Real Estate in Valdez Alaska

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					Valdez Coastal Management Plan

                   2006 Plan Amendment




   Photo, 1955 – Courtesy of Valdez Museum & Archives

                                       Prepared by:
                       Valdez Coastal District
                 Valdez Planning Commission
               Bechtol Planning and Development
                        Acknowledgements
                           Valdez Planning Commission

                             Gay Dunham, Chairperson
                                 Alan Helmueller
                                  Donald Haase
                                   Jeff Glenny
                                 Lester Greene
                                  Alan Godfrey
                                 Dwight Morrison

                                     City Staff

                             John Hozey, City Manager
                         Lisa Von Bargon, Planning Director
                          Carol Smith, Coastal Coordinator

                                    Consultant

             Eileen R. Bechtol, AICP, Bechtol Planning and Development
                          Larry Clamp, ASCG, Inc. - Maps




This publication was funded by the Alaska Coastal Management, Department of Natural
Resources, pursuant to National Oceanic and Atmospheric Administration Award No.
NA04NOS4190030. The views expressed herein are those of the author(s) and do not
necessarily reflect the views of NOAA.




VCMP 2006 Amendment                         -iii -                         03/01/06
                                         Table of Contents
Acknowledgements ................................................................................. iii

List of Tables.......................................................................................... viii

Acronyms ................................................................................................. ix

Chapter 1. Introduction ........................................................................... 1

  Organization and Management of Plan Preparation .................................................... 1
  Organization of Document ........................................................................................... 2
  Planning Commission Review of Document ................................................................ 2
Chapter 2. Boundary................................................................................ 4

Chapter 3. Goals, Objectives, Policies and Designated Areas ............. 5

  Introduction .................................................................................................................. 5
  1. Coastal Development ........................................................................................... 8
     Goals and Objectives ............................................................................................... 8
     Designated Areas..................................................................................................... 9
     Enforceable Policies................................................................................................. 9
     CD 1.          Prioritization of Waterfront Land Use ........................................................ 9
     CD-2.          Fill Below Mean High Water.................................................................... 10
     CD-3.          Preservation of Navigational Access Below Mean High Water ............... 10
     CD-4.          Tidelands Viewsheds .............................................................................. 11
     CD-5.          Floating Facilities .................................................................................... 11
  2. Natural Hazard Areas ......................................................................................... 12
     Issues of Local Concern ......................................................................................... 13
     Designated Areas................................................................................................... 13
  3. Recreation and Coastal Access.......................................................................... 15
     Goals and Objectives ............................................................................................. 15
     Designated Areas................................................................................................... 15
     Enforceable Policies............................................................................................... 16
     RT-1. Management of Designated Recreational Use Areas ................................. 16
     RT-2. Management of Designated Recreational Beaches ................................... 16
     RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of Interest
     ............................................................................................................................... 16
     RT-4. Conflict Mitigation ....................................................................................... 17
     CA-1. Maintenance of Public Access to Coastal Water ........................................ 17
     CA-2. Increased Public Access ............................................................................ 17


VCMP 2006 Amendment                                                  -iv -                                                03/01/06
   CA-3. Enhanced Public Access............................................................................ 17
 4. Transportation, Energy Facilities and Utility Routes and Facilities ..................... 18
   Goals and Objectives ............................................................................................. 18
   Designated Areas................................................................................................... 21
   Enforceable Policies............................................................................................... 22
   EF-1.   Pipeline and Utility Corridors. ................................................................... 22
   EF-2.   Underground Construction ....................................................................... 22
   EF3.    Underwater Construction ......................................................................... 22
   EF 4.   Overhead Utility Lines .............................................................................. 23
   EF 5.   Pipeline Construction ............................................................................... 23
 5. Sand and Gravel Extraction ................................................................................ 24
   Goals and Objectives ............................................................................................. 24
   Designated Areas................................................................................................... 24
   Enforceable Policy ................................................................................................. 25
   SG-1. Siting of Material Sources ........................................................................... 25
 6. Historic, Prehistoric, and Archaeological Resources .......................................... 26
   Goals and Objectives ............................................................................................. 26
   Designated Areas................................................................................................... 26
   Enforceable Policies............................................................................................... 27
   HIST-1.    Protection of Sites ................................................................................ 27
   HIST-2.    Valdez Historical Cemeteries ............................................................... 27
 8. Habitats .............................................................................................................. 28
   Goals and Objectives ............................................................................................. 28
   Designated Areas................................................................................................... 31
Chapter 4.          Resource Inventory and Analysis .................................... 33

 Incorporation of 1986 Resource Inventory/Analysis................................................... 33
 General Location and Information.............................................................................. 33
 1. Coastal Development and Habitats .................................................................... 35
 2. Natural Hazard Areas ......................................................................................... 45
   Avalanche Designated Area ................................................................................... 45
   Flood Designated Areas ......................................................................................... 46
 3. Designated Areas ............................................................................................... 61
   3.1    Shoup Bay and Trail System ....................................................................... 61
   3.2    Mineral Creek Flats and Canyon ................................................................. 63
   3.3    Valdez Glacier, Lake and Stream ................................................................ 68
   3.4    Robe Lake ................................................................................................... 71
   3.5    Keystone Canyon and Trail System ............................................................ 73
   3.6    Solomon Gulch ............................................................................................ 76
   3.6    Jack Bay ...................................................................................................... 77
   3.7    Old Town ..................................................................................................... 78
   3.8    Trans-Alaska Pipeline ................................................................................. 81
   3.9    Valdez Duck Flats ....................................................................................... 83
   3.10 Lowe River Delta ......................................................................................... 89




VCMP 2006 Amendment                                             -v -                                              03/01/06
Chapter 5. Implementation .................................................................... 92

  1.    Introduction ......................................................................................................... 92
  2.    VCMP Participants’ Duties and Responsibilities ................................................. 93
  3.    General Consistency Review Information ........................................................... 95
  4.    City Participation in State Coordinated Consistency Review .............................. 97
  5.    District Coordination of Local Consistency Review........................................... 100
  6.    Elevation Process/Appeals ............................................................................... 101
  7.    Planning for Major Projects............................................................................... 102
  8.    Amendments and Revisions ............................................................................. 105
  9.    Monitoring and Enforcement............................................................................. 106
Chapter 6. Public Education and Outreach ........................................ 108

Bibliography .......................................................................................... 109

Appendix A. Enforceable Policies and Designated Areas ................ 110

  Coastal Development Policies ................................................................................. 110
    CD 1. Prioritization of Waterfront Land Use ..................................................... 110
    CD-2.          Fill Below Mean High Water.................................................................. 110
    CD-3.          Preservation of Navigational Access Below Mean High Water ............. 111
    CD-4.          Tidelands Viewsheds ............................................................................ 111
    CD-5.          Floating Facilities .................................................................................. 111
  Recreation and Coastal Access ............................................................................... 111
    RT-1. Management of Designated Recreational Use Areas ............................... 111
    RT-2. Management of Designated Recreational Beaches ................................. 112
    RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of Interest
    ............................................................................................................................. 112
    RT-4. Conflict Mitigation ..................................................................................... 112
    CA-1. Maintenance of Public Access to Coastal Water ...................................... 112
    CA-2. Increased Public Access .......................................................................... 112
    CA-3. Enhanced Public Access.......................................................................... 112
    SG-1. Siting of Material Sources ......................................................................... 113
    HIST-1.          Protection of Sites .............................................................................. 113
    HIST-2.          Valdez Historical Cemeteries ............................................................. 113
  Energy Facilities Enforceable Policies ..................................................................... 113
    EF-1.         Pipeline and Utility Corridors.................................................................. 113
    EF-2.         Underground Construction ..................................................................... 114
    EF3.          Underwater Construction ....................................................................... 114
    EF 4.         Overhead Utility Lines ............................................................................ 114
    EF 5.         Pipeline Construction ............................................................................. 114
  Recreational Designated Areas ............................................................................... 114
    1. Shoup Bay and Trail System......................................................................... 114



VCMP 2006 Amendment                                                 -vi -                                               03/01/06
    2. Mineral Creek Flats and Canyon................................................................... 114
    3. Valdez Glacier Lake and Stream .................................................................. 114
    4. Robe Lake..................................................................................................... 114
    5. Keystone Canyon .......................................................................................... 114
    6. Solomon Gulch ............................................................................................. 114
    7. Jack Bay ....................................................................................................... 114
  Natural Hazard Designated Areas ........................................................................... 114
    1. Valdez Avalanche Zones – Designated Hazard Area ................................... 114
    2. FEMA Zones – Designated Hazard Area ...................................................... 114
    3. Old Town....................................................................................................... 114
    4. Mineral Creek Flats and Canyon................................................................... 114
    5. Valdez Glacier Lake and Stream .................................................................. 114
  Energy Facilities Designated Areas ......................................................................... 114
    1. Trans-Alaska Pipeline Corridor ..................................................................... 115
    2. Solomon Gulch ............................................................................................. 115
  Historic Designated Areas ....................................................................................... 115
    1. Keystone Canyon .......................................................................................... 115
    2. Old Town....................................................................................................... 115
    3. Mineral Creek Flats and Canyon................................................................... 115
  Important Habitat Designated Areas ........................................................................ 115
    1. Lowe River Area ........................................................................................... 115
    2. Shoup Bay and Trail System......................................................................... 115
    3. Robe Lake..................................................................................................... 115
    4. Jack Bay ....................................................................................................... 115
    5. Mineral Creek Flats and Canyon................................................................... 115
Appendix B. Justification for Enforceable Policies ........................... 116

     Justification for all Coastal Development Enforceable Policies ............................ 116
     CD 1.          Prioritization of Waterfront Land Use .................................................... 120
     CD-2.          Fill Below Mean High Water.................................................................. 123
     CD-3.          Preservation of Navigational Access Below Mean High Water ............. 125
     CD-4.          Tidelands Viewsheds ............................................................................ 127
     CD-5.          Floating Facilities .................................................................................. 129
     Justification for all Recreation and Coastal Access Policies ................................ 130
     RT-1. Management of Designated Recreational Use Areas ............................... 133
     RT-2. Management of Designated Recreational Beaches ................................. 135
     RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of Interest
     ............................................................................................................................. 136
     RT-4. Conflict Mitigation ..................................................................................... 138
     CA-1. Maintenance of Public Access to Coastal Water ...................................... 140
     CA-2. Increased Public Access .......................................................................... 141
     CA-3. Enhanced Public Access.......................................................................... 143
     SG-1. Siting of Material Sources ......................................................................... 145
     HIST-1.          Protection of Sites .............................................................................. 150
     HIST-2.          Valdez Historical Cemeteries ............................................................. 158



VCMP 2006 Amendment                                                  -vii -                                              03/01/06
Appendix C. Administrative Policies .................................................. 160

  Coastal Development .............................................................................................. 160
    A. Cooperative Uses of Facilities...................................................................... 160
    B. Coordination................................................................................................. 160
    C.       Optimum Location .................................................................................... 160
    D.       Dredges and Excavation Material ............................................................. 160
  Natural Hazards ....................................................................................................... 160
    A.      Coordination .............................................................................................. 160
    B.      Glacier Stream Flood Plain Plan ............................................................... 160
  Recreation and Coastal Access ............................................................................... 161
    A.      Development of Recreation and Tourism .................................................. 161
    B.      Public Recreation ...................................................................................... 161
    C.      Recreation Facilities .................................................................................. 161
  Sand and Gravel Extraction ..................................................................................... 161
    A.      Material Sources ....................................................................................... 161
  Historic, Prehistoric, and Archaeological Resources ............................................... 161
    A.      Resource Identification .............................................................................. 161
  Commercial Fishing and Seafood Processing ......................................................... 161
    A.      Fisheries Enhancement ............................................................................. 161
    B. Priority Areas for Seafood Processing Facilities .......................................... 161
Appendix D. Public Hearing Draft Distribution List ........................... 162

  State Agencies ........................................................................................................ 162
  Federal Agencies ..................................................................................................... 162
Appendix E. Summary of Agency Comments ................................... 164


List of Tables
Table 1. Bird Species of the Valdez Duck Flats ........................................................... 87
Table 2. Key Resource Values in the Valdez Duck Flats ............................................. 88


List of Maps
Map    1.         Location Map
Map    2.         Valdez Coastal Zone Boundary
Map    3.         Coastal Habitats
Map    4.         Valdez Avalanche Zones – Designated Hazard Area
Map    5.         FEMA Zones – Designated Hazard Area
Map    6.         Shoup Bay and Trail System – Designated Recreation and Important
                  Habitat Area
Map 7.            Mineral Creek Flats and Canyon – Designated Recreational Area,
                  Important Habitat, Historical Area and Natural Hazard Area




VCMP 2006 Amendment                                             -viii -                                          03/01/06
Map 8.     Valdez Glacier Lake and Stream – Designated Recreational Area and
           Natural Hazard Area
Map 9.     Robe Lake – Designated Recreational Area and Important Wetlands
           Habitat Area
Map 10.    Keystone Canyon – Designated Recreational Area and Historical Area
Map 11.    Solomon Gulch – Designated Recreational Area and Energy Facilities
           Area
Map 12.    Jack Bay – Designated Recreational Area and Important Habitat Area
Map 13.    Old Town – Designated Historical Area and Natural Hazard Area
Map 14.    Trans-Alaska Pipeline – Designated Energy Facility Area
Map 15.    Valdez Duck Flats – Designated Recreational Area and Important Habitat
           Area
Map 16.    Lowe River Area – Designated Important Habitat Area


Acronyms
ACMP       Alaska Coastal Management Program
AEIS       Alaska Economic Information System
ANCSA      Alaska Native Claims Settlement Act
BFE        Base Flood Elevation (100 year flood)
CFR        Code of Federal Regulations
CMP        Coastal Management Plan
CRSA       Coastal Resource Service Area
DCCED      (Alaska) Department of Commerce, Community and Economic
           Development
DEC        (Alaska) Department of Environmental Conservation
DGGS       (Alaska) Division of Geological and Geophysical Surveys
DHS&EM     Alaska Division of Homeland Security and Emergency Management
DNR        (Alaska) Department of Natural Resources
FEMA       Federal Emergency Management Agency
HMP        Hazard Mitigation Plan
HMPG       Hazard Mitigation Planning Grant
NFIP       National Flood Insurance Program
NOAA       National Oceanographic and Atmospheric Administration
OHMP       Office Habitat Management and Permitting
OPMP       Office of Project Management and Permitting
RAPIDS     Rural Alaska Identification and Delivery System
STIP       Statewide Transportation Improvement Program
USCOE      United States Army Corps of Engineers
USF&WS     U.S. Fish and Wildlife Service
VCMP       Valdez Coastal Management Plan




VCMP 2006 Amendment                       -ix -                           03/01/06
Chapter 1. Introduction
The Valdez Coastal Management Plan (VCMP) was written in 1986, with the effective
date of the enforceable policies on February 4, 1987.

In May 2003, the Alaska State Legislature passed House Bill 191, which states in part
that all district plans must be revised to meet the following criteria:

To Comply with Alaska Statute (AS) 46.40, as amended by HB 191 (May 2003)

The district plan and enforceable policies
    Must meet the statewide standards and district plan criteria adopted under AS
      46.40.040 (the new regulations)
    May not duplicate, restate, or incorporate by reference statutes and
      administrative regulations adopted by state or federal agencies (AS 46.40.030
      (b))
    Must be clear and concise as to the activities and persons affected by the
      policies, and the requirements of the policies; (AS 46.40.070 (a) (2)(A))
    Must use precise, prescriptive, and enforceable language (AS 46.40.070 (a)
      (2)(B))
    May not address a matter regulated or authorized by state or federal law unless
      the enforceable policies relate specifically to a matter of local concern (AS
      46.40.070 (a) (2)(C))
    Must be changed to reflect the changes to consistency review for activities
      subject to Department of Environmental Conservation permits, certifications,
      approvals and authorizations (AS 46.40.040 (b) and AS 46.40.096)
    Should be changed because the determination of the scope of a consistency
      review is affected by whether an activity is the subject of a district enforceable
      policy (AS 46.40.096(k))

The VCMP sunsets if it is not revised and approved by DNR by July 1, 2006 (HB
191, Transition, Sections 46 and 47)

Districts have 1 year after adoption of new regulations or until March 1, 2006 to submit a
revised plan to DNR, whichever is later.

Existing district plan enforceable policies remain in effect until March 1, 2007, unless
new ones are approved by DNR.

Organization and Management of Plan Preparation
The Valdez Planning Commission is the lead body in updating the VCMP, who are
appointed by the Valdez City Council. Valdez City staff involved includes the Planning


VCMP 2006 Amendment                             -1 -                               01/25/06
Director and Coastal District Coordinator. The City hired a planning consultant to lead
the plan amendment effort.

Organization of Document
Chapter 1.     Introduction
                                                           Valdez Planning Commission
Chapter 2.     Boundary
                                                             Gay Dunham, Chairperson
                                                                  Alan Helmueller
Chapter 3.     Goals and Objectives, Enforceable
                                                                   Donald Haase
               Policies and Designated Areas
                                                                    Jeff Glenny
                                                                    Lester Greene
Chapter 4.     Resource Inventory and Analysis
                                                                   Alan Godfrey
                                                                  Dwight Morrison
Chapter 5.     Implementation
                                                                      City Staff
Chapter 6.     Public Education and Outreach
                                                              John Hozey, City Manager
               Participation
                                                          Lisa Von Bargon, Planning Director
                                                           Carol Smith, Coastal Coordinator
Bibliography
                                                                     Consultant
Appendix A. Enforceable Policies
                                                               Eileen R. Bechtol, BP&D
                                                              Larry Clamp, GIS Mapping
Appendix B. Justification for Enforceable Policies

Appendix C. Administrative Policies

Appendix D. Public Review Draft Distribution List

Appendix E. Summary of Agency Comments

Planning Commission Review of Document
Valdez Planning Commission work sessions on the plan amendment:

     February 23, 2005
     May 11, 2005
     November 9, 2005

The PHD (Public Hearing Draft) of the Valdez 2006 CMP Amendment was distributed
for public review:

     April 4, 2005 through April 25, 2005.

The Planning Commission held a Public Hearing on Final Draft on January 25, 2006.



VCMP 2006 Amendment                            -2 -                             03/01/06
The Valdez Planning Commission approved the Final Draft of the Valdez 2006 VCMP
Plan Amendment at the January 25, 2006 meeting.

The Valdez City Council approved a Resolution supporting the Final Draft of the Valdez
2006 VCMP Plan Amendment at the February 21, 2006 meeting.


              Public Review of Draft Valdez
               Coastal Management Plan


                           Notice of Amendment to
                       Valdez Coastal Management Plan
The Valdez Coastal District invites public comment on the Public Review Draft of the
Valdez Coastal Management Plan (VCMP). As required and provided in the provisions
of House Bill 191 (Chapter 24, SLA 2003), the Valdez Coastal District has developed a
Public Review Draft of the VCMP in accordance with the revised Alaska Coastal
Management (ACMP) statutes at AS 46.39 and AS 46.40 and new ACMP regulations at
11 AAC 110, 11 AAC 112, and 11 AAC 114.

