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HomeMy WebLinkAbout2003-05-15 KRSMA Board Packet-/ ^®A, '~ Special Management Area "Working together...tor the river" IaDM~~OQ~7 ~ OG~G°3D *** Meeting Agenda*** Thursday, May 15, 2003 7:00 p.m. Kenai River Center I. II. CALL TO ORDER ~,~ #~ A. Roll Call B. Annroval ofd/17/()3 mire+.eS C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Kenai River User Study -Potential Study ideas and discussion, Doug Whittaker, Confluence Research and Consulting B. River Quest Subdivision Proposal C. USFS Trail River Campground Improvements IV. OLD BUSINESS A. CnmmPrei al ~peratnr (;nmmittae RrVpnrt B. Boat Wake Study - Phase II Update, Chris Degernes C. Kenai River Center Update, Suzanne Fisler V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comrnents B. Date/Agenda of Next Meeting Committee Meeting at the KRC: 3:OOpm Commercial Operator Committee meeting @ the KRC. 9 ~ Kenai Area Office, Box 7247, Soldotna, AK 99669, Soldotna 262-5587 % ~\ Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262.4441 p Alaska Division of Parks ana Outtloor Recreation, Department of Natural Resources, in cooperation with tha Kanai Poninsula Borough. ~ *** Meeting Minutes*** Thursday, April 17, 2003 7:00 p.m. Kenai River Center I. CALL TO ORDER A. Roll Call Present:.Tee Conners, Ted Wellman; Paul Shadura, Jim. Golden, L)avid Westerman, Ben Ellis, Roland Maw, Ken Lancaster, Pete Sprague, Bill Shuster, Linda Snow, Chris Degernes, Tonne Slemons Absent: Robin West, Rick Wood, Lance Trasky (Charles Quarre has resigned since the last meeting.) B. Approval of 3/12/03 minutes Approved as written. C. Agenda Changes and Approval Ben suggested a specific public comment period after the Moratorium topic. Approved as amended. II. PUBLIC COMMENT None III. NEW BUSINESS A. KRC Public Education/Outreach Program, Jan Yeager This position was started in August of 2002. The Kenai River Center was established with the intention of providing peiznitting information and educational services. The decision was made to create this position to focus specifically on developing the educational part of the center since the center's staff time is taken up with regulatory and permitting functions. The goal is to enhance the general public's awareness of the purposes and services available at the Kenai River Center, to improve property owners and contractor's general awareness of regularions and policies that apply to management of natural resources, to improve the capacity and desire landowner's and manager's to develop their property in ecological sustainable ways, and to foster a general sense of stewardship among the communities of and visitor's to the Kenai Peninsula. The primary groups being addressed have been property owners, land managers and contractors. The majority of Jan's time has been spent shadowing the Kenai River Center staff and talking to landowners trying to understand the issues the staff deals with and then developing an educational plan to address those issues. The Kenai River Center resource library and website have been implemented already. The library materials have been cataloged and organized and entered into a database. The website is getting started and will soon be a valuable information source for permitting and educational information. IV. OLD BUSINESS A. Hydrocarbon Sampling Strategy, Jonne Slemmrs, DEC There have been a couple of changes to the draft seen in previous meetings by the Board. Primary change is that DEC has dropped on-river fueling stations Prom flee shldy as DEC has been informed that there are no known retail on-river fueling stations on the river. The consensus is that there is not much fueling of boats on the river aside from ferry cans and that would be difficult to capture in a sampling program. Also DEG reduced the number of sampling locations because they are increasing the number of samples collected at those sites. DEC is proposing collecting storm water samples directly from two storm. water outfalls in addition to collecting samples upstream and downstream from those outfalls to sea what is coming into the river from those outfalls. DEC has also added one more intensive sampling event in late June, collecting two samples every 4 hours from 4am to 8pm. Water samples collected from storm drains, the harbor and 10% of other samples collected will be analyzed for total aqueous hydrocarbons in addition to the total aromatic hydrocarbons. DEC feels that this is a strong sampling program, and it is expected to start soon. Ben asked why Tuesday was chosen as the sampling date for motorboats. Dovon t this 3k~dJ the sampling aV~;i age Jviuie replied that It wao iIltended tv compare Monday, which is anon-powerboat fishing day and Tuesday, which is anticipated as a high boat day. DEC plans sampling on non-boat days as well over an extended period of time in July, to see if there is contributing hydrocarbons from various sources. The plan does include other sampling days, times and non-traffic Lane locations. The purpose is to