HomeMy WebLinkAboutMatanuska-Susitna Borough Permitting susitna 2012MATANUSKA-SUSITNA BOROUGH
PERMITTING
MATANUSKA-SUSITNA BOROUGH
Planning and Land Use Department
Permit Center
350 East Dahlia Avenue *Palmer,AK 99645
Phone (907)745-9822 *Fax (907)745-9876
Email:PermitCenter@matsugov.us
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April 26,2012
Wayne Dyok
Project Manager
Alaska Energy Authority
Susitna-Watana Hydroelectric Project
411 W.Fourth Avenue,Suite 1
Anchorage,AK 99501
SUBJECT: Susitna-Watana Hydroelectric Project --Permits Required in the
Matanuska-Susitna Borough
Dear Mr.Dyok:
Based on the preliminary review of the current Susitna-Watana Hydroelectric Project proposal,
the Matanuska-Susitna Borough has determined that at a minimum the following permits will be
required:
e Permit for Electrical Generation Facility or Power Plant,as required by MSB Chapter
8.32 -Electrical Generation Facility or Power Plant.
e Permit for Earth Materials Extraction,as required by MSB Chapter 17.28 -Interim
Materials District and 17.30 -Conditional Use Permit for Earth Materials Extraction
Activities.
e Permit for development within a Special Flood Hazard Area,as required by MSB
Chapter 17.29 -Flood Damage Prevention.
e Public involvement program,as required by MSB Chapter 17.05 -Essential Services.
These code sections may be viewed on the borough web page:www.matsugov.us.
Be advised that there may be other permits required depending on exactly how the project
proceeds.
Should you have any questions or require additional information please contact me at the above
address,or phone#745-9854,or e-mail:astrawn@matsugov.us.
Sincerely,
Alex Strawn
Permitting Services Manager
Pe:Emily Ford,Public Outreach Liaison
CHAPTER 8.32:ELECTRICAL GENERATION FACILITY OR POWER PLANT
Section
8.32.010 Intent
8.32.020 Jurisdiction of chapter provisions
8.32.030 General procedures
8.32.040 Electrical generation facility or power plant permit application requirements
8.32.050 Review and referrals
8.32.060 Duration,modifications and preexisting uses
8.32.070 Construction,installation,or operation of unapproved electrical generating power plant
8.32.080 Penalty
8.32.090 Civil action
8.32.100 Right to enter
8.32.110 Review of applications;Action by planning commission
8.32.120 Application;Submittal procedure
8.32.130 Determination of completeness
8.32.140 Public notice
8.32.150 Notice upon request
8.32.160 Permit criteria
8.32.170 Appeals of planning commission decisions
8.32.180 Appeals of enforcement actions
8.32.190 Compliance
8.32.200 Land use standards
8.32.210 Sound standard
8.32.220 Light standard
8.32.230 Fees
8.32.240 Definitions
8.32.010 INTENT.
(A)It is the borough's intent to allow,if appropriate,for the location,construction,and operation of
electrical generation facilities or power plants and those transmission lines necessary to connect the
power plants to any electrical grid within the borough while protecting the public health,safety,
convenience,welfare,and environmental surroundings of borough residents.These protections include,
but are not limited to:public health,noise,water resources,air quality,socioeconomics,visual resources,
cultural resources,land use,traffic and transportation,hazardous materials handling,waste management,
biological resources,soils,geological hazards and resources,and transmission system safety and
nuisance.It is also the intent of this chapter to allow for reasonable development of electrical generating
power plants.
(B)Notwithstanding any borough ordinances to the contrary,the Matanuska-Susitna Borough Assembly
has decided that the delegation of planning powers or functions to the cities has not,and does not,
prohibit the enactment of this chapter on an areawide basis.To the extent necessary,the delegation of
any power or function to the cities as it pertains to this chapter is revoked.This is not intended to affect
the remainder of any powers or functions delegated to the cities.
(Ord.07-096(AM),§2 (part),2007)
8.32.020 JURISDICTION OF CHAPTER PROVISIONS.
(A)This chapter shall apply to the location,construction,and operation of all electrical generation
facilities or power plant producing 50 megawatts or more on all lands within the borough.
(B)Where this chapter is in conflict with the conditions of a special land use district or other borough
regulation,the most restrictive conditions apply.
(Ord.07-O96(AM),§2 (part),2007)
8.32.030 GENERAL PROCEDURES.
(A)Electrical generation facilities or power plants with a generating capacity of 50 megawatts or larger
within the borough shall be subject to the provisions of this chapter and any other applicable regulations
of the borough,as well as any state or federal agencies having jurisdiction over such development.
(B)Construction,installation,and operation of electrical generation facilities or power plant facilities
shall not commence unless approval has been granted by the planning commission.The Matanuska-
Susitna Borough Planning and Land Use Director,hereinafter referred to as "director,”shall serve as the
authorized representative of the planning commission.
(C)For the purposes of this chapter,"power plant”is defined to mean an electrical generating facility
and its associated components.
(Ord.07-096(AM),§2 (part),2007)
8.32.040 ELECTRICAL GENERATION FACILITY OR POWER PLANT PERMIT APPLICATION
REQUIREMENTS.
(A)An application for a permit for electrical generation facilities or power plant facilities shall be filed by
the company(ies)or person(s)seeking to operate such a facility.Application for a permit shall be made in
writing on a form or forms provided by the Matanuska-Susitna Borough Planning and Land Use
Department,and shall include all of the elements listed in this section.
(B)Information requirements for an application.
(1)Project overview.
(a)A general description of all project components including the electrical generating
facility,the proposed site and related facilities,including the location of the site and
substations,switchyards,or other transmission equipment,transmission line routes serving
the facility,the type,size and capacity of the generating or transmission facilities,fuel-type
substations,switchyards,or other transmission equipment(s}to be used,fuel supply routes
and storage facilities,water supply routes and facilities,pollution control systems,and other
general characteristics.
(b)Identification of the location of the proposed power plant site and related facilities by
section,township,range,and borough assessor's parcel numbers.
(c)For each project component located on different parcels provide a description of the
vicinity,the specific site,and its immediate surroundings.
(d)A full-page (8 1/2"x 11"or larger)color photographic reproduction depicting the visual
appearance of the site for the project component(s)prior to construction,and a full-page (8
1/2"x 11”or larger)color simulation,computer-enhanced simulation,or artist's rendering of
the site and the project component(s)at the site,after construction.
(e)A description of the type of fuel(s)to be used at the proposed power plant and
decision-making process and rationale used for choosing the selected fuel(s).
(f)A description of the renewable energy sources,if any,that will be used to generate
electricity as part of the permit application,and the methods,if any,that will be used to both
encourage renewable energy use and conserve energy usage by the operator's and/or
utility's ratepayers.
(g)In an appendix to the application,a list of current borough assessor's parcel numbers
and owners'names and addresses for all parcels within 500 feet of the proposed
transmission line connecting the power plant to the existing electrical grid serving the
power plant,and within 1,000 feet of the proposed power plant and related facilities.
(h)Provide a written analysis of the forecasted demand for electrical energy for the
region to be served by the proposed power plant,the planning horizon used,and describe
the justification for the proposed plant.
(i)Provide a written economic analysis for the proposed power plant that identifies its
proposed cost,revenue generated,and the potential financial impact on ratepayers.
(2)Project schedule.For each project component,the proposed dates of initiation and
completion of construction,initial start-up,full-scale operation of the proposed facilities,and
closure or decommissioning.
(3)Project ownership.
(a)A\list of all owners and operators of the site(s),the power plant facilities,and,if
applicable,the thermal host,the geothermal leasehold,the geothermal resource
(4)
conveyance lines,and the geothermal re-injection system,and a description of their legal
interest in these facilities.
(b)Alist of all owners and operators of the proposed electric transmission facilities that
will connect or be served by the power plant to the existing electrical grid or electrical
intertie system.
(c)Adescription of the legal or other relationship between the applicant and each of the
persons or entities specified in subsections (B)(3)(a)and (b)of this section.
(d)Description of the experience of the owners and operators of the proposed project to
construct and operate the proposed power plant or similar electrical generating facilities.
Project description.
(a)In asection entitled,"Generation Facility Description,Design,and Operation”provide
the following information:
(i)maps at a scale of 1:6,000 (1"=500'),(or appropriate map scale agreed to by
borough staff)along with an identification of the dedicated leaseholds by section,
township,range,and borough assessor's parce!number,showing the proposed final
locations and layout of the power plant and all related facilities;
(ii)scale plan and elevation drawings depicting the relative size and location of the
power plant and all related facilities to establish the accuracy of the photo simulations
required in subsection (B)(4)(a)(i)of this section;
(iii)a detailed description of the design,construction,and operation of the facilities,
specifically including the power generation,cooling,water supply and treatment,
waste handling and control,pollution control,fuel handling,and safety,emergency
and auxiliary systems,and fuel types and fuel use scenarios;and
(iv)adescription of how the site and related facilities were selected and the
consideration given to financial and engineering constraints,site geology,
environmental impacts,adjacent and nearby land uses,water,waste and fuel
constraints,electric transmission constraints,and any other factors considered by the
applicant.
(b)In asection entitled,"Transmission Lines Description,Design,and Operation”provide
the following information:
(i)maps ata scale of 1:24,000 (or appropriate map scale agreed to in writing by the
borough staff)of each proposed transmission line route serving or being served by
(c)
the power plant,showing the settled areas,parks,recreational areas,scenic areas,
and existing transmission lines within one mile of the proposed route(s);
(ii)a full-page color (8 1/2"x 11"or larger)photographic reproduction depicting a
representative aboveground section of the transmission line route prior to construction
and a full-page (8 1/2"x 11"or larger)color photographic simulation of that section of
the transmission line route after construction;
(iii)a detailed description of the design,construction,and operation of any electric
transmission facilities,such as power lines,substations,switchyards,or other
transmission equipment,which will be constructed or modified to transmit electrical
power from the proposed power plant to the load centers to be served by the facility.
Such description shall include the width of rights-of-way and the physical and
electrical characteristics of electrical transmission facilities such as towers,
conductors,and insulators;and
(iv)adescription of how the route and additional transmission facilities were
selected,and the consideration given to financial and engineering constraints,
environmental impacts,adjacent and nearby land uses,resource conveyance
constraints,and electric transmission constraints.
Applications for geothermal facilities shall contain the following additional information:
(i)maps at a scale of 1:24,000 (or appropriate map scale agreed to by the borough
staff)showing the location of the geothermal leaseholds,along with a description by
section,township,range,and borough assessor's parcel numbers of the leaseholds;
(ii)full-page (8 1/2”x 11"or larger)color photographic reproductions of the
geothermal leaseholds;
(iii)a description of the process by which the geothermal leasehold was selected
and the consideration given to engineering constraints,site geology,environmental
impacts,water,steam,waste and fuel constraints,electric transmission constraints,
and any other factors considered by the applicant.Include references to any
environmental documents which address steam field development;
(iv)adetailed description of the type,quality,and characteristics of the geothermal
resource,including pressure and temperature flow rates,constituents and
concentrations of non-condensable gases,and constituent concentrations of
dissolved solids,and descriptions and concentrations of any substances potentially
harmful to public health and safety or to the environment;
(5)
(6)
(v)proposed locations of production and re-injection wells for the project.Include
the applicant's assessment of geothermal resource adequacy,including the
production history of those wells within the leaseholds dedicated to the project,
including pressure decline curves as available;and
(vi)a discussion of the potential impacts on the temperature,mineral content,and
rate of flow of thermal springs affected by the project.
(d)This section is reserved for hydroelectric facility(ies)applications.
(e)This section is reserved for nuclear facility(ies)applications.
(f)This section is reserved for wind farm facility(ies)applications.
Facility closure/decommissioning.
(a)Adiscussion of how power plant facility closure will be accomplished in the event of
premature or unexpected cessation of operations,and a plan describing removal of
facilities and reclamation process.
Alternatives.
(a)An analysis and discussion of the range of reasonable alternatives to the project itself,
and to the location of the project,including a "no project”alternative,which would feasibly
attain the basic objectives of the project,but would avoid or substantially lessen any of the
significant effects of the project,and an evaluation of the comparative merits of the
alternatives.
(b)Adiscussion of the applicant's site selection criteria,a discussion of any alternative
sites considered for the project,and the reasons why the applicant chose the proposed
site.
(c)An evaluation of the comparative engineering,economic,financial,and environmental
merits of the alternatives discussed in subsection (B)(6)(a)of this section.
(d)Adiscussion of the renewable energy alternatives included in the proposed project.
The discussion should include,but not be limited to,the type of renewable energy source
and the amount of energy generated on an annual basis.If no renewable energy
alternatives are included in the proposed project,the applicant shall provide a discussion
describing why no renewable energy sources are viable.
(e)A discussion of the energy conservation techniques that the applicant will implement
as part of the proposed project,if any.If the applicant intends to implement such methods,
a discussion shall be provided describing the amount of fossil fuels eliminated on an annual
basis and the performance measures that will be implemented to measure the success of
the techniques.If no energy conservation alternatives are included in the proposed project,
the applicant shall provide a discussion describing why no energy conservation techniques
are viable.
(7)Environmental information.For each technical area listed below and for each project
component,provide an analysis and discussion of the existing site conditions;the expected
potential direct,indirect,and cumulative impacts due to the construction,operation,and
maintenance of the project;the measures proposed to mitigate any adverse environmental
impacts of the project;the effectiveness of the proposed measures;and monitoring plans
proposed to verify the effectiveness of any mitigation.Also include the names and qualifications
of the technical specialists who contributed to or were responsible for literature surveys,data
collection,or analyses,or preparation of the technical information presented in the report(s).
Additional requirements specific to each technical area are listed below.
(a)Cultural resources.
(i)Asummary of the ethnology,prehistory,and history of the region with emphasis
on the area within no more than a five-mile radius of the project location.
(ii)The results of a literature search to identify cultural resources within an area not
less than a one-mile radius around the project site and not less than one-quarter mile
on each side of the linear facilities.Literature searches to identify the above cultural
resources must be completed by,or under the direction of,individuals who meet the
Secretary of the Interior's Professional Standards for the technical area addressed.
(iii)The results of new surveys or surveys less than five years old shall be provided
if survey records of the area potentially affected by the project are more than five
years old.Surveys to identify new cultural resources must be completed by (or under
the direction of)individuals who meet the Secretary of the Interior's Professional
Standards for the technical area addressed.
(aa)The survey procedures and methodology used to identify cultural
resources and a discussion of the cultural resources identified by the survey.
(bb)Amap ata scale of 1:24,000 U.S.Geological Survey quadrangle
depicting the locations of all previously known and newly identified cultural
resources.
(iv)Include in the discussion of proposed mitigation measures required by
subsection (B)(7)(a)of this section:
(aa)a discussion of measures proposed to mitigate project impacts to known
cultural resources;
(bb)aset of contingency measures proposed to mitigate potential impacts to
previously unknown cultural resources and any unanticipated impacts to known
cultural resources;and
(cc)educational programs to enhance employee awareness during
construction and operation to protect cultural resources.
(b)Land use.
(i)A discussion of existing land uses and current zoning at the site,land uses and
land use patterns within one mile of the proposed site and within one-quarter mile of
any project-related linear facilities.Include:
(aa)an identification of residential,commercial,industrial,recreational,scenic,
agricultural,natural resource protection,natural resource extraction,
educational,religious,cultural,and historic areas,and any other unique land
uses;and
(bb)legible maps of the areas identified in subsection (B)(7)(b)(i)of this
section potentially affected by the project,on which existing land uses,
jurisdictional boundaries,general plan designations,specific plan designations,
and zoning have been clearly delineated.
(ii)A discussion of the compatibility of the proposed project with present and
expected land uses,and conformity with any long-range land use plans adopted by
any federal,state,and borough planning agencies.The discussion shall identify the
need,if any,for land use decisions by another public agency or as part of the
commission's decision that would be necessary to make the project conform to
adopted federal,state,or local coastal zone plans,land use plans,or zoning
ordinances.Examples of land use decisions include:general plan amendments,
zoning changes,lot line adjustments,parcel mergers,and coastal zone consistency
determinations.
(iii)A discussion of the legal status of the parcel(s)on which all project components
would be sited.If the proposed site(s)consist of more than one legal parcel,describe
the method and timetable for merging or otherwise combining those parcels so that
the proposed project,excluding linears and temporary laydown or staging area,will
be located on a single legal parcel.The merger need not occur prior to a decision on
the application,but must be completed prior to the start of construction.
(c)Noise.
(i)Aland use map which identifies residences,hospitals,psychiatric and mental
health facilities,libraries,schools,places of worship,or other facilities where quiet is
an important attribute of the environment within the area potentially affected by the
proposed project.The area potentially affected by the proposed project is that area
where,during either construction or operation,there is a potential increase of five
dB(A)or more,over existing background levels or one mile from the proposed site's
property line,whichever is greater.