Public comments on the VCMP are invited. The Public Review Draft of the VCMP is
available at Valdez City Planning Office and at the following website:
www.alaskacoast.state.ak.us. The plan may be requested from Carol Smith, Valdez
Coastal Coordinator, (907) 835-4313.

Written comments on the Public Review Draft may be sent to: Carol Smith, Valdez
Coastal Coordinator, P.O. Box 307, Valdez, AK 99686; or via email to
csmith@ci.valdez.ak.us. Comments must be received no later than Monday, April 25,
2005, at 5:00 pm. If you have any questions about this notice, contact Carol Smith at
(907) 835-4313.

Pubic Review Dates: 4/4/05 to 4/25/05




VCMP 2006 Amendment                          -3 -                             03/01/06
Chapter 2. Boundary
The boundaries of the Valdez Coastal District include all areas within the municipal
boundaries up to 1500 feet in elevation and those marine waters within the municipal
boundary. Map 2 depicts the Valdez Coastal District Boundary. Federal lands are
excluded from the Valdez Coastal District.

The coastal boundary for the Valdez Coastal District was established when the 1986
VCMP was approved. The 2006 Planning Commission decided to not change the
boundary of the coastal district. The rationale behind the boundary is contained in the
1986 plan and reproduced below.




VCMP 2006 Amendment                           -4 -                               03/01/06
Chapter 3. Goals, Objectives, Policies and
Designated Areas
Introduction
This chapter contains the following components of the Valdez Coastal Management
Plan:

      Goals and Objectives
      State Standards
      Definitions
      Designated Areas
      Enforceable Policies


Goals are general in nature and provide direction for utilitization of resources and
actions by the federal, state, and local government. Objectives are actions, which can
be taken to achieve a goal.

State standards are shown in text boxes and are the regulations found in 112.200
through 112.240 and 112.260 through 112.280.

Definitions are shown in text boxes and are found at 11 AAC 112.990 and 11 AAC
114.990.

Designated areas have been delineated for projects related to natural hazards, energy
facilities, subsistence, historic resources, recreation, and habitat. Whether enforceable
policies are written or not, if an area is designated the Valdez Coastal District will be
entitled to appropriate due deference during a consistency review when activities are
proposed within these designated areas.

Due deference is defined at 11 AAC 110.990(a)(25) as ― …that deference that is
appropriate in the context of (A) the commenter’s expertise or area of responsibility; and
(B) all the evidence available to support any factual assertions of the commenter.‖

Enforceable policies are the rules of a coastal management program. All uses and
activities (i.e. permits and approvals) subject to a consistency determined must comply
with the coastal management policies in order to be determined consistent with the
coastal management program. Policies should reflect both program
issues/goals/objectives addressed in the chapter and values and characteristics
address in the resource inventory and analysis.




VCMP 2006 Amendment                            -5 -                               03/01/06
There are no policies for timber management or air, land and water quality because the
state standards and laws with respect to the harvest and processing of timber, and air,
land and water quality constitute the components of the program with respect to those
purposes and are exclusively administered by the State. Districts are precluded from
developing enforceable policies for timber harvest and processing and for air, land and
water quality.

There are no enforceable policies for subsistence because this is not a local issue in the
Valdez Coastal District.


                          Summary of Policy Requirements

The policy must generally relate to one of the following uses or activities (AS
46.40.030 and 11 AAC 114.250 (a))
   112.200 Coastal development
   112.210 Natural hazard Areas
   112.220 Coastal access
   112.230 Energy facilities
   112.240 Utility routes and facilities
   112.260 Sand and gravel extraction
   112.270 Subsistence
   112.280 Transportation routes & facilities

   114.250 (b) designation of natural hazard areas
   114.250 (c) designation of recreational use areas
   14.250 (d) designation of tourism use areas
   114.250 (e) designation of major energy facility sites
   114.250 (f) designation of areas suitable for commercial fishing & seafood
   processing facilities
   114.250 (g) designation of subsistence use areas
   114.250 (h) designation of important habitat areas
   114.250 (i) designation of areas important to the study, understanding, or
   illustration of national, state or local history or prehistory.

1. A district enforceable policy may not address any matter regulated by DEC (AS
   46.03, AS 46.06, AS 46.09, AS 46.17 and the regulations there under).




 VCMP 2006 Amendment                           -6 -                               03/01/06
2. The policy may not adopt, duplicate, repeat, restate, paraphrase or incorporate
   by reference a state standard or other state or federal law. (AS 46.40.030 (b),
   11 AAC 114.270(c))

3. A policy may not address a subject matter regulated or authorized by state or
   federal law unless it can be demonstrated that the policy relates to a ―matter of
   local concern‖. (AS 46.40.070 (a)(2)(C), 11 AAC 114.270(e)(3))

4. A ―matter of local concern‖ must be documented in the plan and must:
   (AS 46.40.070 (a)(2)(C), 11 AAC 114.270(h))

      a. relate to a specific coastal use or resource within a defined portion of the
         district’s coastal zone, typically identified in the resource inventory.
      b. relate to an area defined narratively or mapped.
      c. relate to a coastal use or resource that is sensitive to development.
      d. address a coastal use or resource that is not adequately addressed by
         state or federal law.
      e. relate to a coastal use or resource that is of unique concern to the district
         through documentation of local usage or scientific evidence.

5. The policy must be clear and concise as to the activities and persons affected
   and its requirements, and use precise, prescriptive and enforceable language.
   (AS 46.40.070 (a)(2)(A) and (B), 11 AAC 114.270(e))

         It must be clear in either the policy or implementation chapter how to
          implement, who implements, who enforces, and who has expertise in
          determining compliance with the policy.
         The policy must use objective language.

6. The policy must be supported by the resource inventory and analysis.
      (11 AAC 114.230 and .240)


                                                       (Source: OPMP, 12/03/04)




VCMP 2006 Amendment                          -7 -                                 03/01/06
1.     Coastal Development
The State coastal development standard applies only to development in or adjacent to
coastal waters. District enforceable policies may be district wide or area specific.

The standard does two things. First, it sets forth a requirement that the districts prioritize
the uses and activities in the coastal area based upon whether the uses are water-
dependent, water-related, or neither but without an
inland alternative. It is a requirement that the more            State Standard
water-dependent the use or activity, the higher 11 AAC 112.200. Coastal
priority it shall receive. Second, the statewide development. (a) In planning for and
standard provides a basis for district enforceable approving development in or
                                                         adjacent to coastal waters, and state
policies that address the placement of structures agencies shall manage coastal land
and the discharges of dredged or fill material into and water uses in such a manner that
coastal waters. But authority under this standard is those uses that are economically or
limited to structures or discharge being placed in physically dependent on a coastal
coastal waters not on land.                              location are given higher priority
                                                         when compared to uses that do not
       Goals and Objectives                              economically or physically require a
                                                         coastal location.
Goal:         Achieve a balance of land and water        (b) districts and state agencies shall
uses, which provide for water-dependent and              give, in the following order, priority
                                                         to (1) water-dependent uses and
water-related transportation and development,
                                                         activities; (2) water-related uses and
while protecting important habitat areas,                activities; and (3) uses and activities
environmental quality and public use of coastal          that are neither water-dependent nor
areas.                                                   water-related for which there is no
                                                         practicable inland alternative to meet
Objectives in the VCMP will be achieved through a        the public need for the use or
combination of the VCMP enforceable policies,            activity. (c) The placement of
Administrative Actions, Valdez Zoning Code,              structures and the discharge of
Subdivision Code, Comprehensive Plan and                 dredged or fill material into coastal
through VCMP Administrative Policies that are            water must, at a minimum, comply
included in an appendix of this document.                with the standards contained in 33
                                                         C.F.R. Parts 320 - 323, revised as of
                                                         July 1, 2003. (Eff. 7/1/2004, Register
       Objective 1. Maximize use of waterfront           170)
       land, zoned for commercial, industrial and
       recreational purposes, dependent on water-
       based transportation.

       Objective 2. Identify future land requirements for port/harbor and reserve
       appropriate land, including the renovation of the Valdez City Dock.

       Objective 3. Plan for the expansion and construction the small boat harbor, a
       recreational boat harbor and construction of a commercial boat harbor.




VCMP 2006 Amendment                              -8 -                                    03/01/06
      Objective 4. Encourage the expansion of existing fish processing operations and
      actively seek new processors to locate in Valdez.

               Definitions            Objective 5. Determine future land and water use
      112.990 Definitions (a)         needs.
      (2) “adjacent” means near
      but not necessarily touching.   Objective 6. Encourage that waterfront land be used
      (6) “coastal water” means       for businesses and activities that require direct access
      those waters, adjacent to the   to water.
      shorelines, that contain a
      measurable quantity or
      percentage of seawater,
                                      Objective 7. Encourage innovative development to
      including sounds, bays,         maximize use of available land.
      lagoons, ponds, estuaries,
      and tidally influenced          Designated Areas
      waters.
      (31) "water-dependent"          There are no designated areas for coastal
      means a use or activity that    development policies. Policies that flow from 11 AAC
      can be carried out only on,     112.200 (a) or (b) are applied to projects in or
      in, or adjacent to a water      adjacent to coastal waters. Those that flow from 11
      body because the use            AAC 112.200 (c) are applied only to projects in
      requires access to the water
                                      coastal waters.
      body.
      (32) “water-related" means a
      use or activity that is not     The policies for coastal development in the Valdez
      directly dependent upon         Coastal District are for the entire coastal district.
      access to a water body, but
      which provides goods or         Enforceable Policies
      services that are directly
      associated with water-          CD 1.         Prioritization of Waterfront Land Use
      dependence and which, if
      not located adjacent to a       In accordance with the prioritization requirement set
      water body, would result in a   forth in 11 AAC 112.200(b), Waterfront property will
      public loss of quality in the
                                      be developed in the following order of prioritization.
      goods or services offered.
A.     Water Dependent Uses and Activities. The following non-exhaustive list of land
and water uses and activities are considered ―water dependent‖. Such uses are
economically or physically dependent upon a coastal location, and as such are given a
higher priority than those land and water uses and activities that are not water-
dependent: fish hatcheries; mariculture activities; fish processing; log storage and
transfer; float plane bases, boat harbors, freight, fuel, or other docks; marine-based
tourism facilities; boat repair, haul outs, marine ways, and accessory attached housing;
remote recreational cabins dependent on water access; and facilities that serve as inter-
modal transportation links for the transfer of goods and services between the marine
transportation system and the road system.

B.    Water Related Uses. The following non-exhaustive list of uses and activities are
considered ―water related,‖ and thus given a lower priority of use than those previously



VCMP 2006 Amendment                               -9 -                                03/01/06
listed as ―water dependent‖: marine retail stores and commercial activities such as
hotels, restaurants, and other similar uses that provide views and access to the
waterfront.

C.      Nondependent Uses. Uses and activities, which are neither water dependent nor
water-related, but for there is no practicable inland alternative to meet the public need
for the use or activity, receive the lowest priority. Such uses and activities shall be
permitted when it is not practicable to develop a site with a water-dependant or water-
related use or activity due to shallow bathymetry or unusual lot characteristics such as
substandard size, frontage, or steep topography.

      CD-2.         Fill Below Mean High Water

Piling-supported or floating structures shall be used for construction below mean high
water unless clear and convincing evidence shows that all of the following conditions
exist.

A.    There is a documented public need for the proposed activity;

B.     There are no practicable inland alternatives that would meet the public need and
allow development away from the waterfront;

C.    Denial of the fill would prevent the applicant from making a reasonable use of the
property;

D.    The fill is placed in a manner that minimizes impacts on adjacent uses, public
access easements along the shoreline and water views;

E.    The fill is the minimum amount necessary to establish a reasonable use of the
property; and

F.     Development of the property would support a water dependent or related use.
The following publicly-owned facilities are exempt from this policy: Log and mining
transfer facilities, bridges, causeways, boat ramps, utility transmission facilities,
pipelines, treatment plant lines and outfalls, and transportation facilities.

      CD-3.         Preservation of Navigational Access Below Mean High Water

A person may not obstruct or interfere with the free passage or use by a person of any
navigable water unless the obstruction or interference is (1) authorized by a federal
agency and a state agency; (2) authorized under a federal or state law or permit; (3)
exempt under 33 USC 1344 9f) (Clean Water Act); caused by the normal operation of
freight barging that is otherwise consistent with law; or (5) authorized by the
commissioner after reasonable public notice.




VCMP 2006 Amendment                           -10 -                              03/01/06
       CD-4.         Tidelands Viewsheds

Placement of structures or dredged or fill material in tidelands below mean high water,
shall minimize to the maximum extent practicable obstruction of the water views as
currently enjoyed.

       CD-5.         Floating Facilities

Floating facilities in coastal waters within the Valdez Coastal District shall be sited and
operated to utilize anchoring methods that securely anchor the facility during high winds
and extreme tides prevalent in the area.




VCMP 2006 Amendment                            -11 -                               03/01/06
2.     Natural Hazard Areas
Goals and Objectives

Goal: To minimize the adverse impacts from Natural Hazards.

          Definitions                                     Objectives in the VCMP will be achieved
  112.990 Definitions (a)                                 through a combination of the VCMP
  (5) “coastal area” has the meaning given “coastal       enforceable policies, Administrative
  zone” in AS 46.40.210, except that “coastal area”       Actions, Valdez Zoning Code,
  includes federally owned land and water within          Subdivision Code, Comprehensive Plan
  the coastal zone.                                       and through VCMP Administrative
   (15) "natural hazards"                                 Policies that are included in an appendix
     (A) means the following natural processes or         of this document.
     adverse conditions that present a threat to life
     or property in the coastal area: flooding,
     earthquakes, active faults,                          Objective 1. Minimize development and
     tsunamis, landslides, volcanoes, storm surges,       damage to development in areas of
     ice formations, snow avalanches, erosion, and        geophysical hazard.
     beach processes;
     (B) includes other natural processes or adverse      Objective 2. Increase public awareness
     conditions designated by the department or by        of Natural Hazards in coastal areas.
     a district in a district plan.
   (16) "natural hazard area" means an area               Objective 3. Evaluate seismic,
   designated by a district under 11 AAC                  avalanche, flood, snow loads and wind
   114.250(b) or a state agency under 11 AAC              hazards and specify development
   112.210(b).
                                                          criteria for land subject to such hazards.
 114.990 Definitions
   (40) "scientific evidence" means facts or data that
 are                                                      Objective 4. Require sound
     (A) premised upon established chemical,              engineering practices in the building
     physical, biological, or ecosystem management        code to ensure the safe design and
     principles as obtained through scientific            construction of public and private
     method and submitted to the office to furnish        facilities.
     proof of a matter required under this chapter;
     (B) in a form that would allow resource agency       Objective 5. Develop a land use
     review for scientific merit; and                     management plan and zoning criteria for
     (C) supported by one or more of the following:       the use of hazard-prone lands.
          (i) written analysis based on field
          observation and professional judgment
          along with photographic documentation;          Objective 6. Work with DHS&EM to
          (ii) written analysis from a professional       prepare a FEMA approved all-hazard
          scientist with expertise in the specific        mitigation plan identifying mitigation
          discipline; or                                  measures, which will qualify Valdez to
          (iii) site-specific scientific research that    receive mitigation funds from the state
          may include peer-review level research or       and federal government.
          literature.




VCMP 2006 Amendment                                      -12 -                              03/01/06
      Issues of Local Concern

Avalanche Hazards. There are two avalanche areas in the Valdez Coastal District.
Uses within these areas are restricted to maintain life safety by not allowing new or
expanded residential development within the designated areas. Avalanche chutes and
runout zones occur along the steep slopes north of the airport and Mineral Creek. They
present no hazard to existing development, but it is recommended that any structural
development that may take place on the northern side of the airport facility incorporate
appropriate siting design and construction mitigation measures.

Flood Hazards. Flood hazards include tsunamis, storm surges, voluminous rainfall,
snow and glacier melt and release of glacier-dammed lakes. Flood hazard high velocity
zones in the district encompass only a few areas within the Valdez Coastal District.
These areas are Alpine Woods, two lots in Robe River and some undeveloped land.

Riverine and Glacier-Dammed Lake Outburst Flooding. Riverine and glacier-dammed
outburst flooding have historically occurred on Valdez Glacier Stream. All activities
within the floodway and floodway fringe are subject to the Valdez Flood Plain
Management Ordinance. Gravel extraction within the floodway and floodway fringe, if
conducted improperly, could cause the Valdez Glacier Stream to seek a new channel.
Downstream damage from such an occurrence could be substantial.

Seismic Hazards. During the 1964 earthquake, an area of liquefaction was observed
along Corbin Creek and Valdez Glacier Stream near its highway crossing.

Mass Wasting. Mass wasting along the steep slopes north of the airport and west of
the glacier terminus presents no hazards to existing development, and future
development in those areas is unlikely. The two areas to the east of Valdez Glacier
Stream, along Slater and Corbin Creeks, lie within municipal land zoned for industrial
development and should be developed so hazards from mass wasting are reduced.

      Designated Areas

The following natural processes or adverse conditions are considered to present a
threat to life or property in the coastal area: avalanche and flooding.

Thus, in accordance with 11 AAC 112.210(a), the district designates the following
areas, excluding federal land, as natural hazard areas to be managed in accordance
with the standards at 11 AAC 112.210(b). The state standard at 11 AAC 112.210
applies within these designated areas.

1.    Designated Avalanche Areas
The district has designated the areas delineated on Map 4, Valdez Avalanche Zones as
Natural Hazard Areas. The basis for the designation can be found in Chapter 4,
Resource Inventory and Analysis.




VCMP 2006 Amendment                           -13 -                             03/01/06
2.    Designated Flooding Areas
The district has designated the areas delineated on Map 5. The basis for the
designation can be found in Chapter 4, Resource Inventory and Analysis.

3.    Designated Tsunami Areas
The basis for the designation can be found in Chapter 4, Resource Inventory and
Analysis.

4.     Mineral Creek Flats and Canyon.
The district has designated the areas delineated on Map 7 Natural Hazard Areas. The
basis for the designation can be found in Chapter 4, Resource Inventory and Analysis.

5.     Valdez Glacier, Lake and Stream
The district has designated the areas delineated on Map 8 Natural Hazard Areas. The
basis for the designation can be found in Chapter 4, Resource Inventory and Analysis.

6.    Old Town
The district has designated the areas delineated on Map 13, Natural Hazard Areas.
The basis for the designation can be found in Chapter 4, Resource Inventory and
Analysis.

7.    Lowe River Delta
The district has designated the areas delineated on Map 16 as a Natural Hazard
Flooding Area. The basis for the designation can be found in Chapter 4, Resource
Inventory and Analysis.




VCMP 2006 Amendment                          -14 -                             03/01/06
3.     Recreation and Coastal Access
       Goals and Objectives

                                 Goal: Ensure the Valdez Coastal District has high quality
 State Standard                  recreational opportunities to meet the needs of residents
 11 AAC 112.220. Coastal         and visitors and that there is adequate public access to
 access. Districts and state     water bodies and recreation areas and provide new access
 agencies shall ensure that      areas where possible.
 projects maintain and, where
 appropriate, increase public
 access to, from, and along
                              Objectives in the VCMP will be achieved through a
 coastal water. (Eff.7/1/2004,combination of the VCMP enforceable policies,
 Register 170)                Administrative Actions, Valdez Zoning Code, Subdivision
                              Code, Comprehensive Plan and through VCMP
Administrative Policies that are included in an appendix of this document.

