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City of Larsen Bay Page 1
Bulk Fuel Facility Business Operating Plan
Site Control Documents
Site Control Opinion
Tank Farm Site, Pipeline, Marine Header and Dispenser
Larsen Bay, Alaska
As requested, I have reviewed the land status for the Larsen Bay Fuel System Upgrade project.
Land Status Summary
Land records were researched at the Bureau of Land Management, the State Department of
Commerce and Economic Development, the State Department of Natural Resources and the
State Recording Office. Research of the State Recording Office information was conducted on
line.
Tank Farm. The new proposed fuel tank farm appears to be located on a parcel of land
identified as Tract 37 which is within sections 31 and 32, Township 30S., Range 29W. Seward
Meridian. The City of Larsen Bay is the owner of record for this tract. Koniag, Inc., successor
in interest of Nu-Nachk Pit Inc, issued a statutory quitclaim deed to the City of Larsen Bay on
July 30, 1997. The deed was recorded on August 18, 1997, at Book 151, page 426, in the
Kodiak Recording District. A copy of the recorded deed is attached.
Fuel pipeline (upland portion). The proposed new fuel pipeline appears to cross Tract 37,
Tract H and Lot 10, in Section 31, Township 30S. Range 29 W., Seward Meridian. The City of
Larsen Bay owns all of these parcels by the same statutory quitclaim deed referenced above.
Additionally, the City also owns Lot 11, which is adjacent to Lot 10 to the south and Tract F
which, is adjacent to Lots 10 and 11 to the east.
Fuel pipeline, marine header, and marine dispenser (tide and submerged land portion).
Portions of the pipeline and the marine header and dispenser will be on tide and submerged land.
The State of Alaska has jurisdiction over tide and submerged land. However, the City of Larsen
Bay has applied (ADL 227775) for certain tide and submerged land in Larsen Bay. The
application includes the project area. On September 24, 2001, the State of Alaska, Division of
Mining, Land, and Water issued a “Final Finding and Decision” concerning the conveyance of
the tide and submerged land to the City of Larsen Bay. The final finding was that it was in the
best interest of the State to convey about 98 acres of tide and submerged land to the City of
Larsen Bay. This area includes the small boat harbor and the marine header and dispenser areas
The decision states that “management authority will transfer to the City when this decision goes
into effect.” The decision was not appealed and became effective on October 15, 2001.
Therefore, the City of Larsen Bay has management authority for the tide and submerged land
applied for under ADL 22775. A copy of the decision, which includes a map of the area to be
conveyed, is attached. On February 25, 2002, the State issued survey instructions for the survey
of the tide and submerged land applied for by the City. The City must have a survey completed
before actual title can be transferred.
City of Larsen Bay Page 2
Bulk Fuel Facility Business Operating Plan
Site Control Documents
Note: A 400 hundred foot portion of the road to the dock was apparently constructed with BIA
funding. This portion of the road is located on tideland. As noted above the City has
management authority over this portion of tideland. Allan Panamaroff, Mayor of Larsen Bay,
verified that the road was indeed built with BIA funds. However, he also stated that the City has
a maintenance agreement with BIA and that the City has management and maintenance authority
for the road.
Site control summary
The proposed tank farm and the upland portion of the pipeline appear to be on land owned by the
City of Larsen Bay. The City of Larsen Bay has been granted management authority for the tide
and submerged land under application. Accordingly, the City has the authority to proceed with
desired management action within the application boundary. Therefore, in my opinion, the City
of Larsen Bay has site control for the entire project. It is recommended that the City proceed
with the required survey of the tide and submerged land, so that actual title can be transferred to
the City.
Disclaimer: This site control opinion does not purport to insure, warrant or certify title. The
research of the Kodiak Recorders Office records was limited to a review of the computerized
records. The opinion is the result of a diligent research effort as described above.
Prepared by
Rick Elliott
Land Consultant
for LCMF, Inc.
August 7, 2003
Attachment: Statutory Quitclaim Deed
Final Finding and Decision