(ii)An analysis and description of the ambient noise levels at those sites identified
under subsection (B)(7)(c)(i)of this section which the applicant believes provide a
representative characterization of the ambient noise levels in the project vicinity,and
a discussion of the general atmospheric conditions,including temperature,humidity,
and the presence of wind and rain at the time of the measurements.The existing
noise levels shall be determined by taking noise measurements for a minimum of 25
consecutive hours at a minimum of one site,once during the normal work week and
once during the weekend.Other sites may be monitored for a lesser duration but not
less than 13 consecutive hours beginning at 7 a.m.once during the week day and
once during the weekend;preferably during the same 25-hour period.The results of
the noise level measurements shall be reported as hourly averages in Leq (equivalent
sound or noise level),Ldn (day-night sound or noise level)or in units of dB(A).The
L10,L50,and L90 values (noise levels exceeded 10 percent,50 percent,and 90
percent of the time,respectively)shall also be reported in units of dB(A).
(iii)A description of the major noise sources of the project,including the range of
noise levels and the tonal and frequency characteristics of the noise emitted.
(iv)An estimate of the project noise levels,during both construction and operation,
at residences,hospitals,psychiatric and mental health facilities,libraries,schools,
places of worship,or other facilities where quiet is an important attribute of the
environment,within the area impacted by the proposed project.
(v)An estimate of the project noise levels within the project site boundary during
both construction and operation and the impact to the workers at the site due to the
estimated noise levels.
(vi)The audible noise from existing switchyards and overhead transmission lines
that would be affected by the project,and estimates of the future audible noise levels
that would result from existing and proposed switchyards and transmission lines.
Noise levels shall be calculated at the property boundary for switchyards and at the
edge of the rights-of-way for transmission lines.
(d)Traffic and transportation.
(i)A regional transportation setting,on topographic maps,at a scale of 1:100,000,
identifying the project location and major transportation facilities.Include a reference
to the transportation element of any applicable borough or state plan.
(ii)If the proposed project including any linear facility is to be located within five
miles of an airport runway that is at least 3,200 feet in actual length,or 5,000 feet of a
heliport (or planned or proposed airport runway or an airport runway under
construction,that is the subject of a notice or proposal on file with the Federal
Aviation Administration),discuss the project's compliance with the applicable sections
of the current Federal Aviation Regulation Part 77,Objects Affecting Navigable
Airspace,specifically any potential to obstruct or impede air navigation generated by
the project at operation;such as a thermal plume,a visible water vapor plume,glare,
electrical interference,or surface structure height.The discussion should include a
map at a scale of 1:24,000 that displays the airport or airstrip runway configuration,
the proposed power plant site and related facilities.
(iii)An identification,on topographic maps at a scale of 1:24,000,and a description
of existing and planned roads,rail lines (including commuter or light rail),pedestrian
or bike trails,airports,bus routes serving the project vicinity,and pipelines in the
project area affected by or serving the proposed facility.For each road identified,
include the following information,where applicable:
(aa)road classification and design capacity;
(bb)current daily average and peak traffic counts;
(cc)current and projected levels of service before project development,during
construction,and during project operation;
(dd)weight and load limitations;
(e)estimated percentage of current traffic flows for passenger vehicles and
trucks;and
(ff)an identification of any road features affecting public safety.
(iv)An assessment of the construction and operation impacts of the proposed
project on the transportation facilities identified in subsection (B)(7)(d){iii)of this
section.Also include anticipated project-specific traffic,estimated changes to daily
average and peak traffic counts,levels of service,commuter and reverse commute
(e)
traffic patterns,and traffic/truck mix,and the impact of construction of any facilities
identified in subsection (B)(7)(d)(iii)of this section.
(v)Adiscussion of project-related hazardous materials to be transported to or from
the project during construction and operation of the project,including the types,
estimated quantities,estimated number of trips,anticipated routes,means of
transportation,and any transportation hazards associated with such transport.
(vi)A discussion of proposed prevention measures and design features to prevent
or reduce any incidents resulting in petroleum discharges or hazardous substances
releases.
(vii)Advisement of the proposed emergency response and safety plans to address
any incidents resulting in petroleum discharges or hazardous substances releases.
Visual resources.
(i)Descriptions of the existing visual setting of the vicinity of the proposed project
site and the proposed routes for any project-related linear facilities.Include:
(aa)topographic maps at a scale of 1:24,000 that depict directions from which
the project would be seen,the view areas most sensitive to the potential visual!
impacts of the project;and
(bb)description of the existing visual properties of the topography,vegetation,
and any modifications to the landscape as a result of human activities,including
existing water vapor plumes,aboveground electrical transmission lines,and
nighttime lighting levels in the project view shed.
(ii)An assessment of the visual quality of those areas that would be potentially
affected by the proposed project.For projects proposed to be located within the
coastal zone,the assessment should also describe how the proposed project would
be sited to protect views to and along the shorelines areas,would minimize the
alteration of natural land forms,would be visually compatible with the character of
surrounding areas.
(iii)In consultation with state and borough agencies,identify:
(aa)any designated scenic roadways or scenic corridors and any visually
sensitive areas that would be potentially affected by the proposed project,
including recreational and residential areas;and
(bb)the locations of the key observation points to represent the most
significant viewing locations from which to conduct detailed analyses of the
visual impacts of the proposed project.Indicate the approximate number of
people using each of these sensitive areas and the estimated number of
residences with views of the project.Also identify any major public roadways
and trails of local importance that would be potentially visually affected by the
project and indicate the types of travelers (e.g.,local residents,recreationists,
workers,commuters,etc.)and the approximate number of vehicles,bicyclists,
and/or hikers per day.
(iv)A table providing the dimensions (height,length,and width,or diameter)and
proposed color(s),materials,finishes,patterns,and other proposed design
characteristics of each major component visible from off the project site,including any
project-related electrical transmission line and/or off-site aboveground pipelines and
metering stations.
(v)Provide a full-page color (8 1/2"x 11"or larger)photographic reproductions of
the existing site,and full-page color simulations of the proposed project at life-size
scale when the picture is held ten inches from the viewer's eyes,including any
project-related electrical transmission lines,in the existing setting from each key
observation point.If any landscaping is proposed to comply with zoning requirements
or to mitigate visual impacts,include the landscaping in simulation(s)representing
sensitive area views,depicting the landscaping five years after installation;and
estimate the expected time until landscaping maturity is reached.
(vi)An assessment of the potential visual effects of the project,including light,glare,
and any modeling of visible plumes.Include a description of the method and identify
any computer model used to assess the potential effects.Provide an estimate of the
expected frequency and dimensions (height,length,and width)of the visible cooling
tower and/or exhaust stack plumes.Provide the supporting assumptions,
meteorological data,operating parameters,and calculations used.
(vii)If any landscaping is proposed to reduce the visual impacts of the project,
provide a conceptual landscaping plan at a 1:480 scale (1"=40').Include information
on the types of plant species proposed,their size,quantity,and spacing at planting,
expected heights at five years and maturity,and expected growth rates.
(f)Socioeconomics.
(i)Adescription of the socioeconomic characteristics of the region affected by
construction and operation of the project.Include:
(aa)the social characteristics,including population and demographic and
community trends;
(bb)existing unemployment rates;
(cc)availability of skilled workers by craft required for construction and
operation of the project;
(dd)availability of temporary and permanent housing and current vacancy
rate;and
(ee)capacities,existing and expected use levels,and planned expansion of
utilities (gas,water,and waste)and public services,including fire protection,law
enforcement,emergency response,medical facilities,and other assessment
districts,and school districts.
(ii)A discussion of the potential socioeconomic effects resulting from construction
and operation of the project (note year of estimate,model,if used,and appropriate
sources),including estimates of:
(aa)numbers of workers to be employed each month by craft during
construction,and for operations,including the number of permanent operations
workers during each year of the project operations;
(bb)percentage of non-borough residents who will relocate to the project area
from outside the state of Alaska and from outside the borough to work on the
project;
(cc)the potential population increase for both the state of Alaska as a whole
and within the borough and caused directly and indirectly by the project during
project construction and operation;
(dd)the potential impact of population increase on housing and education
facilities within the borough during the construction and operations phases;
(ee)the potential impacts,including additional costs,on utilities (gas,water,
and waste)and public services,including fire,law enforcement,emergency
response,medical facilities,other assessment districts,and school districts.
Include response times to hospitals and for police,and emergency services.
Provide information on schools to include project-related enrollment changes by
grade level groupings and associated facility and staffing impacts by school
district during the construction and operating phases;
(ff)an estimate of the total construction payroll and separate estimates of the
total operation payroll for permanent and short-term (contract)operations
employees;
(gg)anestimate of the expenditures for purchased materials for the
construction and operation phases of the project for those items obtained within
the borough,within the state of Alaska,and outside the state of Alaska;
(hh)an estimate of the capital cost (plant,equipment,and ancillary facility and
components)of the project;and
(ii)the expected direct,indirect,and induced income and employment effects
due to construction,operation,and maintenance of the project.
(g)Air quality.
(i)The heating value and chemical characteristics of the proposed fuels,the stack
height and diameter,the exhaust velocity and temperature,the heat rate and the
expected capacity factor of the proposed facility.
(ii)A description of the control technologies proposed to limit the emission of criteria
pollutants,greenhouse gases (CO2,CHy,N2O and SFe),and mercury.
(iii)A description of the cooling system,the estimated cooling tower drift rate,the
rate of water flow through the cooling tower,and the maximum concentrations of total
dissolved solids.
(iv)The emission rates of criteria pollutants,greenhouse gases (CO2,CH,,N20,
and SF¢),and mercury from the stack,cooling towers,fuels and materials handling
processes,delivery and storage systems,and from all on-site secondary emission
sources.
(v)Adescription of typical operational modes,and start-up and shutdown modes for
the proposed project,including the estimated frequency of occurrence and duration of
each mode,and estimated emission rate for each criteria pollutant during each mode.
(vi)A description of the project's planned initial commissioning phase,which is the
phase between the first firing of emissions sources and the commercial operations
date,including the types and durations of equipment tests,criteria pollutant
emissions,and monitoring techniques to be used during such tests.
(viii)The ambient concentrations of all criteria pollutants for the previous three years
as measured at three certified monitoring stations located closest to the project site,if
any,and an analysis of whether this data is representative of conditions at the project
site.The applicant may substitute an explanation as to why information from stations
is either not available or unnecessary.
(ix)One year of meteorological data collected from either the Federal Aviation
Administration Class 1 station nearest to the project or from the project site.
(aa)If the data is collected from the project site,the applicant shall
demonstrate compliance with the requirements of the U.S.Environmental
Protection Agency document entitled "On-Site Meteorological Program
Guidance for Regulatory Modeling Applications”(EPA 450/4-87-013 (August
1995)),which is incorporated by reference in its entirety.
(bb)The data shall include quarterly wind tables and wind roses,ambient
temperatures,relative humidity,stability and mixing heights,upper atmospheric
air data,and an analysis of whether this data is representative of conditions at
the project site.
(x)An evaluation of the project's direct and cumulative air quality impacts,
consisting of the following:
(aa)ascreening level air quality modeling analysis,or a more detailed
modeling analysis if so desired by the applicant,of the direct criteria pollutant
impacts of project construction activities on ambient air quality conditions,
including fugitive dust (PM10)emissions from grading,excavation and site
disturbance,as weli as the combustion emissions [nitrogen oxides (NO,),sulfur
dioxide (SO,),carbon monoxide (CO),particulate matter less than ten microns
in diameter (PM10)and particulate matter less than 2.5 microns in diameter
(PM2.5)]from construction-related equipment;
(bb)ascreening level air quality modeling analysis,or a more detailed
modeling analysis if so desired by the applicant,of the direct criteria pollutant
(NO,,SO2,CO,PM10 and PM2.5)impacts on ambient air quality conditions of
the project during typical (normal)operation,and during shutdown and startup
modes of operation.Identify and include in the modeling of each operating mode
the estimated maximum emissions rates and the assumed meteorological
conditions;and
(cc)a protocol for a cumulative air quality modeling impacts analysis of the
project's typical operating mode in combination with other stationary emissions
sources within a six-mile radius which have received borough land use permits
but are not yet operational,or are in the permitting process.The cumulative inert
pollutant impact analysis should assess whether estimated emissions
concentrations will cause or contribute to a violation of any ambient air quality
standard.
(h)
(dd)an air dispersion modeling analysis of the impacts of the initial
commissioning phase emissions on state and federal ambient air quality
standards for NO,,SO2,CO,mercury,PM10 and PM2.5.
(xi)If an emission offset strategy is proposed to mitigate the project's impacts under
subsection (B)(7)(g)(ii),provide the following information:
(aa)the quantity of offsets or emission reductions that are needed to satisfy air
permitting requirements of state and federal oversight air agencies.Identify by
criteria air pollutant,and if appropriate,greenhouse gas;and
(bb)potential offset sources including location and quantity of emission
reductions.
(xii)A detailed description of the mitigation,if any,which an applicant may propose,
for all project impacts from criteria pollutants that currently exceed state or federal
ambient air quality standards.
Public health.
(i)Identification of available health studies related to respiratory problems and
illnesses,cancers,fetal development,or related diseases for the potentially affected
population(s)within a six-mile radius of the proposed project location.
(ii)An analysis and discussion of the proposed project's potential impact on affected
population(s)within a six-mile radius of the project's location and any measures that
will be implemented to reduce or eliminate any increase in the potential for respiratory
problems and illnesses,cancers,harm to fetal development,and other related
diseases.
(iii)For purposes of this section,the following definitions apply:
*a"sensitive receptor'refers to infants and children,the elderly,and the
chronically ill,and any other member of the general population who is more
susceptible to the effects of the exposure than the population at large.
*an "acute exposure”is one which occurs over a time period of less than or
equal to one hour.
*a"chronic exposure”is one which is greater than 12 percent of a lifetime of
70 years.
(i)Hazardous materials handling.
(i)A list of all materials used or stored on-site which are hazardous or acutely
hazardous and a discussion of the toxicity of each material.
(ii)A map ata scale of 1:24,000 depicting the location of schools,hospitals,day
care facilities,emergency response facilities,psychiatric and mental health facilities,
and long-term health care facilities,within the area potentially affected by any release
of hazardous materials.
(iii)A discussion of the storage and handling system for each hazardous material
used or stored at the site.
(iv)The protocol that will be used in modeling potential consequences of accidental
releases that could result in off-site impacts.Identify the model(s)to be used,a
description of all input assumptions,including meteorological conditions.
(v)A discussion of measures proposed to reduce the risk of any release of
hazardous materiais.
(vi)A discussion of the fire and explosion risks associated with the project and
those measures that will be implemented to reduce such risks.
(vii)A complete description of the fuel handling system and the fire suppression
system.
(viii)The plan and schedule for obtaining the State Fire Marshal approval for the
plant and its fire protection and prevention plan.A copy of the State Fire Marshal's
approval for the plant and its fire protection and prevention plan shall be submitted to
the director prior to operating the power plant.
(j)Waste management.
(i)A Phase |environmental site assessment (ESA)for the proposed power plant
site using methods prescribed by the American Society for Testing and Materials
(ASTM)document entitled "Standard Practice for Environmental Site Assessments:
Phase 1 Environmental Site Assessment Process”(Designation:E 1527-93,May
1993),which is incorporated in this chapter by reference in its entirety.
(ii)Adescription of each waste stream estimated to be generated during project
construction and operation,including origin,hazardous or nonhazardous classification
pursuant to chemical composition,estimated annual weight or volume generated,and
estimated frequency of generation.
(iii)A description of all waste disposal sites which may feasibly be used for disposal
of project wastes.For each site,include the name,location,classification under the
(k)
daily or annual permitted capacity,daily or annual amounts of waste currently being
accepted,the estimated closure date and remaining capacity,and a description of
any enforcement action taken by local or state agencies due to waste disposal
activities at the site.
(iv)A description of management methods for each waste stream,including
methods used to minimize waste generation,length of on-and off-site waste storage,
re-use and recycling opportunities,waste treatment methods used,and use of
contractors for treatment.
Biological resources.
(i)Aregional overview and discussion of terrestrial and aquatic biological resources,
with particular attention to sensitive biological resources within ten miles of the
project.Include a map at a scale of 1:100,000 (or other suitable scale)showing
sensitive biological resource location(s)in relation to the project site and related
facilities and any boundaries of a wildlife and/or game refuge.Sensitive biological
resources include the following:
(aa)species listed under the Federal Endangered Species Act;
(bb)species covered by the Migratory Bird Treaty Act;
(cc)species covered by the Marine Mammal Protection Act;
(dd)species and their habitats identified by federal or state agencies that
warrant,or have special protection;and
(ee)fish and wildlife species that have commercial,subsistence,or
recreational value.
(ii)Include a list and numbers of the species known to occur,actually observed and
those with a potential to occur,within one mile of the project site and 1,000 feet from
the outer edge of linear facility corridors.Maps or aerial photographs shall include the
following:
(aa)detailed maps at a scale of 1:6,000 or color aerial photographs taken at a
recommended scale of one inch equals 500 feet (1:6,000)with a 30 percent
overlap that show the proposed project site and related facilities,biological
resources including,but not limited to,those found during project-related field
surveys and in records from the associated areas where biological surveys were
conducted.Label the biological resources and survey areas as well as the
project facilities;
(bb)a depiction of the extent of the thermal plume at the surface of the water if
cooling water is proposed to be discharged to a water source.Provide the
location for the intake and discharge structures on an aerial photograph(s)or
detailed maps.Water sources include,but are not limited to,waterways,lakes,
impoundments,inlets,bays,rivers,and estuaries;and
(cc)anaerial photo or wetlands delineation maps at a scale of 1:2,400
showing any potential jurisdictional and non-jurisdictional wetlands delineated
out to 250 feet from the edge of disturbance if wetlands occur within 250 feet of
the project site and/or related facilities that would be included with the U.S.Army
Corps of Engineers Section 404 Permit application.For projects proposed to be
located within the coastal zone,also provide aerial photographs or maps as
described above that identify wetlands as defined by the Coastal Act.
