Loading...
HomeMy WebLinkAbout2004-11-18 KRSMA Board PacketlCENI li/ Special Management Area "Working together...for theriver" QDb~~OG°~~7 ~ OQG3D NOTE: New Time Kenai River Special Management Area Advisory Board x*Y Meeting Agenda'~~`* Thursday, November 18, 300~F 5:30 p.m. Kenai River Center L CALL TO ORllER A. ROIL Call B. AppmvaL of 9/23/04 and 10/14/04 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. KWF Sumner Water Testing Program, Robert Ruffner B. Board Vacancies C. Board Reorganization --bylaw approval D. Goal Setting for Board in 2004-05 • Potential topics: o additional lands addition in the upper Kenai River o Hydrocarbon'outboard motor issues IV. nL.n BL-cINESc A. Kenai River Center LJpdate, Suzanne Fisler - Cooper Lake Hydro - FERC Relicensing Update - Soldotna Bridge Project Update B. Kenai River Working Group Update- Suzanne Fisler C. DEC Site Monitoring Update-Jirn Frechione V. PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting The Commercial Operators Committee will meet aT 3:30p on November 18, at the Kenai River Center. The meeting will be in the small conference room a Kenai Area Oftice, Box 1247, Soldotna, AK 99669, Soldotna 2625581 ,~ ~ Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Q Alaska Division of Parks antl Outtlocr Recreation; Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. _,_.~..'~ Kenai River Special Management Area Advisory Board Meeting Minutes Thursday, Ocfober I4, 2004 5:30 p.m. Kenai River Center L CALL TO ORDER A. Rcll Ca11 Members Present: Jonne Slemons, Dave Westerman, Chris Degemes, Bill Shuster, Ted Wellman, Linda Snow, Tom Vania Members Absant: Dick Hahn, Jeff King, Pete Sprague, Robin West, Jim Golden (resigned after September meeting), Roland Maw, Rick Wood, Joe Connors, Paul Shadura, Ken Lancaster. B. Approval of 9/23/04 minutes No quonim. C. Agenda Changes and Approval -There was no quorum, therefore the agenda was not tiilfilled. However snlce Nancy Sonafrank came from Fairbanks she did give the presentation on the ADEC Proposed Mixing 'Lone Reguiaiions. No business could be conducted this evening. R. PUBLIC COMMENT III. NEW BUSINESS A. Inte»m Elections -board officers B. Proposed Mixing Zone Regulations -Discussion; Nancy Sonafrank, ADEC Ted Wellman stood in for Board President Ken Lancaster. He advised the board members and the public do be respectful to Nancy. Ted informed everyone present that this would not be an occasion for comments on the regulations. In order for conunents to be considered they would need to be submitted in written format either by mail, fax or email. T1re deadline for such comments is November 1, 2004. Ted also uiformed the members of the public they will be invited to speak after the presentation but would be limited to 3 minutes each. Nancy thanked the board and the members of the public for inviting her to the meeting. The presentation given is the same that was presented to the public in meetings on August 24 and 26`'. Nancy explained there are three basic changes to the proposed regulation changes: • Mixing cones in spawning areas may be permitted when they do not adversely affect the capability of the. area to support fish spawning, incubation and rearing in rivers and streams. The reason cited for this particular change was there are some mixing Tones where it is unnecessary to protect spawning success or fish populations. Nancy said there were 21 other states surveyed and only 1 other state has a ban similar to that of Alaska. Another reason cited was that it is expensive with no environmental benefit. Nancy talked about the City of Valdez Wastewater Lagoon as an example of an umsecessasy ban. They constructed their lagoons in 1984 with a ditch to take their treated wastewater to the ocean. Salmon started spawning in the ditch and it became a listed stream for anadromous Fish. When the city went to renew its permit Fish and Game pointed out that it was an anadromous stream and it should not be allowed as a mixing zone. The only alternative left to them under tyre current regulations would be to construct a pipe that is estimated to cost 2 million dollars to take the wastewater directly from the lagoons to Ure ocean. That would also take most of the water out of the ditch and probably stop the spawning. Another situation is the Golden Heart Utilities Drinking Water Treatment Plant used to discharge lime drinking water treatment sludge into the Chena River. They had been doing this for quite awhile. Their permit came up for review and change. Fish ~7d Game studied the area and found there was no adverse affect to the grayling spawning in the river from the past or continuing discharge. But the pernrit was denied because of the regrations on mixing zones. GH[JDW will have to redesign their plant at a cost of over 1 million dollars to take flee lime sludge to the landfill where it will use up space there. bi both these examples Nancy stated there is no environmental benefit How would these changes protect fish? Nancy said it worild fall on the applicant to demonstrate there would be no adverse affect to the spawnng area. The applicant would work with DNR, Office of Habitat Management and Permitting and the Department of Fish and Game Sportfsh Division. Nancy said each and every permit with a mixing zone would go out to public nonce. Kenai River Special Management Area Advisory Board October 14, 2004 Page 2 of 6 • YIixing Zoue regulations are being reorganized to make them easier to use. Nancy explained this change would consolidate all mixing zones into one section, eliminate duplication and clarify language. v Technical specifications are being moved into technical guidance for permit writers. This would allow DEC staff to exercise their best professional judgment in making complex technical decisions. The computer models and technology used to define these mixing zones changes over time and regulations take a long time to catch up with technology. This is done in consultation with EPA and use acceptable standard computer model. The specifications in the current regulations will still be implemented in pezmits. So the net effect of this move will be very small because we wotad still be implementing the same kinds of desie rs and decisions based on most current science and technology. At