follow up on previous sampling results that indicate a potentially strong correlation between HC pollution and the presence of motorboats. DEC has made the commitment that if there is a problem with motorboats contributing hydrocarbon pollution, it needs to be quantified. Roland Maw asked when the sampling will be underway and said he supports the intensive sampling at the harbor mouth. Jonne replied that the sampling will begin around the end of May or first of June: She stated that they had previously looked at that sampling location but it was pulled'fi'orn the program. Paul Shadura said he wanted to know what locations would be sampled for "Resource Impacts" such as spawning and rearing areas. Donne said they are working with ADF&G to determine the exact sampling locations. Eight KRSMA Advisory Board Meeting Minutes April I8, 2003 Page 2 of 8 potential sites have been identified and the final selections have yet to be determined. This will depend to some degree sampling locations selected by the Kenai Watershed Forum, so there is no duplication of sampling sites and there are sufficient locations sampled. B. Riv€^r Terrace RV Park & Other Contaminated Sites Update, dim Frechione, ADEC The owner is to start dismantling the two soil treatment cells starting May 1s` 2003. Jim gave a brief history of the site. There is a ground water divide on the property, which creates two separate flows of water. The two plumes of contaminates flow toward the highway and toward the Kenai River. DEC introduced a microbe into one of the lower wells last October and did see a positive result, which did break down the compounds into the less toxic vinyl chloride and lesser levels still. Now DEC has ideas to introduce the microbes into the other wells. DEC feels they can control the migration on site. Joe Connors asked about time expectations and when the decision will be made regarding which treatment method to use next. Jim replied that DEC is probably going to inject the microbes in other wells in July or August. The results have been positive with samples taken a week or two later after initial injection. Pete said he is concerned with this regrouping idea and wanted to know if this will effect the new bridge construction. Jim said this site has been a problem and they are using the best available technology right now. They have checked with DOT and construction is still on schedule and the RTRVP cleanup poses no problems to the bridge project, as far as DEC is concerned. Ted Wellman said that if there is a contamination source under the building why was the building not demolished in the first place. Jim said DEC cannot go onto someone's property and require them to tear down their building. There were attempts made to drill fnrough the floor of fne building, but the drills hitbouiders and could go no further. There are suspicions that there is still source material beneath the building. Tim next provided updates on other contaminated sites. The old Soldoma DOT maintenance station contamination i s continuing to decrease and several wells have been identified that are no longer necessary. Chlorides are still high and it is unclear what the solution would be to address this without tearing out the entire riverbank. At Cooks Tesoro DEC did put in two new wells and sampled the drinking wells within 200-300 feet of river. There is no detection of contaminates in the water wells themselves. One well did show low levels in the soil of benzene and toluene below the water level. The contamination has not migrated towards the river. KI2SMA Advisory Board Meeting Minutes April 18, 2003 Page 3 of 8 At the Zipmart site, DEC's contractor is continuing to recover free product there. After DEC's contractor found a broken fuel pipe, DEC has surmised that the owner was losing fuel as they were filling up the storage tanks each month. A funding request for a contamination survey of the Moose Pass DOT station monies Weser made it through the Legislature last year, but they will continue to seek ways of working with DOT on a survey there. Ken asked who is in charge of the soil treatment cells at River Terrace, and who is responsible if the owner does not take care of dismantling these cells in May. Jim said EPA is responsible if the owner does not dismantle the cells. C. Boat Wake Study -Phase II Update, Chris Degernes Chris said the Army Corps of Engineers has developed a draft scope of work plan for Phase II, which would specifically evaluate soils in the lower river and how they are affected by boat wakes. The ACOE is committed to doing the field work for this project this summer if the State can locate the non federal matching funds that are required. Chris stated that she has been unable to locate the appropriate funds yet. Around $60-70,000 is needed. Joe asked if funding does not come forward could we look at what occurred in Phase I and seeing if parts of it can be implemented into a Phase II. Clu'is said that Phase I was not done to be a stand-alone study. That study did not answer the question regarding how the wakes that are generated by power boats affect different types of river banks, and how that may affect fish habitat. It would be irresponsible to make management decisions on horsepower changes from The Phase I data alone, as it would not be clear how we might be impacting erosion along the river banks or fish habitat as a result. D. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degernes Chris reviewed late breaking informatian regarding changes in the moratorium process Earlier in the day, DNR Commissioner Irwin issued a press release and signed a Commissioner level decision that sets aside the moratorium on the registration of any new Kenai River fishing guides thaT was put into effect in October 202. When the moratorium was implemented, the intention was to use the "breathing room" to conduct a public process and study that would help us develop a long term plan. The previous administration had identified funding to conduct the process and studies, but those funding commitments did not follow through to a new administration. The moratorium was appealed by two groups of lodge and guiding businesses to the Kenai Superior Court and they made a number of arguments, including: • The moratorium order was never subject to public comment in draft form • D1vB is required to adopt a regulation if it wishes to restrict guiding in this way KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 4 of 8 • 'DNR lacks a reasonable basis (facts) to support such restrictions at this time • DNR lacks both constitutional and regulatory authority to impose the restrictions • The moratorium was imposed too quicldy for guiding businesses to adjustfor 2003 • They claimed economic injury- arguing that they can't get guides to commit to work far them, resulting in current or future economic injury No further administrative action will be taken to impose a cap or moratorium on the number of KRSMA guide permits issued until the study has been completed and a proposal for any further administrative action has been. made, subject to public notice and comment. The existing DNR regulatory authority is not affected and all procedures governing the issuance of KRSMA guide permits will remain in effect as they were prior to the issuance of the moratorium order. DNR may still purse other regulatory changes offier than a cap on the number of permits, such as permit fee changes, etc. Chris said that one of the lessons learned from this is that we should have had our studies in place 'oefore imposing even temporary restrictions. One clear message is that this is a long-term issue that will not go away despite this setback today. The funds for conducting both the public process and study will need to be located somehow. DNR is committed to working with the public to design a study with all parties involved, leaving no key questions unanswered. Any future regulations or statutory changes must be based upon a factual basis. PtiBLIC COMMENT ON MORATORItiNI Dick Hahn said that usually when bureaucrats give a directive to do a study, somehow those who gave the orders should have funding for it. There was a ]ot of information gathered by the folks working for the Alaska Board of Fish contractor regarding crowding on the river. The questions reflected that and it would seem to me that if the BOF had received some kind of formal report from the contractor we ought to look at that for closer study. Mel Erickson said he believes most people were confused with the moratorium thinking this was a way to limit guides and a way to reduce guides. The way the moratorium was written up did change things and people could not do business as usual as they did in the past. Mel said if the permits were issued to the vessels instead of the guide there probably would not have been a lawsuit since we could still hire captains. He said there is still good support out there for this, with plans like the mentoring program from the guide association. BOARD COMMENTS ON MORATORIUM Paul Shadura asked if `eomnvtted' means DNR is going to devise a plan to secure money in the future. Chris said this agency is committed to finding the funding, but it is unclear at this point where that might be. KRSMA Advisory Board Meeting Minutes Apri118,2003 Page 5 of 8 Ken Lancaster said the Commissioner is committed to doing this study and coming out with some kind of legislation, but he is not going to ask the Governor for more funds to do this. We will have to find funds outside of DNR's budget for this. Ted Wellman said he is disheartened and said it is absurd that all we have been able to do (about limiting guide impacts) is a window dressing. He feels we have been led down the road twice now by the AG's office. We have not raised fees as proposed in the 1997 study and the politics do not have the force of will to protect the resource or the public's interest. Ben Ellis asked how much funding this study will take. Chris said the proposed CIP was for $140,000. This is for facilitating the process and to do the study. Toe