(iii)A discussion of the biological resources at the proposed project site and related
facilities.Related facilities include,but are not limited to,laydown and parking areas,
gas and water supply pipelines,transmission lines,and roads.The discussion shall
address the distribution of vegetation community types,denning or nesting sites,
population concentrations,migration corridors,breeding habitats,and other
appropriate biological resources including:
(aa)alist and numbers of all the species actually observed and dates and time
periods of observations.
(bb)alist of sensitive species and habitats with a potential to occur (as defined
in subsection (B)(7)(k){i)of this section).
(cc)if cooling water is taken directly from or discharged to a surface water
feature source,include a description of the intake structure,screens,water
volume,intake velocity hydraulic zone field of influence,and the thermal plume
dispersion area as depicted in response to subsection (B){7)(k)(ii)(bb)of this
section.Describe the thermal plume size and dispersion under high and low
tides,and in response to local currents and seasonal changes.Provide a
discussion of the aquatic habitats,biological resources,and critical life stages
found in these affected waters.For repower projects that anticipate no change in
cooling water flow,this information shall be provided in the form of the most
recent Federal Clean Water Act 316(a)and (b)studies of entrainment and
impingement impacts that has been completed within the last five years.For
new projects or repower projects proposing to use once-through cooling and
anticipating an increase in cooling water flow,provide a complete impingement
and entrainment analysis per guidance in subsection (B)(7)(k)(iv)(bb)of this
section.
(iv)A description and results of all field studies and seasonal surveys used to
provide biological baseline information about the project site and associated facilities.
Include copies of the U.S.Fish and Wildlife Service records,state of Alaska
Department of Fish and Game records,and field survey forms completed by the
applicant's biologist(s).Identify the date(s)the surveys were completed,methods
used to complete the surveys,and the name(s)and qualifications of the biologists
conducting the surveys.Include:
(aa)current biological resources surveys conducted using appropriate field
survey protocols during the appropriate season(s).State and federal agencies
with jurisdiction shall be consulted for field survey protocol guidance prior to
surveys.
(bb)if cooling water is proposed to be taken directly from or discharged to a
surface water feature source,seasonal aquatic resource studies and surveys
shall be conducted.Aquatic resource survey data shall include,but is not limited
to,fish trawls,ichthyoplankton,and benthic sampling,and related temperature
and water quality samples.For new projects or repower projects anticipating a
change in cooling water flows,sampling protocols shall be provided to the
director of planning and land use for review and concurrence prior to the start of
sampling.For repower projects not anticipating a change in cooling water flows,
this information shall be provided in the form of the most recent Federal Clean
Water Act 316(b)impingement and entrainment impact study completed within
five years of the AFC filing date.
(cc)_if the project or any related facilities could impact a jurisdictional or non-
jurisdictional wetland,provide completed Army Corps of Engineers wetland
delineation forms and/or determination of wetland status pursuant to Coastal Act
requirements,name(s)and qualifications of biologist(s)completing the
delineation,the results of the delineation and a table showing wetland acreage
amounts to be impacted.
(v)Potential impacts discussion of the following:
(aa)all potential impacts (direct,indirect,and cumulative)to biological
resources from project site preparation,construction activities,plant operation,
maintenance,and closure.Discussion shall also address potential impacts to
sensitive species'habitat from cooling tower drift and air emissions.
(bb)facilities that propose to take water directly from,and/or discharge water
to surface water features,daytime and nighttime impacts from the intake and
discharge of water during operation,water velocity at the intake screen,the
intake field of influence,impingement,entrainment,and thermal discharge.
Provide a discussion of the extent of the thermal plume,effluent chemicals,
oxygen saturation,intake pump operations,and the volume and rate of cooling
water flow at the intake and discharge location.
(cc)methods to control biofouling and chemical concentrations,and
temperatures that are currently being discharged or will be discharged to
receiving waters.
(vi)A discussion of all feasible mitigation measures including,but not limited to the
following:
(aa)all measures proposed to avoid and/or reduce potential adverse impacts
to biological resources;
(bb)all off-site habitat mitigation and habitat improvement or compensation,
and an identification of contacts for compensation habitat and management;
(cc)design features to better disperse or eliminate a thermal discharge;
(dd)all measures proposed to avoid or minimize potential adverse impacts of
cooling water intake.This shall include a best technology available (BTA)
discussion.If BTA is not being proposed,the rationale for not selecting BTA
shall be provided;and
(ee)educational programs to enhance employee awareness during
construction and operation to protect biological resources.
(vii)A discussion of compliance and monitoring programs to ensure the
effectiveness of impact avoidance and mitigation measures incorporated into the
project.
(viii)Submit copies of any preliminary correspondence between the project
applicant and state and federal resource agencies regarding whether federal or state
permits from other agencies such as the U.S.Fish and Wildlife Service,the National
Marine Fisheries Service,the U.S.Army Corps of Engineers,and the Alaska
Department of Fish and Game,will be required for the proposed project.
(I)Water resources.
(i)All the information required to apply for the following permits,if applicable,
including:
(aa)Waste Discharge Requirements;National Pollutant Discharge Elimination
System Permit;
(bb)Nationwide Permits and/or Section 404 Permits from the U.S.Army Corps
of Engineers;
(cc)Water rights permits from the Alaska Department of Natural Resources;
and
(dd)Underground Injection Control Permit(s)from the U.S.Environmental
Protection Agency,and Alaska Division of Oil and Gas.
(ii)A detailed description of the hydrologic setting of the project.The information
shall include a narrative discussion and on maps at a scale of 1:24,000 (or
appropriate scale approved by the director),describing the chemical and physical
characteristics of the following nearby water bodies that may be affected by the
proposed project:
(aa)ground water bodies and related geologic structures;
(bb)surface water bodies;
(cc)water inundation zones,such as the 100-year flood plain;
(dd)flood control facilities (existing and proposed);and
(ee)groundwater wells within one-half mile if the project will include pumping.
(iii)A description of the water to be used and discharged by the project.This
information shall include:
(aa)source(s)of the primary and backup water supplies and the rationale for
their selection;
,
(bb)the expected physical and chemical characteristics of the source and
discharge water(s)including identification of both organic and inorganic
constituents before and after any project-related treatment.For source waters
with seasonal variation,provide seasonal ranges of the expected physical and
chemical characteristics.Provide copies of background material used to create
this description (e.g.,laboratory analysis);
(cc)average and maximum daily and annual water demand and waste water
discharge for both the construction and operation phases of the project;
(dd)adetailed description of all facilities to be used in water conveyance (from
primary source to the power plant site),water treatment,and wastewater
discharge.Include a water mass balance diagram.
(iv)Identify all project elements associated with storm water drainage,including a
description of the following:
(aa)monthly and/or seasonal precipitation and storm water runoff and
drainage patterns for the proposed site and surrounding area that may be
affected by the project's construction and operation;
(bb)drainage facilities and the design criteria used for the plant site and
ancillary facilities,including but not limited to capacity of designed system,
design storm,and estimated runoff;
(cc)all assumptions and calculations used to calculate runoff and to estimate
changes in flow rates between pre-and post construction;and
(dd)acopy of applicable federal,state,and local requirements regulating the
drainage systems,and a discussion of how the project's drainage design
complies with these requirements.
(v)Animpacts analysis of the proposed project on water resources and a
discussion of conformance with water-related laws,ordinances,regulations,and
standards (LORS)and policy.This discussion shall include:
(aa)the effects of project demand on the water supply and other users of this
source,including,but not limited to,water availability for other uses during
construction or after the power plant begins operation,consistency of the water
use with applicable resource management plans,and any changes in the
physical or chemical conditions of existing water supplies as a result of water
use by the power plant;
(bb)if the project will pump groundwater,an estimation of aquifer drawdown
based on a computer modeling study shall be conducted by a professional
geologist and include the estimated drawdown on neighboring wells within one-
half mile of the proposed well(s),any effects on the migration of groundwater
contaminants,and the likelihood of any changes in existing physical or chemical
conditions of groundwater resources shall be provided;
(cc)the effects of construction activities and plant operation on water quality
and to what extent these effects could be mitigated by best management
practices;
(dd)if not using a zero liquid discharge project design for cooling and process
waters,include the effects of the proposed wastewater disposal method on
receiving waters,the feasibility of using pre-treatment techniques to reduce
impacts,and beneficial uses of the receiving waters.Include an explanation why
the zero liquid discharge process is "environmentally undesirable,”or
"economically unsound”;
(ee)if using fresh water,include a discussion of the cumulative impacts,
alternative water supply sources and alternative cooling technologies considered
as part of the project design.Include an explanation of why alternative water
supplies and alternative cooling are "environmentally undesirable,”or
"economically unsound”;
(ff)the effects of the project on the 100-year flood plain,flooding potential of
adjacent lands or water bodies,or other water inundation zones;
(gg)all assumptions,evidence,references,and calculations used in the
analysis to assess these effects.
(m)Soils.
(i)A map ata scale of 1:24,000 and written description of soil types and all
agricultural land uses that will be affected by the proposed project.The description
shall include:
(aa)the depth,texture,permeability,drainage,erosion hazard rating,and land
capability class of the soil;
(bb)an identification of other physical and chemical characteristics of the soil
necessary to allow an evaluation of soil erodibility,permeability,re-vegetation
potential,and cycling of pollutants in the soil-vegetation system;
(cc)the location of any proposed fill disposal or fill procurement (borrow)sites;
and
(dd)the location of any contaminated soils that could be disturbed by project
construction.
(ii)An assessment of the effects of the proposed project on soil resources and
agricultural land uses.This discussion shall include:
(aa)the quantification of accelerated soil loss due to wind and water erosion;
and
(n)
(0)
(Pp)
(bb)the effect of power plant emissions on surrounding soil-vegetation
systems.
Geological hazards and resources.
(i)Asummary of the geology,seismicity,and geologic resources of the project site
and related facilities,including linear facilities.
(ii)A map ata scale of 1:24,000 and description of all recognized stratigraphic units,
geologic structures,and geomorphic features within two miles of the project site and
along proposed facilities.Include an analysis of the likelihood of ground rupture,
seismic shaking,mass wasting and slope stability,liquefaction,subsidence,and
expansion or collapse of soil structures at the plant site.Describe known geologic
hazards along or crossing linear facilities.
(iii)An analysis of the techniques and construction methods that will be used to limit
damage caused by ground rupture and seismic shaking.
(iv)Amap and description of geologic resources of recreational,commercial,or
scientific value which may be affected by the project.Include a discussion of the
techniques used to identify and evaluate these resources.
Transmission system safety and nuisance.
(i)Identify the locations and a description of the existing switchyards and overhead
and underground transmission lines that would be affected by the proposed project.
(ii)An estimate of the existing electric and magnetic fields from the facilities listed in
subsection (B)(7)(0)(i)of this section and the future electric and magnetic fields that
would be created by the proposed project,calculated at the property boundary of the
site and at the edge of the rights-of-way for any transmission line that will be
completed as part of this project and/or to connect the power plant to the existing
electrical grid.Also provide an estimate of the radio and television interference that
could result from the project.
(iii)Specific measures proposed to mitigate identified impacts,including a
description of measures proposed to eliminate or reduce radio and television
interference,and all measures taken to reduce electric and magnetic field levels.
Engineering.
(i)Facility design.
(ii)
(aa)A description of the actual site conditions and investigations or studies
conducted to determine the site conditions used as the basis for developing
design criteria.The descriptions shall include,but not be limited to,seismic and
other geologic hazards,adverse conditions that could affect the project's
foundation,adverse meteorological and climate conditions,and flooding
hazards,if applicable.
(bb)A discussion of any measures proposed to improve adverse site
conditions.
Reliability.
(aa)Adiscussion of the sources and availability of the fuel or fuels to be used
over the estimated service life of the facilities.
(bb)A discussion of the anticipated service life and degree of reliability
expected to be achieved by the proposed facilities based on a consideration of:
(1)expected overall availability factor,and annual and lifetime capacity
factors;
(2)the demonstrated or anticipated feasibility of the technologies,systems,
components,and measures proposed to be employed in the facilities,
including the power generation system,the heat dissipation system,the water
supply system,the reinjection system,the atmospheric emission control
system,resource conveyance lines,and the waste disposal system;
(3)geologic and flood hazards,meteorologic conditions and climatic
extremes,and cooling water availability;and
(4)special design features adopted by the applicant or resource supplier to
ensure power plant reliability including equipment redundancy.
(iii)Efficiency.
(aa)Annual net electrical energy produced in MWh for each mode of
operation,including starts and shutdowns.
(bb)Number of hours the plant will be operated in each design condition in
each year.
(cc)Compliance with all applicable laws,ordinances,regulations and
standards.
(iv)Tables which identify:
(aa)Laws,regulations,ordinances,standards,adopted borough,state,and
federal land use plans,leases,and permits applicable to the proposed project,
and a discussion of the applicability of,and conformance with each.The table or
matrix shall explicitly reference pages in the application wherein conformance
with each law or standard during both construction and operation of the facility is
discussed.
(bb)Each agency with jurisdiction to issue applicable permits,leases,and
approvals or to enforce identified laws,regulations,standards,and adopted
borough,state,and federal land use plans,and agencies which would have
permit approval or enforcement authority.
(cc)The name,title,phone number,address (required),and e-mail address (if
known),of an official who was contacted within each agency,and also provide
the name of the official who will serve as a contact person for borough staff.
(dd)A schedule indicating when permits outside the authority of the borough
will be obtained and the steps the applicant has taken or plans to take to obtain
such permits.
(Ord.07-096(AM),§2 (part),2007)
8.32.050 REVIEW AND REFERRALS.
(A)The director shall refer the power plant applications to the Regulatory Commission of Alaska,Alaska
Department of Environmental Conservation,Alaska Department of Natural Resources,Alaska
Department of Fish and Game,U.S.Federal Energy Regulatory Commission,U.S.Environmental
Protection Agency,U.S.Department of the Interior (DOI),DOI-Office of Environmental Policy and
Compliance,DOI-U.S.Geological Survey,DOI-Fish and Wildlife Service,and U.S.Department of
Commerce-National Marine Fisheries Service,and other government agencies or entities for review and
comment.Any comments received from other agencies shall be forwarded to the planning commission as
part of the application(s)packet materials.
(B)Electrical generating or power plant facilities shall also be reviewed for general consistency with the
standards and policies set forth in the following documents:
(1)borough land use regulations;
(2)the borough comprehensive plan;and
(3)other applicable borough,state and federal plans,policies and regulations.
(Ord.07-096(AM),§2 (part),2007)
8.32.060 DURATION,MODIFICATIONS AND PREEXISTING USES.
(A)Approval granted for electrical generating or power plant activities shall expire or be considered
revoked if such activities are not initiated within three years of the date of approval.
(B)Where an electrical generating or power plant permit has been approved and the applicant desires
to modify the subject permit due to material changes in the project,an amendment to the original
application shall be required if the director determines that the level of impact will be increased as a result
of the modification.
(C)The activity described in the desired modification request shall be granted by the director if it
complies with the standards and conditions of this chapter.
(D)Modifications which the applicant determines in good faith are required in order for the electrical
generating or power plant activities to continue operating in a safe manner and which must be done
immediately in order to maintain the existing level of production may be done on an emergency basis,
without prior notice or approval by the director.
(E)The applicant shall notify the director in writing within one week of any proposed emergency
modifications.
(F)This chapter shall become effective on the date specified in the ordinance codified in this chapter
adopted by the borough assembly.The provisions of this chapter shall apply to all facilities for which
construction has not commenced or a permit has not been issued as of the effective date.This chapter
shall apply to all facilities for which the Regulatory Commission of Alaska approval has not been obtained
as of the effective date of the ordinance codified in this chapter.All uses completed prior to the date of
assembly adoption shall be considered nonconforming uses.
(Ord.07-096(AM),§2 (part),2007)
8.32.070 CONSTRUCTION,INSTALLATION,OR OPERATION OF UNAPPROVED ELECTRICAL
GENERATING POWER PLANT.
(A)It is unlawful to construct,install,operate,or cause to be constructed,operated,or installed,any
electrical generating or power plant facility within the borough,unless prior approval has been granted by
the planning commission.
(Ord.07-096(AM),§2 (part),2007)
8.32.080 PENALTY.
(A)Any person,firm,corporation or legal entity which owns,leases or operates an electrical generating
or power plant facility,and which constructs,installs or uses,or which causes to be constructed,installed
or used without first receiving approval from the planning commission shall be guilty of an infraction and,
upon conviction,shall be fined not more than $500 per day for each day,per facility operated in
noncompliance with this chapter.
