DOWL Eklutna Site 4 Resource Extraction and Snow Storage Site Permit Time Extension Request (TPD1704048)

Dear Mr. Schoenthal:

DOWL, on behalf of Eklutna Inc. (El}, is requesting approval of a five-year time extension  for  an existing Conditional Use Permit (CUP} for natural resource extraction (Appendix A – Resolution 2007-022}. The property is legally described as T15N R2W, Portions of Sections 26, 34 and 35  (Eklutna Site 4), parcel tax ID 051-651-04.

Section B.8 of the Resolution states:

“This approval is valid until January 31, 2017. Prior to that expiration, the petitioner may apply for a time extension. The time extension would be granted after a non­ public hearing if the Commission finds the operation has not violated the conditions of approval nor has it created environmental problems either on-site or off-site”

The operation has not violated the conditions of approval and will continue to comply with these conditions during the five-year extension period. Furthermore, the operation has not created environmental problems on-site or off-site. In 2008, trucks were delivering fill material  onsite for the construction of a berm, adjacent to the Alaska Rail Road corridor, for noise and visual attenuation for future site development. There were some initial noise complaints resulting from idling trucks that were queuing prior to the security gate being opened. Eklutna immediately resolved this issue with its operat ors. The secured and controlled access has been further enchanced with a second key card/fob electronic system and camera system that limits access to only those that are authorized as well as capturing a photo log of vehicles and loads.

A 5-year time extension was approved in 2012 (Appendix B – Resolution 2012-014). To  date there have been no additional complaints (Appendix C- Annual Reports).

Due to low construction activity and demand in the area the site was fairly inactive from 2007 through 2012 except for site preparation. However, Eklutna Inc. owns many acres of residential lands near Site 4, including Powder Reserve and Powder Ridge Subdivisions. Since 2012, new phases of residential development have opened in both of these subdivisions and new construction

Mr.    Terry Schoenthal Municipality of Anchorage January 4, 2017

Page 2

has been ongoing. Additionally, Eklutna’s gravel operation next to the Native Village of Eklutna (Site 1} will be closing out over the next two years, making Site 4 an integral source for fill and gravel in the area and make the extension of the CUP necessary. We are requesting approval of our request for a five-year extension to a CUP for Natural Resource Extraction, as amended, and greatly appreciate your consideration. If you have any questions, or need additional information, please do not hesitate to call me at my office.

Michelle J. Ritter,  AICP Land Use Planning Manager

Attachment(s}: As stated

NOTICE OF ZONING ACTION

MUNICIPALITY  OF ANCHORAGE

PLANNING AND ZONING COMMISSION RESOLUTION NO. 2007-022

A RESOLUTION APPROVING A FINAL CONDITIONAL USE FOR A NATURAL RESOURCE EXTRACTION PER A.M.C 21.50.020 AND 21.50.070, FOR  Tl5N,  R2W, PTN SEC 26, 34, 35; GENERALLY LOCATED EAST OF CLUNE LAKE, ADJACENT TO RAILROAD RIGHT-OF-WAY.

 (Cal;_e_: 007-040</span>; Tax ID No. 051-651-04)

WHEREAS, a petition has been received from Eklutna Incorporated  represented by DOWL Engineers requesting approval of a natural resource extraction (NRE)  per AMC 21.50.020 and 21.50.070, for TlSn, R2W, PTN Sec 26, 34, 35; generally located east of Clune Lake, adjacent to railroad right-of-way, and

WHEREAS, notices were published, posted and mailed and a public hearing was held on February 12, 2007.

NOW THEREFORE BE IT RESOLVED, by the Municipal Planning and Zoning Commission that:

1. The Commission makes the following findings of fact:

L           The entire property is approximately 500 acres in size, but this conditional use application is for the northernmost approximately 130 acres, which includes a previous NRE site of about 40 acres, as shown on exhibit map A.

1. The petition site is zoned T, which allows NRE by conditional use. The other properties in the area are generally undeveloped, however the only access road at the present time runs along the north boundary of a residential subdivision.