       Objective 1. Require public access to coastal areas on all publicly owned
       projects.

       Objective 2. Encourage public access to coastal areas when private
       developments take place near the shoreline.

       Objective 3. Improve attractiveness of commercial and recreational waterfront
       uses and businesses.

       Objective 4. Support establishment of marine park facilities.

       Objective 5. Encourage expanded and high-speed ferry service for Prince
       William Sound.

       Objective 6. Encourage development of diversified                   Definitions
       recreational opportunities and facilities.                   112.990 Definitions (a)
                                                                    “coastal water” means
                                                                    those waters, adjacent to
       Objective 7. Implement a municipal parks and
                                                                    the shorelines, that contain
       recreation program that identifies areas of coastal          a measurable quantity or
       recreation and tourist interest and provides access to       percentage of seawater,
       these locations.                                             including sounds, bays,
                                                                    lagoons, ponds, estuaries,
                                                                    and tidally influenced
                                                                    waters.
       Designated Areas

The district has designated the following areas as recreational areas. The basis for the
designations is in Chapter 4, Resource Inventory and Analysis.




VCMP 2006 Amendment                              -15 -                                03/01/06
1.     Shoup Bay and Trail System, Map 6.
2.     Mineral Creek Flats and Canyon, Map 7.
3.     Valdez Glacier, Lake and Stream, Map 8.
4.     Robe Lake, Map 9.
5.     Keystone Canyon and Trails System, Map 10.
6.     Solomon Gulch, Map 11.
7.     Jack Bay, Map 12.


          Designated Areas
 11 AAC 114.250. Subject uses, activities, and designations.
  (c) A district shall consider and may designate areas of
 recreational use. Criteria for designation of areas of recreational
 use are (1) the area receives significant use by persons
 engaging in recreational pursuits; or (2) the area has potential
 for recreational use because of physical, biological, or cultural
 features.
 (d) A district shall consider and may designate areas of tourism
 use. Criteria for designation of areas of tourism use are the area
 receives or has the potential to receive significant use by the
 visitor industry using cruise ships, floatplanes, helicopters,
 buses, or other means of conveying groups of persons to and
 within the area. (Eff. 7/1/2004, Register 170; am 10/29/2004,
 Register 172)



       Enforceable Policies

       RT-1. Management of Designated Recreational Use Areas

Proposed uses or activities in the designated areas shall not prevent or significantly
impede hunting, fishing, beach combing, hiking, nature observation, and other
recreational uses within the designated areas.

       RT-2. Management of Designated Recreational Beaches

Proposed uses or activities in the designated areas shall avoid or minimize direct and
significant impacts upon the biological or cultural features upon which recreation on the
designated beach depends.


       RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of
       Interest




VCMP 2006 Amendment                                      -16 -                    03/01/06
Keystone Canyon is designated as a recreation area and has important backdrops and
points of interest. Scenic impacts shall be avoided or minimized through setbacks and
other design standards.

       RT-4. Conflict Mitigation

Where practicable projects within designated recreational use areas shall be located,
designed, constructed, and operated in a manner that minimizes conflicts with
competing recreational uses of the area. If minimization of such conflicts is
impracticable, the applicant shall provide alternative recreation opportunities or access.


       CA-1. Maintenance of Public Access to Coastal Water

Proposed uses or activities shall not impede or degrade access to and within
designated recreation areas, except on state land, this requirement may be waived if
regulating or limiting access is necessary for other beneficial uses or public purposes.

       CA-2. Increased Public Access

New subdivisions on publicly owned lands shall include public access to, from and
along coastal water.

       CA-3. Enhanced Public Access

Capital Improvements on or adjacent to publicly owned waterfront property shall
incorporate walkways and viewing platforms whenever practicable to increase public
access to coastal waters.

The following types of capital improvements are exempt from this policy: utility
transmission lines, and utility pipelines.




VCMP 2006 Amendment                            -17 -                               03/01/06
4.    Transportation, Energy Facilities and Utility Routes and
Facilities
       Goals and Objectives

Goal: To promote and maintain the existing and future transportation and energy
facilities in a manner that is beneficial to the area residents and the local economy while
concurrently not adversely impacting environmental quality, human activities and
enterprises, or fish and wildlife habitat or harvest.

Objectives in the VCMP will be achieved through a combination of the VCMP
enforceable policies, Administrative Actions, Valdez Zoning Code, Subdivision Code,
Comprehensive Plan and through VCMP Administrative Policies that are included in an
appendix of this document.

       Objective 1. Participate actively in and promote public review and input into
       the writing, review, and approval of any transportation or utility corridors, plans,
       or routes undertaken by the state or federal government.

       Objective 2. Ensure that standards or stipulations to protect drainage patterns,
       water quality, safety, uses by nonmotorized travelers, important scenic values,
       and important fish and wildlife habitats are incorporated into designs and permits
       for transportation and utility projects.

       Objective 3. Require that the existing pipeline utility corridor be used for new
       facilities or expansion of the existing Trans-Alaska pipeline.

       Objective 4. Prohibit new development of pipeline utility corridors outside of the
       existing Trans-Alaska pipeline.

       Objective 5. Determine siting requirements for oil and gas industry expansion.

       Objective 6. Identify and promote the development of all potential sources of
       power generation, including renewable resources.

       Objective 7. Ensure that stipulations designed to minimize adverse social and
       environmental impacts from energy and industrial development are incorporated
       into leases and permits, and are enforced.

       Objective 8. Encourage, to the extent feasible and prudent, the consolidation of
       waste disposal sites and facilities used and operated by industrial and energy
       producing entities.

       Objective 9. Work with the State Division of Homeland Security to maintain safe
       and efficient transport of oil from the pipeline onto the oil tankers.


VCMP 2006 Amendment                             -18 -                                03/01/06
          State Standard
11 AAC 112.280. Transportation routes and facilities. Transportation routes and
facilities must avoid, minimize, or mitigate
(1) alterations in surface and ground water drainage patterns;
(2) disruption in known or reasonably foreseeable wildlife transit; and
(3) blockage of existing or traditional access. (Eff. 7/1/2004, Register 170)
11 AAC 112.230. Energy facilities. (a) The siting and approval of major energy
facilities by districts and state agencies must be based, to the extent practicable, on the following
standards:
(1) site facilities so as to minimize adverse environmental and social effects
while satisfying industrial requirements;
(2) site facilities so as to be compatible with existing and subsequent adjacent
uses and projected community needs;
(3) consolidate facilities;
(4) consider the concurrent use of facilities for public or economic reasons;
(5) cooperate with landowners, developers, and federal agencies in the
development of facilities;
(6) select sites with sufficient acreage to allow for reasonable expansion of
facilities;
(7) site facilities where existing infrastructure, including roads, docks, and
airstrips, is capable of satisfying industrial requirements;
(8) select harbors and shipping routes with least exposure to reefs, shoals, drift
ice, and other obstructions;
(9) encourage the use of vessel traffic control and collision avoidance systems;
(10) select sites where development will require minimal site clearing, dredging, and construction;
(11) site facilities so as to minimize the probability, along shipping routes, of
spills or other forms of contamination that would affect fishing grounds, spawning grounds, and
other biologically productive or vulnerable habitats, including marine mammal rookeries and
hauling out grounds and waterfowl nesting areas;
(12) site facilities so that design and construction of those facilities and support
infrastructures in coastal areas will allow for the free passage and movement of fish and wildlife
with due consideration for historic migratory patterns;
(13) site facilities so that areas of particular scenic, recreational, environmental,
or cultural value, identified in district plans, will be protected;
(14) site facilities in areas of least biological productivity, diversity, and
vulnerability and where effluents and spills can be controlled or contained;
(15) site facilities where winds and air currents disperse airborne emissions that
cannot be captured before escape into the atmosphere;
(16) site facilities so that associated vessel operations or activities will not result
in overcrowded harbors or interfere with fishing operations and equipment.(b) The uses authorized by the
issuance of state and federal leases, easements, contracts,
rights-of-way, or permits for mineral and petroleum resource extraction are uses of state concern.
(Eff. 7/1/2004, Register 170)




VCMP 2006 Amendment                                  -19 -                                   03/01/06
                  State Standard
        11 AAC 112.240. Utility routes and facilities. (a) Utility routes and facilities must be
        sited inland from beaches and shorelines unless
        (1) the route or facility is water-dependent or water related; or
        (2) no practicable inland alternative exists to meet the public need for the route or
        facility.
        (b) Utility routes and facilities along the coast must avoid, minimize, or mitigate
        (1) alterations in surface and ground water drainage patterns;
        (2) disruption in known or reasonably foreseeable wildlife transit;
        (3) blockage of existing or traditional access. (Eff. 7/1/2004, Register 170)


         Definitions
112.990 Definitions (a)                                         AS 46.40.210 Definitions.
(28) "transportation routes and facilities" include             (12) "uses of state concern" means those land
natural transportation routes dictated by geography or          and water uses that would significantly affect
oceanography, roads, highways, railways, air                    the long-term public interest; "uses of state
terminals, and facilities required to operate and               concern" include
maintain the route or facility;                                      (A) uses of national interest, including the
(14) "major energy facility"                                         use of resources for the siting of ports and
     (A) means a development of more than local                      major facilities that contribute to meeting
     concern carried out in, or in close proximity to,               national energy needs, construction and
     the coastal area, that is:                                      maintenance of navigational facilities and
         (i) required to support energy operations for               systems, resource development of federal
         exploration or production purposes;                         land, and national defense and related
         (ii) used to produce, convert, process, or                  security facilities that are dependent upon
         store energy resources or marketable                        coastal locations.
         products;                                                   (B) uses of more than local concern,
         (iii) used to transfer, transport, import, or               including those land and water uses that
         export energy resources or marketable                       confer significant environmental, social,
         products;                                                   cultural, or economic benefits or burdens
         (iv) used for in-state energy use; or                       beyond a single coastal resource district;
         (v) used primarily for the manufacture,                     (C) the siting of major energy facilities,
         production, or assembly of equipment,                       activities pursuant to a state or federal oil
         machinery, products, or devices that are                    and gas lease, or large-scale industrial or
         involved in an activity described in (i) - (iv)             commercial development activities that
         of this subparagraph; includes marine service               are dependent on a coastal location and
         bases and storage depots,                                   that, because of their magnitude or the
     pipelines and rights-of-way, drilling rigs and                  magnitude of their effect on the economy
     platforms, petroleum or coal separation,                        of the state or the surrounding area, are
     treatment, or storage facilities, liquid natural gas            reasonably likely to present issues of more
     plants and terminals, oil terminals and other port              than local significance;
     development for the transfer of energy products,                (D) facilities serving statewide or
     petrochemical plants, refineries and associated                 interregional transportation and
     facilities, hydroelectric projects, other electric              communication needs; and
     generating plants, transmission lines, uranium                  (E) uses in areas established as state parks
     enrichment or nuclear fuel processing facilities,               or recreational areas under AS 41.21 or as
     geothermal facilities, natural gas pipelines and                state game refuges, game sanctuaries, or
     rights-of-way, natural gas treatment and                        critical habitat areas under AS 16.20.
     processing facilities, and infrastructure related to
     natural gas treatment and processing facilities.


       VCMP 2006 Amendment                                    -20 -                                      03/01/06
11 AAC 110.990
(38) "reasonably foreseeable" means a fact-specific determination of whether something can reasonably be
foreseen; "reasonably foreseeable" does not include remote or speculative consequences.
(30) "utility routes and facilities" include power transmission lines, mineral slurry lines, oil and gas
pipelines, natural transportation routes dictated by geography or oceanography, water and sewage transfer,
and facilities required to operate and maintain the route or facility.



           Designated Areas
  11 AAC 114.250. Subject uses, activities,
  and designations. (a) A district plan must         Designated Areas
  include a description of the land and water
  uses and activities that are subject to the        The Valdez Coastal District designates the
  district plan. (e) A district shall consider and   following areas as energy facilities. The
  may designate, in cooperation with the state,      basis for this designation is in Chapter 4,
  sites suitable for the development of major
                                                     Resource Inventory and Analysis.
  energy facilities. (Eff. 7/1/2004, Register
  170; am 10/29/2004, Register 172)


1.      Solomon Gulch, Map 11.
2.      Trans-Alaska Pipeline, Map 14.

The following is a list of local concerns and issues. The Valdez Planning Commission
wanted to leave the policies as enforceable policies.

Developable Land. There is very little developable land in the Valdez area. It is either
too steep or in a hazard area. It is critical that pipelines and utilities use the same
easements whenever possible.

Water Transportation - The provision of an adequate port, harbor and boat launches
and protection of navigation routes is essential to the Valdez Coastal District economy
and the lifestyle of Valdez’s residents.

Roads Adjacent to Rivers and Coastlines - River corridors and coastal areas often
provide suitable routes for roads or highways. However, roads adjacent to rivers or
beaches often require alteration of wetlands or drainage patterns, are subject to flooding
or erosion damage, and increase street runoff and associated pollutants carried to
nearby waters.

Street Runoff - Unfiltered street runoff discharged to water bodies can introduce
hydrocarbons, heavy metals, silt and salts or chemicals used for ice melting.

Overhead Utility Lines - Utility line crossings can pose a hazard to low flying aircraft if
not visibly marked, and could detract from scenic values in areas of high tourism
potential.



 VCMP 2006 Amendment                                    -21 -                                   03/01/06
Non-motorized Uses of Transportation Corridors - Road rights-of-way and corridors
can provide transportation routes for nonmotorized travelers, such as bicyclists,
equestrians, pedestrians, and others, if properly designed and developed.

Economic Importance - The Trans-Alaska pipeline and transport facility is crucial to
the economy of the Valdez Coastal District and the State of Alaska.

Facility Siting - Energy and industrial facilities often require a coastal location to
connect to underwater pipelines and make use of ocean transportation. The location of
facilities affects the efficiency and cost of production and potential environmental and
social impacts of the facility.

Oil Spills - Oil spills from transportation of petrochemical and other related products
have the potential to impact fishing grounds, coastal habitats areas and water quality if
adequate precautions are not taken to avoid, detect, contain and clean up spills.

Navigation & Commercial Fishing Gear Conflicts – Community infrastructure, such
as underwater pipelines, have the potential to obstruct navigation or conflict with
commercial fishing.

Water Quality - Water quality could be impacted by industrial development from
petrochemical spills, effluent discharge, drilling mud or toxic chemical disposal,
increased erosion and sedimentation from energy and industrial development.

Air Quality Impacts - Cumulative impacts from airborne emissions from energy and
industrial development and refining could degrade air quality.

       Enforceable Policies

       EF-1. Pipeline and Utility Corridors.

To the extent practical, existing pipeline and utility corridors shall be used for new
facilities or expansion of existing facilities rather than developing new corridors.

       EF-2. Underground Construction

Where practicable, pipelines and utilities shall be installed underground in areas of high
recreational or scenic value or intensive public use.


       EF3. Underwater Construction

To the extent practicable, underwater pipelines shall be buried. If pipelines are not
buried they shall be designed to allow for the passage of fishing gear, or the pipeline
route shall be selected to avoid important fishing areas, and anadromous fish migration
and feeding areas.



VCMP 2006 Amendment                             -22 -                               03/01/06
       EF 4. Overhead Utility Lines

Overhead utility lines shall be visibly marked where necessary to avoid hazard to
low-flying aircraft.

       EF 5. Pipeline Construction

To the extent practicable, pipelines shall be sited, designed, constructed, and
maintained to minimize risk to fish and wildlife habitats from a spill, pipeline
break, or other construction activities.




VCMP 2006 Amendment                            -23 -                               03/01/06
5.     Sand and Gravel Extraction
       Goals and Objectives

Goal: To provide opportunities to explore, extract and process sand and gravel
resources, while protecting environmental quality and other resource users.

Objectives in the VCMP will be achieved through a combination of the VCMP
enforceable policies, Administrative Actions, Valdez Zoning Code, Subdivision Code,
Comprehensive Plan and through VCMP Administrative Policies that are included in an
appendix of this document.
                                                                      State Standard
       Objectives in the VCMP will be achieved through a              11 AAC 112.260. Sand and
       combination of the VCMP enforceable policies,                  gravel extraction. Sand and
       Administrative Actions, Valdez Zoning Code,                    gravel may be extracted
       Subdivision Code, Comprehensive Plan and                       from
       through VCMP Administrative Policies that are                  coastal waters, intertidal
       included in an appendix of this document.                      areas, barrier islands, and
                                                                      spits if there is no
       Objective 1. To minimize adverse impacts to fish               practicable alternative to
       and wildlife, quality of air, land, and water                  coastal extraction that will
                                                                      meet the public need for the
       resources and other public values and uses of
                                                                      sand or gravel. (Eff.
       extraction areas by ensuring that stipulations to              7/1/2004, Register
       minimize or mitigate adverse impacts are                       170).
       incorporated into leases, permits and
       authorizations.
         Definitions
 11 AAC 112.990 Definitions (a)                           Objective 2. To maintain
 (6) ‖coastal water‖ means those waters,                  opportunities for future extraction
 adjacent to the shorelines, that contain a               activities on lands identified as having
 measurable quantity or percentage of seawater,           additional resources.
 including sounds, bays, lagoons, ponds,
 estuaries, and tidally influenced waters.                Objective 3. To recognize the need
 (3) ―barrier islands and lagoons" means                  for transportation, access and mineral
      (A) depositional coastal environments               storage in areas with resource
      formed by deposits of sediment offshore; or         potential.
      (B) coastal remnants that form a barrier of
      low-lying islands and bars protecting a salt-
      water lagoon with free exchange of water to         Designated Areas
      the sea.
 11 AAC 114.990
 (35) "public need" means a documented need               The enforceable policies for sand and
 of the general public and not that of a private          gravel extraction relate to the entire
 person.                                                  Valdez Coastal District.




VCMP 2006 Amendment                                   -24 -                                 03/01/06
      Enforceable Policy

      SG-1. Siting of Material Sources

To the extent practicable, sources of sand, gravel, rock and other construction materials
shall be approved in the following sequence:

      a)     existing approved gravel pits or quarries operated in compliance with state
             and federal authorizations;

      b)     reuse of material from abandoned development area, unless reuse could
             cause more damage to resources (excluding air, land and water quality
             regulated by DEC) than non-use;

      c)     new upland sites, except for those designated under important habitat;

      d)     beaches of low habitat values; and

      e)     streams, which do not provide fish habitat.




VCMP 2006 Amendment                           -25 -                              03/01/06
6.     Historic, Prehistoric, and Archaeological Resources
       Goals and Objectives

Goal: Preserve the historic value of designated areas within the Valdez Coastal District.

Objectives in the VCMP will be achieved through a combination of the VCMP
enforceable policies, Administrative Actions, Valdez Zoning Code, Subdivision Code,
Comprehensive Plan and through VCMP Administrative Policies that are included in an
appendix of this document.