(B)All violations of conditions of the approved power plant permit shall be considered infractions.
(Ord.07-096(AM),§2 (part),2007)
8.32.090 CIVIL ACTION.
(A)Incase any electrical generating or power plant facility is or is proposed to be erected,constructed,
reconstructed,altered or used,or any land is proposed to be used,in violation of any provision of this
chapter,the borough,in addition to the other remedies provided by law,ordinance or resolution,may
institute an injunction,mandamus,abatement or other appropriate action or proceeding to prevent,enjoin,
abate or remove such unlawful erection,construction,reconstruction,alteration or use.
(Ord.07-096(AM),§2 (part),2007)
8.32.100 RIGHT TO ENTER.
(A)For the purpose of implementing and enforcing this chapter,borough personnel may enter onto
subject property during normal business hours upon reasonable telephonic,facsimile,or other electronic
notification of the permittee,lessee or other party holding a legal interest in the property;if such entry is
denied,the borough shall have the right to obtain an order from a court of competent jurisdiction to obtain
entry.
(Ord.07-096(AM),§2 (part),2007)
8.32.110 REVIEW OF APPLICATIONS;ACTION BY PLANNING COMMISSION.
(A)The director shall review such applications and forward a recommendation for approval,conditional
approval,or denial with appropriate findings to the planning commission for fina!action.Final actions of
the planning commission shall contain appropriate findings based upon evidence in the record before the
planning commission.
(Ord.07-096(AM),§2 (part),2007)
8.32.120 APPLICATION;SUBMITTAL PROCEDURE.
(A)The application shall consist of all items identified in MSB 8.32.040.Prior to formal submittal of the
application,the director shall meet with the applicant to discuss and identify any additional information
required to adequately review the proposed facility.
(Ord.07-096(AM),§2 (part),2007)
8.32.130 DETERMINATION OF COMPLETENESS.
(A)The director will review the application for completeness.If the director determines the application is
complete,the planning commission will commence project review as described in MSB 8.32.040,
8.32.050,and 8.32.170.If the application is incomplete,the applicant will be notified of the deficiency and
the application shall be withdrawn from the review process until the required information is submitted.
(B)The planning commission shall conduct a noticed public hearing for review of the proposed facility.
(Ord.07-096(AM),§2 (part),2007)
8.32.140 PUBLIC NOTICE.
(A)A legal notice of the public hearing before the planning commission shall be published in a
newspaper of general circulation within the borough not less than 45 days prior to the public meeting and
written notice shall be given individually to the following:
(1)the owners,as recorded in the records of the borough,of any land adjacent to or located
within 5,280 feet of any portion of the subject site of facility;such notice to be sent by the director
at the applicant's expense;
(2)all federal and state agencies listed in MSB 8.32.050(A);
(3)all community councils with jurisdiction;and
(4)all postmasters in the affected area.
(B)The public notice of planning commission review shall take a form prescribed by the director and
shail include the following:
(1)a description of the location (including a legal and practical location description)and
proposed activity under review;
(2)time and place of the commission's public hearing,and the name,phone number and e-
mail address of the responsible borough staff;and
(3)the name and address of the applicant operator or designated agent and a statement that
additional information may be obtained from the director.
(Ord.07-096(AM),§2 (part),2007)
8.32.150 NOTICE UPON REQUEST.
(A)Notice shall be sent to any other person,agency or organization that has filed a request with
director to receive notice of facilities undergoing public review;such notice to be sent by director.
(Ord.07-096(AM),§2 (part),2007)
8.32.160 PERMIT CRITERIA.
(A)The planning commission decision to approve,approve with conditions or deny an application for an
electrical generating or power plant permit shall be made and determined based in consideration of the
following criteria:
(1)the degree of compatibility of the proposed site plan and land uses with adopted
comprehensive plans and other adopted local,borough,state and federal plans;
(2)the compatibility of the project and the site design with surrounding buildings,land uses,
ownership and physical characteristics;
(3)the adequacy of access to and from the project and the effect on pedestrian and vehicular
circulation and safety;
(4)the impact that the proposed project may have on the need and availability of public
services within the area;
(5)the compatibility of the project to the site conditions,cultural resources,and environmental
setting;
(6)the effect of noise,fumes,soot,smog,and dust associated with the project;
(7)the adequacy of the existing utility infrastructure and the effect of the project on reasonable
and economic extension of public utilities and facilities;
(8)the effect of the proposed project on property values of adjacent lands;
(9)the effect of the proposed project on air quality;
(10)the effect of the proposed project on the environment,including human health,and fish
and wildlife and other biological resources and their human uses;
(11)the effect of the proposed project on groundwater and surface water quantity and quality,
and surface water temperatures;
(12)the effect of the proposed project on public health,safety,and welfare;
(13)the ability of the project proponent to provide funding to construct and operate the
proposed power plant;
(14)the effect of the proposed project on recreational uses,and tourism-related businesses;
and
(15)compatibility with state and federal agency recommendations.
(B)All criteria contained in this chapter are minimum criteria.More restrictive conditions may be
imposed by the planning commission,where necessary,to ensure compliance with applicable
comprehensive plans and other adopted borough,state and federal plans and to protect the public health,
safety,and welfare,and the environment,and to minimize or eliminate any negative effects on public
health,the environment,air quality,and public health,safety,and welfare.
(C)The planning commission shall,at a minimum,apply the following criteria to the evidence in the
record of proceedings as a basis for decision:
(1)demonstrated need for the proposed project and for the type of proposed project (e.g.,
coal-fired,natural gas-fired,nuclear,geothermal,hydroelectric,wind,etc.)to serve the
applicant's existing and projected electrical generating or power plant requirements;
(2)demonstrated need for the proposed project;
(3)suitability of the location of the proposed project given its size,design and operational
characteristics.Factors to be considered include noise levels,impacts upon human health,
impacts upon air and water quality,vibration levels,fire protection and emergency response
access requirements,visual impacts,fish and wildlife impacts,socioeconomic impacts,cultural
resources impacts,and public safety.These factors will be evaluated in accordance with
applicable state,borough and federal standards and criteria;
(4)existing and proposed road alignment,intersections,condition,structure and site distances;
traffic volumes and types of equipment;dust control;and existing road uses;
(5)topography,natural hazards (landslides,earthquakes,flooding,and wildfire),current
resource values,open space corridors,prime farmland (as designated by the U.S.Soil
Conservation Service)and fish and wildlife habitat;
(6)compatibility with existing and projected future uses based upon present subdivision and
land use approvals for properties located within the surrounding affected area.A facility's
compatibility with land uses in the surrounding area shall include the effect of the proposed
power plant facilities on community development,established residential areas,recreational
uses,environmental quality,groundwater and surface water supplies,temperatures,and quality,
fish and wildlife habitat,fish and wildlife habitat migration routes;and
(7)the proposal's effect on public health,particularly the potential for increasing the incidence
of cancers,increasing susceptibility to respiratory problems and illnesses,and negatively
affecting fetal development.These factors will be evaluated in accordance with applicable state
and federal reports,models,standards,and criteria;and
(8)the planning commission shall consider the applicant's estimated or projected ability to
mitigate the impacts which it generates,as set forth in the facility's operational plan,and in
accordance with applicable borough,state and federal rules,regulations and standards.
(D)The planning commission decision shall be based upon evidence in the record.Within 30 days
following the conclusion of the public hearing,a written resolution shall be adopted as its decision on the
application.The resolution shall set forth findings based upon evidence in the record of proceedings
before the planning commission and any applicable federal,state or borough statutes,rules,regulations
or policies.For the purposes ofjudicial review,the planning commission decision on an application shall
be deemed to have been made as of the date upon which the planning commission executes the written
resolution.
(E)The borough shall adopt permit fees to offset the cost of permitting and enforcement of permits
granted under this chapter.
(Ord.07-096(AM),§2 (part),2007)
8.32.170 APPEALS OF PLANNING COMMISSION DECISIONS.
(A)Appeals from a decision of the planning commission shall be made to the board of adjustments and
appeals in accordance with MSB 15.39.
(Ord.07-096(AM),§2 (part),2007)
8.32.180 APPEALS OF ENFORCEMENT ACTIONS.
(A)Appeals from an enforcement action(s)of a borough administrative unit shall be heard by the board
of adjustment and appeals in accordance with MSB 15.39.
(Ord.07-096(AM),§2 (part),2007)
8.32.190 COMPLIANCE.
(A)All electrical generating or power plant facilities must comply with the standards and criteria
contained in this title.Failure to comply with this title shall be grounds for denial.
(Ord.07-096(AM),§2 (part),2007)
8.32.200 LAND USE STANDARDS.
(A)In addition to all applicable setbacks prescribed by borough code,a setback of at least 1,320 feet is
required between the site perimeter and any state-licensed hospital or psychiatric facility or mental health
facility.
(Ord.07-096(AM),§2 (part),2007)
8.32.210 SOUND STANDARD.
(A)The maximum sound level as measured at the property line of electrical generating or power plant
facility shall be no higher than 55 dBA.
(Ord.07-096(AM),§2 (part),2007)
8.32.220 LIGHT STANDARD.
(A)All outside lighting of the facility shall be designed and constructed in a manner to ensure that the
lighting is directed or shielded downward to eliminate to the extent feasible and practical,reflection from
overcast clouds,ice fog,and intrusion into the night sky.
(Ord.07-096(AM),§2 (part),2007)
8.32.230 FEES.
(A)The assembly shall establish a schedule of fees for applications under this chapter by resolution.
The schedule of fees shall be posted in the borough offices and may be altered or amended only by the
assembly.
(Ord.07-096(AM),§2 (part),2007)
8.32.240 DEFINITIONS.
(A)The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
*"Abandonment”means the presumption of permanent abandonment of a power plant based
on the operator's filing with the Regulatory Commission of Alaska.Presumption of permanent
abandonment of a power plant shall be based upon non-use for one year without notification of
the intent to resume operations.
*"Adjacent”means properties sharing a common property boundary.
*"Agricultural”means currently in use,or classified by borough or state agencies,for farm or
ranch purposes,including pasture.
«"Applicant”means that person,corporation or other legal entity possessing the legal right to
locate or operate a power plant.
*"Compatible”means able to exist or act together harmoniously,considering noise levels,
odors,potential fire hazard,visual impacts,effects to surface water and groundwater
quality/quantity,adequacy of the road system,air quality,fish and wildlife,character of
residential areas and surrounding land uses.
¢«"Corridor”means the route within which a transmission line is located.
*"Criteria pollutant'means those pollutants classified as such by the U.S.Environmental
Protection Agency.
*"Critical use period”means that portion of the year (weeks or months)when disturbance is
most likely to increase stress to and negatively impact fish and wildlife.
*"Department”means the borough planning and land use department.
*"Developable”means land for residential purposes if it does not have slopes exceeding 30
percent,and is not located within a geologic hazard area,federally defined floodway,drainage
channel or wetland area greater than one acre.
¢"Director”means the Matanuska-Susitna Borough Planning and Land Use Director.
«"Easement”means authorization by a property owner for the use of a designated portion of
his property by another,for a specified purpose.
*"Electrical generation”is the process of creating and delivering electricity to consumers.
*"Nuisance”meansa facility which is not being constructed,operated or installed in
substantial compliance with the regulations of a permit issued under this chapter and any
applicable conditions of approval and as to which the applicant has failed or refused to abate,
correct or discontinue the violation of this chapter after being ordered to do so by the planning
director.
«"Pollution”means the contamination or other degradation of the physical,chemical or
biological properties of water,air,or soil,including change in temperature,taste,color,turbidity
or odor,or such discharge of any liquid,gaseous,solid,radioactive or other substance into
water,air,or soil,as will or is likely to create a nuisance or render such water or air harmful,
detrimental or injurious to public health,safety or welfare,or to domestic,commercial,industrial,
agricultural,recreational or other beneficial uses,or to livestock,wild animals,birds,fish or other
aquatic life.
«"Power plant”means any electrical generating facility that is capable of generating more than
50 megawatts of electricity.
«"Power plant components”means those ancillary facilities that are necessary to generate and
transmit electrical power from the proposed power plant to the existing electrical grid or intertie
system;these include but are not limited to:transmission facilities,such as power lines,
substations,and switchyards.
*"Quiet zone”means the area within one-half mile of a school,hospital,institution of learning,
court,rest home or other designated area where exceptional quiet is necessary,while such
places are in use.
*"RCA”means the Regulatory Commission of Alaska.
*"Residential”means having an existing residence,recreational cabin,temporary dwelling or
vacation home.
*"Security fencing”means an eight-foot chain-link fence topped by three strands of barbed
wire,or the equivalent,with a gate that can be secured.
«"Transmission line”means a system of conductors,such as wires,waveguides,or coaxial
cables,suitable for conducting electric power or signals efficiently between two or more
terminals.
(Ord.07-096(AM),§2 (part),2007)
CHAPTER 17.05:ESSENTIAL SERVICE UTILITIES
Section
17.05.010 Purpose
17.05.020 Applicability
17.05.030 Type |essential service utility
17.05.040 Type Il essential service utility
17.05.050 Definitions
17.05.010 PURPOSE.
(A)The purpose of this chapter is to provide for public participation in the decision affecting the
installation of essential service utilities in such a manner that they enhance the health,safety and general
welfare of borough residents and properties while minimizing negative impacts.This chapter recognizes
the importance and benefits of essential services,while ensuring that all feasible mitigation measures are
taken to protect the scenic qualities of the Matanuska Susitna Borough.Essential services should be
installed in cognizance of existing and projected demands for such services.
(Ord.07-076,§2 (part),2007)
17.05.020 APPLICABILITY.
(A)This chapter applies to all areas of the borough except within the city boundaries of Houston,
Palmer,and Wasilla.This chapter applies to municipal utilities that extend beyond city boundaries into
unincorporated borough lands.
(Ord.07-076,§2 (part),2007)
17.05.030 TYPE |ESSENTIAL SERVICE UTILITY.
(A)All proposed Type |essential service utilities,when installed or extended in any public way or
borough-owned land,shall require a permit issued by the borough in accordance with MSB 11.30.030.
(Ord.07-076,§2 (part),2007)
17.05.040 TYPE Il ESSENTIAL SERVICE UTILITY.
(A)All proposed Type II essential service utilities shall require a public involvement program in
accordance with a public participation plan as submitted by the utility in all areas of the borough excluding
the cities of Houston,Palmer,and Wasilla.
(B)Within 20 calendar days of receipt of the proposed public participation plan,the director shall
provide the applicant with written acknowledgement of receipt of the plan,along with any
recommendations concerning the proposed process.The public involvement program,at a minimum,
must contain the following:
(1)Minimum requirements.
(a)the utility's public involvement program must comply with established state and
federal guidelines governing the utility including adequate public notice,public process,
public meetings,or public hearings;
(b)if no established state or federal guidelines apply to the proposed action,the utility
shall follow its own utility board adopted guidelines for public notification and involvement;
(c)if there are no established state,federal or utility board adopted guidelines,the public
involvement program will consist of the minimum requirements outlined in subsection (B)(2)
of this section,Public Involvement;and
(d)if astate,federal or utility board adopted public involvement program is used,they
must at least meet or exceed the minimum guidelines in subsection (B){2)of this section,
Public Involvement.
(2)Public involvement.
(a)aminimum of one public meeting will be held by the utility and shall be held in an area
central to the area impacted by proposed action;
(b)aminimum of one formal public hearing will be held by the utility later in the process
to allow for formal public testimony.The public hearing will be held in an area central to the
area impacted by proposed action;and
(c)notice of the public meeting and public hearing to occur a minimum of 15 days in
advance of the public meeting or public hearing.The public notice will include:
(i)three notices in a newspaper of general circulation within the borough;
(ii)public postings in local areas such as libraries,public buildings,schools,stores,
laundromats,lodges,on the utility's website,and on the Matanuska-Susitna
Borough's website,etc.;
(iii)public service announcements on local radio stations starting 15 days before the
public meeting;and
(iv)mailings,as appropriate,including notification of all affected community
councils.
(C)Implementation of the public involvement program shall commence within 120 days from the
issuance date of written acknowledgement.
(D)Upon completion of the public involvement program elements,the applicant shall create and submit
to the director a decisional document that describes how the public involvement program was
implemented,the nature of public comment,the chosen course of action,timeline for construction,and
the public's appeal process.Copies of all written public comments and an audio record,if available,shall
be included in the decisional document.
(Ord.07-076,§2 (part),2007)
17.05.050 DEFINITIONS.
*"Type |essential service utility'means any above or below ground structures or facilities used for
utility distribution including:
(1)"Electricity distribution”means medium voltage (less than 50KV)power lines,low voltage
electrical substations and pole-mounted transformers;and low voltage (less than 1,000V)
distribution wiring to provide service to individual customers;and
(2)"Service pipeline”means a distribution line that transports gas,oil,water,or sewage from a
common source of supply to the meter set assembly or distribution endpoint to provide service to
individual customers.
