yhat once an easement has been vacated, it will be impossible to get back and this may cut down on public access. Mr. Mohorcich agreed, however, he noted that the plan will also identify access points that could be developed in the future for public access. Whitmore-Painter stated that the Planning Commission is very reluctant to vacate any access points to the Kenai River. The petitioner must propose alternative superior or equal access before the Commission will even consider a vacation. She believed they would not be losing access points but that better access points may be provided. It was noted that in order for this plan to be approved, it would also have to be approved by the Borough Planning Commission and the Borough Assembly. The plan will be subject to public hearings throush both these entities also. John stated that he would keep the KRSMA Board informed of the progress of this project. IV. OLD BUSINESS A. Update on River Terrace Contamination, Rich Sundet, DEC Tim Navarre joined the meeting. Rich Sundet, DEC, gave a brief background of the contamination issue and the formation of the draft RUFS for the cleanup process. DEC is currently receiving comments from involved agencies on the draft RUES. After the comment period, a proposed plan will be developed by Kenai River Special Management April 2Q 2000 Area Advisory Board Page - 2 mid-May and then there will be a 30-day public comment period. The record of decision is planned for late June with financing for the project occurring during July and August. During August, there will be a pilot study for the design selection and the actual installation of the system will be in late August or September, 2000. Max Schwenne, consultant for OASIS, gave a slide presentation of the PCE contamination on the River Terrace site showing the extentofthe comamination and viable remedial alternatives. He noted the contamination in the sedimenC on the DOT property, which could derail the upcoming bridge project. He pointed out the two plumes of groundwater, one of which flows towards the Kenai River and one that flows towards the storm. drain paralleling the Sterling Highway. He pointed out the various test wells, as well as areas of contamination and noted the level of contaminant for each well. The time span for PCE degradation can vary with the anaerobic conditions. Mr. Schwenne believed it would take IS years for the site to flush itself out. The proposed system designs are to treat the contamination and not the source area. They are not certain where the source is and believe it may be in or under the building, but they have been refused access to get data from under the building. Mr. Schwenne explained each of the altematives in the draft RUFS and the technology of each alternative. Wellman was concerned because of the time lapse since the contamination was found and the fact that contamination still exists on the site. He felt it was time for this issue to conclude and that the site should be cleaned. B. Water Qualrty Monitoring Framework Update, Michelle Brown. The Nature Conservancy Michelle Brown stated that Rick Wood is developing a training session in early May for persons collecting water samples The original 29 sites were reviewed and it was decided to cut thorn down to 19 Sites for a basic sampling. Northern Testing Labs has given a 30% discount quote of $9,933.00 per sampling. She is currently trying to find funding. Ms. Brown stated that they would consider the 1990 water quality study because it is comparable. She noted the monitoring is not intended to set standards but to look for trends over time and possibly spot problem areas early. on. West suggested an MOU with interested agencies. He noted sample sites are located in the National Forest, the Refuge, state and municipal lands, and the Borough. Other interests also may want to enter into an MOU to help fund the water quality monitoring. The dollar amount has come down drastically and West believed that $10,000 shared among various agencies would not be a huge commitment. Ms. Brown requested that the monitoring be done twice a year so the amount of the shared MOU would be $20,000. Kenai River Special Management April 20, 2000 Area Advisory Board Pa€~' ~ C. River User Fees -Summary of Research, Bill Berkhahn, Parks Bill Berkhahn, Park Ranger, stated he investigated how other states are collecting and applying river user fees. The 1997 Kenai River Comprehensive Management Plan recommended that a program ofuser fees be implemented to help fund river management and operations. To start the process, Bill investigated what is being done elsewhere in the country for river user fees. Under federal management, permits and fees are charged to finance operations. Very few aver systems are managed on a state level and therefore, few require a fee. Many rivers run through lands managed as state parks; however, he could not find any river column, such as the Kenai River, being managed as a State park. The following were the three major programs he found: The Federal government authorized a Fee Demonstration Program in 1996 that would permit, among other types of fees, dedicated river userfees that wculd'go bank into liver operations and management. Shuster added that the money is not to be used for replacement of Pwrding but for additional services. Oregon has a program on the Deschutes River where a system was established through their scenic waterways and is combined with BLM. The state legislature sponsored special legislation dedicating these fees specifically for river management. • Montana has a designated user fee on the Smith River Ranger Berkhahn stated that currently guides and other commercial operators pay permit fees, however, private boaters and other river users do not pay a fee to use the river. Most fees in the programs he researched assessed boaters and not bank users (except for campground fees and boat launches). Golden noted that state law prohibits the dedication of funds. Wellman agreed that there is a constitutional prohibition of dedicated funds; most states do not have this prohibition. Degernes stated that would be one of the challenges of the management process. The monies could be collected as Program Receipts and then it would be up to the Legislature to re-appropriate the monies back to the program. She stated that they might investigate whether funds could be collected and accounted for by the Borough and then have the funds shared by the municipalities, the borough, State Parks and the Kenai River Center for river management. Richardson commented that the State has a monopoly on