1. The proposed use at this location is consistent with Chugiak-Eagle River Plan which designates the property as Mixed Use in the 1993 plan, and Development Reserve in the December  2006 update. Development Reserve means that the area is suitable for development, but due to location and lack of facilities, near to intermediate term  development is not expected.

4,         Public testimony has indicated issues of noise and dust associated with the gravel pit and truck traffic.

1. The Commission approves the above referenced site plan subject to the following conditions:

1. A Notice of Zoning Action, including a copy of the approved

Commission resolution for this case, shall be filed with the State District Recorder’s Office and proof of such shall be submitted to the

Planning Department.

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Planning and Zoning Commissio’ n

Resolution 2007-022

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1. This conditional use is intended to allow final conditional use approval for natural resource extraction and processing/loading for Site 4, Sec 26, 34, 35, Tl5N, R2W, generally located east of Clune Lake; as generally indicated in the submitted narrative, plans, and as amended herein.

1. Within 30 days of approval of the conditional use, the applicant shall schedule an on site stream and wetland mapping survey with the Municipal Watershed Management Division. The actual survey will be conducted as soon as weather and ground conditions will allow. All streams, waterways, and wetlands shall have a 100 foot protective buffer, unless Watershed Management determines a lesser buffer is appropriate.

1. All construction shall substantially conform to the petitioner’s

narrative and submitted plans on file at the Planning Department, except as modified by other conditions herein.

5,      Prior to the issuance of any land use or excavation permit, the following shall be accomplished:

1. Review and approval of a final Air Quality Plan by the Department of Health and Social Services, Air Quality Office; the plan  shall include  any dust mitigation  measures  on public roadways and on the roadways within the site; a copy  of the approved plan shall be submitted to the Planning

Department. The petitioner shall use dust abatement {application of

“Durasoil” or similar measures) as appropriate

1. Provide a drainage plan, sedimentation and erosion control plan, and a plan for the treatment of storm.water runoff to Municipal Project Management and Engineering Section for review and approval. Include copies of any required AK-DNR or AK-DEC applications, permits or plans.

1. Provide a landscaping plan for the period of natural resource extraction to ensure that as areas are exhausted there is slope stabilization, replacement of subsoil and top soil, and plantings.

ci       A noise control permit application shall be submitted for review, to be approved by DHHS, with a copy to be provided to the Planning Department. Blasting is not allowed. All equipment used in these operations shall comply with Chapter 15.70 Noise Control of the Anchorage Municipal Code. Idling of trucks near residential areas, for example near Powder Ridge Subdivision along Eklutna Park Drive, is not allowed.

1. Operational hours for excavation, hauling, and maintenance shall be limited to 7:00 am. to 6:00 p.m., Monday through Saturday. No gravel operations, hauling, or maintenance are allowed on

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Sundays, holidays, or outside of the above hours.

1. The operation of the site shall include the following:

1. On-site personnel shall be formally trained on all aspects of the excavation operation.

1. The telephone number of the contractor selected to perform the work, as well as a contact telephone number for the owners, shall be placed on site. The sign shall be of sufficient size to be visible from the adjacent roadways and the view of the sign shall be unobstructed by equipment, machinery, vegetation and the like.

1. On-site personnel shall have total authority to direct road clean-up and maintenance operations as needed. On-site personnel sball have the authority to call a sweeper, water truck and motor grader, as necessary, and to respond to specific site conditions or complaints. Submit a waste disposal plan which addresses vehicle and equipment mainten ance.

1. Circulation roads within the excavation area shall be maintained to

rniniroi?P. materials carried onto the adjacent properties.

1. The owners shall identify contact people to respond to public inquiries. The telephone numbers of the contact people shall be provided to the Chair of the Chugiak Community Council, and Chair of the Eagle River Community Council, and representatives of the Village of Eklutna and Eklutna Inc., and to the Manager, Land Use Enforcement. The Community Council chairman and Land Use Enforcement shall be notified of any change in the contact personnel or business telephone number(s).

1. This approval is valid until January 31, 2012. Prior to that expiration, the petitioner may apply for a time extension. The time extension would be granted after a non-public hearing if the Commission finds the operation has not violated the conditions of approval nor has it created environmental problems either on-site or off- site .