*"Type Il essential service utility”means any aboveground or below ground structures or facilities used
for utility transmission including:
(1)"Electricity transmission”means high-voltage (S0KV or higher)power lines,high-voltage
electrical substations and pole-mounted transformers,and high-voltage distribution or
transmission wiring;and
(2)"Transmission pipeline”means pipelines installed for the purpose of transmitting gas,oil,
water,or sewage from a source or sources of supply to one or more distribution centers,to one
or more large volume customers,or a pipeline installed to interconnect sources of supply.In
typical cases,transmission lines differ from distribution lines in that they operate at higher
pressures,are longer,and the distance between connections is greater.
CHAPTER 17.28:INTERIM MATERIALS DISTRICT
Section
17.28.010 Intent and purpose
17.28.020 Applicability
17.28.025 Nonconforming uses
17.28.030 Interim materials district (IMD)
17.28.040 Required compliance with state and federal laws
17.28.050 Site development plan required
17.28.060 Site development standards
17.28.063 Reclamation plan
17.28.067 Reclamation standards
17.28.070 Setbacks
17.28.080 Procedures for initiating an interim materials district (IMD)
17.28.090 Districts designated
17.28.100 Variances
17.28.120 Flood damage prevention;application and procedures
17.28.200 Violations,enforcement,and penalties
17.28.210 Fees
17.28.010 INTENT AND PURPOSE.
(A)It is the intent of the Matanuska-Susitna Borough to recognize the value and importance of
promoting the utilization of natural resources within its boundaries.The purpose of this chapter is to
establish an interim materials district within the Matanuska-Susitna Borough to allow resource extraction
activities as an interim use of land while promoting the public health,safety,order,prosperity,and general
welfare of the Matanuska-Susitna Borough through regulation of land use to reduce the adverse impacts
of land uses and development between and among properties.It is the further purpose of this chapter to
promote compatible,orderly development.These purposes are accomplished by:
(1)designating areas for the extraction of earth materials important for the development of the
Matanuska-Susitna Borough;
(2)enhancing the character and stability of residential,agricultural,business,commercial,and
industrial areas,and promoting the orderly and beneficial development of such areas by the
owner/permittee in a manner that will not devalue the extraction site or neighboring properties for
future beneficial uses upon completion of gravel extraction;
(3)promoting diversified land use and economic opportunity;
(4)encouraging the most appropriate uses of land;
(5)enhancing the natural,manmade,and historical amenities of the Matanuska-Susitna
Borough;
(6)recognizing and preserving traditional uses of land within the Matanuska-Susitna Borough;
and
(7)protecting and enhancing the quality,peace,quiet and safety of the Matanuska-Susitna
Borough neighborhoods.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.020 APPLICABILITY.
(A)This district shall be established on private or public lands for earth materials extraction and
processing activities greater than 20 contiguous acres in all areas of the borough except where the use is
prohibited by ordinance within a special land use district.Where this chapter is in conflict with the
conditions of a special land use district,the most restrictive conditions shall apply.
(B)This chapter does not apply within the cities of Houston,Palmer,or Wasilla,or the Port MacKenzie
Special Use District.
(C)An owner of greater than 20 contiguous acres where earth materials extraction has not been
granted a permit or pre-existing legal nonconforming status as of the date of the enactment of this chapter
is required to apply for designation as an interim materials district in accordance with this chapter.
(D)This chapter shall not apply to earth material extraction activities on land owned by the state of
Alaska that are in existence as of the date of adoption of the ordinance codified in this chapter except for
such operations that extract materials within four feet of the water table.Where a site is exempt under this
subsection the exemption is revoked if operations proceed to within four feet of the water table.
(Ord.12-096,§2,2012;Ord.11-153,§2,2011:Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.025 NONCONFORMING USES.
(A)At the date of adoption of the ordinance codified in this chapter,or amendments thereto,earth
materials extraction activities which were in existence before the effective date of applicable regulations
are permitted to continue subject to the provisions of this section.
(B)[Repealed by Ord.11-153,§3,2011]
(C)[Repealed by Ord.11-153,§3,2011]
(D)Operations with pre-existing legal nonconforming status shall comply with MSB 17.28.067(A)
through (D).
(E)Pre-existing legal nonconforming operations where material extraction occurs below or within four
feet of the seasonal high water table shall conduct operations in accordance with the requirements
outlined in MSB 17.30.037(D),except that MSB 17.30.037(D)(8)(b)through (d)shall not apply.
(F)Nonconforming status shall expire if materials extraction or earth material processing activity ceases
for longer than five years.
(Ord.11-153,§3,2011:Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.030 INTERIM MATERIALS DISTRICT (IMD).
(A)The extraction of earth materials is an interim use of the land in the Matanuska-Susitna Borough.An
interim materials district shall be greater than 20 contiguous acres in size,meet the site development
standards specified in MSB 17.28.060,and be in compliance with other applicable regulations as shown
in MSB 17.28.040.
(B)Allowed uses.The following principal uses are allowed in the interim materials district:
(1)removal of sand,gravel,rock,soil,peat moss,sphagnum,stone,pumice,cinders,clay or
other minerals including but not limited to quarrying,extraction,and removal of unprocessed and
processed materials to an off-site location;and
(2)processing of natural resources such as sand,gravel,rock,soil,peat moss,sphagnum,
stone,pumice,cinders and clay or other minerals by screening,washing,crushing,grinding,
milling,classification,storage,rail or truck loading,truck scaling,and sales.
(C)Accessory uses.
(1)agriculture;
(2)maintenance shops and storage buildings associated with the interim use;
(3)offices or buildings associated with sales and management of the interim use;
(4)batch plants and ancillary facilities associated with the interim use;
(5)recycling of other natural resources including recycled asphalt and concrete to be crushed;
(6)residential use solely for employee housing or security;and
(7)storage of equipment associated with materials extraction and construction.
(D)Material extraction below or within four vertical feet of the seasonal high water table requires an
extraction permit in accordance with MSB 17.30.037.
(E)Prohibited uses.Uses not meeting the requirements of this section or not allowed as a conditional
use are prohibited.
(Ord.11-153,§§4,5,6,2011;Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.040 REQUIRED COMPLIANCE WITH STATE AND FEDERAL LAWS.
(A)All applicants for interim materials district designation are required to demonstrate compliance with
state and federal law.Prior to final approval of the interim materials district,the applicant or agent shall
provide written documentation of compliance with the following:
(1)mining license as required by the Alaska State Department of Revenue,pursuant to A.S.
42.65;
(2)mining permit as required by the Alaska State Department of Natural Resources (ADNR)if
extraction activities are to take place on state land;
(3)reclamation plan as required by ADNR,pursuant to A.S.27.19;
(4)notice of intent (NOI)for construction general permit or multi-sector general permit and
storm water pollution prevention plan,and other associated permits or plans required by the
Environmental Protection Agency (EPA)pursuant to the National Pollutant Discharge Elimination
System (NPDES)requirements;and
(5)United States Army Corps of Engineers permit pursuant to Section 404 of the Clean Water
Act,33 U.S.C.1344,if material extraction activity is to take place within wetlands,lakes and
streams.
(B)In addition to the requirements in subsection (A)of this section,all activity shall be conducted in
compliance with state or federal regulations governing the items listed below.Written documentation of
compliance with these regulations is not required.Complaints received by the borough of violations of
requirements within this section will be forwarded to the appropriate agency for enforcement.
(1)Air quality.
(a)EPA air quality control permit is required for asphalt plants and crushers.
(b)ADNR burn permit is required for brush or stump burning.Combustibles shall be
stockpiled separate from noncombustibles,and burn permit requirements shall be followed.
(c)ADEC dust control and air quality regulations pertaining to burning activities shall be
followed.
(2)Water quality.
(a}EPA and ADEC regulations controlling spills,spill reporting,storage and disposal of
oil,anti-freeze,and hydrocarbons.
(3)Use and storage of hazardous materials,waste and explosives.
(a)EPAregulations controlling use of hazardous materials shall be followed;and
(b)}Federal Bureau of Alcohol,Tobacco,Firearms and Explosives (FBATFE)regulations
shall be followed when storing or using explosives.
(C)Failure to comply with any of the requirements in subsections (A)and (B)of this section is a
violation of the regulations of the interim materials district,and is subject to enforcement pursuant to MSB
17.28.200.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.050 SITE DEVELOPMENT PLAN REQUIRED.
(A)The application for an interim materials district shall include a site development plan.The site
development plan shall include,but not be limited to the following,as required by the conditions of the
site,and shall be consistent with the standards in MSB 17.28.060:
(1)identification of surrounding property owners,existing land uses,and wetlands and
waterbodies within the notification area;
(2)planned location of permanent and semipermanent structures for verification of setback
requirements;
(3)proposed phases of mining activities;
(4)roads and access plan;
(5)visual screening measures;
(6)noise mitigation measures;and
(7)proposed lighting.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.060 SITE DEVELOPMENT STANDARDS.
(A)Standards for the interim materials district site development plan are as follows:
(1)identification of surrounding property owners,existing land uses,and wetlands and
waterbodies within one-quarter mile of the site;
(2)phases of proposed mining activities including a map showing the area to be mined,a
description of the topography and vegetation,approximate time sequence for mining at particular
locations,and general anticipated location of semi-permanent equipment such as conveyor
belts,crushers,dredges,batch plants,etc.;
(3)the road and access plan shall include anticipated routes and traffic volumes,and shall be
approved by the director.If the level of activity exceeds the minimum levels specified in MSB
17.61.090,traffic standards,a traffic control plan consistent with state regulations may be
required;
(a)road maintenance may be required of permittee;
(4)visual screening measures shall include a detailed description of the type of visual
screening to be utilized,and shall be maintained as necessary during the course of extraction
activities.Visual screening may include,but is not limited to,berms,natural vegetation,solid
fences,walls,evergreen hedges or other means as approved by the commission.If mining is
planned to be conducted within 300 feet of the property line,berms or other visual screening
methods shall be a minimum of ten feet in height.If mining is planned to be conducted greater
than 300 feet from the property line,the applicant shall utilize commission-approved screening
methods to minimize visual impacts of the mining operation.The commission shal!adopt policies
and procedures to assist applicants in developing screening plans.In its discretion,the
commission may waive screening requirements where the topography of the property or the
placement of natural barriers makes screening not feasible or not necessary.Screening
requirements shall be required in consideration of and in accordance with existing uses of
adjacent property at the time of designation of the interim materials district.An interim materials
district shall not be required to screen the district from uses which arise after the designation of
the interim materials district;
(5)noise mitigation measures shall include a description of measures to be taken by the
applicant to mitigate or lessen noise impacts to surrounding properties and shall include,but not
be limited to,hours of operation of noise-producing equipment,erecting noise barriers (i.e.,
berms a minimum of ten feet in height)between noise-producing equipment and adjacent uses,
location of noise-producing equipment (i.e.,below grade in excavated pit areas),and measures
to utilize equipment with noise reduction features.
(a)nosound resulting from the earth materials extraction activities shall create a sound
level that exceeds the limits set forth for the existing receiving land use category in Table 1
when measured at or within the property boundary of the receiving land use:
Table 1.Sound Levels by
Receiving Land Use
Sound
Receiving Land Use
Category Time Level Limit
(dB(A))
Residential Use 7a.m.-10 60
Table 1.Sound Levels by
Receiving Land Use
Sound
Receiving Land Use ;Time Level Limit
Category (dB(A))
p.m.
10 p.m. 7 50
a.m.
Commercial Use 7 a.m.-10 70
p.m.
10 p.m.--7 60
a.m.
Industrial Use or At all times 80
Undeveloped Land
(6)
(b)[Repealed by Ord.08-150,§2,2008]
(c)for any sound that is of short duration,between the hours of 7 a.m.and 7 p.m.the
levels established in Table 1 may be increased by:
(i)five dB(A)for a total of 15 minutes in any one hour;or
(ii)ten dB(A)for a total of five minutes in any hour;or
(iii)fifteen dB(A)for a total of one and one-half minutes in any one-hour period.
(d)aninterim materials district or a conditional use permit for earth materials extraction
activities shall not be required to provide noise mitigation measures to mitigate or lessen
noise impacts if a land use requiring lesser noise levels than for an industrial area arises on
properties adjacent to earth materials extraction sites after the designation of the interim
materials district or the effective date of the conditional use permit.
lighting standards are:
(a)exterior lighting shall be located and shielded to direct the light towards the ground,in
order to minimize light spillage onto adjacent properties and upward into the night sky.
(b)illumination or other fixtures mounted higher than 20 feet or 150 watts or more shall
have downward directional shielding.
(7)Except as permitted by MSB 17.30.037,the following restrictions shall apply:an
undisturbed buffer shall be left and no earth material extraction activities shall take place within
100 linear feet from a lake,river,stream,or other water body,including wetlands (unless
permitted by U.S.Army Corps of Engineers 404 Permit,MSB 17.28.040(A)(5)).This regulation
shall not apply to manmade water bodies being constructed during the course of the materials
extraction activities.
(a)anundisturbed buffer shall be left and no earth material extraction activities shall take
place within 100 linear feet from a lake,river,stream,or other water body,including
wetlands (unless permitted by United States Army Corps of Engineers 404 Permit,MSB
17.28.040(A)(5)).
(b)a four-foot vertical separation between all excavation and the seasonal high water
table shall be maintained.
(8)[Repealed by Ord.11-153,§9,2011]
(Ord.12-064 §2,2012;Ord.11-153,§§7,8,9,2011;Ord.08-150,§2,2008;Ord.08-136,§2,2008:Ord.
08-017(AM),§2,2008;Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.063 RECLAMATION PLAN.
(A)Areclamation plan shall be submitted which clearly defines steps the applicant will take to restore
and revegetate the site in accordance with the reclamation standards outlined in MSB 17.28.067.The
reclamation plan shall include the following:
(1)an approximate times sequence for reclamation at particular locations.
(2)proof that reclamation financial assurance has been filed with the state of Alaska in
accordance with AS 27.19.040 except:
(a)those operations which qualify for an exemption under AS 27.19.050 are exempt from
this requirement.
(Ord.11-153,§10,2011)
17.28.067 RECLAMATION STANDARDS.
(A)For all extraction operations permitted under this chapter,reclamation of each phase of operation
shall be completed in accordance with this section within four growing seasons of a phase becoming
complete.
(B}Reclamation is not required for those portions of mining phases that overlie subsequent phases.
(C)Junk vehicles,junk vehicle parts,and trash shall be removed in accordance with MSB 8.50;
(D)Slopes shall be graded to attain a maximum 50 percent slope or the natural stabilized angle of
repose of the existing earth material:
(1)Site soils more susceptible to erosion or liquefaction require a slope adequate to ensure
stabilization;
(2)Slopes shall be graded to blend with the surrounding undisturbed topography.
(E)Surface water quality shall be protected by implementing applicable best management practices
described in the current publication of the State of Alaska's User Manual Best Management Practices for
Gravel Pits.
(F)All disturbed areas shall be covered with a minimum compaction depth of four inches of topsoil
stripped and stockpiled during initial development activities.In cases where there is insufficient topsoil on
site to provide this minimum coverage,all available topsoil shall be retained for reclamation.
(1)Natural substances and organic materials that have water and nutrient holding capacity
conducive to plant growth may be used as a substitute for topsoil.
(G)All surface areas shall be stabilized and protected against erosion;
(1)A vegetative cover shall be established and maintained over all disturbed areas on the
material extraction site in conformance with the current Alaska State Department of Natural
Resources,Division of Agriculture,Revegetation Manual for Alaska.The current manual will be
maintained at the borough planning department and shall be available on request.
(2)Sixty percent live plant cover of the entire restored area shall be achieved by the end of the
fourth growing season after the phase is completed.
(H)Reseeding of reclaimed areas shall utilize certified seed suitable for Alaska conditions that is free of
noxious weeds or undesirable plant species identified in 11 AAC 34.020,Prohibited and Restricted
Noxious Weeds.
(1)Areas covered by buildings,paved driveways,paved roads,and paved parking lots and areas where
future utility easements and septic systems will exist are exempt from the reclamation standards outlined
in subsections (F)through (H)of this section.
(J)Standards for reclamation below the seasonal high water table upon completion of earth materials
extraction are as follows:
(1)The first 20 feet of slope below the water table shall not exceed ten percent to create a
benthic zone.
(2)The remaining slope within the water table shall not exceed the stabilized angle of repose.
(Ord.11-153,§11,2011)
17.28.070 SETBACKS.
(A)A 25-foot setback is required from all property lines for structures,permanent or portable facilities,
and equipment or material storage.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.080 PROCEDURES FOR INITIATING AN INTERIM MATERIALS DISTRICT (IMD).
(A)Aninterim materials district may be initiated on a property which meets the standards for
designation as an IMD by:
(1)the owner of the property or their authorized representative;
(2)the department of planning and land use upon its own initiative;
(3)the planning commission,upon its own motion;or
(4)the assembly,upon its own motion.
(B)The applicant for an interim materials district designation under subsection (A)(1)of this section
shall submit the following to the department of planning and land use:
(1)acompleted application on a form provided by the department of planning and land use
(incomplete applications will not be accepted);
(2)asite development plan in accordance with MSB 17.28.050 and 17.28.060;
(3)a fee in the amount designated in MSB 17.99;and
(4)areclamation plan in accordance with MSB 17.28.063.
(C)The planning commission shall conduct at least one public hearing prior to making a
recommendation to the assembly on designation of an interim materials district.