       Objective 1. Ensure that the historical values of the designated areas are
       preserved.


          Designated Areas                             State Standard
 11 AAC 114.250. Subject uses, activities,             11 AAC 112.320. Historic, prehistoric, and
 and designations. (a) A district plan must            archeological resources. (a) The
 include a description of the land and water           department will designate areas of the coastal
 uses and activities that are subject to the           zone that are important to the study,
 district plan. (i) A district shall consider and      understanding, or illustration of national,
 may designate areas of the coast that are             state, or local history or prehistory, including
 important to the                                      natural processes
 study, understanding, or illustration of              (b) A project within an area designated under
 national, state, or local history or prehistory.      (a) of this section shall comply with the
 (Eff. 7/1/2004, Register 170; am 10/29/2004,          applicable requirements of AS 41.35.010 –
 Register 172)                                         41.35.240 and 11 AAC 16.010 – 11 AAC
                                                       16.900. (Eff. 7/1/2004, Register 170)



       Designated Areas

The Valdez Coastal District has designated the Old Town area as an historic area. This
area is depicted on Map 13 and further described in Chapter 4, Resource Inventory and
Analysis. The state standard at 11 AAC 112.320 applies within this designated area.

The Valdez Coastal District has designated the Valdez Historical Cemeteries as historic
areas. These areas are depicted on Map 13 and further described in Chapter 4,
Resource Inventory and Analysis. The state standard at 11 AAC 112.320 applies within
this designated area.

The Valdez Coastal District has designated the Mineral Creek area and the Stamp Mill
as a historic area. This area is depicted on Map 7 and further described in the
Resource Inventory and Analysis Chapter. The state standard at 11 AAC 112.320
applies within this designated area.



VCMP 2006 Amendment                                 -26 -                                     03/01/06
The Valdez Coastal District has designated the Keystone Canyon area and trail system
as a historic area. This area is depicted on Map 10, and further described in the
Resource Inventory and Analysis Chapter. The state standard at 11 AAC 112.320
applies within this designated area.

       Enforceable Policies

       HIST-1.       Protection of Sites

A.      If previously undiscovered historic, prehistoric, or archaeological artifices or sites
are encountered during ground disturbing activities, the applicant shall ensure that the
find is protected from further disturbance until the State Historic Preservation Office and
the Valdez coastal coordinator are notified.

B.     The applicant shall consult with the State Historic Preservation Office and Valdez
coastal coordinator, to determination the significance of the find and develop ways to
avoid, minimize or mitigate adverse effects to significant finds.

C.     The applicant is responsible for ensuring that mitigation measures developed to
protect significant prehistoric or historic resources within the project area are carried
out.

       HIST-2.       Valdez Historical Cemeteries

The designated Valdez Historical Cemeteries shall be protected for long-term use as
cemeteries. No other uses of these areas are allowed.




VCMP 2006 Amendment                              -27 -                                03/01/06
8.      Habitats
        Goals and Objectives

Goal: Ensure the protection and maintenance of habitat values and biological
productivity of important fish and wildlife habitat areas within the Valdez Coastal District.

Objectives in the VCMP will be achieved through a combination of the VCMP
enforceable policies, Administrative Actions, Valdez Zoning Code, Subdivision Code,
Comprehensive Plan and through VCMP Administrative Policies that are included in an
appendix of this document.

        Objective 1. Coordinate with state and federal agencies to develop and
        maintain a detailed up-to-date database of important fish and wildlife species and
        habitat areas.

        Objective 2. Provide policies, and support the regulations of other
        agencies, to insure that the preservation of fish and wildlife resources and
        important habitat areas will be given due consideration in the development of
        coastal areas.

State Standard
11 AAC 112.300. Habitats. (a) Habitats in the coastal area that are subject to the
program are
(1) offshore areas;
(2) estuaries;
(3) wetlands;
(4) tideflats;
(5) rocky islands and sea cliffs;
(6) barrier islands and lagoons;
(7) exposed high-energy coasts;
(8) rivers, streams, and lakes and the active floodplains and riparian management
areas of those rivers, streams, and lakes; and
(9) important habitat.
(b) The following standards apply to the management of the habitats identified in (a) of
this section:
(1) offshore areas must be managed to avoid, minimize, or mitigate significant
adverse impacts to competing uses such as commercial, recreational, or subsistence fishing, to
the extent that those uses are determined to be in competition with the proposed use;
(2) estuaries must be managed to avoid, minimize, or mitigate significant adverse
impacts to
(A) adequate water flow and natural water circulation patterns; and
(B) competing uses such as commercial, recreational, or subsistence
fishing, to the extent that those uses are determined to be in competition with the
proposed use;
(3) wetlands must be managed to avoid, minimize, or mitigate significant adverse
impacts to water flow and natural drainage patterns;
(4) tideflats must be managed to avoid, minimize, or mitigate significant adverse

 VCMP 2006 Amendment                                   -28 -                                     03/01/06
  impacts to
  (A) water flow and natural drainage patterns; and
  (B) competing uses such as commercial, recreational, or subsistence uses,
  to the extent that those uses are determined to be in competition with the proposed use;
  (5) rocky islands and sea cliffs must be managed to
  (A) avoid, minimize, or mitigate significant adverse impacts to habitat
  used by coastal species; and
  (B) avoid the introduction of competing or destructive species and
  predators;
  (6) barrier islands and lagoons must be managed to avoid, minimize, or mitigate
  significant adverse impacts
  (A) to flows of sediments and water;
  (B) from the alteration or redirection of wave energy or marine currents
  that would lead to the filling in of lagoons or the erosion of barrier islands; and
  (C) from activities that would decrease the use of barrier islands by
  coastal species, including polar bears and nesting birds;
  (7) exposed high-energy coasts must be managed to avoid, minimize, or mitigate
  significant adverse impacts
  (A) to the mix and transport of sediments; and
  (B) from redirection of transport processes and wave energy;
  (8) rivers, streams, and lakes must be managed to avoid, minimize, or mitigate
  significant adverse impacts to
  (A) natural water flow;
  (B) active floodplains; and
  (C) natural vegetation within riparian management areas; and
  (9) important habitat
  (A) designated under 11 AAC 114.250(h) must be managed for the
  special productivity of the habitat in accordance with district enforceable policies
  adopted under 11 AAC 114.270(g); or
  (B) identified under (c)(1)(B) or (C) of this section must be managed to
  avoid, minimize, or mitigate significant adverse impacts to the special productivity of the
  habitat.
  (c) For purposes of this section,
  (1) "important habitat" means habitats listed in (a)(1) – (8) of this section and
  other habitats in the coastal area that are
  (A) designated under 11 AAC 114.250(h);
  (B) identified by the department as a habitat
  (i) the use of which has a direct and significant impact on coastal
  water; and
  (ii) that is shown by written scientific evidence to be significantly
  more productive than adjacent habitat; or
  (C) identified as state game refuges, state game sanctuaries, state range areas, or fish and game critical
  habitat areas under AS 16.20;
  (2) "riparian management area" means the area along or around a waterbody
  within the following distances, measured from the outermost extent of the ordinary high water
  mark of the waterbody:
  (A) for the braided portions of a river or stream, 500 feet on either side of
  the waterbody;
  (B) for split channel portions of a river or stream, 200 feet on either side
  of the waterbody;
  (C) for single channel portions of a river or stream, 100 feet on either side
   the waterbody;
of(D) for a lake, 100 feet of the waterbody. (Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172)

VCMP 2006 Amendment                                      -29 -                                      03/01/06
         Definitions
11 AAC 112.990 Definitions (a)
(3) "barrier islands and lagoons" means
(A) depositional coastal environments formed by deposits of sediment offshore; or
(B) coastal remnants that form a barrier of low-lying islands and bars protecting a salt-water lagoon with
free exchange of water to the sea.
11 AAC 114.990
(5) "coastal area" has the meaning given "coastal zone" in AS 46.40.210, except that "coastal area"
includes federally owned land and water within the coastal zone.
(6) "coastal water" means those waters, adjacent to the shorelines, that contain a measurable quantity or
percentage of seawater, including sounds, bays, lagoons, ponds, estuaries, and tidally influenced waters.
(13) "direct and significant impact" means an effect of a use, or an activity associated with the use, that
will proximately contribute to a material change or alteration of the coastal waters, and in which
      (A) the use, or activity associated with the use, would have a net adverse effect on the quality of the
      resources;
      (B) the use, or activity associated with the use, would limit the range of alternative uses of the
      resources; or
      (C) the use would, of itself, constitute a tolerable change or alteration of the resources but which,
      cumulatively, would have an adverse effect.
11 AAC 112.990
(12) exposed high-energy coasts" means open and unprotected sections of coastline with exposure to
ocean generated wave impacts and usually characterized by coarse sand, gravel, boulder beaches, and
well-mixed coastal water.
(11) "estuary" means a semiclosed coastal body of water that has a free connection with the sea and
within which seawater is measurably diluted with freshwater derived from land drainage.
(13) "freshwater wetlands" means those environments characterized by rooted vegetation that is partially
submerged either continuously or periodically by surface freshwater with less than 0.5 parts per
thousand salt content and not exceeding three meters in depth.
(17) "offshore areas" means submerged lands and waters seaward of the coastline as measured from
mean low tide.
(24) "rocky islands and sea cliffs" means islands of volcanic or tectonic origin with rocky shores and
steep faces, offshore rocks, capes, and steep rocky seafronts.
(25) "saltwater wetlands" means those coastal areas along sheltered shorelines characterized by
halophilic hydrophytes and macroalgae extending from extreme low tide to an area above extreme high
tide that is influenced by sea spray or tidally induced water table changes.
(40) "scientific evidence" means facts or data that are
      (A) premised upon established chemical, physical, biological, or ecosystem management principles
      as obtained through scientific method and submitted to the office to furnish proof of a matter
      required under this chapter;
      (B) in a form that would allow resource agency review for scientific merit; and
      (C) supported by one or more of the following:
             (i) written analysis based on field observation and professional judgment along with
             photographic documentation;
             (ii) written analysis from a professional scientist with expertise in the specific discipline; or
             (iii) site-specific scientific research that may include peer-review level research or literature.
(27) "tideflats" means mostly unvegetated areas that are alternately exposed and inundated by the falling
and rising of the tide.
(33) "wetlands" means saltwater wetlands and those freshwater wetlands that have a direct drainage to
coastal waters.



VCMP 2006 Amendment                                      -30 -                                      03/01/06
          Designated Areas
 11 AAC 114.250. Subject uses, activities, and designations. (h) A district shall consider and may
 designate portions of habitat areas listed in 11 AAC 112.300(a)(1) – (8) and other habitats in the
 coastal area as important habitat if (1) the use of those designated portions have a direct and
 significant impact on coastal water; and (2) the designated portions are shown by written scientific
 evidence to be significantly more productive than adjacent habitat. (Eff. 7/1/2004, Register 170;
 am 10/29/2004, Register 172)


       Designated Areas

The district has designated the following areas as important habitat areas. The basis
for the designations are in the 2006 CMP Plan Amendment, Resource Inventory and
Analysis. The map numbers and page numbers follow each of the following listed area.

Shoup Bay and Trail System, Map 6.
Mineral Creek Flats and Canyon, Map 7.
Robe Lake, Map 9.
Jack Bay, Map 12.
Valdez Duck Flats, Map 15 .
Lowe River Delta, Map 16.

The state standard at 11 AAC 112.300 applies within these designated areas. There
are no additional district enforceable policies applicable to habitat areas, however the
Valdez Coastal District will receive appropriate due deference for projects within this
area.

Valdez Duck Flats. In 1992 the Valdez Coastal District approved a concept-approved
draft for the Valdez Duck Flats Area Meriting Special Attention Plan. The plan was
never finalized as an area meriting special attention by the Coastal Management
Program. However, the resources still merit this area designated as an important
habitat area.

The Valdez Duck Flats provides important and productive habitat for many fish and
wildlife species, and is a resource of scenic value to residents and visitors alike. Fish
and wildlife values were recognized in the Alaska Department of Natural Resources
Prince William Sound Area Plan, and have led to a proposal by the Prince William
Sound Conservation Alliance to make the Valdez Duck Flats a state critical habitat area.

Shoup Bay. Shoup Bay spit is the only landform that can be classified as a ―barrier
island‖. Because it is unique in the district, material borrows or other activities that
could damage habitat should be prohibited.

Water Quality and Quantity.    The protection of water quality and maintenance of
minimum low water flows are important for fish and wildlife.



VCMP 2006 Amendment                                   -31 -                                    03/01/06
Wetlands - Wetland areas of the Valdez Coastal District provide water storage and
filtering functions and often provide habitat for fish, wildlife and birds.

Anadromous Rivers - Development in anadromous rivers or streams has the potential
to impact fish by increasing water velocity, altering water temperatures, introducing
sediment or other pollutants, or obstructing free migration and passage.

Upland Areas - Development or resource extraction in upland areas could impact fish
and wildlife resources by increasing noise and human activity, or use of explosives.

Marine and Estuarine Areas - Construction, or resource extraction activities in marine
or estuarine waters could impact fish and wildlife resources by altering water quality or
circulation patterns, altering migration routes, increasing noise and activity, or use of
explosives.




VCMP 2006 Amendment                            -32 -                              03/01/06
Chapter 4. Resource Inventory and Analysis
Incorporation of 1986 Resource Inventory/Analysis
In addition to this chapter1986 Valdez Coastal Management Plan, Chapters 3.0,
Resource Inventory, 4.0 Natural Hazards; and 5.0 Resource Analysis are incorporated
into this public hearing draft. The listed chapters contain specific information about
natural resources, coastal habitats, cultural resources, economic resources and Natural
Hazards. In mandating statewide revisions of district plans within one year, OPMP
represented to the districts that thorough revision of currently approved Resource
Inventory and Analysis documents would not be required.

General Location and Information
Map 1.       Valdez Location Map

Map 2.       Valdez Coastal Zone Boundary Map.

Valdez is located on the north shore of Port Valdez, a deep water fjord in Prince William
Sound. It lies 305 road miles east of Anchorage, and 364 road miles south of Fairbanks.
It is the southern terminus of the Trans-Alaska oil pipeline. It lies at approximately
61.130830° North Latitude and -146.34833° West Longitude. (Sec. 32, T008S, R006W,
Copper River Meridian.) Valdez is located in the Valdez Recording District. The area
encompasses 222.0 sq. miles of land and 55.1 sq. miles of water. January
temperatures range from 21 to 30; July temperatures are 46 to 61. Annual precipitation
is 62 inches. The average snowfall is, incredibly, 325 inches (27 feet) annually.

Valdez is a Home Rule City located in an unorganized District. The town covers 274
square miles. The State Demographer estimated the 2003 Valdez population to be
4,060.

The Port of Valdez was named in 1790 by Senor Fidalgo for the celebrated Spanish
naval officer Antonio Valdez y Basan. Due to its ice-free port, a town developed in 1898
as a debarkation point for men seeking a route to the Klondike gold fields. Valdez soon
became the supply center of its own gold mining region, and incorporated as a City in
1901. Tsunamis generated by the 1964 earthquake the original City, killing several
residents. The community was rebuilt in a more sheltered location nearby. During the
1970's, construction of the Trans-Alaska oil pipeline terminal and other cargo
transportation facilities brought rapid growth to Valdez.

The Richardson Highway was Alaska’s first road, connecting Fairbanks in the Interior
with tidewater at Valdez. It began as a trail for the gold stampeders of 1898, was later
converted to a wagon road, and in 1913 was driven by an enterprising Alaskan named




VCMP 2006 Amendment                            -33 -                             03/01/06
Bobby Sheldon in a Model T Ford. It has been open to vehicle traffic for more than 60
years.

Today’s Richardson Highway (Alaska Route 4) is a modern, paved, two-lane highway
open all year to vehicle traffic. The highway follows the routes of Captain William R.
Abercrombie of the 2nd U.S. Infantry Abercrombie and General Wilds P. Richardson,
first president of the Alaska Road Commission for whom the highway is named. The
Richardson Highway travels up through Keystone Canyon, cresting the Chugach
Mountains at 2,771-foot Thompson Pass. North from its junction with the Glenn
Highway, the Richardson crosses the Alaska Range at 3,000-foot Isabel Pass, before
descending into Delta Junction, where it joins the Alaska Highway into Fairbanks. The
ARC updated the road to automobile standards in the 1920s and continued to improve
the road with new bridges, widening and rerouting, finally hard-surfacing the highway in
1957.

Valdez prospered as a commercial center, especially after gold and copper were
discovered nearby. As with many other areas along the Gulf Coast, damage caused by
the 1964 earthquake severely disrupted Valdez. In fact, much of the town was
destroyed by an underwater landslide and subsequent sea wave. City fathers decided
to move the town four miles west to a safer site.

Shipping, fishing, the oil industry and the oil industry fuel the community’s economy.
Valdez has seafood processing facilities that smoke, custom can and freeze fish for the
commercial market. In addition, a fishing fleet that works the waters of Prince William
Sound operates out of Valdez Harbor. Cruise boats carry passengers to Columbia
Glacier and other scenic highlights of Prince William Sound.

Valdez has one of the highest municipal tax bases in Alaska as the southern terminus
and off-loading point of oil extracted from Prudhoe Bay on the North Slope. Four of the
top ten employers in Valdez are directly connected to the oil terminus. Alyeska Pipeline
Service Co. employs nearly 300 persons. Valdez is a major seaport, with a $48 million
cargo and container facility. City, state, and federal agencies combined provide
significant employment. 42 residents hold commercial fishing permits. Three fish
processing plants operate in Valdez, including Peter Pan and Seahawk Seafoods.
Valdez Fisheries Dev. Assoc. will open its year-round processing facility in October
2003. 7 cruise ships will dock in Valdez in 2004. Valdez is a Foreign Free Trade Zone.

Water is derived from four primary wells and is stored in five 750,000-gal. reservoirs
prior to piped distribution throughout Valdez. Water storage capacity is 2.24 million
gallons. The sewage treatment plant is capable of processing 1.25 million gallons a day.
Sewage is deposited in a secondary treatment lagoon. Over 95% of homes are fully
plumbed. Many homes use individual wells and septic tanks. The Class 2 landfill uses a
balefill system. An oil and hazardous waste recycling center was completed in 1998.
Copper Valley Electric purchases power from the Four Dam Pool Power Agency and
the Petro Star Refinery, and owns diesel plants in Glennallen and Valdez.




VCMP 2006 Amendment                           -34 -                              03/01/06
The State Ferry provides transport to Whittier, Cordova, Kodiak, Seward and Homer in
the summer; Cordova only in the winter. Valdez has the largest floating concrete dock in
the world, with a 1,200' front and water depth exceeding 80'. Numerous cargo and
container facilities are present in Valdez. A small harbor accommodates 546
commercial fishing boats and recreational vessels. Boat launches and haul-out services
are available. Both barges and trucking services deliver cargo to the City. The airport is
operated by the state, with a 6,500' long by 150' wide paved runway, instrument landing
system and control tower. A State-owned seaplane base is available at Robe Lake.

