ITEM TITLE:
Gravel Extraction/Flood Mitigation Task Force Update
SUBMITTED BY: AnnMarie Lain, Senior GIS/Planning Technician, CFM
FISCAL NOTES:
Expenditure Required: NA
Unencumbered Balance: NA
Funding Source: NA
RECOMMENDATION:
Report Only
SUMMARY STATEMENT:
Mayor Ruthie Knight has organized a gravel extraction/flood task force. The task force is made of the following members:
City of Valdez Staff: AnnMarie Lain (Community & Economic Development Department, CFM), Jason Miles (Capital Facilities Director, PE, CFM), Scott Benda (Capital Facilities Project Manager), Rob Comstock (Public Works Director), and Cindy Rymer (Public Works Operations Manager), and Brad Melocik (DOWL)
City Council: Mayor Ruthie Knight, Council Member Lea Cockerham, and Council Member Nate Smith
Community Members: Rick Wade, Allen Crume, Jim Burzinski, Brandon Reese, Robert Dunning (DOT), Donna Schantz, and Dwain Dunning
The Mayor has held task force meetings on August 11th, October 3rd, and October 10th. Accomplishments to date are summarized by category below:
U.S Army Corp of Engineers
The task force held a meeting with U.S. Army Corp of Engineers to discuss floodplain issues in Valdez. The U.S Army Corp of Engineers has submitted a recommendation to the City of Valdez to assist with a community-wide flood and erosion assessment study to incorporate the Lowe River, Valdez Glacier Stream, and Mineral Creek. This is a similar approach to what the Corps provided for the Bear Creek Flood Service Area in Seward. The task force is in the process of reviewing the assessment for the Seward area and will need to determine if this is something the City should move forward with. The cost of the assessment is estimated at $200,000.00, half of which will be the responsibility of the City.
Permits
The City held a meeting with the Alaska Department of Fish and Game representative to discuss permitting issues for gravel extraction in the Lowe River, Valdez Glacier Stream, and Mineral Creek. Mayor Ruthie Knight and Brad Melocik from DOWL were present at the meeting. The task force has reviewed permitting requirements of a gravel operation to enhance flood-control measures in each riverine flood area. The City is utilizing DOWL to coordinate all agency permitting requirements for flood protection activities, this includes U.S. Army Corp of Engineer permits, DNR land use permits, DNR material sales contracts, and Alaska Department of Fish and Game when necessary. DOWL is pursuing the material sales or disposal of materials with DNR pursuant to the following Alaska State Statues:
AS 38.05.565 Sale or disposal of material for special purposes. (a) The department may negotiate the sale or otherwise dispose of materials from sources or sites other than those designated under AS 38.05.550(b) to 1) municipalities, other state and federal agencies, or other entities under AS 38.05.872; sales under this paragraph may be at less than fair market values, and material may be disposed of free of charge if the director determines that the disposal is in the public interest;
AS 38.050.872 Disposition of Stale Land and resources for flood control projects. (b) The commissioner may convey materials at less than fair market value to municipalities, for land and materials as mitigation of a flooding area where excess material deposition significantly contributes to the flooding, consistent with site=specific flood mitigation plan approved by the commissioner and determined to be in the best interests of the public.
Natural Resource Conservation Service
On August 25th, the City sent a letter formally requesting assistance to the NRCS to help restore the undermined and unstable stream-banks of the Valdez Glacier Stream along Copper Ave. On September 6th, NRCS sent a surveying and engineering crew to Valdez to complete a Damage Survey Report and Design Survey. At the end of September, NRCS submitted a draft Emergency Watershed Project (EWP) plan for the construction of a 1,975ft long training dike and riprap revetment along Copper Ave. The NRCS will fund up to 75% of the construction cost of the emergency repairs. The remaining 25% must come from a local government agency. There is no obligation for the City to commit to the project until a final project proposal and cost-estimate are provided. The NRCS has submitted this project to Washington D.C., and is currently waiting for funding approval. The task force has reviewed the plan, now at 95% completion, and has made the recommendation to move forward with the plans should the project get funded. NRCS has submitted a draft budget, but has asked that the budget remain confidential to avoid artificially impacting bids. If the project gets funded, NRCS intends for the City to bid and award the project. Therefore, it is a possible that this will be brought forward to Council for a decision at the first meeting in November.
There are a few issues with the NRCS design that are currently being addressed. In regard to the chosen location of the project, NRCS chose the project location as the least cost alternative that protects the radio tower, power poles, and Copper Avenue. The EWP program does not allow additional project expenses in order to protect raw/undeveloped land, and the two homes that are upstream of the proposed start of the project do not qualify as an imminent threat by erosion according to the NRCS. To address this issue, the City has contracted DOWL for the survey, dike design, and permitting for a connection dike from south of the Valdez Glacier Stream bridge to the NRCS project.
As a portion of Copper Ave has migrated onto private property, staff is working with legal council to determine the best way to gain legal access to secure any land rights issues. As far as utilities, the current project alignment should not affect any of the power poles except for the corner pole furthest from the Richardson highway. As relocation of any utilities is not considered a land rights cost and will not be cost shared by NRCS, staff is working to get the utility companies to review the plans to ensure that exact minimum height restrictions for power lines are met and discuss whether or not they will need to move or raise their power-line.
DOWL
The task force group has reviewed the Lowe River Geomorphic Atlas and Sediment Budget Report prepared by Northwest Hydraulic Consultants and DOWL. The City has contracted DOWL for the survey, dike design, and permitting for a connection dike from South of the Valdez Glacier Stream bridge to the NRCS project. DOWL is currently working on an amendment to the Department of the Army Permit POA-2013-164 for the excavation and placement of material below the ordinary high water mark of Valdez Glacier Stream to include the floodplain south of the bridge. The City of Valdez has a land use permit with DNR for south of bridge (LAS 30522), but still needs to obtain a material sales contract with DNR as well as the amendment to the U.S. Army Corps Permit.
As the time of this report the Public Works Department anticipates being able to begin pushing gravel in the Valdez Glacier Stream north of the bridge starting Friday October 14th. The Public Works Director will be able to provide an update at the Council meeting on the 19th. Staff will continue to provide updates to the Council as more information becomes available.
Attachments: þ U.S. Army Corps of Engineers Letter þ Draft NRCS Project Design þDOWL Glacier Stream Dike Assistance Proposal