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HomeMy WebLinkAbout2012-02-21 Council Packet - Work SessionAGENDA KENAI CITY COUNCIL - WORK SESSION FEBRUARY 21, 2012 6:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: / /www.ci.kenai.ak.us The City Council will meet in a Work Session to discuss the Kenai Municipal Airport Tree Obstruction Removal Project on Tuesday, February 21, 2012. The Work Session will be held in the Kenai City Council Chambers and will begin at 6:00 p.m. I. Introduction - Purpose of Work Session (City Manager Koch) II. Explaining the FAA Regulations (Wince Corthell Bryson) A. Defining Terms B. Germaine Correspondence from FAA III. Define the Problem (Wince Corthell Bryson) IV. Define the Possible Solution(s) (Wince Corthell Bryson) V. Actions to Date (Wince Corthell Bryson) VI. Questions /Discussion by Public VII. Questions /Discussion by Council The Work Session is open to the public. If you have any questions related to this meeting, please contact the City Clerk at 283 -7535, 231. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. City of Kenai Council Work Session Page 1 of 1 February 21, 2012 Me o the,greatsr Kenai: Pehti,n8+ %' 305 N. WILLOW Sr. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907 -2&3 -7951 FAX 907 - 2533737 To: Rick R. Koch — City Manager From: Mary L. Bondurant - Airport Mang, Date: February 10, 2012 Subject: Obstruction Tree Removal Project Attached is informational material for inclusion in the packet for the Council work session set for Tuesday, February 21, 2012 on the Obstruction Tree Removal Project at the airport. The attachments are as follows: 1. Figure 1— E.A.. Tree Obstructions 2. Cross Section — Cemetery Lot through Lots 123, 124, & 125 3. January 14, 2011— Letter of Correction 139.331 - Obstructions 4, November 30, 2011 — Email requesting project update and second and final date for correction 5. Airport Grant Assurances —page 9 of 16 (20) Hazard Removal and Mitigation Please contact me if you have any questions. www.ci.kenai.ak.us. 210 180 150 120 90 60 30 LOT 125 OT 24 CITY OF KENAI LOT 123 CEMETARY CITY OF KENAI CEMETARY CITY OF KENAI TERPS AND PART 77 SURFACE EXISTING TREES EXISTING GROUND 210 180 150 120 90 60 30 0 STA.= +50.00 ORIGINAL L ,1r4e DEVON E =1aa 0 1600 1400 1200 1000 800 600 400 200 0 200 400 600 800 1000 1200 1400 1600 CROSS SECTION THROUGH CEMETARY AND LOTS 123,124, AND 125 LEGEND _.____ EXISTING GROUND _________ PART 77 CONTOURS KENAI MUNICIPAL AIRPORT TERPS AND PART 77 CONTOURS TREE OBSTRUCTIONS TREE TOPS PREPARED 8Y: WINCE- CORTHELL- BRYSON 609 MARINE STREET KENAI, AK. DATE: Plotted: 02/10/12 @ 11:41am SHEET NO. Mary on urant From: Sent: To: Subject; gabriel.mohns@faa Oov VVednenday. November 30 20112.39 PM Mary Bondurant RE. Kenai L{}C331 Ma /y. need a f:rm date when the tree removal will bccompleted. Would it be safe to say September 30? Gabriel Wahns,/6AL'015 FAA Airports Divsion, Aaska Region 987-271'3065. Fax 907-271-2351 "Mary BonduranC GamaMahns/AAL/FmA©mx nmoaonox^npm RE: Kenai LOC 331 itvni|ttn|kvhpnzitswDn��� comment perit:den:b^mlt.i:nry4,nempareNom|EA /imco.=.:jrc 1ihnn�h [hi ,bv See 1.: M.o From: f,bootij Sent: Wednesday, November 30,28111:32PM To: Mary Bondurant Subject: 'Kenai LOC 331 Hi Mary, Attached Ismyitinerary. See you Monday, Our system shows that Kenai has 1 pendirig LOC of FAR 331 with one extension ending on 12/01/2011 Could you p|easa give an update? Has it been complete o, does the airport need another a second and�na|extension? ''Treesonthe southwest side qf runway 1L/19R penetrate the imaginary sn�aceVcf FAR Pa�77anda�`apotential hazard to aviation Theseireosahno|dbeiUenti8adandrsmovoU.' are Thank you, Gabriel. US...Department t of 7 ransposation Federal Aviation Administration January •14, 20.11 Ms. Mary Bondurant Kenai Airport. Manager 305 North Willow, Suite 200 Kenai, Alaska 99611 Alaskan Region Kenai. Municipal Airport Letter of Correction 222 W. 7m Avenue #14 Anchorage, Alaska 99513-7587 Ref # 2011AL800004 A periodic inspection of Kenai Municipal Airport was completed on January 7, 2011. The inspection was conducted to determine compliance with Federal Aviation Regulation (FAR) Pan 139, the Airport Certification Manual and the Airport Operating Certificate. The inspection revealed that the airport was not in „compliance with all of the requirements of the regulation. The following discrepancies to FAR Part 139 were noted during the inspection and should be corrected by- the date indicated: 139-311 - MAINTENANCE OF RUNWAY IMARICING AND LIGHTING The: runway edge lighting does not meet the requirements of Advisory Circular 150/5340-30E. The separation distance between individual edge lights on Bravo, Charlie and Delta taxiways exceeds 400 feet This non-standard condition requires the installation of "fluSh mount" runway edge lights to meetthe separation distance requirements of the advisory circular, The runway LL/19R marking is faded and without reflective beads. Correction date: June 1, 2011 7 39.231 - OBSTRUCTIONS Trees on the southwest side of runway 1L/ 19R penetrate the imaginary surfaces of FAR Part 77 and are a potential hazard to aviation. These trees should be identified and removed. Correction date: June 1, 2011 1 139.337 (c) WILDLIFE .FIAZARD IVIANAGEIIIENT PLAN IMPLEMENTATION Moose have been observed on the airport and in the vicinity of Gate 53. The gate was observed to be open with signs of recent moose activity in and around the gate Correction date: February 1, 2011 We have given consideration to all available facts and conclude that this matter does not warrant enforcement action. Please advise in writing when the discrenancies are corrected. Sincerely, David G. Wahto, P.E. Airport Certification Safety Inspector Federal Aviation Administration. Airports Division. Cc: Mr. Eric Helms, FAA Project Engineer Mr. Gabriel Malms, FAA Regional Planner which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal . to temporarily close the airport for non - aeronautical purposes must first he approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from . airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall he construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance, Further, nothing herein shall he construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been emended. 20. }Iazard Removal and Mitigation. It will take appropriate action to assure that suc'n terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will he adequately cleared., and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards, 21. Compatible Land UUJse. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with no vial airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its; jurisdiction, that will reduce its compatibility, with respect to the airport_ of the noise compatibility program, measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. li. e the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. In any agreement, contract, lease, or other arrangement under which a. right or privilege at the airport is granted to any person, firm, o corporation to conduct or to engage in any aeronautical activib furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- Airport Sponsor Assurances (312011) 9 of 16 Department of Transportation Federal Aviation Administration FINDING OF NO SIGNIFICANT IMPACT For Kenai Municipal Airport Obstruction Tree Removal Projects Kenai, Alaska BACKGROUND The City of Kenai, Alaska, in cooperation with the Federal Aviation Administration (FAA) is proposing to improve the Kenai Municipal Airport by the removal of tree obstructions that penetrate the Federal Aviation Regulations (FAR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, approach and transitional surfaces and FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures (TERPS), departure surface for instrument aircraft operations at the Airport. Based upon a preliminary assessment of potential impacts and completion of a formal scoping process the FAA has determined that an Environmental Assessment (EA) is needed to satisfy the requirements of National Environmental Policy Act (NEPA). PURPOSE AND NEE OR THE PROPOSED ACTIONS The Proposed Action is needed in order to protect public safety and preserve the existing published instrument arrival and departure procedures for Runway 1L -19R. The Proposed Action is a safety maintenance project to remove or top trees that penetrate either the 34 to 1 approach surface and associated 7 to 1 transitional surface for Runway IL or the 40 to 1 departure surface for Runway 19R. Under the provisions of FAR Part 77, trees that penetrate the approach or departure surface are considered obstructions which can adversely affect the navigable airspace. The 34 to 1 approach surface and associated 7 to 1 transitional surface for Runway IL are defined under the provisions of FAR Part 77.19, Civil Airport Imaginary Surfaces, The 40 to I departure surface for Runway 19R is defined under the provisions of FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures (TERPS) and FAA