1.    Coastal Development and Habitats
The City of Valdez has selected land under municipal conveyance in the Mineral Creek
Flats area for residential development. Proximity to the downtown area and relatively
level land make this area a logical spot for residential development when the City’s
population expands. Conceptual design for a residential are has been completed.

Map 3.       Coastal Habitats Map

Coastal Habitats and Biological Resources

Coastal Habitats and Biological Resources in the Valdez Coastal District include the
following:

     Offshore areas
     Estuaries
     Wetlands and tideflats
     Rocky islands and sea cliffs
     Barrier islands and lagoons
     Exposed high energy coasts
      Rivers , Streams , and lakes
     Important upland habitat

Habitat Descriptions

Offshore Areas. Offshore areas are defined as submerged lands and waters seaward
of the coastline, below mean lower low water (MLLW). Offshore areas within the Valdez
city limits include Port Valdez, Valdez Narrows and portions of Valdez Ann and Jack
Bay.

The high rate of sedimentation in the eastern Port Valdez offshore area has resulted in
a deep-water benthic population that shows a low number of species and organisms
compared with the western area. The benthic infauna (animals living within sediments)
is dominated by deposit-feeding organisms typically found in soft substrates. Dominant
groups are polychaete worms and small bivalves. Epibenthic invertebrates (animals
living on top of the sediments ) are also present in low numbers and include five species
of pandalid shrimp, tanner crab, king drab and Dungeness crab, with juvenile tanner


VCMP 2006 Amendment                            -35 -                             03/01/06
crab the only species taken in abundance .

Marine fish species in the deep Port Valdez offshore area have been captured in low
numbers, but the gear used in recent studies was a small otter trawl (3-4m) that was not
efficient at capturing larger, more mobile fishes. The species list, however, indicates a
reasonably diverse fish life considering the gear used. Twenty-three species were
reported from these surveys. Many of the fish captured are typically found on soft
substrates, including five species of flounder, one species of skate andmembers of the
cod and sculpin families.

The presence of Pacific Ocean perch and yelloweye rockfish, however, indicates that
deep hardbottom areas are present in sane parts of the fjord. Exploratory drags made
by the National Marine Fisheries Service (NMFS) in 1954 and 1970 with commercial-
sized trawls indicated a low biomass of catchable fish; eleven trawls yielded an average
of 115 pounds per hour (lb/hr) of tow. In contrast, a single tow in Jack Bay (southeast of
Valdez Narrows) in 1970 yielded 1500 Ib/hr, primarily pollock and herring.

Shallow regions of the offshore area are more diverse, with both rocky and soft subtidal
habitats. The shallow rocky areas around Seal Rocks contain a rich kelp bed community
with an abundant and diverse group of invertebrates (Rosenthal 1977). The group of
fish present in this area is considerably different from that in the deeper regions, with
many of the species dependent on the rocky habitat. In contrast, the shallow clay or
sandy areas, such as below the Duck Flats, contain low algal densities and the
invertebrates are dominated by an echiurid worn (spoonworm) and a tube worm, with a
number of other small worms and snails also present (Lees et al. 1979). These shallow
soft-bottom habitats do contain a fair number of juvenile and breeding adult Tanner
crabs, however, and may be important in the life cycle of this species. There is a
recreational fishery for Dungeness crab in the shallow eastern portion of Port Valdez,
although this species has not been detected during scientific sampling. The fish life is
relatively sparse during the day, with starry flounders dominating. Many of the deep
water fish and mobile invertebrate species move into these shallow waters at night to
feed so daytime observation of apparent densities or distributional patterns can be
misleading .

Herring utilize the shallow subtidal algal beds of Jack Bay and Valdez Ann for spawning,
primarily in April and May. These spawning aggregations are followed by a host of
predators, including Chinook salmon and a variety of fish-eating birds (including murres,
cormorants and gulls) and mammals (including porpoise, seals and sea lions) .

Whales are the only marine mammals that use the offshore habitats exclusively; other
marine mammals are associated with various shoreline features. Many species of whale
or porpoise have been sighted within Port Valdez. Two of the whale species are on the
endangered classification under the Endangered Species Act. These are the humpback
whale and finback whale (USFWS, 1981).




VCMP 2006 Amendment                            -36 -                              03/01/06
Estuaries. Estuaries are defined as semi enclosed coastal bodies of water that have a
free connection with the sea and within which seawater is measurably diluted with fresh
water derived from land drainage. Under this definition, all of Port Valdez can be
considered an estuary, since the freshwater input from the various streams and glaciers
measurably dilutes the surface layer during the SUIm1er. On a smaller scale, the
mouths of all streams that are under the influence of tidal action and the various bays
receiving freshwater run-off would be considered estuaries. In streams, the estuarine
portion extends upstream to the limit t of saltwater intrusion. The downstream extent of
the estuary is less well-defined and, as indicated in the definition, is generally
considered to be where the freshwater input can no longer be detected. Major estuaries
in the Valdez area include the Lowe River estuary , the many creeks entering the bay
through Old Town and the Duck Flats, Mineral Creek, Shoup Bay and Jack Bay. As
indicated, the lower reaches of all streams are part of the estuarine system.

Estuaries are characterized by high productivity due to the deposition of land-derived
nutrients. The rivers deliver dissolved nutrients that stimulate production of algae, which
in turn are utilized by herbivores such as copepods. An additional significant nutrient
source is the decaying carcasses of spent sa1Ioon. McRoy and Stoker (1969) believe
that the organic matter derived from salmon is as important a nutrient source as
phytoplankton production. Organic detritus is another important nutrient source and can
be directly utilized by bacteria and detrivores, such as mysids and amphipods. These
primary consumers form the basis for a complex food web typically found in estuaries.
The rich feeding grounds are critical feeding areas for churn and pink sa1Ioon fry. For
example, salmon fry (primarily chum salmon during a sample period in 1979) feed in
and around the Duck Flats for at least a month (late April or early May) before moving to
the marine environment (Morsell and Perkins 1979). These estuarine areas are also
used by crabs, shrimp and a large number of deposit and filter-feeding invertebrates,
such as clams and polychaete worms, for both feeding and spawning. Marine fish and
birds are attracted by the high populations of prey organisms and are often
concentrated around estuaries at certain times of the year. For example, maximum or
high numbers of arctic terns, mergansers and horned grebes, all fish eaters, occurred at
the Duck Flats during the period of salmon fry out-migration ( late April to late May)
(Henming and Erickson 1979, Hogan and Colgate, 1980).

The estuaries are also critical migratory pathways for anadromous fish during juvenile
out-migration and return of mature adults. up to an estimated 143,000 adult sa1Ioon per
year passed through the eastern Port Valdez estuarine system in recent years.

Wetlands and Tideflats. The Alaska Coastal Management Program wetlands and
tideflats classification is a mix of fresh and saltwater habitats with and without
vegetation. Wetlands are considered vegetated areas that are partially submerged
either continuously or periodically. Saltwater wetlands are coastal areas along sheltered
shorelines characterized by halophytic hydrophytes (moisture-tolerant plants growing in
a saline soil) and macroalgae extending from extreme Iow tide to an area above
extreme high tide that is influenced by sea spray or tidally influenced water table
changes. Fresh water wetlands contain water of less than 0.5 pans per thousand salt



VCMP 2006 Amendment                            -37 -                              03/01/06
content and do not exceed 9 feet (3 meters) in depth. Tideflats are defined as both the
vegetated and unvegetated areas that are alternately exposed and inundated by the
falling and rising of the tide.

Saltwater wetlands and the associated tideflats are common in eastern Port Valdez, but
less common west of the Alyeska Terminal and Gold Creek. Major saltwater wetlands
and tideflats extend from the southwest portion of Dayville Flats to the northwest edge
of Island Flats. Additional significant wetlands and tideflats occur at Mineral Creek Flats,
Gold Creek, Duck Flats and Sawmill Spit (Crow 1977). Jack Bay also has extensive salt
marsh habitat at the head of the major roves.

The generally estuarine condition of Port Valdez is evident in the vegetation
communities of the salt marshes, as they show a fresh to brackish water character
rather than a marine character (Crow 1977). The diversity of these communities is quite
high, with about 28 to 30, frequently occurring species.

A variety of birds are associated with the salt marshes and tideflats. They use these
habitats as staging, feeding or nesting areas. Canada geese and numerous species of
ducks have been observed in many of the saltmarsh-tideflats communities around Port
Valdez. Because of its size, the Duck Flats marsh in particular has been identified as
important habitat for many species (McRoyand Stoker 1969, Hemming and Erikson
1979, Hogan and Colgate 1980). Fifty-three species of birds were reported from the
Duck Flats in 1979, with other marshes containing both fewer species and numbers.
Bird use of all saltmarsh-tideflat habitat in Port Valdez is highly seasonal; many species
migrate through the area only in the spring and fall, while other species, such as sea
ducks, principally use these marshes during winter .

Tideflats are associated with all the aforementioned salt marshes and the terminus of
Shoup Glacier. Tideflat habitats represent approximately 11 to 19 percent of the Port
Valdez shoreline (McRoy and Stoker 1969, Hogan and Colgate 1980). The Duck Flats
appears to be the most productive tideflat in this area, however this conclusion is based
primarily on circumstantial evidence (Lees et al. 1979). Starry flounder and diving duck
predation on mussels and clams appears to be high (Lees et al. 1979). Chum salmon
fry feed heavily on copepods over the tideflats in the vicinity of Mineral Creek Islands
(Morsell and Perkins 1979), and a variety of fish-eating birds, feed over the flats during
the salmon fry and adult migrations (Hemming and Erikson 1979, Hogan and Colgate
1980). The Duck Flats communities generally increase in complexity from the high to
ION tide level and from east to west. The central and eastern areas, however, appear to
be the most productive (Lees et al. 1979). The high level of observed predation on
tideflat invertebrates and fishes by other fish, birds and manuals at the Duck Flats is not
obvious at other tideflats, suggesting a higher density of prey at the Duck Flats.
Comparable data on other tideflats, however, are scarce or lacking .

Freshwater wetlands are primarily found in the Robe Lake watershed (Dames and
Moore 1979b), adjacent to Mineral Creek, the Lowe River and many of the drainages
between the Lowe River and Mineral Creek. The main freshwater wetland within the



VCMP 2006 Amendment                             -38 -                              03/01/06
Valdez boundaries covers the area formerly occupied by Robe Lake. Additional
wetlands are identified in the upper reaches of Brownie Creek and Corbin Creek
(Robe). These wetlands have received low study effort. The Robe Lake wetlands are
probably utilized as salmonid rearing habitat by juvenile Coho and sockeye salmon,
Dolly Varden char and as spawning habitat by three-spine stickleback (Williams 1979).
This wetland provides nesting and juvenile rearing habitat for dabbling ducks,
shorebirds, grebes, red-winged blackbirds and other marsh-nesting birds (Dames and
Moore 1979b). Perched wetland bogs are within the coastal district however these have
not been identified .

Rocky Islands and Sea Cliffs. Rocky islands and sea cliffs are defined as islands of
volcanic or tectonic origin with rocky shores and steep faces, offshore rocks, capes, and
steep, rocky seafronts. Rocky islands are represented by the Mineral Creek Islands,
Saw Island, Entrance Island, Bunch Island and Middle Rock, as well as by a variety of
apparently unnamed islands in Anderson and Jack Bays.

Seacliff habitat comprises approximately 18 percent of the Port Valdez shoreline, with
much of this habitat occurring in Western Port Valdez (Hogan and Colgate 1980).
Seacliff intertidal epifauna have been studied extensively in other parts of the
northeastern Pacific because of the strong zonation of organisms observable at low
tide. Areas specific to Port Valdez, however, have not been studied. In general, these
areas support h3.macles and mussels with associated predatory starfish and snails.
The subtidal habitat often contains kelp beds of mixed algal species and a variety of
invertebrates typically associated with rock substrate or kelp beds. The dominant
invertebrates include anemones, starfish, snails, shrimp, hermit crabs and polychaete
worms. Fishes typically found in rocky subtidal habitat are found at the base of these
islands or cliff habitats; for example, kelp greenling, black rockfish, wolf eel and lingcod
frequently inhabit these areas.

Some birds utilize these areas as both nesting and summer or winter feeding habitat.
Species commonly observed include Arctic terns, which nest on Mineral Creek Islands,
goldeneyes, pigeon gillemots and marbled murelets, which seasonally utilize these
areas primarily for feeding. Blacklegged kittiwakes and glaucous-winged gulls also are
abundant during the summer and use a unique rocky island habitat for nesting. The
island in the lagoon at the base of Shoup Glacier contains the fourth largest breeding
colony of blacklegged kittiwakes in Prince William Sound.

The eddies and rips formed around islands and steep points also serve to concentrate
schools of small pelagic fishes (i.e., herring and sandlance), often attracting predators,
such as salmon, piscivorous birds and marine mammals. Some marine mammals, such
as seals and sea lions, also use the islands and offshore rocks as hauling-out areas,
while seals, sea lions and sea otters use the surrounding subtidal areas for feeding. The
rocks in Valdez Narrows have been identified as important hauling out areas for harbor
seals .




VCMP 2006 Amendment                             -39 -                               03/01/06
Barrier Islands and Lagoons. Barrier islands are depositional coastal environments
formed by deposits of sediment offshore or coastal remnants that form a barrier of low-
lying islands and bars protecting a saltwater lagoon with a free exchange of water to the
sea. Classical barrier islands and lagoons are not found in Port Valdez but there are a
few coastal features with a morphology similar to that described. The morrainal deposit
at the mouth of Shoup Bay has acquired some characteristics of a depositional spit. A
similar feature, the spit at Gold Creek, appears to have been formed by coastal
processes. Both of these areas contain significant Arctic tern breeding colonies. The
man-made structure known as Sontag Spit has acquired some of the
characteristics of a spit, and three pairs of terns unsuccessfully nested there in 1979
(chicks did not survive). Canada geese are reported from the protected side of the
Shoup Bay spit, and gulls use all three spits.

Exposed High Energy Coasts. Exposed high energy coasts are defined as "open and
unprotected sections of coastline with exposure to ocean-generated wave impacts and
usually characterized by coarse sand, gravel, boulder beaches, and well-mixed coastal
water." The enclosed nature of Port Valdez precludes this habitat, as ocean-generated
waves are not present and there is insufficient fetch (distance over a water surface of
unobstructed exposure to wind) within the fjord to allow the generation of high waves.
Much of the coastline, however, does have coarse beaches (i.e., gravel or boulders or
bedrock), which are often associated with Alaskan high energy coasts. Up to 60 percent
are medium gradient sand or gravel beaches and 45 percent rocky beaches. Thus, in
this case, the term "high energy coast" will be used to define these predominant Port
Valdez shoreline habitats.

The flora and fauna of the rocky coastline is similar to that found on rocky islands and
sea cliffs, often dominated by rockweed, mussels, and barnacles. Limpets and small
snails are also abundant. Similar species assemblages are found in the coarse
gravel/cobble habitats. Pronounced zonation with tide level is evident in both habitats.

Various intertidal fishes inhabit these areas, but this group has not received much
attention. The invertebrate intertidal surveys have identified three species of common
intertidal fishes with same unidentified sculpins also reported. The fish species present
in the subtidal regions would be determined by the substrate present in the intertidal
region. Some species, such as members of the cod and rockfish families, fall into the
rocky intertidal region to feed at night during high tides. The adult sa1Iron migrate past
these areas, often in close proximity to the shoreline, during their
return migration.

The sand and gravel beaches are used by harlequin ducks and breeding Arctic terns,
while goldeyes, pigeon guillemots and marbled murrelets are found along the rocky
area. Bird densities along the rocky beaches are the lowest recorded in any Port Valdez
habitat.




VCMP 2006 Amendment                             -40 -                              03/01/06
Marine mammals frequently feed in the vicinity of these shoreline habitats. For example,
the area west of Dayville Flats to the Alyeska Terminal is identified as an important
feeding area for sea otters and harbor seals.

Rivers, Streams, and Lakes. At least 50 streams are reported to enter Port Valdez.
Over half of these streams are known to support runs of salmon. The three largest
rivers, Lowe River, Valdez Glacier Stream and Mineral Creek, are fed by glaciers and
have a braided configuration and highly turbid water in the summer. Most of the
floodplain is unvegetated gravel, with numerous channels weaving around and through
the abundant gravel bars. The small single-channel streams that flow through Old Town
and Mineral Creek Flats are former glacier-stream channels that n(1.'l' receive ground
water flow, resulting in year-round clear water. The numerous small clearwater streams
that originate in the mountains around Port Valdez are primarily snowmelt streams.

Lake habitat is rare in Valdez, with only three lakes of any size including Robe, Allison
and Solomon Lakes. There are a number of small pond-sized lakes, including Deep and
Crater lakes.

The Robe Lake system has undergone significant environmental change over the past
50 years. In the late 19301s a branch of Valdez Glacier Stream diverted into Corbin
Creek causing a rapid deposition of glacial sediments in Robe Lake. The silt quickly
reduced the depth of the lake and altered spawning habitat. In the late 19501s, a dike
was constructed that diverted Corbin Creek into Valdez Glacier Stream. Diversion of
Corbin Creek has reduced sedimentation, but the shallow depth, resulting from the
deposited sediment and increased water clarity allowing for increased photosynthetic
activity, has caused natural eutrophication of Robe rake to accelerate. The portion of
Corbin Creek downstream from the dike has retained some clearwater flow from
groundwater seepage.

Most of the clearwater streams within the Valdez boundary have suitable gravel for
salmon spawning, but the total area available for spawning is limited by the steep
gradients that occur above the intertidal zone. This spatial limitation restricts spawning
to the lower reaches of the streams, often only to the intertidal area, and results in the
large number of streams with small runs of salmon. The turbid glacial rivers are used as
migration corridors to the spawning areas in clearwater tributaries.

Pink salmon and chum salmon are particularly adapted to spawning in the lower
reaches, or intertidal areas of turbid glacial rivers. The fry do not rear in fresh water, but
migrate to sea shortly after emerging from the incubation gravel.

Coho salmon, however, spend one to two years in fresh water before migrating to sea
as smolts. As a result, they are found only in rivers that contain suitable rearing habitat
year-round. In Valdez, only two systems presently support Coho salmon - Lowe River
and Robe Lake. The Coho spawn in small streams, rear in clearwater areas during the
summer, and move to over-wintering areas in the rivers or lake during the winter. Smolt
out areas migration occurs in late spring after one to two years in fresh water.



VCMP 2006 Amendment                              -41 -                                03/01/06
Sockeye salmon populations typically require a river system containing a lake suitable
for rearing, although exceptions are known. Sockeye salmon fry typically spend one to
three years in a lake prior to smolt out-migration in the spring. Robe Lake provides the
only suitable rearing area for sockeye. The quality of this rearing area has declined
drastically in the past 50 years due to well-documented sedimentation from Corbin
Creek.

Previously, the Robe rake system supported runs in excess of 40,000 sockeye salmon
(ADF&G 1979); now the average run is approximately 5,000 sockeye. Within the Robe
lake system, sockeye spawn primarily in Brownie Creek, while the majority of the mho
spawn in Corbin Creek.