9 .         Beginning December 1, 2007, and every December 1 thereafter, the applicant shall submit an annual monitoring report to the Planning Department. The report shall contain the following inf ormation:

a      A log of any complaints reported in the previous year and how the complaint was the resolved.

b.      An update on the amount of material removed during the previous year, and an update, if necessary, of any change to the proposed completion date.

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Plamting and Zoning Commission Resolution 2007-022

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10.      At the end of the extraction process, a close-out inspection of the property with representatives of the Planning Department, AK-DEC, DHHS and PM&amp;E shall be conducted to evaluate the restoration and landscaping plan. The restoration of the property shall be subject to a close out review or shall be restored via a method approved by DHHS,

DNR, DEC and PM&amp;E. The restoration of the site shall have finished slopes not exceeding three to one (3:1).

1 L      Prior to any subdivision, the applicant shall resolve with the Planning and Traffic Departments, the need for, and timing of trail easements.

1. Prior to commencement of operations, the applicant shall submit four copies of the final site plan, as amended by this conditional use, for the 130 acre site to include, but not limited to:
   1. The approximate excavation area boundaries (phasing if proposed), including a 50 foot setback from all property lines, equipment, machinery, and fines/overburden storage area, estimates of amounts of materials to be excavated and a timetable.
   2. Traffic access points, and gates and fencing.

Berms, whether for buffering, stream or wetland protection

1. Buffer landscaping where adjacent to residential districts.
2. Estimated maximum depth of excavation.
3. Submit, for the Planning Department file, letters of authorization from AK-DOT and AKRR for property access and transportation routes. Resolve with AK-DOT and the Municipal Traffic Engineer, the need for a truck/tire wash station on site.
4. Resolve with AK-DOT and the Municipal Traffic Engineer the need for any upgrades or :improvements to Eklutna Park Drive.
   1. Natural resource extraction operations are limited to two feet above the water table.
   2. Provide a transportation operations management plan to the Planning Department and Traffic Department staff, on an annual basis, the intent of which is to deal with :impacts caused by truck traffic on Eklutna Parkway [aka Ek:lutna Park Drive). No parking, idling, and no Jake braking (engine compression braking) operations are allowed on Eklutna Parkway. Adequate space shall be provided within the site for vehicle storage. A dust surfactant product, for example, “Durasoil” shall be applied to Ek:lutna Parkway as needed.

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Planning and Zoning Commission· Resolution 2007-022

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.                                  PASSED AND APPROVED by the Municipal Planning and Zoning Commission

.on the i 2th day of March 2007.

ADOPTED Anchorage Municipal Planning and Zoning Commission this

q.£K.J _ day      of                       2007.   If the     secretary  received  a  wri request  and  intent

to appeal, this written decision/resolution of the Planning and Zoning Commission is final and any party may appeal it within fifteen (15) days to the Board of Adjustment pursuant to Anchorage Municipal Code 21.30.030 and Anchorage Municipal Code of Regulations 21.10.304. If the secretary did not receive a written request and intent to appeal within seven (7) calendar days of the date the decision was made on the record, March 12, 2007, then this written decision is final and not appealable to any other adiilinistrative body. Final administrative decisions with no further administrative remedy may be appealed to the Superior Court within thirty (30) days.

Tom   Nelson

Secretary

Toni Jones

Chair

(Case 2007-040; Tax ID No. 051-651-04)

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EXHIBIT

MUNICIPALITY OF ANCHORAGE

PLANNING AND ZONING COMMISSION RESOLUTION NO. 2012-014

A RESOLUTION GRANTING APPROVAL OF AN AMENDMENT TO A FINAL CONDITIONAL USE FOR A NATURAL RESOURCE EXTRACTION SITE, EKLUTNA SITE 4, T15N, R2W, PTN  SEC 26, 34, and 35, S.M. ALASKA; GENERALLY LOCATED EAST OF  CLUNE  LAKE, ADJACENT TO THE ALASKA RAILROAD RIGHT-OF-WAY.