Advisory Circular 150/5300 -13, Airport Design, Appendix 2. In addition, in accepting FAA Airport Improvement Program funds for the Airport, the City has assured the FAA in Grant Assurance 20, Hazard Removal and Mitigation, that the City will take appropriate action to assure that the airspace required to protect instrument and visual operations to the Airport will be adequately cleared and protected. REQUESTED FEDERAL ACTIONS The federal actions requested are the participation in project funding through the FAA Airport Improvement Program and approval of the revised Airport Layout Plan. Kenai Municipal Airport 2/2/2012 Finding ofNo Significant Impact PROPOSED ACTION The Proposed Action is limited to areas where trees currently penetrate the composite FAR Part 77 approach surface and 7 to 1 transitional surface for Runway IL and the T'ERPS 40 to 1 departure surface for Runway 19R. It is estimated that as many as 2,600 trees are affected by the Proposed Action, approximately 2,300 of these trees are on Airport property and the remainder are on private property. The Proposed Action includes the following projects: • Project 1 — On- Airport Property Tree Removal. This project consists of clearing and /or selective tree removal on Airport property. Most of the affected trees on Airport property will be cleared and removed. However, the trees will be topped to provide a 50- to 100- foot hedgerow buffer area on the Airport, parallel to Float Plane Road, between Second and Fifth Avenues, and around City Lots 123, 173 and 174 (planned for the cemetery expansion). Trees selected for removal will be cut flush to the ground, removed and disposed of by the City's contractor. • Project 2 — Selected Tree Removal on Private Property with Avigation Easements. This project consists of the removal and /or topping of obstruction trees on eight private properties located southwest of the Airport. Based upon scoping comments from the U.S. Department of Agriculture, trees that are topped are more prone to decay and rot due to decay causing organisms that could enter from the wounds on the top of the tree contributing to a future decline of area forests around the Airport. Although the preference is to completely remove the trees to avoid ongoing maintenance, the City recognizes that property owners value the trees in their landscapes and may wish to keep certain of the affected trees even though they are topped. Accordingly, each property owner will be given the option of removal or topping on a tree -by -tree basis. Trees that are being topped will be topped at an elevation approximately 10 feet below the applicable FAR Part 77 / TERPS controlling elevation, unless the property owner requests they be topped at a lower elevation. In accordance with existing avigation easements granted to the City of Kenai by these eight property owners, the City will issue a directive for each private lot to be entered and trees removed or topped. The trees selected for removal or topping will be offered to the owners for their use and, if declined, would be removed and disposed of by the City's Contractor. • Project 3 — Selected Tree Removal on Private Pro.e currentl without Aviation Easements. This project consists of two steps: Step 1) negotiating avigation easements with six additional private properties; Step 2) remove and/or top trees on these private properties. Both steps will be arranged for and directed by the City. After the avigation easements are granted to the City by the property owners, the City will issue a directive for each private lot to be entered and trees removed or topped. Each property owner will be given the option of removal or topping on tree -by -tree basis. The trees selected for removal or topping will be offered to the owners for their use and, if declined, would be removed and disposed of by the City's Contractor. 2 Kenai Municipal Airport Finding ofNo Significant Impact 2/2/2012 Part 4 — Continuous Obstruction Tree Maintenance Program. The City and FAA recognize that there will be a recurring need for continuous obstruction tree maintenance in the future as other trees grow and penetrate either the FAR Part 77 approach and transitional surfaces or the TERPS departure surface. Therefore, every four to five years, the City and FAA will reevaluate this Environmental Assessment to determine its continuing applicability to obstruction tree maintenance at the Kenai Municipal Airport. Any future tree maintenance projects will include notifications in advance to affected property owners, agencies and other interested parties. in addition, the affected environment will be reviewed and FAA will determine if there have been any significant changes to any of the environmental impact categories defined in FAA Order 1050.1E, Environmental Impacts: Policies and Procedures. if FAA determines there are significant changes, then additional environmental documentation will be prepared. IMPACT ASSESSSMENT FAA determined it was necessary to prepare an Environmental Assessment in accordance with FAA Order 1050.1E, Environmental Impacts, Policies and Procedures and FAA Order 5050.4B NEPA Implementing Instructions for Airport Actions. Due to the current airport configuration, the only alternative to the proposed action is the "No Action" alternative, The portion of the proposed projects located within the Airport boundary, are consistent with the City's adopted Airport Master Plan and Comprehensive Plan and the FAA's approved Airport Layout Plan. The portion of the proposed projects located outside the Airport boundary, on private property, are consistent with FAR Part 77, TERPS and FAA Grant Assurance 20, Hazard Removal and Mitigation. The FAA has conducted Government-to- Government Consultation with Alaska Native Tribal Governments and no comments were received. The public participation process and agency consultation was conducted as described in the EA. After examination of the EA, the FAA has determined that the EA addresses all issues adequately to demonstrate that no thresholds for significant impact have been exceeded and an Environmental Impact Study is not required. In addition, the FAA has determined that the proposed project is clearly beneficial in fulfilling the FAA's statutory mission of promoting a safe and efficient nationwide airport system. Based on the EA, the FAA opts to use a finding of no significant impact based on its conclusion that the proposed project will not have a significant effect on the human environment. 3 Kenai Municipal Airport 2/2/2012 Finding of No Significant Impact AVOIDANCE, MINIMIZATION. AND MITIGATION MEASURES Conditions of approval associated with this project are described in the EA in detail and will be included in the project contract documents. The project has been coordinated with the appropriate agencies and includes the following measures to mitigate impacts. To avoid potential impacts prior to work commencing, a Bald Eagle nest survey will be accomplished by a qualified researcher to verify that no Bald Eagle nests are present in the areas to be cleared. Cutting and clearing activities must be completed outside the May 1 through July 15 "window" specified in the Migratory Bird Treaty Act. Any of these activities will comply with the U.S. Fish and Wildlife guidelines. Work hours shall be limited between 8:00 am and 6:00 pm when work is conducted within 300 feet of residential areas. The City will coordinate a time and date for the work to be accomplished on private properties and this may include Saturdays and Sundays. Best Management Practices and Best Available Technology will be applied to mitigate various cutting and clearing impacts. These include. e The stream bank and streambed of Airport Creek/Cemetery Creek shall not be altered or disturbed in any way. No equipment shall be allowed within 100 feet of the stream bank and any trees requiring falling will be cabled out. a Equipment shall not operate in flowing water. • There shall be no crossings of Airport Creek/Cemetery Creek except 011 public roadways. • Activities shall be scheduled for late winter to early spring (March and April) when the ground is frozen and covered with several feet of accumulated snow to avoid disturbance of surface vegetation and spawning areas and sensitive fish life stages and habitats. To facilitate proper implementation of the practices during the snow covered, winter months when the stream course may not be as obvious, Airport Creek/Cemetery Creek and its buffer area will be clearly flagged. e Downed branches or trunks may not be dropped into Airport Creek/Cemetery Creek; should this occur inadvertently they will be removed. All operations shall be conducted in compliance with AS 16.05.871 so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds. • The stream bank, including stream bank vegetation, shall not be altered to facilitate debris removal. Parked equipment, refueling of equipment or the storage of petroleum products shall be limited to established staging areas provided on the Airport. 