Other fish that utilize rivers or lakes include Dolly Varden char , eulachon, and three-
spine stickleback. Anadromous Dolly Varden char, found in most of the freshwater
habitats during certain times of the year, support a sport fishery. Eulachon are reported
from at least Valdez Glacier Stream and Siwash Creek, probably spawning in March
and April, but the size of the run is unknown (ADF&G, unpublished data). Sticklebacks
can occur as marine, estuarine and freshwater populations and provide important
forage to piscivorous birds and larger fish.

Most of the recorded eagle nests within the Valdez boundaries are associated with
nearby salmon-spawning streams. The existence of inactive nests near streams not
presently containing salmon has been used to indicate where salmon runs have been
lost. Concentrations of eagles occur along spawning streams during the salmon runs,
with up to 58 individuals counted along the Lowe River. Gulls congregate along and
around the mouths of streams at this time, leading to the peak recorded concentrations
of these species. Carnivorous mammals, including bear, river otter, and mink, also
gather to feed on the salmon, leading to increased concentrations of these species
during the salmon runs .

Allison and Solomon Lakes are high-altitude, glacier-fed lakes on the south side of Port
Valdez. Allison lake lies at an elevation of 1350 feet and Solomon lake is at 625 feet.
The streams connecting the lakes with the marine system have steep gradient with high
current velocities, restricting anadromous fish to the extreme reaches and intertidal
region. Fish are not known to occur in the lakes (USFWS 1980). Waterfowl use of the
Allison lake system is limited, but Canada geese are known to use the lake for resting
and nesting. Most mammals that are typically found throughout the Valdez area, except
noose, are known to occur in the Allison lake drainage (USFWS 1980) .

An additional important habitat associated with rivers and streams is the riparian
woodland found along the floodplains. In Valdez, this habitat is dominated by willow,
alder and cottonwood. These areas provide important willow ptarmigan and small bird
nesting and feeding habitat, and often provide bald eagle nesting habitat. The riparian
woodlands, particularly along the Lowe River and Valdez Glacier Stream floodplains,
contain most of the riparian woodland habitat in Valdez. The Mineral Creek floodplain



VCMP 2006 Amendment                            -42 -                             03/01/06
also contains a significant amount of this habitat. The other streams contain relatively
small amounts of riparian woodland habitat.

Important Upland Habitat. Much of the upland habitat within the Valdez boundaries has
steep slopes, which contain snow for much of the year. Recent glaciations has occurred
in many of the upland habitats. The combination of these factors reduces the value of
this habitat for many animals, and as a result, populations in these areas are
characterized by low numerical densities. The low-lying deciduous and spruce forests
provide a more productive habitat, but are generally limited to small areas along the
coastline. Areas of greater productive upland habitat include the triangle between the
Lowe River and Valdez Glacier Stream (containing Robe lake) and the Mineral Creek
alluvial fan. The Corbin Creek (Robe) and Brownie Creek watersheds, in particular,
contain the most diverse upland habitat and provide high-quality habitat for large
mammals and furbearers. Mountain goats can be observed at higher elevations, while
wolves, coyote, red fox, lynx and moose also occupy upland habitats and can occur in
the area. Black bear, brown bear, wolverine, black-tailed deer, river otter and mink have
been identified in this area.

Biological Resource Utilization

Offshore Areas. The biological communities found in the offshore habitat within the
Valdez coastal district are currently being utilized in the following manners (not in order
of importance):

Recreational fishing
Subsistence fishing
Scientific sampling

At present, commercial salmon fishing is not conducted within the Valdez boundaries,
as Port Valdez is a closed terminal area. The known herring spawning areas within the
Valdez boundaries are also closed to commercial harvest. Stocks of other species, such
as crabs, shrimp, and bottomfish, are too low to generate commercial interest. An
increase in the size of the salmon runs, however, could lead to increased commercial
fishing activity in the Port Valdez offshore region.    The Valdez Fisheries
Development Association (VFDA) is in the process of implementing plans to enhance
Valdez salmon runs. Project goals are for over six million adult salmon to return to the
offshore region (VFDA 1986). VFDA proposed a terminal harvest area, with closures in
the vicinity of selected streams, to commercially harvest excess fish under emergency
openings as needed (VFDA, unpublished report) .

Recreational fishing in the offshore area is directed primarily toward salmon. Creel
censuses have estimated effort in Port Valdez. The decrease in angler effort between
1974 and 1978 was due to a reduction in effort by nonresidents; efforts by Valdez
residents increased slightly (Williams 1979). As with commercial fishing the increased
salmon production proposed by VFDA should significantly increase the offshore sport
fishing activity in Port Valdez.



VCMP 2006 Amendment                             -43 -                               03/01/06
Subsistence salmon harvest within Port Valdez is presently low but can be expected to
increase if the salmon enhancement projects are successful. There is currently a minor
subsistence fishery for Dungeness crab in eastern Port Valdez.

Scientific sampling is currently being conducted in the offshore area by several
agencies, including the National Marine Fisheries Service (NMFS) Auke Bay laboratory
and the University of Alaska Marine Institute. These studies continue to investigate the
affects of the Alyeska ballast water treatment facility. They are confined to areas in the
vicinity of the Alyeska Marine Terminal.

Estuaries. There is currently little utilization of estuarine resources, mainly because
streams in Valdez are closed to salmon fishing. Sane fishing for Dolly Varden char
probably occurs in the estuarine areas in and around streams containing anadromous
runs of this species .

Wetlands and Tideflats. Migratory waterfowl tend to seek wetlands during their fall
migration, creating areas that are utilized by hunters. Waterfowl hunting would be
expected around Robe lake and Lowe River as well as sane of the smaller wetlands in
western Port Valdez and possibly Jack Bay. The wetlands at Duck Flats, being closed
to hunting, are used for nature study, photography, education activities and research .

The tideflats of Port Valdez are used primarily for research, education activities and
nature studies. Some harvest of bay mussels nay occur. NMFS maintains long-term
study sites at Mineral Creek Flats and Dayville Flats. The U.S. Fish and Wildlife Service
has a long-term interest in the Duck Flats wetlands, and has proposed AMSA
designation and management recommendations for this area.

Rocky Islands and Sea Cliffs. The current patterns and kelp beds often found around
rocky islands and sea cliffs tend to concentrate fish, which creates a focal area for sport
fishing. These rugged areas are quite scenic, often with seals, sea lions, sea otters and
sea birds, and attract photographers and sightseers. The subtidal cliffs and kelp beds
also are preferred areas for sport diving and underwater photography.

Barrier Islands and Lagoons. The sheltered waters behind barrier islands and spits
provide protected moorage and may be used as anchorages or harbors with associated
recreational activities.

Exposed High Energy Coasts. Although this is the dominant habitat in Port Valdez,
there is minimal resource utilization in these areas. NMFS has a number of long-term
study sites in this habitat, scattered around Port Valdez, which are directed at
monitoring long-term affects of the Alyeska Terminal. Some harvest of mussels may
occur. The principal use may be for nature study and photography.




VCMP 2006 Amendment                             -44 -                              03/01/06
Rivers, Streams and Lakes. All freshwater areas within the Valdez boundary are closed
for taking of salmon, considerably reducing the sport fishing effort in these habitats.
Freshwater sport fishing is directed toward Dolly Varden char, primarily during the fall
anadromous runs in the Robe Lake System and at various clearwater areas in the Lowe
River drainage. Small runs in other drainages receive less pressure. The riparian habitat
in the Lowe River floodplain provides good pta1:migan habitat and may be used as a
hunting area .

Important Upland Habitat. Utilization of upland habitat has not been extensively
documented. Big game harvest rates are low, restricted pri1narily to black bear and
mountain goat. This low harvest rate is due primarily to low densities of game animals in
the area. Waterfowl and upland bird harvests are undocumented. (1986 Valdez Coastal
Management Plan)

2.     Natural Hazard Areas
Map 4. Valdez Avalanche Zones
Map 5. FEMA Zones
Map 7. Mineral Creek Flats and Canyon
Map 8. Valdez Glacier Lake and Stream
Map 13. Old Town

       Avalanche Designated Area

One of the policies to be retained relate to avalanche – high hazard areas in the Valdez
Coastal District.

Chapter 17.47 A-H Avalanche Hazard District

17.47.010 Intent

The A-H district is intended to establish the high hazard areas within the city. Uses
within the A-H district will be restricted to maintain life safety by not allowing new or
expanded residential development within the designated areas.

17.47.020     Permitted principal uses.

A. The property described as Lots 19-31, Block 22, Mineral Creek Subdivision that have
the improvements removed after the effective date of the ordinance codified in this
chapter shall not be used for any use, except:

1. Underground installation of sewer, water and utilities;
2. Snow storage.

B. The property known as ASLS 70-1, Lot 1 and Lot 2, that have the improvements
removed after the effective date of the ordinance codified in this chapter, shall not be


VCMP 2006 Amendment                              -45 -                               03/01/06
used for any use, except:

1. Underground installation of sewer, water and utilities;
2. Snow storage;
3. RV parking between May 1st and November 1st. (Ord. 00-11 § 1 (part))

17.47.030     Permitted accessory uses and structures.

Uninhabited structures.

17.47.050 Prohibited uses and structures.

The properties described as Lots 19-31, Block 22, Mineral Creek Subdivision and ASLS
70-1, Lot 1 and Lot 2, are determined to be located in the high hazard avalanche zone,
and are subject to the following regulations:

A. Structures that remain within this high hazard avalanche zone after the effective date
of this chapter shall be deemed as prior existing to nonconforming structures and
subject to Section 17.52.040 of this code.
B. The habitable portion of any structure that remains after the effective date of this
chapter may not be enlarged.
C. Any habitable structure that remains within this high hazard avalanche zone after the
effective date of this chapter and is damaged to an extent of more than fifty percent of
its assessed value at the time of damage shall not be reconstructed or repaired.

       Flood Designated Areas

Flood Zone Info

Flood hazard parcels encompass only a few areas within the Valdez Coastal District.
These areas are Alpine Woods, two lots in Robe River and some undeveloped land.
The following is the Valdez Municipal Code regulations on these areas.

Chapter 15.30 Flood Hazard Protection Regulations

15.30.10 Intent
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:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood-control projects;
C. To minimize need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general projects;
D. To minimize prolonged business interruptions;
E. 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



VCMP 2006 Amendment                            -46 -                               03/01/06
hazard;
F. To help maintain a stable tax base providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume
responsibility of their actions.

15.30.020     Definitions

Unless specifically defined below in this section, words or phrases used in this chapter
shall be interpreted so as to give them meaning they have in common usage and to give
this chapter its most reasonable application.
―Area of shallow flooding‖ means a designated OA or AH zone on the Flood Insurance
Rate Map (FIRM). 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.
―Base flood‖ means the flood having a one percent chance of being equaled or
exceeded in any given year.
―Development‖ means any man-made 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.
―Existing mobile home park or mobile home subdivision‖ means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the mobile home is to be affixed
(including, at a minimum, the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is completed before the
effective date of the ordinance codified in this chapter.
―Expansion to an existing mobile home park or mobile home subdivision‖ means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the mobile homes are to be affixed (including the installation of utilities, either
final site grading or pouring of concrete pads, or the construction of streets).
―Flood Insurance Rate Map (FIRM)‖ means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
―Flood insurance study‖ means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood.
―Habitable floor‖ means any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for
storage purposes is not a habitable floor.
―Mobile home‖ means a structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. It does not include recreational
vehicles or travel trailers. The term includes, but is not limited to, the definition of mobile
home as set forth in regulations governing the mobile home safety and construction



VCMP 2006 Amendment                              -47 -                                03/01/06
standards program.
―New construction‖ means structures for which the ―start of construction‖ commenced
on or after the effective date of the ordinance codified in this chapter.
―New mobile home park or mobile home subdivision‖ means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or for sale for which
the construction of facilities for servicing the lot (including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete pads, and the construction
of streets) is completed on or after the effective date of the ordinance codified in this
chapter.
―Regulatory 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 a designated height.
―Start of construction‖ means the first placement of permanent construction of a
structure (other than a mobile home) on a site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footing, piers or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garage or sheds not
occupied as dwelling units or not as part of the main structure. For a structure (other
than a mobile home) without a basement or poured footings, the start of construction
includes the first permanent framing or assembly of the structure or any part thereof, its
piling or foundation. For mobile homes not within a mobile home park or mobile home
subdivision, start of construction means the affixing of the mobile home to its permanent
site. For mobile homes within mobile home parks or mobile home subdivisions, start of
construction is the date on which the construction of facilities for servicing the site on
which the mobile home is to be affixed (including, at a minimum, the construction of
streets, either final site grading or the pouring of concrete pads, and installation of
utilities) is completed.
Substantial Improvement.
1. ―Substantial improvement‖ means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of the
structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged and is being restored, before the damage
occurred. For the purpose 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.
2. The term does not, however, include either:
a. 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; or
b. Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.




VCMP 2006 Amendment                              -48 -                                03/01/06
―Variance‖ means a grant of relief from the requirements of this chapter, which permits
construction, is a manner that would otherwise be prohibited by this chapter.

15.30.030     General provisions.

A. Lands to which this chapter applies. This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the city.
B. 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 the City of Valdez‖ dated March 1980
with the Flood Boundary and Floodway Maps dated December 1, 1983 is adopted by
reference and declared to be a part of this chapter. The Flood Insurance Study is on file
at City Hall, 201 Chenega Avenue, Valdez, Alaska.
C. Warning and Disclaimer of Liability. The degree of flood protection required by this
section is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasion. Flood
heights may be increased by man-made 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 shall not create liability on the
part of the city, 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 lawfully made thereunder.

15.30.040     Administration

A. Establishment of Development Permit. A development permit shall be obtained
before construction or development begins within any area of special flood hazard
established in Section 15.30.030 (B). The permit shall be for all structures including
mobile homes, as set forth in Section 15.30.020, and for all other development including
fill and other activities, also set forth in Section 15.30.020. Application for a development
permit shall be made on forms furnished by the city building official and may include, but
not be limited to, plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing. Specifically,
the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including the basement) of
all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. That where floodproofing is utilized for a particular structure either:
a. A registered professional engineer or architect shall certify that the floodproofing
methods are adequate to withstand the flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the base flood, and a record of such
certificates indicating the specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the community,
b. A certified copy of local regulation containing detailed floodproofing specifications
which incorporate standard, accepted watertight performance standards shall be



VCMP 2006 Amendment                             -49 -                               03/01/06
submitted to the FIA for approval;
4. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
a. Assurance that the flood-carrying capacity within the altered or relocated portion of
any watercourse is maintained.
B. Designation of the City Building Official. The city building official is appointed to
administer and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
C. Duties and Responsibilities of the Building Official. Duties of the building official shall
include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements of this
chapter have been satisfied;
b. 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.
2. Information to be Obtained and Maintained.
a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest
habitable floor (including basement) of all new or substantially improved structures, and
whether or not the structure contains a basement. The development shall be
responsible for obtaining all elevations;
b. For all new or substantially improved flood-proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level),
ii. Maintain the floodproofing certifications required in Section 15.30.050, and
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
3. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact
location of the boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in subsection D of this section.
D. Appeal Board.
1. The planning and zoning commission as established by the city Charter shall hear
and decide appeals and requests for variances from the requirements of this chapter.
2. The planning and zoning commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or administration of this chapter.
3. Those aggrieved by the decision of the planning and zoning commission, or any
taxpayer, may appeal such decision to the city council.
4. In passing upon such applications, the planning and zoning commission shall
consider all technical evaluations, all relevant factors, standards specified in other
sections of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The availability of alternative locations for the proposed use, which are not subject to



VCMP 2006 Amendment                              -50 -                                03/01/06
flooding or erosion damage;
f. The compatibility of the proposed use with existing and anticipated development;
g. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
h. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
i. 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; and
j. 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.
5. Generally, variances may be issued for new construction and substantial
improvements 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 items set out in subsection (D) (4) of this section have been fully
considered. As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
6. Upon the consideration of factors of subsection D, of this section and purposes of this
chapter, the planning and zoning commission may attach such conditions to the
granting of variances as it deems necessary to further the purpose of this chapter.
7. The building official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
E. Conditions for Variances.
1. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
c. A determination 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 as identified in subsection D of
this section, or conflict with existing local laws or ordinances.
3. Any applicant to whom 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.

15.30.050     Standards

A. General Standards.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
b. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement
by providing over-the-top and frame ties to ground anchors. Specific requirements shall



VCMP 2006 Amendment                            -51 -                              03/01/06
be that:
i. Over-the-top ties be provided at each of the four corners of the mobile home, with two
additional ties per side at intermediate locations, with mobile homes less than fifty feet
long requiring one additional per side;
ii. Frame ties be provided at each corner of the home with five additional ties per side at
intermediate points, with mobile homes less than fifty feet long requiring four additional
ties per side;
iii. All components of the anchoring system be capable of carrying a force of four
thousand eight hundred pounds; and
iv. Any additions to the mobile home be similarly anchored.
c. An alternative method of anchoring may involve a system designed to withstand a
wind force of ninety miles per hour or greater. Certification must be provided to the city
building official that this standard has been met.
2. 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. All new construction and substantial improvements within B zones in/or adjacent to
Alpine Woods and Nordic Subdivisions shall have the lowest floor, including basement,
elevated to at least twelve inches above the highest adjacent grade of the building site.
i. Where there are hazardous velocities, consideration shall be given to mitigating the
effects of the velocities through proper techniques and measures.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into
floodwaters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage; and
d. Base flood elevation data shall be provided for subdivision proposals and other
proposed development, which contain at least fifty lots or five acres (whichever is less).
5. Review of Building Permits. Where elevation is not available, applications for building
permits shall be reviewed to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of the past flooding, etc., where
available.
B. Specific Standards. In areas of special flood hazards where base flood elevation data
has been provided as set forth in subsection B of Section 15.30.030, the following



VCMP 2006 Amendment                            -52 -                              03/01/06
provisions are required:
1. Encroachments, including fill, new construction, substantial improvements, and other
development within the adopted regulatory floodway that would result in any increase in
flood levels within the community during the occurrence of the base flood discharge
shall be prohibited.
2. Residential Construction. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement, elevated to or
above base flood elevation.
3. Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or nonresidential structure either have the lowest floor, including
basement, elevated to the level of 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; and
c. Be certified by a registered professional engineer or architect that the standards of
this subsection are satisfied. Such certifications shall be provided to the official as set
forth in Sections 15.30.040 (A)(3)(a) and (b).
4. Mobile Homes.
a. The placement of any mobile homes, except in an existing mobile home park or
mobile home subdivision, within the adopted regulatory floodway shall be prohibited.
b. Mobile homes shall be anchored in accordance with subsection (A)(1)(a)(iv) of this
section.
c. For new mobile home parks and mobile home subdivisions, for expansions to existing
mobile home parks and mobile home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction or improvement has
commenced; and for mobile homes not placed in a mobile home park or mobile home
subdivision, require that:
i. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of
the mobile home will be at or above the base flood level;
ii. Adequate surface drainage and access for a hauler are provided; and
iii. In the instance of elevation on pilings, that:
(A. Lots are large enough to permit steps,
(B. Piling foundations are placed in stable soil no more than ten feet apart, and
(C. Reinforcement is provided for pilings more than six feet above the ground level.
(Valdez Municipal Code)

NATURAL HAZARDS

Note: The term ―Geophysical Hazards‖ has been changed to ―Natural Hazards‖ in the
new regulations, therefore it has been changed in the following excerpt from the 1986
VCMP.