(1)The public hearing shall be held in conformance with MSB 15.04.016,and notice of the
hearing shall be made pursuant to the standards of MSB 17.03,except that the notification area
will be one mile from the exterior boundary of the subject property.
(2)The commission shall report to the assembly on whether the applicant has met the
standards delineated in MSB 17.28.050 and 17.28.060 and what effect the proposed interim
materials district would have on the public health,safety,and general welfare of the Matanuska-
Susitna Borough.The commission in its report to the assembly shall recommend to the
assembly approval,denial,modifications,or conditions of approval for the proposed action,and
shall include findings on the following:
(a)whether the proposed interim materials district is compatible with the goals and
objectives of the comprehensive plan;
(b)whether the proposed interim materials district negatively affects public health,safety
or general welfare;and
(c)whether the proposed interim materials district has met the site development
standards of this chapter including compliance with all required local,state,and federal
laws.
(D)The assembly shall review the recommendation of the planning commission,hold a public hearing
and vote on whether to designate the proposed area as an interim materials district.
(Ord.11-153,§12,2011;Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.090 DISTRICTS DESIGNATED.
(A)The following districts are interim materials districts subject to the provisions of this chapter:
(1)Alaska Railroad Curry Quarry,within Township 29 North,Range 4 West,Sections 10 and
15,Seward Meridian,and more specifically described as:
Township 29 North,Range 4 West,Seward
Meridian,Alaska
Section 10 All that portion lying southeasterly of
Denali State Park.
Section 15 All
(2)[Repealed by Ord.11-133,§14,2011]
(3)Mile 78.3 Kashwitna,within Township 20 North,Range 4 West,Section 6,Seward
Meridian,and more specifically described as:
Township 20 North,Range 4 West,Seward
Meridian,Alaska
Section The S 1/2 of the NW 1/4,and the SW 1/4.
5
Section S 1/2 of the NE 1/4 and the SE 1/4,and
6 Government Lots 1,2,and 3,excluding
Township 20 North,Range 4 West,Seward
Meridian,Alaska
(approximately 7.5 acres)the W 1/2 of the
SW 1/4 of the SW 1/4 of the SE 1/4 and the
W 1/2 of the E 1/2 of the SW 1/4 of the SW
1/4 of the SE 1/4.
That portion of Lot 4 lying East of the Parks
Highway.,
All of the E 1/2 of the SW 1/4 excepting
therefrom the following:
That portion of the E 1/2 of the SW 1/4,
located between the centerline of the
Alaska-Fairbanks Highway (now Parks
Highway)and the West line of the Alaska
Railroad right-of-way,and further excepting
therefrom the following:
That portion of the E 1/2 of the SW 1/4
lying west of the centerline of the
Anchorage-Fairbanks Highway (now Parks
Highway).Subject to existing easements,
restrictions and reservations of record,if
any.
Lot 1,Birch Grove Subdivision,according
to Plat No.2011-79.
Township 21 North,Range 4 West,Seward
Meridian,Alaska
Section SE 1/4
31
(4)Alsop Pit:Tract 2 of the Point MacKenzie Subdivision,Phase 1,Plat No.2008-68
comprising 30.47 acres more or less;and:
That portion of Tract A-1-A Alaska State Cadastral Survey Plat 89-59 Palmer Recording District
lying:
-northerly of a line that is parallel to and 1250.00"southerly of the north line of said Tract A-1-A,
and;
-westerly of a line that is parallel to,concentric with,and 100.00'westerly of the west line of the
W.Point MacKenzie Road Right-of-Way,said west Right-of-Way line being 75'westerly of the
centerline of W.Point MacKenzie Road.
Said portion of Tract A-1-A comprising 45.14 acres,more or less.
(5)Susitna Parkway Pit:A portion of Section 6,Township 16 North,Range 4 West of the
Seward Meridian Alaska bound on the north by Government Lots 2 and 3,and the east by the
southwest 1/4 northeast 1/4,and the south by the northerly right-of-way of South Big Lake Road
Extension,and the west by Government Lots 5 and 6;said portion of Section 6 containing 97.5
acres more or less.
(6)Kopezenski Pit,Mile 81.8 Parks Highway,within Township 21 North,Range 4 West,
Section 19,Seward Meridian,and more specifically described as:
The East one-half (1/2)of the Northeast One-Quarter (1/4)of Section 19,Township 21 North,
Range 4 West,Seward Meridian.
(Ord.12-132,§2,2012;Ord.12-115,§2,2012;Ord.12-010,§2,2012;Ord.11-133,§14,2011;Ord.11-
119,§2,2011;Ord.11-038,§2,2011;Ord.09-120,§7,2009;Ord.08-038,§2,2008;Ord.07-077,§2,
2007)
17.28.100 VARIANCES.
(A)Applications and procedures for obtaining variances from standards of this chapter shall be as
prescribed in MSB 17.65.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.120 FLOOD DAMAGE PREVENTION;APPLICATION AND PROCEDURES.
(A)Applications and procedures for obtaining a development permit within any designated special flood
hazard area under this chapter shall be as prescribed in MSB 17.29.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.200 VIOLATIONS,ENFORCEMENT,AND PENALTIES.
(A)Unless specified otherwise,any violation of this chapter is an infraction.
(B)Enforcement of the provisions of this chapter and associated penalties shall be consistent with the
terms and conditions of MSB 1.45.
(Ord.05-123(SUB)(AM),§2 (part),2005)
17.28.210 FEES.
(A)Fees required under this chapter will be established in accordance with MSB 17.99.
(Ord.05-123(SUB)(AM),§2 (part),2005)
CHAPTER 17.29:FLOOD DAMAGE PREVENTION
Section
17.29.010 Findings of fact
17.29.020 Purpose
17.29.030 Methods of reducing flood losses
17.29.040 Definitions
17.29.050 Application
17.29.060 Basis for establishing the areas of special flood hazard
17.29.065 Penalties for noncompliance
17.29.070 Abrogation and greater restrictions
17.29.080 Interpretation
17.29.090 Warning and disclaimer of liability
17.29.100 Development permit required
17.29.110 Application for development permit
17.29.120 Designation of the director
17.29.130 Duties and responsibilities of the director
17.29.140 Appeals
17.29.150 Variances
17.29.160 General standards for flood hazard reduction
17.29.170 Specific standards
17.29.180 Floodways
17.29.185 Standards for shallow flood areas (AO Zones)
17.29.190 Critical facility
17.29.010 FINDINGS OF FACT.
(A)The flood hazard areas of the Matanuska-Susitna Borough are subject to periodic inundation which
results in loss of life and property,health and safety hazards,disruption of commerce and governmental
services,extraordinary public expenditures for flood protection and relief,and impairment of the tax base,
all of which adversely affect the public health,safety,and general welfare.
(B)These flood losses are caused by the cumulative effect of obstructions in areas of special flood
hazards,which increases flood heights and velocities,and when structures in such areas are
inadequately anchored,damage to such structures and to other property and injury to persons.Uses that
are inadequately floodproofed,elevated,or otherwise protected from flood damage also contribute to the
flood loss.
(Ord.87-52,§2 (part),1987)
17.29.020 PURPOSE.
(A)It is the purpose of this chapter to promote the public health,safety,and general welfare,and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1)to protect human life and health;
(2)to minimize expenditure of public money and costly flood control projects;
(3)to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4)to minimize prolonged business interruptions;
(5)to minimize damage to public facilities and utilities such as water and gas mains,electric,
telephone and sewer lines,streets,and bridges located in areas of special flood hazard;
(6)to help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7)to ensure that potential buyers are notified that property is in an area of special flood
hazard;
(8)to ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
(Ord.87-52,§2 (part),1987)
17.29.030 METHODS OF REDUCING FLOOD LOSSES.
(A)In order to accomplish its purposes,this chapter includes methods and provisions for:
(1)restricting or prohibiting uses which are dangerous to health,safety,and property due to
water or erosion hazards,or which result in damaging increases in erosion or in flood heights or
velocities;
(2)requiring the uses vulnerable to floods,including facilities which serve such uses,be
protected against flood damage at the time of initial construction;
(3)controlling the alteration of natural floodplains,stream channels,and natural protective
barriers,which help accommodate or channel flood waters;
(4)controlling filling,grading,dredging and other development which may increase flood
damage;
(5)preventing or regulating the construction of flood barriers which will unnaturally divert flood
waters or may increase flood hazards in other areas.
(Ord.87-52,§2 (part),1987)
17.29.040 DEFINITIONS.
(A)Unless specifically defined below,words or phrases used in this chapter shall be interpreted as
defined in the current edition of the Code of Federal Regulations.
*"Appeal”means a request for a review of the director's interpretation or application of any provision of
this chapter.
*"Area of shallow flooding”means a designated AO or AH zone on the digital flood insurance rate map
(DFIRM)with a one percent or greater chance of flooding.The base flood depths range from one to three
feet;a clearly defined channel does not exist;the path of flooding is unpredictable and indeterminate;and
velocity flow may be evident.Such flooding is characterized by ponding (AH)or sheet flow (AQ).
*"Base flood”means the flood having a one percent chance of being equalled or exceeded in any given
year.
*"Borough”means the Matanuska-Susitna Borough.
*"Critical facilities”include all manmade structures or other improvements which because of their
function,size,service area,or uniqueness have the potential to result in serious bodily harm,extensive
property damage,or disruption of vital socioeconomic activities if they are destroyed,damaged,or if their
services are repeatedly interrupted.
*"Development”means any manmade change to improved or unimproved real estate,including but not
limited to buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling
operations,or storage of equipment or materials located within the area of special flood hazard.
*"Digital flood insurance rate map (DFIRM)”means the official digital map on which the Federal
insurance Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the borough.
«"Director”means the director of the planning department or the director's designee.
*"Flood”or "flooding”means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1)the overflow of inland or tidal waters;or
(2)the unusual and rapid accumulation of runoff of surface waters from any source.
*"Flood insurance rate map (FIRM)”means the official paper map on which the Federal Insurance
Administration has previously delineated both the areas of special flood hazards and the risk premium
zones applicable to the borough.
*"Flood insurance study”means an examination,evaluation,and determination of flood hazards,and if
appropriate,corresponding water surface elevations.
*"Floodplain administrator'means the person designated by the director to administer the provisions of
this chapter.
*"Floodway”means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
*"Grade”means the surface level of the ground.
*"Lowest floor”means the lowest floor of the lowest enclosed area,including a basement.An
unfinished or flood-resistant nonresidential enclosure,usable solely for parking of vehicles,building
access or storage in any area other than a basement area,is not considered a building's lowest floor;
provided,that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of MSB 17.29.170(A)(2).
*"Manufactured home”means a structure,transportable in one or more sections,which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities.For floodplain management purposes the term "manufactured home'also includes
travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.For
insurance purposes,the term "manufactured home”does not include travel trailers,and other similar
vehicles.
*"Manufactured home park or subdivision”means a parcel or contiguous parcels of land divided into
two or more manufactured home lots for rent or sale.
«"New construction”means structures for which the "start of construction”commenced on or after the
effective date of the ordinance codified in this chapter.
*"Recreational vehicle”means a vehicle which is:
(1)built on a single chassis;
(2)four hundred square feet or less when measured at the largest horizontal projection;and
(3)designed to be self propelled or permanently towable by a light duty truck.
*"Special flood hazard area”means land in the floodplain within the borough subject to a one percent or
greater chance of flooding in any given year.The area may be designated as Zone A,AO,AH,or AE on
the digital flood insurance rate map (DFIRM).This is also known as the "area of special flood hazard.”
*"Start of construction”includes substantial improvement,and means the date the flood hazard
development permit was issued,provided the actual start of construction,repair,reconstruction,
placement or other improvement was within 180 days of the permit date.The "actual start”means either
the first placement of permanent construction of a structure on a site,such as the pouring of slab or
footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation.Permanent construction does not include land
preparation,such as clearing,grading,and filling;nor does it include the installation of streets or
walkways;nor does it include excavation for a basement,footings,piers,or foundation or the erection of
temporary forms;nor does it include the installation on the property of accessory buildings,such as
garages or sheds not occupied as dwelling units or not part of the main structure.
«"Structure”means a walled and roofed building including a gas or liquid storage tank that is principally
above ground.
*"Substantial damage”means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
+"Substantial improvement”means any repair,reconstruction,or improvement of a structure,the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1)before the improvement or repair is started;or
(2)if the structure has been damaged and is being restored,before the damage occurred.
For the purposes of this definition,"substantial improvement”is considered to occur when the first
alteration of any wall,ceiling,floor or other structural part of the building commences,whether or not that
alteration affects the external dimensions of the structure;however,the term does not include any project
for improvement of a structure to comply with existing state or local health,sanitary,or safety code
specifications which are solely necessary to assure safe living conditions,nor does it include any
alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic
Places.
*"Variance”means a grant of relief from the requirements of this chapter which permits construction in
a manner that would otherwise be prohibited by this chapter.
(Ord.11-106,§2,2011;Ord.11-018,§3,2011:Ord.88-60,§3 (part),1988;Ord.87-52,§2 (part),1987)
17.29.050 APPLICATION.
This chapter shall apply to all areas of special flood hazards within the borough.
(Ord.87-52,§2 (part),1987)
17.29.060 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for Matanuska-Susitna Borough,Alaska”dated
September 15,2009,with accompanying digital flood insurance rate map (DFIRM),is hereby adopted by
reference and declared to be part of this chapter.The flood insurance study and the DFIRM are on file at
the Matanuska-Susitna Borough.
(Ord.11-018,§4,2011:Ord.87-52,§2 (part),1987)
17.29.065 PENALTIES FOR NONCOMPLIANCE.
No structure may be constructed,located,extended,or converted,nor may any structure or land be
altered without full compliance with the terms of this chapter and other applicable regulations.Nothing
herein contained shall prevent the borough from taking such lawful action as is necessary to prevent or
remedy any violation.
(Ord.87-52,§2 (part),1987)
17.29.070 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal,abrogate,or impair any existing easements,covenants,or deed
restrictions.However,where this chapter and another chapter,easement,covenant,or deed restriction
conflict or overlap,whichever imposes the more stringent restrictions shall prevail.
(Ord.87-52,§2 (part),1987)
17.29.080 INTERPRETATION.
(A)In the interpretation and application of this chapter all provisions shall be:
(1)considered as minimum requirements;
(2)liberally construed in favor of the governing body;
(3)deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord.87-52,§2 (part),1987)
17.29.090 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations.Larger floods can and will occur on rare
occasions.Flood heights may be increased by manmade or natural causes.This chapter does not imply
that land outside the areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages.This chapter does not create any duty or liability on the part of the borough,
any officer or employee thereof,or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision made hereunder.
(Ord.87-52,§2 (part),1987)
17.29.100 DEVELOPMENT PERMIT REQUIRED.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in MSB 17.29.060.The permit shall be for all structures,including
manufactured homes,as set forth in the definitions,and for all development including fill and other
activities,also as set forth in the definitions.
(Ord.87-52,§2 (part),1987)
17.29.110 APPLICATION FOR DEVELOPMENT PERMIT.
(A)Application for a development permit shall be made on forms furnished by the director and must be
accompanied by a fee established by the assembly.The application shall include but not be limited to
plans drawn to scale showing the nature,location,dimensions,and elevations of the area in question;
and existing or proposed structures,fill,storage of materials,drainage facilities,and the location of the
foregoing.Specifically:
(1)elevation in relation to mean sea level of the lowest floor (including basement)of all
structures;
(2)elevation in relation to mean sea level to which any structure has been floodproofed;
(3)certification by a registered professional engineer that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in MSB 17.29.170(A)(2).
(Ord.11-018,§5,2011:Ord.87-52,§2 (part),1987)
17.29.120 DESIGNATION OF THE DIRECTOR.
The director shall administer and inplement this chapter by granting or denying development permit
applications in accordance with its provisions.
(Ord.87-52,§2 (part),1987)
17.29.130 DUTIES AND RESPONSIBILITIES OF THE DIRECTOR.
(A)The director shall:
(1)review all development permits to determine that the permit requirements of this chapter
have been satisfied;
(2)review all development permits to determine that all necessary permits have been obtained
from those federal,state,or local governmental agencies from which prior approval is required;
(3)review all development permits to determine if the proposed development is located in the
floodway.If located in the floodway,assure that the encroachment provisions of MSB
17.29.180(A)are met;
(4)when base flood elevation data has not been provided in accordance with MSB 17.29.060
obtain,review,and reasonably utilize any base flood elevation and floodway data available from
a federal,state or other source in order to administer MSB 17.29.160 through 17.29.180;
(5)where base flood elevation is provided through the Flood Insurance Study or required as in
subsection (A)(4)of this section,obtain and record the actual elevation in relation to mean sea
level of the lowest floor,including basement of all new or substantially improved structures,and
whether or not the structure contains a basement;
(6)for all new or substantially improved floodproofed structures:
(a)verify and record the actual elevation in relation to mean sea level;
(b)maintain the floodproofing certifications required in MSB 17.29.110(A)(3);
(7)maintain for public inspection all records pertaining to the provisions of this chapter;
(8)notify adjacent communities and the Alaska Department of Community and Regional Affairs
prior to any alteration or relocation of a watercourse,and submit evidence of such notification to
the Federal Insurance Administration;
(9)require that maintenance be provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished;
(10)make interpretations where needed,as to exact location of the boundaries of the areas of
special flood hazards,particularly where there appears to be a conflict between a mapped
boundary and actual field conditions.The person contesting the location of the boundary may
appeal the interpretation as provided in MSB 15.39:
(11)maintain the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
(Ord.11-018,§6,2011;IM 96-013,page 1 (part),presented 3-19-96;Ord.87-52,§2 (part).1987)
17.29.140 APPEALS.
(A)The board of adjustment and appeals shall hear and decide appeals as provided under MSB 15.39.