4 Kenai Municipal Airport 2/2/2012 Finding of No Significant Impact The City of Kenai will implement a reforestation program using reforestation trees on the private properties, if requested by the property owner. The City of Kenai will top the trees to provide a 50- to 100- foot hedgerow buffer area on the Airport property parallel to Float Plane Road between Second and Fifth Avenues and around the City Lots (123, 173 and 174) planned for the cemetery expansion. REQUIRED PERMITS There are no permits required. FEDERAL FINDING AND APPROVAL I have carefully and thoroughly considered the facts contained in the attached EA. Based on that information, I find the proposed Federal action is consistent with existing national environmental policies and objectives as set forth in Section 101(a) of the National Environmental Policy Act of 11969 (NEPA) and other applicable environmental requirements. I also find the proposed Federal action will not significantly affect the quality of the human environment or include any condition requiring consultation pursuant to Section 1 02(2)(c) of NEPA. As a result, FAA will not prepare an EIS for this action. Approved: yron K. Huffman Manager, Airports Division, FAA Alaskan Region Date 5 Kenai Municipal Airport 2/2/2012 Finding of No Significant Impact 0 FINAL, ENVIRONMENTAL ASSESSMENT KENAI UNICIIPAL AIRPORT STRUCTION T" ' E a't MOVAL B' "OJECTI S Prepared for: FE IRRAL AVIATION ADMINISTRATII N ALASKAN REGION, AIRPORTS DIVISION on behalf of the Sponsor CITY OF KENAY, ALASKA February 2012 Prepared by: Aries Consultants Ltd. and Winee- Corthell- Bryson This environmental assessment becomes a federal document when evaluated, signed, and dated by the Responsible FAA Official. Responsible FAA Official Comments regarding this document should be addressed to: Bruce Greenwood Environmental Protection Specialist FAA Alaskan Region, Airports Division 222 West 7th Avenue, Box 14 Anchorage, Alaska 99513 -7587 bruce.greenwood @faa.gov Date Mary Bondurant Airport Manager Kenai Municipal Airport 305 North Willow Street, Suite 200 Kenai, Alaska 99611 mbondurant@ci.kenai.ak.us TA 3 LE I }F CONTENTS Kenai Municipal Airport Obstruction Tree Removal Projects Sections Page 1.0 Introduction and Background 1 2.0 Purpose and Need 3.0 Proposed Action and Alternatives 2 3.1 Proposed Action 2 3.2 Alternatives 5 4.0 Affected Environment and Environmental Consequences 7 4.1 Environmental Categories Affected 7 4.2 Air Quality 7 4.3 Compatible Land Use 9 4.4 Construction Impacts 9 4.5 Fish, Wildlife and Plants 12 4.6 Hazardous Materials, Pollution Prevention and Solid Waste 14 4.7 Historical, Architectural, Archaeological and Cultural Resources 14 4.8 Light Emissions and Visual Impacts 15 4.9 Noise 15 4.10 Water Quality 16 4.11 Wetlands 17 4.12 Other Considerations 17 5.0 Agency and Public Coordination 19 6.0 Environmental Commitments and Mitigation 20 Tables 1 Sunnnary of Environmental Categories Potentially Affected by the Proposed Action 8 Figures 1 Trees Above and Ten Feet Below FAR Part 77 / TERPS Surfaces 3 2 FAR Part 77 / TERPS Cross Sectional Detail 4 Appendices A PROJECT CORRESPONDENCE B AGENCY AND PUBLIC MEETING MINUTES 1 LO INTRO IUCTIIIN AND LACKGROUND The City of Kenai, Alaska, in cooperation with the Federal Aviation Administration (FAA) is proposing to improve the Kenai Municipal Airport by the removal of tree obstructions that penetrate the Federal Aviation Regulations (FAR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, approach and transitional surfaces and FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures (TERPS), departure surface for instrument aircraft operations at the Airport. Based upon a preliminary assessment of potential impacts and completion of a formal scoping process the FAA has determined that an Environmental Assessment (EA) is needed to satisfy the requirements of the National Environmental Policy Act (NEPA). The projects are located in Sections 31 and 32 of Township 6 North, Range 11 West, Seward Meridian as well as within Sections 5 and 6 of Township 5 North, Range 11 West, Seward Meridian The Airport Reference Point is Latitude 600 34' 29.76" North and Longitude 151° 14' 41.81" West. 2.0 PU OSE AND NEED The Proposed Action is needed in order to protect public safety and preserve the existing published instrument arrival and departure procedures for Runway IL -19R. The Proposed Action is a safety maintenance project to remove or top trees that penetrate either the 34 to 1 approach surface and associated 7 to 1 transitional surface for Runway 1L or the 40 to 1 departure surface for Runway 19R. Under the provisions of FAR Part 77, trees that penetrate the approach or departure surface are considered obstructions which can adversely affect the navigable airspace. The 34 to 1 approach surface and associated 7 to 1 transitional surface for Runway 1L are defined under the provisions of FAR Part 77.19, Civil Airport Imaginary Surfaces. The 40 to 1 departure surface for Runway 19R is defined under the provisions of FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures ( TERPS) and FAA Advisory Circular 150 /5300 -13, Airport Design, Appendix 2, Runway End Siting Requirements. These provisions, together with federal grant obligations noted below require the City of Kenai, as Airport Owner, to remove, relocate or lower (or both relocate and lower) objects to preclude their penetration of the 34 to 1 approach surface and associated 7 to 1 transitional surface and 40 to 1 departure surface unless an object is fixed by function (e.g., a navigational aid) and/or the object is designated to be impractical to remove, relocate or lower. The 34 to 1 approach surface and 40 to 1 departure surface applies to runways being used or planned for instrument arrivals and departures. In addition, in accepting FAA Airport Improvement Program funds for the Airport, the City has assured the FAA in Grant Assurance 20, Hazard Removal and Mitigation, that the City will take appropriate action to assure that the airspace 1 required to protect instrument and visual operations to the Airport will be adequately cleared and protected. 3.0 POSED ACTION AND ALTERNATIVES 3.1 Proposed Action The Proposed Action is identified as "Kenai Municipal Airport Obstruction Tree Removal Projects ". The Proposed Action is limited to areas where trees currently penetrate the composite FAR Part 77 approach surface and 7 to 1 transitional surface for Runway IL and the TERPS 40 to 1 departure surface for Runway 19R, as shown on Figures 1 and 2. It is estimated that as many as 2,600 trees are affected by the Proposed Action, approximately 2,300 of these trees are on Airport property and the remainder are on private property. The Proposed Action includes the following projects: Proiect 1 — On- Airport Property Tree Removal. This project consists of clearing and /or selective tree removal on Airport property where and as shown on the plan and detail on Figures 1 and 2. Most of the affected trees on Airport property will be cleared and removed. However, the trees will be topped to provide a 50- to 100- foot hedgerow buffer area on the Airport, parallel to Float Plane Road, between Second and Fifth Avenues, and around City Lots 123, 173, and 174 (planned for the cemetery expansion). Trees selected for removal will be cut flush to the ground, removed and disposed of by the City's contractor. Project 2 — Selected Tree Removal on Private Property with Avigation Easements. This project consists of the removal and/or topping of obstruction trees on eight private properties located south of the Airport. These properties are identified on Figure I by a solid yellow outline. Based upon scoping comments from the U.S. Department of Agriculture (see Appendix A) trees that are topped are more prone to decay and rot due to decay causing organisms that could enter from the wounds on the top of the tree contributing to a future decline of area forests around the Airport. Although the preference is to completely remove the trees to avoid ongoing maintenance, the City recognizes that property owners value the trees in their landscapes and may wish to keep certain of the affected trees even though they are topped. Accordingly, each property owner will be given the option of removal or topping on a tree -by -tree basis. Trees that are being topped will be topped at an elevation approximately 10 feet below the applicable FAR Part 77 / TERPS controlling elevation, unless the property owner requests they be topped at a lower elevation. In accordance with existing avigation easements granted to the City of Kenai by these eight property owners, the City will issue a directive for each private lot to be entered and trees removed or 2 topped. The directive will provide a lot plan identifying the obstacle trees and will specify a date and time to accommodate the lot owner's presence on site. The trees Figure 1 S A OVE AN L TEN FEET tELIW FAR P AZT 77 / TE DNS SURFACES 3 iW 0 200 - - uc sums tl rURE LEGEND *TREES ABOVE PART THRERPS (1.814 TOTAL POINTS) 1 TREES 10' BELOW PART P/TERPS (817 TOTAL POINTS) EXISTING AVIGATION EASEMENT AUUD DONAL ORAVIGATION EASEMENTS TO BE ACQUIRED. to EQUIPMENT STAGING AREA Figure 2 FAR FA T 77 / TE;'s,'°S CROSS S ECTIIONAL l ETAIIL Vicinity of Tree Obstructions 4 240 210 180 150 120 90 60 OT 12 LOT 124 Cm OF KENAI CEMETARY 0n 011Y OF of KENAt NENA 000 1800 1600 1400 1200 1000 800 600 400 240 210 180 150 120 90 60 30 2000 1800 1600 OT 125 T 124 I STA. -12 +00 00 200 oevmr 0 200 01TY of KENAI PART PART 77 CEMETARY • CRY • NFNAI 400 600 800 1000 TERPS 40:1 - - -I-c-±1 DEPARTURE STA. 16 +50.00 0 0 200 - 400 600 800 1000 1200 -1400 1600 1800 2000 1400 12110 1000 800 600 400 2 240 210 180 150 120 90 60 30 200 1400 1600 11300 2000 240 __.. 