The City of Valdez, like many other coastal communities in Alaska, is subject to several
categories of potentially destructive Natural Hazards. Concern on the part of residents



VCMP 2006 Amendment                            -53 -                              03/01/06
about the extent and nature of such hazards is reasonable. Sensible community
development depends upon recognition of the constraints imposed by these hazards.

The objectives of this Natural Hazards study are threefold:

1. To identify (at the preliminary level) potential Natural Hazards;

2. To make preliminary maps showing the approximate geographic limits of these
hazards; and

3. To recommend a logical plan for further detailed studies, where appropriate.

These objectives were accomplished by a literature review, aerial photo interpretation,
preliminary field reconnaissance, and utilizing results of a detailed flood investigation.

This section is compiled from a limited review of existing literature, aerial photo
interpretation, a brief field reconnaissance, and abstractions from other Woodward-
Clyde Consultants' studies conducted in the Valdez area.

All of the data 'and information presented herein are preliminary. The boundaries of the
hazard area are based on interpretations of maps and aerial photographs, and have not
been field checked. Little information is available on recurrence intervals of avalanche
and mass wasting hazards. Little existing subsurface information is available to evaluate
the liquefaction potential of the granular deposits that underlie most of the flatter areas
in the Valdez area.

The term "geophysical hazard" is used here to describe, in general, the seismic, mass
wasting, avalanche, and flood hazards in the Valdez area. Seismic hazards refer to
dangers existing due either to the proximity of fault lines and the potential for failure of
poor foundation soils, or to the secondary triggering of mass wasting or avalanche
effects. Mass wasting hazards refer to the dangers of rock or debris slides. Avalanche
hazards are related to airborne or ground borne snow slides. Flood hazards refer to the
dangers of rock or debris slides. Flood hazards refer to storm surges, voluminous
rainfall, snow- melt/glacier melt, release of water from glacier-dammed lakes, and
tsunami or earthquake-generated seiche waves.

Most of the information on the accompanying preliminary maps was derived through the
interpretation of three types of aerial photographs: low altitude color stereo pairs; low
altitude black and white stereo pairs; and high altitude color infrared stereo pairs. A
detailed flood investigation was carried out concurrently with this investigation, and the
results are included here.

A preliminary field reconnaissance was made by helicopter. A limited ground
reconnaissance was conducted in the area between the airport and Mineral Creek. The
main intent of this reconnaissance was to examine avalanche zones before all the snow




VCMP 2006 Amendment                             -54 -                               03/01/06
had melted in the area. Thus, other things, such as mass wasting, lineaments, and
features covered by snow were not investigated during the reconnaissance.

The information and maps contained in this report are general guidelines for future
coastal planning, and are not intended to take the place of detailed geologic
investigations of specific sites.

4.1   REGIONAL SETTING

The new townsite of Valdez is 'located on the northeast end of Port Valdez, the
northeastern most extension of Prince William Sound. Port Valdez is separated from the
valleys of Interior Alaska by the steep slopes of the Chugach Mountains. These
mountains are characterized by rugged, steep-walled valleys containing an extensive
system of valley glaciers, and commonly rise abruptly from the shoreline. The steep
mountain walls extend below water level in Port Valdez, resulting in a steep-sided, flat-
bottomed trough 400 to 800 feet deep. Much of the Port Valdez shoreline is steep and
rocky, except for a few areas where deltas and moraines have been placed in the port
by rivers and glaciers. These depositional features provide most of the developable
areas of the City of Valdez. This setting is similar to many coastal communities in the
mountainous areas of Southcentral and Southeast Alaska.

The present geomorphology of Port Valdez is the result of a combination of extensive
tectonic forces, including regional uplift and intrusion of igneous rocks, and massive
glaciations. The tectonic forces at work in the Valdez area are associated with its
location within the circum-Pacific Seismic Belt and, more specifically, within a region
that has been identified as a tectonic subduction zone. The collision of two tectonic
plates in this region is believed to be responsible for the high seismic and volcanic
activity of the region.

The rocks of the Port Valdez region are mainly graywacke, slate, and argillite of the
Valdez Group, mildly metamorphosed locally to phyllite or greenschist facies. Since the
last glaciers that covered the region began to recede, these rocks have been
rebounding — rising upward. Both the depressing process and the ongoing rebounding
have created a complex system of joints (regularly occurring cracks) in the rocks. The
presence of these joints has played an important role in the geomorphic development of
the Port Valdez region.

Climate also plays an important role. The climate of Valdez is controlled by both cold
polar air masses and warm, moist maritime air masses. These combine to produce a
relatively high average annual precipitation, much of which occurs in the fall. Deep snow
accumulations build at higher elevations such as Thompson Pass (to the east of
Valdez), which receives a mean of 550 inches of snow annually. During winter many
freeze-thaw cycles may occur. The joints in the bedrock permit ample infiltration of
moisture which, upon freezing, wedges blocks and plates of rock apart. These
accumulate on the mountain slopes as debris.




VCMP 2006 Amendment                            -55 -                             03/01/06
Soil-forming processes have not made very much progress in the area. The dominance
of mechanical weathering and the steepness of the slopes have resulted in the
formation of only a thin mantle of soil. Below about the 2000-foot elevation, vegetation
dominated by alder shrub (Dames and Moore 1979) has been established to bind the
soils. Above this elevation, soil is rapidly removed by landsliding and soil creep, thus
retarding or preventing the development of soil-holding vegetation. Without benefit of
supporting vegetation, the accumulated debris is drawn down by gravity and
precipitation, causing active mass wasting.

4.2   POTENTIAL HAZARDS

The coastal zone in which Valdez is located is subject to several potential hazards.
Some of these are so infrequent as not to be of serious concern, and some are in areas
where other features such as terrain may restrict reasonable development. In the
following paragraphs the potential hazards associated with seismic events, mass
wasting, avalanches, and floods are discussed as they could apply to Valdez.

4.2.1 Seismic Hazard

Earthquakes are responsible for four basic types of hazards: ground rupture, ground
shaking, ground failure, and tsunami. Ground rupture is the opening of the ground
surface as the result of fault displacement or ground failures beneath this particular
zone. Ground shaking is the movement induced in the ground by the energy release of
the earthquake. Ground failure is the loss of strength of the ground by liquefaction,
sliding, and other effects of the earthquake shaking. Tsunamis are the seismic sea
waves caused by the energy release of the earthquake. There are eleven major active
fault systems within 150 miles of Port Valdez that are capable of "producing
earthquakes strong enough to affect Valdez. The dominant earthquake source is the
plate boundary that underlies the region around Valdez at a depth of about 12 km.

Earthquakes result from displacement or movements of rock along zones of weakness,
or faults. These displacements do not always propagate to the surface, but where they
do they can cause severe damage to structures that may overlie them. Faults are often
visible on aerial photographs as linear features (lineaments). However, not all
lineaments seen on aerial photographs result from faulting. A careful analysis is
required to distinguish those lineaments that are potentially related to faulting from
these that are not. Lineaments not related to faulting include stream erosional or
depositional features, and those of glacial origin. Lineaments in the Valdez area that
appear to be fault-related have been mapped. To confirm whether these lineaments are
faults and to assess their level of activity requires detailed ground geologic studies.
These studies will be hampered by the lack of obvious mapable geologic marker units,
soil or glacial deposits and the often-extensive vegetation cover. Although it may be
shown that the lineaments are not potentially hazardous faults or that the probability of
sudden displacements along these features is remote, until addition- al confirmation
studies are completed, these lineaments should be considered potentially hazardous
with respect to land use planning.



VCMP 2006 Amendment                           -56 -                              03/01/06
As for the hazards due to ground rupture, ground shaking, and ground failure, geologic
units, whether solid or unconsolidated, respond differently to the vibrations of
earthquakes. In many instances, structures located on soft ground have suffered
greater damage than structures on hard-rock formations. Water-filled alluvium or
saturated filled ground can magnify the amplitude of earthquake Shockwaves. For the
purposes of this preliminary study, the areas on the map indicating flood- plains, deltas,
or tidal zones are considered to have higher exposure to earthquake effects. In these
areas special engineering may be necessary for the construction of safe buildings. A
detailed geotechnical investigation would be needed to accurately differentiate all such
areas.

Most damage during the 1964 earthquake occurred along the shoreline of Port Valdez
and was caused by ground failures and seiches generated, in part, by submarine
ground failures. Ground shaking led to liquefaction of the unsupported delta deposits
and submarine sliding which in turn generated, or at least amplified, the seiches. Most
of the disturbance occurred within 1500 m (5000 ft) of the prequake shore- line. The
exception to this limit was the area southwest of Knife Ridge along the Dike (Dike Road)
south of Valdez Glacier Stream. In that area ground rupture and liquefaction were noted
as far as 2450 m (8000 ft) in from the prequake shoreline (DOWL 1979).

During the 1964 earthquake, submarine landslides occurred in at least two areas of Port
Valdez, the most important one being at the abovementioned delta front of Old Valdez.
Small submarine slumps off Shoup Spit at the western end of Port Valdez also
contributed to the seiche already oscillating in Fort Valdez. The seiche attained its
apparent maximum runup height, as indicated by high-water marks on the snow, of 170
feet above mean sea level at Cliff Mine near Shoup Bay (Coulter and Migliaccio 1966).
No traces of the 1964 tsunami or seiche damage could be discerned from the available
aerial photographs, even in Shoup Bay where the runup was reported to be high. A
detailed view of the 1964 earthquake and aerial photos taken shortly after the quake
may reveal zones affected by these wave phenomena.

The principal cause of damage to structures away from the waterfront was ground
rupture and failure liquefaction of the saturated sands and gravels underlying the
structures. About 40 percent of the homes and most of the commercial buildings in
Valdez were seriously damaged by resulting fissures which disrupted their foundations
(Coulter and Migliaccio 1966). The absence of evidence of damage due to waves,
ground rupture, or ground shaking to the single dwelling on the Mineral Creek alluvial
fan demonstrated its preferred location with regard to seismic stability (Coulter and
Migliaccio 1966).

The key conditions for high liquefaction potential are loose granular sediments and high
water table. Areas with these conditions have been subjected to disturbance during
previous earthquakes. Not all the areas depicted on the map have the same potential
for damage, and some areas where the liquefaction potential is high may have been
missed in this cursory study. The boundaries presented are generalizations of data



VCMP 2006 Amendment                            -57 -                              03/01/06
prepared by others. Zones that are shown as having a high potential for liquefaction
should be thoroughly investigated prior to placing structures in these areas. Also,
structures placed in these areas should be engineered to adequately withstand effects
of liquefaction predicted during site-specific geotechnical studies. The site of Old Valdez
probably has the highest potential for liquefaction, since it is located on an unretained
saturated delta front subject to submarine sliding, liquefaction, and subsidence. The
Mineral Creek delta to the west of New Valdez may have similar high potential. The
saturated lake deposits adjacent to Robe Lake may also have high potential for ground
failure. The Lowe River deposits constitute less of a hazard because they are more or
less contained (except at the mouth of the river) by steep valley walls which restrict their
movement; therefore, they are not included on the map.

In addition to primary seismic hazards, a common secondary effect of earthquakes is
the triggering of mass wasting and avalanche events that normally occur in smaller
quantities and at slower rates. The development of some of the larger scars on the map
was likely influenced by seismic vibrations.

4.2.2 Mass Wasting Hazard

Mass wasting refers to the down-slope movement of rock, soil, and other debris. Snow
avalanches could also be considered a form of mass wasting, but have been treated
separately in this study. Rock avalanches and mud flows are typical forms of mass
wasting found in Alaska. However, in the Valdez area, mass wasting is generally related
to rock falls and debris slides. Rock falls, in most cases, are associated with steep
slopes; accumulations of debris at the toes of slopes are limited to 20 to 30 feet from the
slope. Debris slides occur where thick de- posits consisting of combinations of soil, rock,
vegetation, water, snow, and/or ice accumulate on bedrock slopes. These can become
a major consideration during hazard assessments because large volumes of materials
can begin to slide at high speed and terminate great distances from the toe of the slope.

In Valdez, there are many slopes near 90°, which are generally due to past glaciation.
The predominant strike of foliation and/or bedding planes in the area appears to be in a
general east-west direction. The predominant dip is steep and to the north. In several
areas, such as Mineral Creek and at the Valdez Glacier Stream, these east-west
striking formations have been cut by north-south trending fluvial drainage courses,
which have left shallower valley wall slopes (near 40 to 50°). Most debris slides occur
on these flatter slopes, the character of the bedrock and the glacial scouring produced
numerous steps, which contain the limited debris moving downs lope. This limits the
material coming down the slopes to local rock falls. Debris slides and mass wasting on
the north and south-facing slopes are minimal, Obvious debris slides have been
mapped (Map 11). Occasional rock fall areas should be expected within about 100 feet
of any slopes steeper than about 40°. Rock falls can be contained, in most instances, to
minimize the potential hazard. Debris slides, on the other hand, may require extensive
and costly engineered systems to reduce their potential impact. Some of the smaller
debris slopes may not have been detectable on the aerial photographs. For this reason
caution is recommended in building any structures near steep slopes.



VCMP 2006 Amendment                             -58 -                              03/01/06
4.2.3 Avalanche Hazard

Because of the glaciations of Port Valdez and some of its tributary valleys, there are
many steep-walled mountains and consequent potential avalanche zones. As with mass
wasting, avalanches are more likely to occur where slopes are steep and where snow
can accumulate. The northern shore of Port Valdez between the airport and the city has
low avalanche potential. Here the steeply dipping slopes strike east west and have large
steps. The steps catch the snow sliding from higher elevations, thus protecting the lower
elevations between the airport and the new town. The near- vertical lower slopes
prevent the accumulation of snow at those levels. Certain areas within Mineral Creek
valley and other tributary valleys where fluvial erosion predominated are more prone to
avalanche because local slopes are shallow enough to permit accumulation, yet steep
enough to provide chutes. Keystone Canyon and its near-vertical walls are not
conducive to snow accumulation, and therefore have a lower hazard potential than a
canyon with more gradual slopes. The avalanche chutes in this area are generally
related to areas where erosion has lessened the grade.

Avalanches can be a high-frequency problem that will have to be handled thoughtfully.
Damage from avalanches is primarily to structures lying in the path of runout zones.
Construction near the ends of avalanche chutes or runout zones should be adequately
engineered to mitigate the hazard. Run out zones can be reduced in size by the
construction of retarding structures (mounds) and deflecting structures. There are also
supporting structures for avalanche starting zones. Avalanche control with explosives
and artillery can be considered in sane areas. These may eventually become viable
solutions since land available for development is so physically limited in Valdez.

4.2.4 Flood Hazard

Flood hazards include those due to tsunamis; storm surges; voluminous rainfall,
snowmelt, and glacier melt: and release of glacier- dammed lakes. Tsunami flooding is
defined in Subsection 4.2.1, Seismic Hazards; because Port Valdez is protected by its
orientation, tsunamis are not a likely hazard.

The main riverine flows in the developed and developable areas of Valdez come from
three sources: Valdez Glacier Stream, Mineral Creek, and Lowe River. In addition,
development has occurred adjacent to Robe River, and has been planned adjacent to
Corbin and Slater Creeks. The flood boundaries of these and the other waterways have
been indicated on Map 14. Floodways extending beyond the limits of the Valdez Flood
Study area (Keystone Canyon, Upper Mineral Creek) have not been mapped.

Storm Surge Flooding

Storm surges are relatively long-term, local increases in water level resulting from
offshore storms. Maximum hazard results when such a surge coincides with a maximum
tide. The City of Valdez is exposed to the hazard of combined storm surge/high tide



VCMP 2006 Amendment                           -59 -                             03/01/06
flooding due to winter storms in the Gulf of Alaska. Factors affecting storm surges
include coastline topography and climatologically characteristics, such as atmospheric
pressure, speed and direction of the storm center relative to the coastline, and the stage
of frontal development. Storm surges at Valdez may be affected by local conditions
such as the dissipative effect of flow through Valdez Narrows or the potential effects of
local winds amplifying or damping the water level of the storm surge.

Estimated combined storm surge and astronomical tide elevation in Port Valdez with a
100-year recurrence interval is 10.6 feet above sea level. Such flooding can occur along
the entire Port Valdez shore- line. Because of the steep terrain, the area affected by the
hazard is generally small. The relatively flat land of the river deltas allows for greater
flooding.

Ralnfall/Snowmelt/Glacler Melt Flooding

Floods occur in rivers as a result of a large input of water to the drainage basin in the
form of rainfall, snowmelt, glacier melt, or a combination of these inputs. In the Valdez
area, as well as most coastal areas of Southcentral and Southeast Alaska, the floods
due to snowmelt are typically lower in magnitude than those due to rain storms in late
summer or fall. Glacier melt is typically largest in late summer, increasing the potential
magnitude of late summer rainfall floods in glacial streams.

The primary factors that affect the magnitude of riverine flooding include the size of the
drainage basin contributing flow to the river; the amount and distribution of the
precipitation that falls on the basin; the size and location of lakes, wetlands, or other
water storage basins within the drainage basin; and the size and location of glaciers
within the drainage basin. Frequent river flooding should be expected in the
unvegetated flood plains of all the rivers in the area. Less frequent flooding occurs in
overbank areas adjacent to the rivers. Glacier-Damned Lake Release Flooding Glacier-
dammed lakes form when a stream is blocked by a glacier. Flooding occurs when lake
water develops an escape route through, under, or over the glacier dam. The escape
route enlarges, allowing the lake to drain rapidly.

Little is known about factors affecting flooding from glacier- dammed lakes. Some
potential factors include the mechanism by which the lake releases, the volume of water
in the lake, and the route through which the lake water travels before reaching the area
subject to flooding. The frequency of glacier-dammed lake releases is likely related to
the time necessary for the lake to fill and for a drainage channel to become blocked,
and the position and movement of the damning glacier.

Estimates of flood discharges resulting from glacier-damned releases combined with
potential concurrent rainstorm floods in the basins of Valdez Glacier Stream and Lowe
River are 46,000 cubic feet per second (cfs) and 59,900 cfs, respectively.

The above section was excerpted from the 1986 Valdez Coastal Management Plan.




VCMP 2006 Amendment                             -60 -                              03/01/06
3.     Designated Areas
       3.1    Shoup Bay and Trail System

Map 6. Shoup Bay and Trail System. Designated Recreational Area and Important
Habitat Area

Resources: Recreational uses
           Important habitat

Recreation

       Activities. Shoup Bay is a state park, which attracts tourists from Valdez.
Western Port Valdez is a major recreation resource of Valdez. Small boat recreation
and fishing is popular during summer months. Lack of facilities limits onshore use to
occasional landings and camping.