the Kenai and Kasilof Rivers where boaters already pay a fee to launch their boat. He inquired if this user fee would be another fee added on top of the launch fee. Shadura suggested slightly raising campground, launch and parking fees along the Kenai River to cover. King suggested doing away with the season passes and make users pay per event per facility. Kenai River Special Management Apri120, 2000 Area Advisory Board Page - 4 Degernes stated this is just a starting point to see if Parks should or should not pursue river user fees. Ross stated the City of Kenai has the same dedication problems. Grants collected through the Borough could be a possibility. He cautioned that placing additional fees on top of launch or camping fees would not be popular with the public. Wellman placed river use fees on next month's agenda. He stated he would like to review the reasons why the public stated during the public process of the Comp Plan that they wanted more enforcement, more services, etc. even if they have to pay for it. He asked Parks to supply revenues collected from camping, parking and boat launches along the Kenai and Kasilof Rivers. D. Boat Wake Study Progress Report, Lance Trasky Trasky stated they had a teleconference with Dr. Maynord of the Waterway Experiment Station in iVlississippi and resolved many issues. There are stilLa few areas that need refining saeh as whether or not all engines will be tested and whether they will look at maximum wake or planing wake. Testing is tentatively scheduled for August 1-3 on the Kenai River, with testing on Johnson Lake the week earlier. Golden requested that the Boat Wake Committee get a longer lead time on notification of meetings and also requested that the information be sent to Brett Huber. E. Kenai Peninsula Borough's Lawsuit over the Kenai Area Plan Navarre reported that Borough Mayor Bagley gave notice that he was going to file suit against DNR over the Kenai Area Plan, and gave the Assembly a chance to address it at the last meeting. During the debate, five members spoke against and three spoke in favor of the lawsuit. Unless there is some new information available at the next Assembly meeting, he believes the Assembly will take themselves out of the lawsuit. DNR has agreed to postpone the 40-day rule for the Assembly to make their decision after the May 2 meeting in Seward. He spoke regarding two of the parcels in question, lands along Kenai Lake and Uppez Trail Lake, and felt that the Assembly has already spoken on record to add them to the KRSMA. While the lawsuit is broader than those two parcels, they are the focus points. V. PUBLIC COMMENT Brett Huber spoke on the River Terrace issue. He appreciated Mayor Lancaster's efforts to "rattle the chain" and get the clean up started! He recommended the following acronyms to be added to DEC's report: FTS -Find the Source; SMTM -Show Me The Money; and LGTDTCU -Let's Get This Darn Thing Cleaned Up! He urged the Board to do what they can to elevate the cause. Mr. Huber also stated that it is good to incorporate the prior water quality report into the water quality monitoring report. He suggested adding one more site on the main stem estuary; and if the monitoring occurs twice a year, he recommended ahigh-flow and glow-flow level. Kenai River Special Management April 20, 2000 Area Advisory Board Page - 5 Mr. Huber took exception to the statement that private boaters pay nothing for the river. As long as there are general funds in the budget, the statement is not accurate. He hoped user fees would not price families out the opportunity from enjoying the river as it should not be just a "rich man's playground." iVlr. Huber noted. there was still an opening on the Board and reiterated his desire to serve on the Board. VI. ABJOLIRNNIENT A. Board Comments: Trasky asked everyone to give him their current e-mail address and he would be happy to send the boat wake information to them. Mareorelle stated FERC sent a letter ordering the modification of the contamination control plan at the Cooper Lake Power Plant. Included among the five points to be modified is that a third party will be hired to monitor the work and that Chugach Electric Association will apply for a permit for the discharge into Kenai Lake. Degernes stated that Phase II of the Slikok Creek project is concluding. The project will prodrde improved river access along with bank restoration on the upstream side of Slikok Creek. The project came in $70,000 under the engineer's estimate so extra boardwalk and handrails will be installed. Trasky stated Mr. Winterferd would be looking at the PCB situation at the Chugach Power house on May 4. He would like him to also sample the sediment and fish. Shuster stated he was disappointed that the FERC letter did not mention monitoring or sampling of the sediment placed on the roadway, from the dredging of the tail race in former years. Contamination from this sediment could work its way back to the river. He was pleased to find nrrt that they bays requested a map shnwinn where overhurdan was placed. Shuster also discussed the DOT project between Mile 8-18 in which the construction assembly area is in a gravel pit adjacent to Snow River. Given the probability that this may be the year that the glacial dammed lake releases its flood waters and floods the area, he suggested that the board write a letter to DOT to have an evacuation plan online. Generally, there will be two to three days warning, however, there may be problems moving all the fuel and equipment. Navarre stated he will get with the Borough's director of Emergency Management, John Alcantra and will make sure he is aware of the potential problem. It was requested to place this issue on May's agenda. Shadura inquired about the Borough's access study. He stated the Board of Fish has the duty to restrict area for sportfish purposes and he wondered if the Board would also control public access areas. Navarre announced that the Assembly approved $171,000 additional funds to complete the Kenai River Center. He believes there will be an open house in June. Kenai River Special Management ,vpm w, ~~uv Area Advisory Board Page - 6 B. Date/A~enda of Next Meeting The next meeting was scheduled May 11 in the City of Soldotna Chambers. Agenda items will include Kenai River User Fees and the DOT Evacuation Plan at Snow River. Having no further business, President Wellman adjourned the meeting at 10:00 p.m. Respectfully submitted, Earlene Reed, Recording Secretary For the Division of Parks and Outdoor Recreation Kenai River Special Manageme~e April 20, 2000 Area Advisory Board Page - 7