210 180 150 120 90 60 1- d W 00 Z H O r U It r 03 Q N a p 0 U 0 O F Z0 W K • 1- 2 o N 0 � O r C0 U D! E FIGURE 2 selected for removal or topping will be offered to the owners for their use and, if declined, would be removed and disposed of by the City's Contractor. The City's Contractor will be responsible for repair and/or replacement of any fencing, gates, property corners, structures, landscaping or other appurtenances if damaged by clearing operations. Project 3 — Selected Tree Removal on Private Property currently without Avi2ation Easements. This project consists of two steps: Step 1) negotiating avigation easements with six additional private properties identified on Figure 1 by a dashed yellow outline; Step 2) remove and/or top trees on these private properties that penetrate the composite FAR Part 77 approach surface and 7 to 1 transitional surface for Runway 1L and the TERPS 40 to 1 departure surface for Runway 19R. is oth steps will be arranged for and directed by the City. After the avigation easements are granted to the City by the property owners, the City will issue a directive for each . private lot to be entered and trees removed or topped. The directive will provide a lot plan and specify a date and time to accommodate the lot owner's presence on site. Each property owner will be given the option of removal or topping on a tree -by -tree basis. The trees selected for removal or topping will be offered to the owners for the use their use and, if declined, would be removed and disposed of by the City's Contractor. The City's Contractor will be responsible for repair and /or replacement of any fencing, gates, property corners, structures, landscaping or other appurtenances if damaged by clearing operations. Project 4 — Continuous Obstruction Tree Maintenance Program. The City and FAA recognize that there will be a recurring need for continuous obstruction tree maintenance in the future as other trees grow and penetrate either the FAR Part 77 approach and transitional surfaces or the TERPS departure surface. Therefore, every four to five years, the City and FAA will reevaluate this Environmental Assessment to determine its continuing applicability to obstruction tree maintenance at the Kenai Municipal Airport. Any future tree maintenance projects will include notification in advance to affected property owners, agencies and other interested parties. In addition, the affected environment will be reviewed and FAA will determine if there have been any significant changes to any of the environmental impact categories defined in FAA Order 1050.1E, Environmental Impacts: Policies and Procedures. If FAA determines there are significant changes, then additional environmental documentation will be prepared. 3.2 Alternatives Based on the potential aviation safety issues and the current height of the trees, the "No Action" alternative is not considered an option for any of the defined projects. However, with respect to the private properties affected by Projects 2 and 3, there are 5 two other actionable alternatives defined by the elevation at which affected trees will be topped: e Alternative 1 — Affected trees would be topped at approximately the specific elevation of the relevant FAR Part 77 /TERPS surfaces (instead of approximately 10 feet below these surfaces as proposed). This alternative would require almost annual activity to maintain the necessary clearances, depending upon the growth characteristics of the tree species. Since topping a tree has the potential to lead to a decline of area forests, such annual maintenance is inconsistent with good forest management techniques and as a consequence would, over time, be more disruptive to the environment and each property owner. Additionally, the more frequent maintenance schedule would increase the potential risk of damages to private property and result in higher maintenance costs to the detriment of other Airport maintenance projects. Alternative 2 - Affected trees would be topped at an elevation approximately 20 feet below the FAR Part 77 / TERPS surfaces. The benefits of this alternative are that such topped trees would likely require maintenance only every 10 to 20 years depending upon the tree species and both maintenance costs and damage risks are reduced. However, topping trees at this lower elevation may not leave enough of the tree canopy for survival and may accelerate the area -wide negative effects of topping a tree. Since, within the Proposed Action, the property owner can elect to have the trees topped at an elevation lower than the Proposed Action, setting a lower mandatory elevation for topping may result in a significant short-term reduction of forest resources that may be significantly detrimental to the environment. • No Action — If this action is not taken, the FAA has stated that the existing published instrument arrival and departure procedures would not be authorized as at present. The weather minimums will remain higher than necessary and will have to be increased if the trees continue to grow. The Airport would only be operational under visual flight rules (VFR) conditions at times which would have a significant impact on air service to and from Kenai and use of the Airport. 4.0 AFFECTED ENVIRONMENT ANTI) ENVF! ONMENTATL CONSEQUENCES 4.1 Environmental Categories Affected Based on a preliminary analysis and comments received in response to scoping documents, Table 1 identifies environmental categories affected by the proposed projects. Based on previously completed environmental analyses noted below categories that were determined to be not affected are not otherwise addressed in this document. Infonnation in the following documentation supports this determination: ® Environmental Assessment, 2006 -2008 Kenai Municipal Airport Improvement Program (FAA AIP Project 03 -02- 0142 - 3002). 2006. Preliminary Jurisdictional Determination & Wetland Functional Assessment. Kenai Municipal Airport. July 1996. Amended February 2005. The findings of the jurisdictional Determination and Wetland Functional Assessment were agreed to by the U.S. Army Corps of Engineers in correspondence dated October 17, 2005. Supplemental Environmental Assessment, 2011 -2015 Float Plane Basin Facility Improvement Projects (FAA AIP Project 03 -02- 0142 - 134 - 2010). 2010. 4.2 Air Quality Affected Environment - Currently, the City of Kenai is not classified as non- attainment or maintenance for any of the criteria pollutants defined by National Ambient Air Quality Standards (NAAQS). Conseauences - Emissions from the tree cutting and trimming equipment (chain saws and hoists), as well as any chipping or hauling equipment used in the Proposed Action would temporarily increase pollutant emissions. The City will not allow the open burning of slash or debris. Trees affected by Project 1 are likely to be cut and removed over a relatively brief construction period estimated to be less than six weeks. Trees affected by Projects 2 and 3 are expected to be cut over a potentially longer period of time since the work will be accomplished based on the property owners availability. As a consequence of the scheduling of the work and the kinds of equipment involved air emissions are not expected to be significant. 