this point Ted Wellman invited the public to speak. Bob Shavelson ,Executive Director of Coolc Inlet Keeper. Mr. Shavelson stated the regulation changes are a bad idea. He talked about the Clean Water Act of 1972 passed by Congress with the goal of eliminating polhition by 1985 which has noC been accomplished. The Clean Water Act never mentions the word "misingzone". The rationale that DEC is putting forth here is that this is part of housekeeping, streamlining and that we need Phis for more efficient permitting. He said the "scare stories" such as Golden Heart are not appropr,ate. Under tree proposed ~ ale rt wuh hie file applrcant that Carnes file burden to show that there will be no adverse affects to the resortrce. He said he disagrees with that because the applicant will have their best interest in seeing that mixing zone approved. Every state that has a mixing zone also has issued fish consumption advisories. He said it is bad for fish, for fshermen, for salmon marketing. He encouraged the board to take a position against the proposed regulation. Mark Powell of 466SS Kenai Spur Hwy. Pres. Kenai Wild branding program. The idea that we can continue to pollute through dilution is unacceptable. Alaska has generated this branded salmon that creates world wide attention based on the pristine quality of Alaska's waters Fie referred to an issue in the Sunday Peninsula Clarion called "Fish On" on the fi-ont page. It lists all the states that have fish advisory warnings issued within their states. Commercial fishing industries have worked along with the oil companies and continues to support them but not at the potential deshuction of the commercial fishing industry. But he does not supporC the mixing zone changes that are being proposed in the salmon spawning areas. Kenai River Special Management Area Advisory }3oard OcCOber 14, 2004 Page 3 of 6 Carl Wagoner 46705A Kenai Spur Hwy., a commercial fisherman. Owns a mile of beach just south of where a mixing zone is proposed. That water would go through all his nets. He does not think this is a very good idea. Merrill McGahan said he has a fish site that is right below Chevron. Ile has had numerous problems with them in the past. For 10 years they have been fighting over access to the beach which by state raw there is supposed to be an access. Chevron has denied him that access. Last year during the fishing season there were 4 days when he could not fish because Chevron built their wall.. In the process all the dirt has eroded which cuts the beach over 20 feet. When there is a minus tide he can't get off the beach. He is also a member of Kenai Wild. He does not believe in a mixing zone. This will ruin the Kenai Wild products. The fish that were deemed clean were 2 states and Alaska was one; Wyoming being the other. At this point public comment was closed and the board members made comments. Jonne said DEC would like to remind all to have comments in a written format. It will be helpfid to have the different perspectives heard from the public tonight. Encouraged all to send written comments by the November 1 deadline. Bill S asked who determines that there will be no adverse affect on a permit? Nancy said a consultant would do any studies they would need. The ern?sultanr would have them reviewed by F&G to prove there are no adverse affects. Linda asked with the proposed regulations does this lower or raise the "proof' standard for existing permits as they come due. Nancy said they would have to now prove there were no adverse affects to a salmon stream. So that is adding a little more work to a permit. Dave asked how often are the mixing zones be monitored? Nancy said it depends on the permit. It is permit specific They go through reasonable potential analysis. Depends on the site. It is site specific. Ted asked when public hearings were held there were none on the Kenai Peninstda? Nancy said there were teleconference set up in Homer Legislative hiformation Office and Kodiak LTO. Nancy said the public hearings were in Anchorage, Fairbanks, and Juneau. Kenai River Special Management Area Advisory Board October 14, 2004 Page 4 of 6 Ted asked that when DEC consults with DNR Habitat and F&G Sportfish Division, would those entities have veto power or is it only a consultation only over granting of a permit? Nancy said it is just a consultation. DEC would still have the authority to go ahead. However itwouldbe a pretty tough hurdle to overcome. Ted asked if there are any applications "waiting iii the wings" for this proposed regulation? Nancy said the City of Valdez. Tom said it seems like the focus is on spawning. Incubation and rearing should be looked at also. Dave sees a need to come back a few years later and have a look see. Who will monitor the conditions of the permits? Ted said ii is outrageous. He does not see any justification. for this. Concerns him is the exception in the way to mitigate this could tinder the right eircrnnstanees be politically manipulated to the point that you would have virtually no restrictions on what is going on. There are no standards to legally challenge. No standards about the size of a mixing zone. The fact that other states do this does not have any persuasive impact for him. When you have situation with a large industrial polluter who would come in and filing an application. The ability to install a mixing zone is largely left to the discretion of DEC without adequate standards is simply unacceptable. Ted shongly advocates joining the Borough in opposing the regulation changes. Encourage all to submit written comments before the deadline. C. Board Reorganization-bylaw approval D. Goal Setting for Board in 2004-OS • Potential topics: o additional lands for addition in the upper Kenai River o Hydrocarbon outboard motor issues L. Board Vacancies IV. OLD BUSINESS A. Kenai River Center Update, Suzanne Fisler - Cooper Lake Hydro - EERC Relicensing Update - Soldotna Bridge Project Update B. Kenai River Working Group Update, Chris Degernes V. PUBLIC COMMENT Kenai River Special Management Area Advisory Board October 14, 2004 Page 5 of 6 VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Next meeting wi11 be 11/18 since 11/11 is holiday. Kenai River Special Management Area Advisory Board October 14, 2004 Page 6 of 6