(Case 2012-031; Tax I.D. No. 051-651-04)

WHEREAS, a petition has been received from the  DOWL Engineers,  representative, Jim Arnesen, Eklutna Inc., petitioner, for an amendment to a  final  conditional  use  for  a natural resource extraction site, Eklutna Site 4, T15N, R2W, PTN Sec 26, 34, and 35, S.M. Alaska; generally located east of  Clune  Lake,  adjacent  to  the  Alaska Railroad  right-of-way, in Eklutna Village, and

WHEREAS, a public meeting was held on March 5, 2012, and

NOW, THEREFORE BE IT RESOLVED, by the Municipal Planning and Zoning Commission that:

1. The Commission makes the following findings of fact:

1. This is a request for a minor amendment to a final conditional use for a natural resource extraction site, case 2007-040. The property is commonly referred to as Eklutna Site 4 and is owned by Eklutna, Inc. The property is located northwest of Eagle River Powder Reserve.

1. The Planning and Zoning Commission approved the  final conditional use on February 12, 2007, with Resolution 2007-022 (attached). Section B.8 of the Resolution states: “This approval is valid until January 31, 2012. Prior to that expiration, the petitioner may apply for a time extension. The time extension would be granted after a non­ public hearing if the Commission finds the operation has  not violated the conditions of approval nor has it created environmental problems either on-site or off-site.”

1. None of the reviewing agencies have objected to the granting of the time extension. No complaints have been reported from the public. The current conditions are substantially the same as those which existed when the final conditional use was originally approved.

1. The Commission approves the 5-year time extension to January 31, 2017.

Planning and Zoning Commission Resolution 2012-014

Page 2

PASSED AND APPROVED by the Municipal Planning and  Zoning Commission  the 5th day of March 2012.

ADOPTED by the Anchorage Municipal Planning and Zoning Commission this 7th day of May, 2012. This written decision/resolution of the Planning and Zoning Commission is final and any party may appeal it within twenty (20) days to the Board of Adjustment pursuant to the Anchorage Municipal Code 21.30.030.

Jerry f. Weaver, Jr

Secretary

fro

Conn Ch.

(Case 2012-031; Tax I.D. No. 051-6 51-0 4 )

16515 Centerfield Drive, Suite 201 Eagle River, AK 99577

P: 907.696.2828

F: 907.696.2845

www.eklutnainc.com

–Ii  –_-.,.., ,

Eklutna            LLG

February 25, 2015

Mr. Tim Hamrick Municipality of Anchorage

Code Enforcement of Public Works

P.O. Box 196650 Anchorage, AK 99519-6650

Re: Combined Annual Monitoring Report for Resolutions 2007-022; 2008-967; 2013-002 (North Eagle River – Site 4)

Dear Mr. Hamrick,

Eklutna Services LLC is submitting the 2007-2014 Combined Annual report for the North Eagle Eklutna Site 4.

The total amount of export resource for the years 2007-2013 was zero, no exports. The total amount of export resource for the years 2014 was 16,861 cubic yards.

The site received a limited amount snow during 2013 and 2014.

Eklutna Services LLC had personnel on-site when the site was operational. They were responsible to track load counts of all incoming material, loading and weighing and logging complaints and maintaining a clean and safe worksite.

Eklutna, Inc. and Eklutna Services LLC did not receive any complaints for the period from 2007 through 2014. If you have any questions regarding this letter, please call me at (907) 696-2828 or email me at nfrancis@eklutnainc.com.

Thank you,

Nick Francis

Director of Contracting, Construction

&amp; Government Affairs

PJ(t_

16515 Centerfield Dr, Ste 201 Eagle River, AK 99577 Phone: 907-696-2828

Fax:     907-696-2845

w1.vw.eklutnainc.com

January 4, 2017

Mr. Terry Schoenthal, Current Planning Manager Municipality of Anchorage

P.O. Box 196650

Anchorage, Alaska 99510-6650

Dear Mr. Schoenthal:

Eklutna, Inc. is the owner ofT15N R2W, Section 35, Tract 38 (Eklutna Site 4), parcel tax ID 051-641-05. We authorize DOWL to act on our behalf in requesting a five-year extension for a Conditional Use Pennit to allow gravel extraction on this parcel.

Sincerely, Eklutna, Inc.

SteYe Connelly  , ,       r

Director of Lands &amp; Regulatory Affairs