7 Table 1 SUMMARY OF ENVIRONMENTAL CATEGO ES POTENTIALLY AFFECTED BY THE PROPOSED ACTION Environmenta0 Category "otential@y Affected Yes No Air Quality X Coastal Barriers X Compatible Land Use X Construction Impacts X Department of Transportation Act: Sec. 4(f) X Farmlands X Fish, Wildlife, and Plants X Threatened or Endangered Species X Floodplains and Navigability X Hazardous Materials, Pollution Prevention, and Solid Waste X Historical, Architectural, Archaeological and Cultural Resources X Light Emissions and Visual Impacts X Natural Resources and Energy Supply X Noise X Secondary (Induced) Impacts X Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks X Water Quality X Wetlands X Wild and Scenic Rivers X Wilderness X 8 43 Compatible Land Use Affected Environment - The affected environment includes wooded airport lands and wooded private single family properties as identified on Figure I. The single family properties are part of a larger subdivision development adjacent to the Airport. Eight of the affected private properties have an avigation easement deeded to the City /Airport allowing the City to enter the properties and remove airport related obstructions. Six additional properties are affected by the Proposed Action, but currently have no avigation easement. The City will negotiate an avigation easement with these six property owners before taking any actions regarding the tree obstacles. Environmental Consequences — No new incompatible land uses are being created by the Proposed Action. The removal /topping of a large number of trees will change the views from adjacent properties towards the Airport and vice versa. The Proposed Action is consistent with the Kenai Municipal Airport Master Plan Update adopted by the City in 1997 and the Airport Layout Plan (ALP) approved by FAA in May 2009. The Proposed Action is also consistent with the various existing avigation easements recorded on private property adjacent to the Airport. The height limits to be imposed on the six properties currently without avigation easements will not affect any existing structures and will create no non - conforming structures based on current zoning. No relocations are required. C4 Construction Impacts Affected Environment — Based upon the proposed projects, construction related impacts were determined to be water quality, noise and traffic. The following information describes the affected environment relative to those three issues. Locally named Airport Creek or Cemetery Creek serves as one of the primary drainage facilities for the Airport handling runoff from all the runways including the water runway. Airport/Cemetery Creek joins another unnamed creek south of the Airport and together they empty into the Kenai River. This second unnamed creek is considered the primary of the two and drains a large portion of the residential area west of the Airport. In the Catalog of Waters Important for Spawning, Rearing, or Migration ofAnadromous Fishes — Southcentral Region (Alaska Department of Fish & Game Special Publication 04 -05) both creeks are identified as unnamed anadromous fish resources. The primary creek to the west is referred to as stream 244 -30 -10010 -2001 and Airport/Cemetery Creek is referred to as 244- 30- ].0010- 2001- 3004, indicating its secondary status. The anadromous portion of Airport/Cemetery Creek extends about 200 to 300 feet north of First Avenue and is affected by Project 1 — a small number of trees to be cut are located on uplands adjacent to the Creek. The remainder of the trees affected by 9 Project 1 are scattered throughout the drainage area served by Airport/Cemetery Creek. Trees affected by Projects 2 and. 3 are all east of Spruce Street which suggests, based on available topography, that the affected areas are in the Airport/Cemetery Creek watershed and that the second unnamed creek is not affected by any of the proposed projects. The residential areas affected by the proposed projects are 300 to 800 feet off the extended runway centerline of Runway 1L -19R. Based on current airport operations none of these properties are impacted by aircraft noise at levels above the federal standard of 65 dB based on the Day -Night Level (DNL) noise metric. Existing tree resources between the residential areas and the Airport provide some limited screening of airport operational noises. Traffic and traffic noise is not a factor along First Street or in the residential areas because traffic volumes are very low. Environmental Consequences - The proposed projects require the cutting or topping of public and privately owned trees that extend into navigable airspace. Equipment to be employed includes tree cutting and trimming equipment such as chain saws, towed commercial chippers, feller bunchers, skidders, logging trucks, and such equipment all weighing less than 50,000 pounds. Construction -like activities associated with these projects include the removal and transport and possible chipping and scattering of cut trees and limbs Project 1 which affects approximately 2,300 trees is to be accomplished during the winter months when the creeks are frozen. To the extent possible Projects 2 and 3 will also be accomplished in the winter months, but sequenced to accommodate property owner schedules. Potential construction impacts include: Construction Water Quality - Under current water quality management guidelines, all land - disturbing activities, including clearing, grading, and excavation, that disturb one or more acres are required to be covered under a state - issued Alaska Construction General Permit (ACGP) construction storm water permit prior to land disturbance. These permits are issued by the Alaska Department of Environmental Conservation (ADEC). As these clearing projects will be scheduled for winter months the ground vegetation and soil will not be disturbed so no permits are expected to be required. Project 1 includes areas that are within 90 meters (300 feet) of an anadromous fish resource. Clearing adjacent to this waterway will be limited to only the highest mature growth encroaching into the Airport airspace, leaving substantial second growth and underbrush along the waterway. In addition clearing specifications will include several best management practices to mitigate disturbance to the waterway during and after clearing operations. 10 0 The stream bank and streambed of Airport Creek/Cemetery Creek shall not be altered or disturbed in any way. No equipment shall he allowed within 1.00 feet of the stream bank and any trees requiring falling will be cabled out. 0 Equipment shall not operate in flowing water. 0 There shall be no crossings of Airport Creek/Cemetery Creek except on public roadways. 0 Activities shall be scheduled for winter months to avoid disturbance of spawning areas and sensitive fish life stages and habitats. To facilitate proper implementation of the practices during the snow covered, winter months when the stream course may not be as obvious, Airport Creek/Cemetery Creek and its buffer area will he clearly flagged. 0 Downed branches or trunks may not be dropped into Airport Creek/Cemetery Creek. Should this occur inadvertently they will be removed. All operations shall be conducted in compliance with AS 16.05.871 so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds. 0 The stream bank, including stream bank vegetation, shall not be altered to facilitate debris removal. 0 Parked equipment, refueling of equipment or the storage of petroleum products shall be limited to established staging areas provided on the Airport. Construction Equipment Noise — The primary source of equipment noise is expected to be from chainsaws and chippers. A chain saw generates noise at a level between 105 and 110 decibels sound pressure level (dB -SPL) at a distance of about 1 meter (about 3.3 feet). The SPL noise metric provides the following relationship to the range of human hearing: Threshold of hearing 0 dB -SPL Threshold of discomfort 120 dB -SPL Threshold of pain 130 dB -SPL Noise levels from a point source, such as construction equipment, decrease at a rate of approximately 6 dB with every doubling of the distance. At least fourteen residential properties are directly affected by Projects 2 and 3 and others may be indirectly affected with regard to noise. :'aced on the nature of these projects, construction noise impacts have the potential to be significant and unavoidable. To mitigate these adverse affects the City of Kenai will limit work hours to between 8:00 am and 6:00 pm when work is conducted within 300 feet of residential areas. Project I is expected to be accomplished during the winter schedule work day. Projects 2 and 3 will be accomplished at a time convenient to 11 the property owner (including Saturdays and Sundays). The City will coordinate a time and date for the work to be accomplished on private properties. • Construction Traffic - Worker trip making and cut -tree hauling needs are expected to increase street traffic during construction periods, but these impacts are considered insignificant. The workforce to be employed on these projects is expected to come from the local labor pool for construction workers. Approximately 3 to 5 workers would be employed on a typical day. Since these workers are located in the Kenai area there should be no net increase in commuting, although there would be a net, but minor, increase in traffic along roads leading to the project site (First Avenue). Truck trips associated with tree removal could be reduced by chipping and spreading the tree elements. Generally, inbound construction traffic will be routed off the Kenai Spur Highway to Float Plane Road by way of Main Street Loop and First Avenue. Both streets have ample width, structural section, and relatively low traffic counts to accommodate increased truck traffic. Outbound construction traffic would be routed on the same streets in a reverse direction. Any potential impacts are likely to occur during peak periods at signal controlled intersections where trucks must make a left turn. At such intersections a truck may occupy a significant portion of the left turn lane and maneuver slowly thereby limiting the capacity of the left- turn signal. Since these traffic impacts are temporary in nature, although lasting for several weeks, they are considered to be less than significant. 