(B)The board of adjustment and appeals shall hear and decide appeals when it is alleged there is an
error in any requirement,decision,or determination made by the director in the application,enforcement
or other administration of this chapter.
(IM 96-013,page 1 (part),presented 3-19-96;Ord.87-52,§2 (part)1987)
17.29.150 VARIANCES.
(A)Arequest for a variance from the provisions of this chapter must be made in writing to the planning
commission.The application must contain sufficient information for the planning commission to make a
determination based upon criteria set out in this section and must be accompanied bya filing fee.
(B}The planning commission shall hear requests for variances.
(C)In passing upon such requests,the planning commission shall consider all technical evaluations,all
relevant factors,standards specified in other sections of this chapter,and:
(1)the danger the materials may be swept onto other lands to the injury of others;
(2)the danger to life and property due to flooding or erosion damage;
(3)the susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(4)the importance of the services provided by the proposed facility to the borough;
(5)the necessity to the facility of a waterfront location,where applicable;
(6)the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(7)the compatibility of the proposed use with existing and anticipated development;
(8)the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9)the safety of access to the property in times of flood for ordinary and emergency vehicles;
(10)the expected heights,velocity duration,rate of rise,and sediment transport of the flood
waters and the effects of wave action,if applicable,expected at the site;
(11)the costs of providing governmental services during and after flood conditions,including
maintenance and repair of public utilities and facilities such as sewer,gas,electrical,and water
systems,and streets and bridges.
(D)Upon consideration of the factors of subsection (C)of this section and the purposes of this chapter,
the commission may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(E)Variances may be granted only when the standards and criteria set out in this subsection (E)of this
section are met.
(1)Generally,the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial inprovements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level,providing the factors set out in subsection (C)(1)through (11)of this
section have been fully considered.As the lot size increases the technical justification required
for issuing the variance increases.
(2)Variances may be issued for the construction,rehabilitation,or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in this section.
(3)Variances may not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(4)Variances may be issued only upon a determination that the variance is the minimum
necessary,considering the flood hazard,to afford relief.
(5)Variances shall be issued only upon:
(a)ashowing of good and sufficient cause;
(b)adetermination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c)adetermination that the granting of a variance will not result in increased flood
heights,additional threats to public safety,extraordinary public expense,create nuisances,
cause fraud on or victimization of the public,or conflict with existing local laws or
ordinances.
(6)Variances,as interpreted in the National Flood Insurance Program,are based on the
general zoning law principle that they pertain to a physical piece of property;they are not
personal in nature and do not pertain to the structure,its inhabitants,economic or financial
circumstances.They primarily address small lots in densely populated residential
neighborhoods.As such,variances from the flood elevations should be quite rare.
(7)Variances may be issued for non-residential buildings in very limited circumstances to allow
a lesser degree of floodproofing than watertight or dry-floodproofing,where it can be determined
that such action will have low damage potential,complies with all other variance criteria except
subsection (E)(1)of this section,and otherwise complies with MSB 17.29.160(A)(1)and (2).
(8)Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with a lowest floor elevation below the base flood elevation and that
the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(Ord.87-52,§2 (part),1987)
17.29.160 GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION.
(A)In all areas of special flood hazard,the following standards are required:
(1)Anchoring.
(2)
(3)
(a)All new construction and substantial improvements shall be anchored to prevent
flotation,collapse,or lateral movement of the structure.
(b)All manufactured homes must likewise be elevated and anchored to prevent flotation,
collapse or lateral movement and shall be installed using methods and practices that
minimize flood damage.Anchoring methods may include,but are not limited to,use of
over-the-top or frame ties to ground anchors and other techniques set out in "Manufactured
Home Installation in Flood Hazard Areas,”a guidebook published by the Federal
Emergency Management Agency.
Construction materials and methods.
(a)All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(b)All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(c)Electrical,heating,ventilation,plumbing,and air conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
Utilities.
(a)All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(b)New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems into
floodwaters;
(c)On-site water disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4)Subdivision proposals.
(a)Within FEMA mapped special flood hazard areas in Zones A,AO,AH,or AE on the
DFIRM,subdivision proposals or other similar housing development such as mobile home
parks shall verify they are reasonably safe from flooding by demonstrating that:
(i)the subdivision is consistent with the need to minimize flood damage;and
(ii)the public utilities and facilities such as sewer,gas,electrical,and water systems
are located and constructed to minimize flood damage;and
(iii)the subdivision has adequate drainage provided to reduce exposure to flood
damage.
(b)Within FEMA mapped special flood hazard areas in Zones A,AO,AH,or AE on the
DFRIM,if the subdivision and other proposed new development is greater than five acres
or 50 lots,whichever is less,the applicant shall also:
(i)map special flood hazard areas and floodways on the preliminary and final plats;
and
(ii)provide base flood elevation data where base flood elevation is available;or
(iii)generate base flood elevation where base flood elevation data is not available
from the borough or other authoritative source.
(c)The test of reasonableness shall be in accordance with subsection (B)of this section.
(B)Review of development permits.Where elevation data is not available either through the flood
insurance study or from another authoritative source pursuant to MSB 17.29.130(A)(4),applications for
development permits shall be reviewed to assure that proposed construction will be reasonably safe from
flooding.The test of reasonableness is a local judgment based on mapped flood hazard data,use of
historical records,high water marks,photographs of past flooding,anecdotal information from long-time
residents,and other similar information,where available.
(Ord.11-106,§3,2011;Ord.11-018,§§7,8,2011;Ord.05-170,§2,2005;Ord.87-52,§2 (part),1987)
17.29.170 SPECIFIC STANDARDS.
(A)Inall areas of special flood hazards where base flood elevation data has been provided as set out in
MSB 17.29.060 or 17.29.130(A)(4),the following provisions are required:
(1)Residential construction.
(a)Newconstruction and substantial improvement of any residential structure shall have
the lowest floor,including basement,elevated at or above base flood elevation,but the
borough recommends two feet above base flood elevation.
(b)Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.Designs for meeting this requirement must
either be certified by a registered professional engineer or must meet or exceed the
following minimum criteria:
(i)A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
(ii)The bottom of all openings shall be no higher than one foot above grade.
(iii)Openings may be equipped with screens,louvers,or other coverings or devices,
provided they permit the automatic entry and exit of floodwaters.
(2)Nonresidential construction.New construction and substantial improvement of any
commercial,industrial,or other nonresidential structure shall either have the lowest floor,
including basement,elevated at or above the level of the base flood elevation,but the borough
recommends two feet above the base flood elevation;or,together with attendant utility and
sanitary facilities,shall:
(a)be floodproofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
(b)have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
(c)be certified by a registered professional engineer that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions
of this subsection based on their development and review of the structural design,
specifications,and plans.
Such certifications shall be provided to the official as set forth in MSB 17.29.130(A)(6);
(d)Nonresidential structures that are elevated,not floodproofed,must meet the same
standards for space below the lowest floor as described in subsection (A)(1)of this section;
(e)Applicants floodproofing non-residential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (for
example,a building constructed to the base flood level will be rated as one foot below that
level).
(3)Manufactured homes.
(a)All manufactured homes to be placed or substantially improved on sites:
(i)outside of a manufactured home park or subdivision;
(ii)in anew manufactured home park or subdivision;
(iii)in an expansion to an existing manufactured home park or subdivision;or
(iv)in an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial damage as the result of a flood,shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
elevated at or above the base flood elevation,but the borough recommends two feet
above the base flood elevation,and be securely anchored to an adequately anchored
foundation system to resist flotation,collapse,and lateral movement.
(b)Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the provisions of subsection
(A)(3)(a)of this section shall be elevated so that either:
(i)the lowest floor of the manufactured home is at or above the base flood
elevation,but the borough recommends two feet above the base flood elevation;or
(ii)the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 48 inches in
height above grade and be securely anchored to an adequately anchored foundation
system to resist flotation,collapse,and lateral movement.
(4)Recreational vehicles.Recreational vehicles placed on sites are required to either:
(a)be on the site for fewer than 180 consecutive days;
(b)be fully licensed and ready for highway use,on its wheels or jacking system,is
attached to the site only by quick disconnect type utilities and security devices and has no
permanently attached additions;or
(c)meet the requirements of subsection (A)(3)of this section and the elevation and
anchoring requirements for manufactured homes.
(Ord.11-018,§9,2011:Ord.87-52,§2 (part),1987)
17.29.180 FLOODWAYS.
(A)Located within areas of special flood hazard established under MSB 17.29.160 are areas
designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris,potential projectiles and erosion potential,the following provisions apply:
(1)Encroachments,including fill,new construction,substantial improvements,and other
development,are prohibited unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
(2)If the requirement of subsection (A)(1)of this section is satisfied,all new construction and
substantial improvements must comply with all applicable flood hazard reduction provisions of
MSB 17.29.160 through 17.29.170.
(Ord.11-018,§10,2011;Ord.87-52,§2 (part),1987)
17.29.185 STANDARDS FOR SHALLOW FLOOD AREAS (AO ZONES).
(A)Newconstruction and substantial improvements of residential structures within AO zones shall have
the lowest floor (including basement)elevated above the highest grade adjacent to the structure at least
as high as the depth number specified in feet on the community's DFIRM (at least four feet if no depth
number is specified).
(B)Newconstruction and substantial improvements of nonresidential structures within AO zones shall
either:
(1)have the lowest floor (including basement)elevated above the highest adjacent grade of
the building site at least as high as the depth number specified in feet on the community's
DFIRM (at least four feet if no depth number is specified);or
(2)together with attendant utility and sanitary facilities,be completely floodproofed to or above
that level so that any space below that level is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.If this method is used,compliance
shall be certified by a registered professional engineer as in MSB 17.29.170(A)(2)(c).
(C)Require adequate drainage paths around structures on slopes to guide floodwaters around and
away from proposed structures.
(D)Recreational vehicles placed on sites within AO Zones on the community's DFIRM shall either:
(1)be on the site for fewer than 180 consecutive days;
(2)be fully licensed and ready for highway use on wheels or jacking system,is attached to the
site only by quick disconnect type utilities and security devices and has no permanently attached
additions;or
(3)meet the requirements of subsections (A)and (C)of this section and the anchoring
requirements for manufactured homes in MSB 17.29.160(A)(1)(b).
(Ord.11-018,§11,2011)
17.29.190 CRITICAL FACILITY.
(A)Construction of new critical facilities shall be,to the extent possible,located outside of the special
flood hazard area (SFHA).Construction of new critical facilities shall be permissible within the SFHA if no
feasible alternative site is available.Critical facilities constructed within the SFHA shall have the lowest
floor elevated three feet above the highest adjacent grade or to the height of the 500-year flood,
whichever is higher.Access to and from the critical facility should also be protected to the height utilized
above.Floodproofing and sealing measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters.Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent possible.
(Ord.11-018,§12,2011)
CHAPTER 17.30:CONDITIONAL USE PERMIT (CUP)FOR EARTH MATERIALS
EXTRACTION ACTIVITIES
Section
17.30.010 Intent and purpose
17.30.020 Applicability
17.30.025 Nonconforming uses
17.30.030 Types of permits available
17.30.035 Application procedures
17.30.037 Material extraction below or within four feet of the seasonal high water table
17.30.040 Criteria to qualify for an administrative permit
17.30.050 Criteria to qualify for a conditional use permit
17.30.055 Required compliance with state and federal laws
17.30.060 General standards for approval
17.30.110 Amendment of conditional use permit
17.30.120 Transfer of a conditional use permit
17.30.130 Termination of permit
17.30.140 Violations,enforcement,and penalties
17.30.150 Appeal procedures
17.30.010 INTENT AND PURPOSE.
(A)_It is the intent of the Matanuska-Susitna Borough to recognize the value and importance of
promoting the utilization of natural resources within its boundaries.The purpose of this chapter is to allow
resource extraction activities while promoting the public health,safety,order,prosperity,and general
welfare of the Matanuska-Susitna Borough through regulation of land use to reduce the adverse impacts
of land uses and development between and among properties.It is the further purpose of this chapter to
promote compatible,orderly development.These purposes are accomplished by:
(1)allowing for a public review process for earth materials extraction activities in the
Matanuska-Susitna Borough;
(2)enhancing the character and stability of residential,agricultural,business,commercial,and
industrial areas,promoting the orderly and beneficial development of such areas by the
owner/permittee in a manner that will not devalue the extraction site or neighboring properties for
future beneficial uses upon completion of gravel extraction;
(3)promoting diversified land use and economic opportunity;
(4)encouraging the most appropriate uses of land;
(5)enhancing the natural,manmade,and historical amenities of the Matanuska-Susitna
Borough;
(6)recognizing and preserving traditional uses of land within the Matanuska-Susitna Borough;
and
(7)protecting and enhancing the quality,peace,quiet and safety of the Matanuska-Susitna
Borough neighborhoods.
(Ord.05-124(SUB)\AM),§2 (part),2005)
17.30.020 APPLICABILITY.
(A)This chapter applies to all private and public lands in the borough except where the use is prohibited
by ordinance within a special land use district.Where a special land use district regulates earth materials
extraction as a conditional use,the granting of a conditional use permit shall require compliance with this
chapter.Where this chapter is in conflict with the conditional use permit conditions of the special land use
district,the more restrictive conditions shall apply.
(B)This chapter does not apply within the cities of Houston,Palmer,or Wasilla,or the Port MacKenzie
Special Use District.
(C)This chapter applies to commercial earth materials extraction activities where the principal activity of
use of the property is the extraction of earth materials.
(D)This chapter does not apply when earth material extraction activity is not intended for sale or barter.
(E)An owner of 20 contiguous acres or less where earth materials extraction has not been granted a
permit or pre-existing legal nonconforming status as of the date of the enactment of this chapter is
required to obtain a conditional use permit or administrative permit.
(F)[Repealed by Ord.11-153,§13,2011]
(G)Extraction of 2,000 cubic yards or less annually on any one parcel does not require an
administrative or conditional use permit.Where a site is exempt under this subsection the exemption is
revoked if operations proceed within four feet of the seasonal high water table.
(H)This chapter shail not apply to earth material extraction activities on land owned by the state of
Alaska that are in existence as of the date of adoption of the ordinance codified in this chapter except for
such operations that extract materials within four feet of the water table.Where a site is exempt under this
subsection the exemption is revoked if operations proceed to within four feet of the water table.
(Ord.12-096,§3,2012;Ord.11-153,§13,2011:Ord.08-043,§§2,3,2008;Ord.07-130,§2,2007;Ord.
05-124(SUB)(AM),§2 (part),2005)
17.30.025 NONCONFORMING USES.
(A)At the date of adoption of the ordinance codified in this chapter,or amendments thereto,earth
materials extraction activities that have been granted a permit or pre-existing legal nonconforming status
are permitted to continue subject to the provisions of this section.
(B)[Repealed by Ord.11-153,§14,2011]
(C)[Repealed by Ord.11-153,§14,2011]
(D)Legal nonconforming extraction operations shall comply with MSB 17.28.067(A)through (D).
(E)Operations with pre-existing legal nonconforming status that extract material below or within four
feet of the seasonal high water table shall conduct operations in accordance with the requirements
outlined in MSB 17.30.037(D),except that MSB 17.30.037(D)(8)(b)through (d)shall not apply.
(F)Nonconforming status shall expire if material extraction or earth material processing activity ceases
for longer than five years.
(Ord.11-153,§14,2011:Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.030 TYPES OF PERMITS AVAILABLE.
(A)There are two types of permits available for earth materials extraction:
(1)Administrative permit -a use permit approved by the director with public notification may
be issued if the proposed development meets the minimum thresholds for an administrative
decision.
(2)Conditional use permit-a conditional use permit granted by the planning commission after
a public hearing,when the proposed development goes beyond the minimum threshold for an
administrative permit.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.035 APPLICATION PROCEDURES.
(A)For all permits required under this chapter,the following shall be submitted to the department:
(1)acompleted application form provided by the department;
(2)asite development plan in accordance with MSB 17.28.050 and 17.28.060;
(3)the fee in the amount designated in MSB 17.99;and
(4)reclamation plan in accordance with MSB 17.28.063.
(B)The director may reject any application which is incomplete or fails to meet the requirements of this
section.The rejection shall be in writing and shall state the deficient items.Once the deficiencies have
been corrected,the complete application will be processed.
(C)If the minimum criteria for an administrative permit can be met,the director will notify surrounding
property owners in accordance with MSB 17.03,public notification,except that the notification area will be
one-half mile.Within 30 days of acceptance of the application,the administrative permit will be issued
with conditions to address concerns raised by neighboring property owners,and as deemed appropriate
by the director,to protect the public health,safety and general welfare.