Connors said he feels frustrated. He said there is no assurance ±he right study will be done, because we obviously have not done it right. Jonne Slemons said she has some experience in public processes, and is concerned that $140,000 is not enough for this kind of study when you look at the scientific and techniczl studies that might need to be done as backup. Ted Wellman said we have studied this to death for 10 years. We should collect all the studies done back to the 1992 Carrying Capacity study and make sure the results are reconciled and brought into the picture. He said we need to go outside the AG's Office to ask for a firm opinion letter as to what will work, and stop buying our legal opinions from the AG's office. Roland Maw said he agrees with the board and wants to get some legal opinion as to how we may proceed with an effective process, and what the legal steps are. Ben Ellis suggested that perhaps a legislative solution might be the best solution at this point. Ken Lancaster said that is one thing the Commissioner said to him earlier in the day is that ance the study and publio process is done he would like to see legislation. Roland Maw asked if the board would be able to ask a question of the AG's office regarding the options available to us. Roland made a motion to do a letter to contact the Commissioner to explore the alternatives. Joe seconded. No objections. Motion passed. Ben Ellis said the Board should explore ideas such as increasing guide fees and the number of years we might permit the guides for, such as 3 or 5 years. KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 6 of 8 E. Kenai River Center Update, Suzanne Filler There are two new projects that may be of interest to Board members. A project has been proposed to replace a bridge at Castaway Cove. There are concrete abutments that are exposed in the slough channel and the bridge is starting to tilt. The cwners are going to drive piling closer to the bank aad remove the concrete abutments. The second is project to install a rock vane in the Upper Kenai River at Gary Galbraith's property. This is also known as a J-hook. These are used to re- channelize the river and get the river back into its streambed. This is the first time we have seen this process proposed for the Kenai River. Suzanne stated that she will be working closely on this issue and will keep the board informed. V. PUBLIC COMMENT ,TohnNelson said it should be noted that the Kenai/Soldotna advisory committee came up with a plan that would have restricted guide hours, but the Board of Fish did not pass it. Mel Erickson said that restricting guide hours does not restrict guide numbers. It only restricts the user, which is the general sport fisherman. He suggested adding more guide stipulations, like a requirement that would require having a fishing license 3 of the last 5 years and maybe a 3 to 5 year permit and doubling the fee. VI. ADJOURNMENT A. Board Comments Paul Shadura said he is for the resident whether it is a guide or joe fisherman. he is really distraught that there will be a large influx of non-residents coming up to get a guide permit. Joe Connors said he is concerned that we need to stay working together and stay focused. A majority of guides want to do this right and would accept the higher fees and 3 to 5 year Hermits. He wants to know why ~rre can't we impose standards, higher fees and the mentoring program to increase the quality of the experience. Roland Maw said those are the kinds of questions need to be discussed during a Legal discussion. Bill Shuster said the USFS completed the flood repair work at Russian River. He believes that the next meeting to discuss the Sterling highway 45-60 project will take place in May. He also said we need strong advocates for solving the concerns about guide numbers, and the USFS's intent will be the same, to care for the long-term health of the river and while serving the needs of The people. KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 7 of 8 Jim Golden said the guides recognize the problem and want to solve it. He commends that organization for taking the lead and trying to establish some change here. We have lost a valuable member of this board in Charles Quarre and we should send a letter of thanks for his time on the board. Ken Lancaster said Senate Bill 190 was introduced today, which is a KP~SMA lands reclassification bill. It is incomplete in its current form as it only includes the EVOS purchased lands, and no other lands. He said he supports a letter of clarification that has been suggested here tonight. Chris Degernes said Glenda Landua of Fish & Game Habitat is leaving May 1 and deserves recognition for all of the hard work she has done for the Kenai River and its fish and wildlife habitat. Bill Shuster asked if Lance Trasky's position been dropped. Chris said each agency picks a representative, and ADF&G will need to select Lance's replacement. B. Date(Agenda of Nest Meeting May 15, 2003 KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 8 of 8