4.5 Fisk, Wildlife, and Plants Affected Environment - • Fish — As noted in the above discussion under the topic "Construction Impacts," Airport/Cemetery Creek serving the Airport joins another unnamed creek south of the Airport and together they empty into the Kenai River. Both creeks are identified in Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes — Southcentral Region (Alaska Department of Fish & Game Special Publication 04 -05) as unnamed anadromous fish resources. Based on mapping of the anadromous streams prepared as part of the wetlands functional assessment completed in 2005, the anadromous portion of the stream draining the airfield extends northward from the Kenai River and ends in a wetland area located 200 to 300 feet north of First Avenue. ® Wildlife — A variety of birds and other animals were observed during a one -year study of wildlife hazards at the Airport, conducted between February 2001 and January 2002 by the U.S. Department of Agriculture. Migratory birds and other waterfowl, including ducks, geese and swans make the Kenai River and its surrounding wetlands their home. The surrounding area is also home to many 12 other types of wildlife, including moose, bears, wolves, coyote, and caribou. Portions of the Kenai National Wildlife Refuge are located to the northeast of the Airport. The Airport is currently fenced to reduce the Likelihood of finding wildlife on the Airport. The trees affected by the Proposed Projects are frequently over flown by aircraft at low altitude considerably reducing the likelihood of nesting birds. Although the bald eagle (1-laliaeetus leucocephalus) is no longer an endangered species, it is protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Based upon the studies completed in 2002 (noted above) there were no bald eagle nests in any areas affected by the Projects. Based on information available from the U.S. Fish and Wildlife Service (USFWS), Alaska Region, the bald eagle nesting period in Alaska begins with courtship and nest building in February and ends when the young fledge by late August into early September. The non - nesting period is from mid- September into October through January. Plants — Soils in the vicinity of the Projects are generally considered to be upland with variations of wetland inclusions. These soils support spruce and birch trees and in wetter places willows. The forest understory includes native berry and shrub species, with a limited groundcover of low -lying herbaceous plants. Based upon a wetland functional assessment completed in 2005, one small area just north of First Avenue along Airport/Cemetery Creek is rated as a wetland with up to 10 percent upland inclusions (see discussion under Topic 4.12, Wetlands). Areas south of First Avenue were not included in the wetland functional assessment, but information available from the Natural Resources Conservation Service (MRCS) indicates soils in this area are all "partially hydric ". Trees in this area are similar to those found throughout the Airport. Environmental Consequences — Due to the nature and location of the Proposed Action, the potential exists to impact both fish and bird habitats. To avoid potential impacts to fish habitat and the wetland a number of best management practices are to be imposed on the contractor. These are described earlier under the subject Construction Water Quality within Topic 4.4, "Construction Impacts ". It should be noted that to the extent possible these projects would be accomplished during the winter months when the creeks are frozen and fish are not spawning. Accomplishing the projects in winter avoids impacts to migratory birds, but tree cutting activities by its nature will remove some bird habitat and has the potential to impact the bald eagle, a protected species. Although no bald eagle nests have been found in previous studies, comments received during scoping from the U.S. Fish and Wildlife Service (see Appendix A) indicate there are issues across the State with bald eagles nesting on airport property or in close proximity. To avoid potential impacts, prior to work commencing, a current nest survey will be accomplished by a qualified 13 researcher to verify that no bald eagle nests are present in the areas to be cleared. Based on U.S. Fish and Wildlife Service guidelines, and the fact that the proposed projects are to be accomplished during the non - nesting period, the area to be surveyed will need to extend at least 330 feet beyond the area of the affected trees, since that distance represents the USFWS recommended minimum avoidance area for any timber operations at any time of the year. By accomplishing the projects during the winter months the proposed projects should avoid any conflicts with the Migratory Bird Treaty Act, which would restrict activities such as tree cutting and clearing between May 1 and July 15 to protect migratory birds. Winter timing of the projects should also avoid conflicts with the Bald and Golden Eagle Protection Act, unless the mitigation nest survey determines that a nearby nesting site affects one or more of the proposed projects. 4.6 Hazardous Materials, Pollution Prevention, and Solid Waste Affected Environment - Previous and recent (January 2010) searches of the Contaminated Sites Program (CSP), Leaking Underground Storage Tanks (LUST) databases available from the Alaska Department of Environmental Conservation (ADEC), Division of Spill Prevention and Response indicates there are no contaminated sites within the areas affected by the proposed projects. Environmental Consequences - Construction requirements do not include any sub- surface digging, however, tree limbs and trunks will be removed as a result of the proposed projects. To the extent that these natural materials are not recycled or ground as mulch the remainder would be considered as solid waste and disposed of by the City's Contractor, most likely as saw logs and firewood. Some maintenance of logging and hauling equipment, such as topping off chain oil, fueling, or greasing mechanical joints may be done on site, but such activities are limited to the public road system and more significant maintenance would be accomplished at the contractor's place of business. The contractor would be responsible for any spills of these liquids as well as other pollution prevention measures as noted under Topic 4.4, "Construction Impacts ". No significant impacts from hazardous materials or solid waste are anticipated. C7 Historical, Architectural, Archaeological and Cultural Resources Affected Environment - The State Historic Preservation Officer (SHPO) has previously determined that the Kenai River valley has a very high potential for prehistoric village sites, although the likelihood of finding such sites in already disturbed areas is considerably reduced. All of the proposed projects are located in areas where land disturbance has occurred either as a result of Airport development, highway construction, or residential activities. Based on previous surveys for prehistoric, historic, archeological, or paleontological resources in the Airport 14 vicinity, no Airport properties and none of the private properties are considered to be eligible for inclusion in the National Register of Historic Places. Environmental Consequences — In response to the scoping request, SHP® issued a "no historic properties affected" determination on August 24, 2011 (see Appendix A). Although no impacts to historical, architectural, archaeological or cultural resources are anticipated, if such resources are discovered, work at that location will be stopped . and the State Historic Preservation Officer will be notified. 