(D)[Repealed by Ord.11-153,§15,2011]
(E)If the proposed development exceeds the minimum criteria for an administrative permit,a public
hearing before the planning commission shall be conducted within 45 calendar days of the acceptance of
a complete application in accordance with MSB 17.03,public notification,except that the notification area
will be one-half mile.The applicant may waive the 45-day limit.
(F)The planning commission shall hear any interested parties and shall render a decision on the
application for a conditional use permit within 30 calendar days from the date of public hearing,unless the
applicant agrees to a time extension.In the granting of a conditional use permit,the planning commission
shall state in writing the conditions of approval of the permit.
(Ord.11-153,§15,2011:Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.037 MATERIAL EXTRACTION BELOW OR WITHIN FOUR FEET OF THE SEASONAL HIGH
WATER TABLE.
(A)Extraction of material below or within four feet of the seasonal high water table requires a permit
under this section except:
(1)material extraction in navigable water performed under the authority of the state or federal
governments.
(B)Prior to application for a water table extraction permit,the following requirements shall be met:
(1)_installation of a sufficient number of monitoring wells and test pits,as recommended by a
qualified professional,to adequately determine groundwater flow direction,hydraulic gradient,
water table and seasonal high water table elevation,and monitor groundwater quality upgradient
and downgradient of the proposed activity on the property on which the activity will take place.
Monitoring well and test pit locations must provide the qualified professional with adequate
information to characterize the entire property that will be permitted for material extraction:
(a)Monitoring wells shall be installed,maintained,and decommissioned in accordance
with 18 AAC 80.015.
(2)
(b)Well casing elevations shall be surveyed to a vertical accuracy of 0.01 feet by a
registered land surveyor.
(c)Monitoring well logs and a report must be submitted to the Alaska Department of
Natural Resources (ADNR)prior to time of application.The submittal to ADNR must
comply with 11 AAC 93.140 by showing well construction parameters and information.
collection of a sufficient number of representative groundwater samples,as recommended
by a qualified professional,to determine baseline water quality.
(3)
(a)Baseline representative groundwater samples shall be collected biannually (either
mid-summer and fall or fall and late winter)from monitoring wells,and at a minimum,be
analyzed for arsenic,barium,cadmium,chromium,lead,mercury,selenium,silver,total
nitrite/nitrates,phosphates,total dissolved solids,fecal coliform bacteria,benzene,toluene,
ethylbenzene,and xylenes by appropriate methods approved by the state.Additional
analytes shall be included if recommended by a qualified professional and based on review
of regulated potential sources of contamination within one-half mile of the boundary of the
property on which the activity will take place;
(b)Representative groundwater samples shall be collected under supervision of a
qualified professional using sampling methods and analytical methods as defined by a
state-certified laboratory.Sampling methods shail include documentation to assure
acquisition of representative samples.
Determination of seasonal high water table elevation,groundwater flow direction,hydraulic
gradient,and water table elevation for the site shall be measured under supervision of a qualified
professional.
(4)Awritten report shall be completed by a qualified professional that makes a determination
about the potential adverse effects to groundwater and surface water body elevation,
groundwater and surface water quality,surrounding water users and adjacent properties.The
determination shall be based on available data,interpretations of the data and knowledge of
groundwater processes.
(5)The report shall be submitted with the conditional use permit application and shall:
(a)identify existing public water system sources (i.e.,wells,springs,surface water
intakes),as identified by the state,that are located within one-half mile of the boundary of
the property on which the activity will take place;
(b)identify actual or presumed private drinking water wells located within one-half mile of
the boundary of the property on which the activity will take place and include a copy of the
available well logs.The qualified professional shall inspect ADNR well log records available
for properties within one-half mile of the boundary of the property on which the activity will
take place;
(c)identify public drinking water source capture areas less than or equal to the distance
of the two-year-time-of-travel isochron as identified or approved by the state,located within
one-half mile of the boundary of the property on which the activity will take place;
(d)identify existing regulated potential sources of contamination within at least one-half
mile of the boundary of the property on which the activity will take place;
(e)contain maps at appropriate scales presenting the results of the well search,the
setbacks required by subsection (D){8)of this section,and illustrating wetlands and water
bodies;at least one map shall show identified potential sources of contamination;
(f)include the water table elevation monitoring data,groundwater sampling analytical
results,monitoring well logs and records of any test pits,and a discussion of the seasonal
high water table determination;
(g)evaluate subsurface hydrologic conditions and identify potential adverse effects that
may occur as a result of material extraction.The evaluation of the hydrologic conditions
shall include identifying confining layers;and
(h)The report and all data relied upon in creation of the report shall be provided to the
borough and shall be available to the public for inspection and review by members of the
public.
(6)Amonitoring plan shall be completed by a qualified professional with appropriate action
levels requiring additional investigation and monitoring to assess potential adverse effects to
groundwater or surface water.
(a)The monitoring plan shall include a field sampling plan;and
(b)The plan shall contain all well construction and development details.
(C)In addition to the application requirements for a conditional use permit for earth materials extraction,
the application for a water table extraction permit shall include:
(1)adescription of the proposed extent and depth of material extraction beneath the seasonal
high water table.
(2)awritten report that meets the requirements of subsection (B)of this section,a monitoring
plan,and a spill prevention,control,and countermeasures plan as required by this section.
(3)afee in the amount designated by the assembly in accordance with this chapter.
(4)acertificate of general liability insurance with limits not less than $1,000,000 per
occurrence/$1,000,000 aggregate for operations involving less than 40 acres and $2,000,000
per occurrence/$2,000,000 aggregate for operations involving 40 acres or larger.Insurance shall
insure liability for bodily injury and property damage and be written on the Insurance Services
Office form number CG0001 12 07 or a form as broad as CG0001 12 07.The certificate of
insurance shall include 30 days'notice of cancellation to the borough.The borough shall be
named on the applicant's general liability policy as an additional insured and the applicant shall
waive their rights of subrogation against the borough.Such insurance shall remain in full force
and effect in the specified amounts for the duration of the permit period.Insurance coverage
must include liability for providing comparable alternate sources of drinking water to all impacted
parties served by any private or public water system adversely affected as a result of the activity.
(5)acertificate of pollution liability insurance with limits of $1,000,000 per
occurrence/$1,000,000 aggregate including third party bodily injury and property damage and
cleanup costs.If the responsible party's pollution liability (environmental)insurance is written on
a claims-made form,the responsible party shall provide insurance for a period of three years
after expiration or termination of the permit.The policy(ies)shall evidence a retroactive date,no
later than the effective date of the conditional use permit.
(D)Operating standards for extraction within or below four feet of the seasonal high water table are as
follows:
(1)Implement a monitoring plan that meets the requirements of this chapter.If existing wells
will provide sufficient data,no additional wells are required;
(2)Implement the spill prevention,control and countermeasures plan in accordance with
Environmental Protection Agency's requirements for above ground storage tank operations
regardless of the quantity of petroleum products on site;
(a)Fuel storage containers larger than 50 gallons shall be contained in impermeable
berms and basins capable of retaining 110 percent of the storage capacity;
(b)Fuel storage containers 50 gallons or smaller shall not be placed directly on the
ground,but shall be stored on a stable impermeable surface;
(c)Locate above ground storage tanks farthest from the path of groundwater flow to
private and public water systems and farthest from state-approved drinking water source
capture areas,and outside the setbacks for all drinking water sources;
(d)Equipment operating within the area of excavation shall be maintained to minimize
leaks of petroleum fluids.Equipment that releases petroleum fluids to the environment shall
be repaired as soon as practical.The responsible party or owner shall contain the leaks
immediately on discovery;and
(e)Inthe event of a reportable release of regulated contaminants,notification shall
include the director and shall occur concurrently with the state and federal agencies,if
applicable.
(3)Groundwater flow direction,hydraulic gradient,and groundwater table elevation for the
subject parcel shall be measured at least monthly during active extraction.Monitoring wells must
be maintained or replaced with equivalent monitoring wells.
(4)Collect groundwater samples biannually prior to seasonal excavation startup and within two
weeks of seasonal shutdown from the down-gradient and cross-gradient monitoring wells.
Sample collection shall be conducted in accordance with sampling methods defined by a state
certified laboratory.
(a)Representative groundwater samples shall be analyzed,at a minimum,for benzene,
toluene,ethylbenzene,xylenes,and total dissolved solids,by methods approved by a
certified laboratory as well as any analyte identified in the water quality monitoring data with
a concentration within 15 percent of the applicable water quality standards established by
state regulation.Groundwater sample analysis shall include testing for analytes that may
indicate water quality changes including,but not limited to,pH,conductivity,nitrates,
sulfates,sodium,calcium,magnesium,bicarbonate,and potassium.
(b)Analytical sampling results and water elevation monitoring data shall be retained for
two years following completion of reclamation activities and shall be provided to the director
upon request.
(i)If the monitoring data indicates that a maximum contaminant level set under 18
AAC 80 has been exceeded,or if the water level measurements indicate a shift,
beyond natural variability,in the elevation of the water table,the owner or responsible
party shall report that result to the department within 48 hours of notification.
(c)A qualified professional shall annually submit a report to the department that includes:
(i)atable of monitoring results;
(ii)water quality sample analytical results in a table that includes the appropriate
maximum contaminant levels established under 18 AAC 80;and
(iii)water table elevation monitoring data.
(5)Operations shall not breach or extract material from a confined aquifer or a confining layer
beneath a perched aquifer currently used as a drinking water source.
(a)If evidence suggests a confined aquifer or confining layer has been breached,or if
groundwater or surface water elevation changes rapidly or beyond natural variation,the
director shall be notified within 24 hours.
(i)A hydrologic assessment,conducted by a qualified professional,to determine the
affected area and the nature and degree of effects and a description of potential
repair or mitigation options shall be submitted to the director within 14 calendar days
of notification;
(ii)Repair or mitigation sufficient to address identified effects shall be initiated as
soon as practical,not to exceed 45 calendar days from the date the assessment is
received by the director;
(6)Proof of insurance as required by subsection (C)(4)of this section to mitigate impacts
arising from the extraction activity shall be maintained until completion and acceptance of
reclamation activities.
(7)Operations should be conducted in accordance with the current publication of the State of
Alaska's User Manual Best Management Practices for Gravel Pits.
(8)Operations shall maintain the following setbacks:
(a)_sixty-five feet from the property line,except where operations encompass contiguous
parcels and extraction within four feet of the seasonal high water table is proposed across
adjoining lot lines;
(b)five hundred feet from the nearest downgradient drinking water source;
(c)three hundred fifty feet from the nearest cross-gradient drinking water source;and
(d)two hundred feet from the nearest upgradient drinking water source.
(i)Minimum separation distances shall not apply to drinking water sources
constructed after a permit to extract material below the water table has been issued.
(Ord.11-153,§16,2011)
17.30.040 CRITERIA TO QUALIFY FOR AN ADMINISTRATIVE PERMIT.
(A)To qualify for an administrative permit,all of the following criteria must be met:
(1)the cumulative continuous activity is less than 40 acres in size;
(2)extraction activities subject to the permit shall not exceed:
(a)twenty-four months.A one-time extension of six months may be granted
administratively upon written request from the applicant;provided,that all conditions of the
permit have been met;or
(b)annual volume of 7,000 cubic yards (one cubic yard equals one and one-half tons)or
less;and
(3)any proposed batch plant use shall not exceed 24 months.
(B)The director may also set basic conditions of approval for issuance of the administrative permit,as
appropriate for the area in which the development is sited,for the following:
(1)setbacks (no less than minimum setback requirements as established in MSB 17.55;
however,may be increased as appropriate for existing surrounding development);
(2)visual screening,noise mitigation,lighting restrictions and roads/access restrictions as
appropriate for surrounding development and in accordance with development standards
referenced in MSB 17.28.060,site development standards;and
(3)road maintenance may be required by permittee.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.050 CRITERIA TO QUALIFY FOR A CONDITIONAL USE PERMIT.
(A)To qualify for a conditional use permit,all of the following criteria must be met:
(1)the cumulative continuous activity is less than 40 acres in size;and
(2)extraction activities may be ongoing.
(B)The commission may set conditions of approval for issuance of the conditional use permit,as
appropriate for the area in which the development is sited,for the following:
(1)setbacks (no less than minimum setback requirements as established in MSB 17.55;
however,may be increased as appropriate for existing surrounding development);
(2)visual screening,noise mitigation,lighting restrictions and roads/access restrictions as
appropriate for surrounding development and in accordance with development standards
referenced in MSB 17.28.060,site development standards;
(3)road maintenance may be required of the permittee;and
(4)length of time of operation and location of batch plants.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.055 REQUIRED COMPLIANCE WITH STATE AND FEDERAL LAWS.
(A)All applicants for permits for earth materials extraction are required to demonstrate compliance with
state and federal law.Prior to final approval of the permit,the applicant or agent shall provide written
documentation of compliance with the following:
(1)mining license as required by the Alaska State Department of Revenue,pursuant to A.S.
43.65;
(2)mining permit as required by the Alaska State Department of Natural Resources (ADNR)if
extraction activities are to take place on state land;
(3)reclamation plan as required by ADNR,pursuant to A.S.27.19;
(4)_notice of intent for construction general permit or multi-sector general permit and storm
water pollution prevention plan,and other associated permits or plans required by the
Environmental Protection Agency (EPA)pursuant to the National Pollutant Discharge Elimination
System (NPDES)requirements;and
(5)United States Army Corps of Engineers permit pursuant to Section 404 of the Clean Water
Act,33 U.S.C.1344,if material extraction activity is to take place within wetlands,lakes and
streams.
(B)In addition to the requirements in subsection (A)of this section,all activity shall be conducted in
compliance with state or federal regulations governing the items listed below.Written documentation of
compliance with these regulations is not required.Complaints received by the borough of violations of
requirements within this section will be forwarded to the appropriate agency for enforcement.
(1)Air quality.
(a)EPA air quality control permit is required for asphalt plants and crushers.
(b)ADNR burn permit is required for brush or stump burning.Combustibles shall be
stockpiled separate from noncombustibles,and burn permit requirements shall be followed.
(c)ADEC dust control and air quality regulations pertaining to burning activities shalt be
followed.
(2)Water quality.
(a)EPA or ADEC regulations controlling spills,spill reporting,storage and disposal of oil,
anti-freeze and hydrocarbons.
(3)Use and storage of hazardous materials,waste and explosives.
(a)EPAregulations controlling use of hazardous materials shall be followed.
(b)Federal Bureau of Alcohol,Tobacco,Firearms and Explosives (FBATFE)regulations
shall be followed when storing or using explosives.
(C)Failure to comply with any of the requirements in subsections (A)and (B)of this section is a
violation of the permit,and is subject to enforcement pursuant to MSB 17.30.140.
(IM 07-289,page 2 (part),presented 11-13-07;Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.060 GENERAL STANDARDS FOR APPROVAL.
(A)In granting an administrative permit or a conditional use permit,the director or commission must
make the following findings:
(1)that the use is not inconsistent with the applicable comprehensive plan;
(2)that the use will preserve the value,spirit,character,and integrity of the surrounding area;
(3)that the applicant has met all other requirements of this chapter pertaining to the use in
question;
(4)that granting the permit will not be harmful to the public health,safety and general welfare;
and
(5)that the sufficient setbacks,lot area,buffers or other safeguards are being provided to meet
the conditions listed in MSB 17.30.050(B).
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.110 AMENDMENT OF CONDITIONAL USE PERMIT.
(A)Aconditional use permit may be amended by application to the department and approval by the
planning commission.The applicant shall provide the department an update of all information required in
the original permit,shall describe the proposed changes in detail,and shall provide copies of any
additional state and federa!permits which the amendments may require.The notice and hearing
provisions of this chapter shall apply to an amendment to the permit.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.120 TRANSFER OF A CONDITIONAL USE PERMIT.
(A)A permit may be transferred subject to the conditions of MSB 17.60.180.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.130 TERMINATION OF PERMIT.
(A)Apermit shall terminate under this chapter subject to the conditions in MSB 17.60.190.
(Ord.05-124(SUB)(AM),§2 (part),2005)
17.30.140 VIOLATIONS,ENFORCEMENT,AND PENALTIES.
(A)Unless otherwise specified,any violation of this chapter is an infraction.
(B)It is a violation to conduct commercial earth material extraction activities without a permit issued
under this chapter unless designated as an interim materials district or as a pre-existing legal
nonconforming use in accordance with MSB 17.28 or MSB 17.30.025.
(C) Itis a violation to operate with a permit issued under this chapter but in violation of any criteria or
condition which was necessary for the issuance of the permit.
(D)Enforcement of the provisions of this chapter and associated penalties shall be consistent with the
terms and conditions of MSB 1.45.
(Ord.11-153,§17,2011;Ord.05-124(SUB\AM),§2 (part),2005)
17.30.150 APPEAL PROCEDURES.
(A)The provisions of MSB 15.39 govern appeals from a decision of the planning commission granting,
denying,modifying,or revoking a conditional use permit under this chapter.The provisions of MSB 15.39
govern an appeal of a planning department enforcement action or decision.
(Ord.05-124(SUB)(AM),§2 (part),2005)