4.8 Light Emissions and Visual Impacts Affected Environment — There are considerable forest resources on and off the Airport in the area affected by the Proposed Action. in addition to reflecting the natural beauty of the surrounding area, these resources serve to screen some surrounding private properties from on- Airport lighting and provide a visual and limited buffer for aircraft noise. Environmental Consequences - Since all construction work would be accomplished during daylight hours there should be no light emissions associated with the proposed projects. Proposed Projects 2 and 3, to the extent they affect private properties, may be perceived as affecting the aesthetic values of some private properties and may create visual impacts due to the selected removal of trees that screen unwanted views. Eight of the 14 affected properties are subject to existing avigation easements that permit the removal of objects that penetrate navigable airspace, which is defined uniquely for each property owner in the avigation easement. The affected properties requiring new avigation easements are, in some cases, further away from the runway and the required avigation easement heights are based on a higher elevation. Due to the existing avigation easements and purchase of additional avigation easements, these potential visual issues are not considered to be impacts. The U.S. Department of Agriculture, in its scoping response, suggested the City institute a tree planting program based on a multi -aged, multi - height forest using reforestation stock, not landscape trees. To offset potential impacts to visual resources, the City is proposing to top the trees along a 50- to 100 -foot hedgerow buffer area on the Airport parallel to Float Plane Road between Second and Fifth Avenues and to plant reforestation trees on the private properties, if requested by the property owner. This planting program not only addresses the short-term replacement of visual resources, but will also contribute in Project 4 to reducing the need for a continuing tree maintenance program. t9 Noise Affected Environment — Residential areas affected by the proposed projects are 300 to 800 feet off the extended runway centerline of Runway 1L -19R. rased on current airport operations none of these properties are impacted by aircraft noise at levels above the federal standard of 65 dB based on the Day -Night Level (DNL) noise 15 metric. Existing tree resources between the residential areas and the Airport provide some limited screening of airport operational noises. Traffic and traffic noise is not a factor along First Avenue or in the residential areas because traffic volumes are very low. Environmental Consequences — There are potential direct impacts from the noise created by the various equipments used to accomplish the Proposed Action. These are described earlier under the subject Construction Equipment Noise within Topic 4, "Construction Impacts ". To mitigate these impacts the City of Kenai will limit work hours to between 8:00 am and 6:00 pm when work is conducted within 300 feet of residential areas. Removing the trees will not change the modeled effects of aircraft operations at the Airport on surrounding residential areas since the distances between them are not affected by the proposed projects. But trees do provide a screening function and by increasing the visibility between the surrounding residential properties and the Airport by removing many trees there may be an increase in the perception of aircraft operations and therefore aircraft noise. One unavoidable impact of the proposed projects may be increased complaints about aircraft noise. Although the existing tree buffer between the Airport and surrounding residential properties will be reduced by the Proposed Action, no long -term noise issues are created as a result of the Proposed Projects. The U.S. Department of Agriculture, in its seeping response, suggested the City institute a tree planting program based on a multi -aged, multi- height forest using reforestation stock, not landscape trees. The tree planting program along the Airport property line would also provide a limited noise buffer for aircraft operations. See discussion of the City's proposed tree planting program under Topic 4.8, "Light Emissions and Visual Impacts." 4.10 Water Quality Affected Environment - Water quality at the Airport is affected by contaminants in stormwater runoff from runways and taxiways which may include oil and grease residues, tire particles, plant and animal debris (i.e., leaves, dust, and animal feces), and general litter. The drainage system within the Airport is largely made up of naturally vegetated drainage ditches coupled with storm drains. Runoff from the Airport is directed to a stream locally known as Airport/Cemetery Creek, portions of which are an anadromous fish resource, as previously discussed. Environmental Consequences - The Airport drainage system is not affected by Project 1, since no structures are being added and no soil along the drainage system is being disturbed. However, trees adjacent to this stream are being removed. To avoid potential impacts to downstream water quality and the fish habitat a number of hest 16 management practices are to be imposed on the contractor. These are described earlier under the subject "Construction Water Quality" within Topic 4.4, "Construction Impacts ". The removal of many trees may contribute to slightly increased water runoff since the trees are not available to extract water from the soil. This is not considered to be a significant impact as the work will be completed when the ground is frozen and there is snow cover protecting the ground understory vegetation. 4.11 Wetlands Affected Environment - Soils information for the project area is available from the Natural Resources Conservation Service (NRCS) and a Preliminary Jurisdictional Determination and Wetland Functional Assessment that was updated and amended in 2005 to include the entire Airport. Wetlands data are also available through CIS features found on the Kenai Peninsula Borough web site. The referenced functional assessment studies identified wetland areas that were considered to be protected and the relative significance of them as wetland resources. The findings of the Jurisdictional Determination and Wetland Functional Assessment were agreed to by the U.S. Army Corps of Engineers ( USACOE) in their correspondence of October 17, 2005. With the exception of a small area north of First Avenue, the projects affect lands generally classified as Upland, some with wetland inclusions. The smaller area north of First Avenue is classified as a Wetland with Upland inclusions up to 10 percent. Areas south of First Avenue were not included in the Preliminary Jurisdictional etermination and Wetland Functional Assessment, but NRCS data for this area suggests soils here are partially hydric and there are pools of water observable in the streambed. The area north and south of First Avenue is also an area of steeper topography. Information available from the Kenai Peninsula Borough supports the conclusion of wetland areas south of First Avenue to the Kenai Spur Highway, however these are marked as "disturbed" on available mapping a Since the Jurisdictional Determination is valid for only a five -year period that has now elapsed, discussions were held with the U.S. Army Corps of Engineers to confirm whether or not those findings as applied to the area affected by these proposed projects would still lead to a conclusion of no impacts, require mitigations, and /or require a new functional assessment, USACOE deteimination, and potentially a Section 404 permit. The U.S. Army Corps of Engineers stated that no U.S. Army Corps of Engineers' permit would be required for the project (Conversation with David Casey, USACOE on October 14, 2011). Environmental Consequences — Since the proposed projects do not require any soil disturbance beyond the movement of vehicles over the surface, and since the 17 proposed work would be accomplished during the winter months, no impacts to wetland resources are anticipated. Based on discussions with the U.S. Army Corps of Engineers (as noted above) no Section 404 permit is required. 412 Other Considerations Proposed Project 1 is not expected to be controversial on environmental grounds since the project takes place within Airport property. Proposed Projects 2 and 3 affect fourteen private properties and may be controversial on aesthetic grounds because the appearances of private properties would be altered. Existing avigation easements on the eight private properties in Project 2 provide a legal basis for removal or topping of selected trees due to their penetration of approach and departure surfaces defined in Federal Aviation Regulation Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, and FAA Order 8260.3B, United States Standard far Terminal Instrument Procedures ( TERPS). Although these avigation easements have been in place since the mid 1960s they have not been complied with and the trees have not been either removed or topped. The lack of previous compliance potentially contributes to the controversial nature of Projects 2 and 3. However, by following applicable environmental laws and providing appropriate mitigation measures, Projects 2 and 3 should not he controversial on environmental grounds. The existence of avigation easements covering all properties affected by Project 2 suggests that federal, state, and local public agencies anticipated the need to control obstructions in navigable airspace outside the Airport boundary. In this context, Projects 1 and 2 are consistent with federal, state, and local laws pertaining to the environment. Project 3 is also consistent with FAA requirements for the Airport and, based on the anticipated affects associated with the properties already subject to avigation easements in Project 2, is also expected to be consistent with federal, state, and local laws pertaining to the environment. Some inconsistencies exist between the elevation requirements of individual avigation easements and current FAR Part 77 and TERPS requirements defined by the FAA- approved Airport Layout Plan (ALP) Generally, the avigation easements specify a lower elevation for obstacles and thus allow a greater amount of trimming and cutting than is required to meet FAR Part 77 and TERPS requirements. The City of Kenai will trim the trees consistent with FAR Part 77 and TERPS requirements, with a reasonable undercut, and not trim and cut the trees to the elevations defined by the avigation easements. The City of Kenai, as the Airport Sponsor, receives grants under various FAA Airport improvement Programs. These grants obligate the sponsor to maintain the Airport in accordance with FAA regulations, guidelines and grant assurances. Among these obligations, the City is required to remove or mitigate hazards to air navigation including protection of the airspace in order to maintain the present published instrument arrival and departure procedures. The City of Kenai carries out its 18 obligations to the Airport through adoption of the Airport Master Plan, the City's Comprehensive Plan, its zoning code, and an FAA- approved Airport Layout Plan. In the case of these Proposed Projects, the City is required to act directly to resolve a public safety issue. Collectively these various actions provide a basis for preventing the creation of man-made hazards or obstructions. The natural environment, including trees, requires actions such as those proposed. in this context, the requirements are consistent with regional and local plans. Project 4 incorporates the same impacts and mitigations as Projects 1, 2 and 3. The tree planting program proposed by the City of Kenai is expected to provide a longer - term solution to the tree growth issue and reduce the need for continuous tree cutting maintenance projects in the future as the trees will not grow as tall (see discussion of the City's proposed tree planting program under Topic 4.8, "Light Emissions and Visual Impacts "). 5.0 Agency and Public Coordination Federal, State and local agencies, as well as local organizations and affected property owners, were contacted for information or for a review of the findings during preparation of this Environmental Assessment. A Scoping Document was prepared and distributed to affected agencies on August 22, 2011. Affected private property owners and nearby property owners were also notified of the Proposed Action and the public scoping meeting by mail on August 22, 2011. Agency and public scoping meetings, to discuss the proposed projects, were held on September 8, 2011 at the Kenai City Hall. The affected property owners were also contacted by telephone by the City and follow up letters were sent out inviting the property owners to meet with the City to discuss the process by which they can mutually mitigate the tree obstructions. The Scoping Document, the notification letter to the private property owners, together with the agency and public comments and responses are included in Appendix A. The Agency Distribution List is also included in Appendix A. A listing of the private property owners notified is available from the City. Meeting notices, minutes for these meetings and attendees are presented in Appendix B. Government -to- Government Coordination letters were sent to the Kenaitze Indian Tribe and Salamatof Native Association on September 22, 2011 (see Appendix A). Both tribes were also sent copies of the Scoping Document on August 22, 2011. The tribes did not request to coordinate directly with the FAA. The Draft Environmental Assessment was made available for review by the agencies and public, and notification of the document availability was accomplished through letters to nearby property owners and a notice published in the Peninsula Clarion, the 19 local newspaper. The document was available for review at the Kenai Municipal Airport, Kenai Community Library, Kenai City Hall, Federal Aviation Administration and on the Kenai Municipal Airport website. Anyone wishing to comment on the Draft Environmental Assessment could do so either in writing during the review period or in person at the Public Information Meeting. A notice of the time and location of the Public Information Meeting was placed in the Peninsula Clarion. Written comments were accepted up to and including the date of the review period and at the Public Information Meeting. The comments, and responses, from the Public Information Meeting held on January 12, 2011 are included in Appendix B. 6.0 Environmental Commitments and Mitigation The following environmental commitments, mitigation measures, and best management practices are proposed to reduce the potential impacts to less than significant levels. These various requirements will be added to the contractual specifications. ® To avoid potential impacts prior to work commencing, a bald eagle nest survey will be accomplished by a qualified researcher to verify that no bald eagle nests are present in the areas to be cleared. • Cutting and clearing activities must be completed outside the May 1 through July 15 "window" specified in the Migratory Bird Treaty Act. ® Work hours shall be limited to between 8:00 am and 6:00 pm when work is conducted within 300 feet of residential areas. The City will coordinate a time and date for the work to be accomplished on private properties and this may include Saturdays and Sundays. ® The stream bank and streambed of Airport Creek/Cemetery Creek shall not be altered or disturbed in any way. No equipment shall be allowed within 100 feet of the stream bank and any trees requiring falling will be cabled out. Equipment shall not operate in flowing water. ® There shall be no crossings of Airport Creek/Cemetery Creek except on public roadways. • Activities shall be scheduled for late winter to early spring (March and April) when the ground is frozen and covered with several feet of accumulated snow to avoid disturbance of surface vegetation and spawning areas and sensitive fish life stages and habitats. To facilitate proper implementation of the practices during the snow covered, winter months when the stream course may not be as obvious, Airport Creek/Cemetery Creek and its buffer area will be clearly flagged. • Downed branches or trunks may not be dropped into Airport Creek/Cemetery Creek. Should this occur inadvertently they will be removed. All operations shall 20 be conducted in compliance with AS 16.05.871 so as to avoid stream silting, interference with the passage of fish, or injury to the spawning grounds. The stream bank, including stream bank vegetation, shall not be altered to facilitate debris removal. Parked equipment, refueling of equipment or the storage of petroleum products shall be limited to established staging areas provided on the Airport. The City of Kenai will implement a reforestation program using reforestation trees on the private properties, if requested by the property owner. The City of Kenai will top the trees to provide a 50- to 100 -foot hedgerow buffer area on the Airport property parallel to Float Plane Road between Second and Fifth Avenues and around the City Lots 123, 173 and 174 planned for the cemetery expansion. 21 . a A 0" • r,�" a.. 4 kV sN�� e—� �y�ypv Via' `- � 1. i,i rte' - `- - < x 11 P• F_aIr �i T? �L 'YT A i S '�` ►' � ' �v ^k G.s "or T+� .wop 3.• f[?1 ) 1 aft F� ION t _ j *1'n @]G $ y _ i� t • x71 a�� y� _� 4y Awe Y1 R J. t '4� rte" h •ii ��A�� ♦ p 0. 201 SNANN BY V.C. ]IEIX6 BY CM MALE ASSHOWN WRO1 No. 2011.Wi 0_ a CC O w w N- m N- o re D DEPARTURE TRC CORAL ST 2 C•v 2H. C.D] a.x 5-x t -0 3- LEGEND ®TREES ABOVE PART 77/TERPS ( 1,814 TOTAL POINTS) TREES 10' BELOW PART 77ITERPS (817 TOTAL POINTS) EXISTING AVIGATION EASEMENT ADDITIONAL OR AVIGATION EASEMENTS TO BE ACQUIRED. V EQUIPMENT STAGING AREA MAGNETIC NORTH 10.00= -- -200.0 BOW® DA IE Jon 12, 2012 ORAWN 8Y V C. 080000 BY C.M. 008+0 AB SHOWN PROD. NO. 2011.004 21 +00 TERPS 40:1 5+00 DEPARTURE +0o- 0 +00 1 +00 2 +00 3 *00 4+00 1 I I I i 1 0002 8I 00 CORAL Si 100.00 11000 12000 -- LEGEND ()TREES ABOVE PART 77/TERPS ( 1,814 TOTAL POINTS) @TREES 10' BELOW PART 77 /TERPS (817 TOTAL POINTS) EXISTING CONTOURS - - - -- EXISTING AVIGATION EASEMENT ADDITIONAL OR AVIGATION EASEMENTS TO BE ACQUIRED. Q EQUIPMENT STAGING AREA I 4 FIGURE 32 PUBLISHER'S AFFIDAVIT UNITED STATES OF' AMERICA, STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Work Session PO #96546 a printed copy of which is hereto annexed was published in said paper one each and every day for two successive and consecutive days following dates: February 15. 19 2012 in the issues on the .iu/ta, SUBSCRIBED AND SWORN to me before 20th ay of Febru4rry . 2012 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 PUBLIC NOTICE Notice is hereby given;.: the Kenai City Council will meet in a work session c'r, r,.,.:#;..;, F4:.' 21, 2012 to discuss the Kenai Municipal Airport Tree Obstruction Removal Project. The work session wi.d :be held in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai, Alaska and will begin at 6.00 p.m. The work session is open to the public,, Contact the Kenai City Clerk% office at 2B3 -7535, extension 231 with questions. Sandra Modigh, City Clerk D13612