Coastal Habitat

        Barrier Islands and Lagoons. Shoup Bay spit is the only land form that can be
classified as a ―barrier island‖. Because it is unique in the district, material borrows or
other activities that could damage habitat should be prohibited.

Land Management and Status

      Land Management and Status. The area within the vicinity of Shoup Bay is
managed by BLM under multiple use guidelines. Some federal and state interest has
been shown in recreation use of Shoup Bay.

Transportation

       Marine. Construction and
operation of the City Port and future
industrial development will increase
tanker and container ship traffic in
Port Valdez.

       Increased recreational
boating and identification of onshore
recreation areas may require
construction of small boat mooring
and landing facilities. (1986 CMP)

Shoup Bay Trail, Section A.
Time: 4 hours round trip.
Distance: 6.5 miles round trip.


VCMP 2006 Amendment                              -61 -                               03/01/06
        Section A of the Shoup Bay Trail runs from the trailhead to Gold Creek Bridge.
This scenic tract transverses the West Mineral Creek flats, running through an alder
forest. It then opens out onto the grasslands after 8/10 a mile. Many wildflowers and
interesting prospects can be seen for the next 2/10 of a mile until the trail starts to climb.

After crossing 2 small streams the trail begins a steep ascent offering views of Valdez to
the east and Valdez Bay to the south and west. A steep descent brings one onto Gold
Creek and ten to the camping area and bridge. The trail to the left before the bridge
leads to a camping area with a firepit, restroom and food lockers. (Jim Shephard,
Valdez Parks & Recreation Department)

Shoup Bay Trail, Section B.
Time: 5 hours O.W.
Distance: 6.3 miles O.W.

Section B of the Shoup Bay Trail runs from the Gold Creek Bridge to the north end of
Shoup Bay. Starting from the bridge, the trail runs through a grove of spruce trees. It will
then start a gradual, and at times steep, climb to the divide overlooking Shoup Bay. This
section may be very muddy and difficult to follow at times due the overgrowth.
Spectacular views of Shoup Bay can be obtained from the divide. The trail continues
along the east side of the bay until the inner bay is reached. From this point there are
good views of the kittiwake rookery. (Jim Shephard, Valdez Parks & Recreation
Department)




VCMP 2006 Amendment                              -62 -                               03/01/06
      3.2    Mineral Creek Flats and Canyon

Map 7. Mineral Creek Flats and Canyon – Designated Recreational Area, Important
Habitat Area, Historical Area and Natural Hazard Area.
Resources: Recreational uses
              Important Habitat Area
              Historic area
              Natural Hazard Area




                           Mineral Creek Flats Area

Part of Valdez's heritage is located seven miles up beautiful Mineral Creek Canyon.
Established as a result of gold fever the same fever that gave birth to the town of
Valdez, the Stamp Mill stands a tribute to the efforts of early miners to strike it rich.
The Stamp Mill then and now is state owned, but W.L. Smith built it during the summer
and winter of 1913. It took a total of two men to work the stamp mill at all times.

Rocks and ore were sent on a car to the crushers. While the rocks were fed under the
stamps and being stamped, water was being mixed in. The mixture was then placed on
amalgamation plates and the gold was mixed in with mercury. After this step was
completed, the mercury was scraped off the plates. Next, a wood fire was built and an
iron retort was placed on the fire. This carried the mercury down a cooling pipe. The
mercury was then reused. The gold did not melt very much and it would remain in the
retort. The last step was to send it to the local bank.

During its first year of operation, the stamp mill produced 120 tons of ore and used only
two stamps that weighed a total of 1,200 lbs. (Valdez Vacation Guide 2004)




VCMP 2006 Amendment                            -63 -                              03/01/06
Mineral Creek Flats

Projected Resource Use and Activities

      Residential Development. Proximity to the downtown area and relatively level
land make this area a logical spot for residential development when the City’s
population expands. Conceptual design for a residential are has been completed.

Coastal Habitats

      Wetlands and Tideflats. The tideflats and coastal wetlands cross the mouth of
the Mineral Creek Flats area are important juvenile salmon areas. An eagle’s nest has
been identified at the mouth of Mineral Creek. These areas are sensitive to disturbance
from dredge and fill activities and sedimentation from upstream development. Activities
and use of municipal and private lands should avoid or mitigate these impacts.

      Rivers, Streams and Lakes. The small streams traversing the Mineral Creek Flat
area are sensitive to obstruction of fish passage and sedimentation caused by
construction. Development and accompanying access roads could cause both impacts.
Access across anadromous fish streams and development within proximity to
anadromous streams is regulated by local as well as state and federal laws.

         Important Uplands. The Mineral Creek Flat has been identified as an area of
upland habitat, but of lesser importance than Robe Lake and Lowe River uplands. It
has also been selected by the City of Valdez as one of the few areas suitable for
residential expansion. When expansion occurs, some upland habitat will be removed.
It is recommended to minimize clearing that greenbelts be identified prior to
development , particularly in the area bordering the mouth of Mineral Creek Canyon.
Setbacks would be maintained and greenbelts established to the extent possible.

Air and Water Quality

         Water Quality. Site preparation for residential development and transportation
facilities can cause increased sediment loads in streams. Because of the sensitive
nature of anadromous streams, such activities should take precautions to minimize
increasing sediment load in streams.

Natural Hazards

       Mass Wasting. Potential mass wasting areas have been identified on the steep
slopes northwest of Mineral Creek Flats. Due to steep terrain, it is unlikely that
development will occur in these areas. Because the degree of hazard can be
determined only by the site specific investigations, and mitigation measures are also
site specific, development within identified mass wasting zones should exhibit
appropriate site investigation and mitigation measures.




VCMP 2006 Amendment                            -64 -                              03/01/06
        Riverine Flooding. Mineral Creek experiences periodic flooding from heavy
rainfall and breakup. Flooding occurs along Mineral Creek and several of the small
streams in the Flats area. Because of its designation for residential development,
precautions should be taken when designing and siting development.

       Avalanche Hazard. Avalanche chutes and runout zones are present on the
steep slopes northwest of Mineral Creek Flats. Development is unlikely on steep
slopes, but should be sited away from runout zones.

Recreation

        Activities. The northwestern portion of the district has been identified as public
interest land, recreation management. Improved access with residential development
will increase recreation pressure on the area. Existing uses include skiing and
snowmobile in the winter and hiking in the summer.

        Facilities. Facilities would be developed if the area is developed as residential
including a Mineral Creek Greenbelt on the east and west sides of the stream and bike
trails.

Coastal Access

       Recreation Access. Mineral Creek and its floodplain provide boating and foot
recreation access. Development should maintain access through easements,
greenbelts or other appropriate measures.

Community Facilities

       Water and Sewer. Residential development will create demand for water and
waste disposal . Proximity to town and high water table makes connection to municipal
water and sewer service necessary.

      Other Services. Residential development will create a demand for electric,
telephone and solid waste removal services. Utilities should be placed underground
where feasible.

Mineral Creek Canyon

Projected Resource Use and Activities

       Mining. Several mining claims are located on both sides of Mineral Creek
Canyon. One mine is in operation and interest has been shown in activating other
claims, and may increase as economics make mining more attractive. New placer
mining claims are also being proposed in the canyon.




VCMP 2006 Amendment                             -65 -                               03/01/06
       Recreation. Already a popular summer recreation area, recreation use of Mineral
Creek Canyon will increase with population growth. Winter use of the area is also
heavy. A city groomed ski trail attracts cross country skiers. Snowmobilers also make
use of the area.

      Tourism. Proximity and access to town make this a tourism and wilderness
resource.

Coastal Habitats

       Rivers, Streams, and Lakes. The lower portion of Mineral Creek is an
anadromous fish stream and is sensitive to obstruction of fish passage and
sedimentation of spawning areas. Mining activities in Mineral Creek Canyon should
minimize increasing the sediment load of Mineral Creek and avoid damage to spawning
habitat downstream.

Air and Water Quality

      Water Quality. Mining can cause increased sediment loads in streams through
improper placement of spoils, tailing piles and water treatment. On-site measures
should be taken to avoid spoil avoid tailing piles in Mineral Creek and its tributaries.

Natural Hazards

       Avalanche Hazard. Steep slopes o both sides of Mineral Creek Canyon are
prone to avalanche in several locations. Placement of structures for mining or
recreation purposes should avoid avalanche chutes and runout zones. Where runout
zones cannot be avoided, placement of diversion structures in recommended.

        Mass Wasting. Potential mass wasting areas occur along the west-facing slopes
of Mineral Creek Canyon. Because the degree of hazard can be determined only by
site specific investigations, and mitigation measures are also site specific, development
within identified mass wasting zones should exhibit appropriate site investigation and
mitigation measures.

        Riverine Flooding. Mineral Creek experiences periodic flooding from heavy
rainfall and breakup. All activities within the floodway and floodway fringe are subject to
local laws.

Land Use, Management and Status

       Preferred Local Use. Recreation – natural setting, skiing, snow machining,
hiking, kayaking (lower section).

       Management and Status. Most of Mineral Creek Canyon has been designed
public interest land for recreation management. This designation may result in future



VCMP 2006 Amendment                            -66 -                               03/01/06
recreation facility improvements. Several valid private mining claims are located in the
area; reactivation may change with mining economics. Residential use of small tract at
the lower end of Mineral Creek Canyon is possible.

Recreation

        Activities. Mineral Creek Canyon has long been considered summer recreation
resource by Valdez residents. An old stamp mill located less than a mile from the end
of Mineral Creek Road attracts tourists as well as local residents. Mineral Creek Road
is also considered a scenic drive which attracts many people.

Coastal Access

       Scenic Corridor and Recreation Access. A gravel road up Mineral Creek Canyon
constitutes a scenic corridor and provides recreation access to both vehicles and hikers.
Use of this access will probably increase with population and tourism growth.

      Industrial Access. Should mining claims be reactivated the road up Mineral
Creek Canyon could be used for movement of equipment, supplies and ore.

Transportation

       Mineral Creek Road. A summer season road runs from the new town are seven
miles up Mineral Creek Canyon. The avalanche hazard poses severe problems to
keeping the road open year-round; summer access is partially maintained by DOT, but
road deterioration in the upper canyon restricts access. A recurrence of mining activity
could require increased maintenance or road improvements. The road is used by skiers
and snowmobiles in the winter.

Mineral Extraction and Processing

Mineral Extraction. Mineral Creek Canyon was the site of several productive gold mines
around the turn of the century; many of these claims are still valid but not currently
active. Rising gold prices have led to the reactivation of other dormant mines in Alaska.
And it is possible that claims in Mineral Creek Canyon will be mined in the near future.
Ore extraction and preliminary processing would occur on-site, with the concentrated
ore shipped elsewhere for refining. Mining would require disposal of spoil and tailing in
a manner that minimizes degradation of water quality as well as the scenic quality of the
canyon. (1986 CMP)

Mineral Creek Trail
Time: 1 ¼ hours round trip
Distance: 7.75miles round trip

      Mineral Creek Valley is one of the most scenic drives in the Coastal District. The
rough gravel road begins at the upper end of Mineral Creek Drive and runs for a



VCMP 2006 Amendment                           -67 -                              03/01/06
distance of approximately 5.5 miles before reaching a gate and parking area. With
mountains rising to over 5,000 feet and beautiful waterfalls on each side, the scenic
vistas can be overwhelming.

       About halfway up the road, a fork will be reached. The right hand fork leads to
the water where a small tram was used years ago to service the McIntosh Road house
(1912 era), which was located on the other side of Mineral Creek. The left hand side
continues up the valley.

       The W.L. Smith Stamp Mill is located at the end of the Mineral Creek Trail. This
mill was built in 1913 and used in conjunction with the Mountain King Mine, which was
located about 3,000 feet above sea level on the east side of Mineral Creek. (Jim
Shephard, Valdez Parks & Recreation Department)

       3.3    Valdez Glacier, Lake and Stream

Map 8. Valdez Glacier, Lake and Stream – Designated Recreational Area and Natural
Hazard Area

Resources: Recreational uses
           Hazardous Area

Projected Resource Use and Activities

       Industrial Project Site. A 1170-acre site on the east side of Glacier Stream has
been cleared and prepared. The site will remain as is, pending new opportunities for
industrial development.

       Valdez Industrial Site. The City of Valdez has identified an additional 1675-acre
industrial site on the west side of Glacier Stream, portion of this have been leased for
gravel extraction and a small portion has been subdivided (Glacier Industrial Park) into
five and ten acre parcels.

       Gravel Extraction. Gravel extraction has historically taken place with the Valdez
Glacier Stream floodplain. Leases have recently been renewed; upon their expiration in
1990, the city hopes to develop a gravel extraction plan that will allow for the optimum
development of gravel sites while not tying up valuable industrial development sites.

        Transportation. The airport and its link to the Port of Valdez will remain a vital
part of the City’s transportation industry. As industry development of city and private
land occurs, access will become more important.

       Residential. There is a mobile home park, which is operating with a high
vacancy rate. Other mobile home parks have been established in the area but have
been closed. With industrial development, these parks could be of importance in
providing quick, temporary or low priced housing.



VCMP 2006 Amendment                              -68 -                               03/01/06
Coastal Habitats

       Rivers, Lakes and Streams. Because of the high sediment load from the Valdez
Glacier, neither Valdez Glacier Stream nor its tributaries are anadromous fish streams.
Because of this floodplain, vegetation could be removed, as it is probably not important
habitat.

       Important Upland Habitat. Site preparation for a proposed industrial project
resulted in the loss of 800 acres of important upland habitat. No further loss of habitat is
foreseen in the near future, although other industrial activity could result in further site
clearing.

Air and Water Quality

        Air Quality. Major industrial development, such as a petrochemical complex, or
numerous smaller development may require mitigation measures to avoid deterioration
of air quality.

       Maintenance of air quality is partly a function of terrain, and of meteorological
characteristics such as inversions and air drainage off Valdez glaciers. Facility siting
and emission control equipment can be used more effectively with knowledge of these
functions. Further industrial development within the Valdez Glacier area should be
examined, both as to ability to meet state and federal air quality criteria on-site, and for
cumulative impacts on area air quality.

        Water Quality. Industrial
development will have one major
impact on water quality, which is the
increased surface runoff from facility
sites. Because the high sediment
load prevents surface use of Valdez
Glacier Stream and because it is not
an anadromous fish stream, the
impact on Valdez Glacier Stream
water quality would be minimal.
However, other anadromous streams
in this subarea would be considered
important habitat and would fall
under the conservation district.
                                                          Valdez Glacier, Lake and Stream

Natural Hazards

    Riverine and Glacier-Dammed Lake Outburst Flooding. Riverine and glacier-
dammed outburst flooding have historically occurred on Valdez Glacier Stream. All



VCMP 2006 Amendment                              -69 -                               03/01/06
activities within the floodway and floodway fringe are subject to the Valdez Flood Plain
Management Ordinance. Gravel extraction within the floodway and floodway fringe, if
conducted improperly, could cause the Valdez Glacier Stream to seek a new channel.
Downstream damage from such an occurrence could be substantial.

      Seismic Hazards. During the 1964 earthquake, an area of liquefaction was
observed along Corbin Creek and Valdez Glacier Stream near its highway crossing.

      Mass Wasting. Mass wasting along the steep slopes north of the airport and
west of the glacier terminus presents no hazards to existing development, and future
development in those areas is unlikely. The two areas to the east of Valdez Glacier
Stream, along Slater and Corbin Creeks, lie within municipal land zoned for industrial
development and should be developed so hazards from mass wasting are reduced.

       Avalanche Hazards. Avalanche chutes and runout zones occur along the steep
slopes north of the airport and Mineral Creek. They present no hazard to existing
development, but it is recommended that any structural development that may take
place on the northern side of the airport facility incorporate appropriate siting design and
construction mitigation measures.

Land Use, Management and Status

       Preferred Local Uses. Industrial – A petrochemical complex, small industrial
projects at Glacier Industrial park; small industrial projects at Glacier Industrial Park;
transportation – expansion of the Valdez Municipal Airport and industrial access roads;
mineral extraction – gravel extraction along Valdez Glacier Stream; energy facilities –
proposed gas liquids petrochemical plant site; recreation – bike path extension,
neighborhood parks, trails.

       Management and Status. Industrial and transportation related development has
been encouraged on municipal and private lands. State owned lands will most likely be
managed for transportation uses in the vicinity of the airport and for recreation on public
interest lands north and west of the airport. Use conflicts could occur between mobile
home residential use and industrial development.

Transportation

     Highway Improvements. Additional road access and improvements would be
needed with increased industrial development.

       Air Transportation. Airport improvements have recently been completed.
Additional space will be required to meet requirements for runway expansion,
warehouse and hangar space associated with industrial commercial aviation and port-
related development.




VCMP 2006 Amendment                             -70 -                              03/01/06
Recreation

       Activities. An increase in bicycling and hiking would occur if proposed facilities
are provided. Recreation management of public interest lands could result in
rehabilitation of the historic Valdez Glacier Trail. The proximity of the industrial sites to
recreation sites could result in conflict if not managed property.

       Facilities. Facilities proposed by the Valdez Department of Parks and Recreation
include a bike path extension to an outlying subdivision (Robe Lake) campground
improvements and rehabilitation of the Valdez Glacier Trail.

Energy Facilities

       Petrochemical Plants and Refineries. The City of Valdez has identified a 1675-
acre site on the west side of Valdez Glacier Stream as being suitable for gas liquids
petrochemical or other petroleum-related facility.

      Product Pipelines. Product pipelines could require rights-of-way in the Valdez
Glacier Stream area, if petrochemical development occurs in this area.

Gravel Extraction

       Existing Sites. Expansion of existing sites is underway to meet demand from
private construction projects and various highway construction and municipal capital
improvement projects. It is possible that improper extraction could cause Valdez
Glacier Stream to seek a new channel.

      New Sites. Three new gravel sites have been leased to private parties for
development. These sites vary in size and the degree of their development will depend
on demand.

Community Services

       Solid Waste Disposal. The City of Valdez has moved the municipal landfill
operation from its location at the sewage treatment facilities to the Valdez Glacier
Stream area. This site is expected to be full by early 1990’s. Other potential sites in the
area are limited by high ground water or by safety conflicts with the airport. Currently
the City is investigating a limited landfill permit in the same area to deal with
construction waste. (1986 CMP)

       3.4    Robe Lake

Map 9. Robe Lake – Designated Recreational Area and Important Habitat Area.

Resources: Recreational uses
           Important Habitat Area



VCMP 2006 Amendment                              -71 -                                03/01/06
Projected Resource Use and Activity

         Recreation. Downhill skiing on salmonberry ridge began in 1986; additional
facilities are anticipated as money becomes available. A cross-country ski trail is
located on the northwestern portion of the lake.

       Proposed AMSA Designation. The Robe Lake area was proposed as an AMSA
because of its importance as a recreation resource as well as for fisheries development
and critical habitat.

Coastal Habitats

        Rivers Lakes and Streams.
Euthrophication of Robe Lake will
continue to diminish quality of salmon
spawning/rearing habitat if action is not
taken. Robe River is an anadromous
fish stream and is sensitive to
obstruction of fish passage and
sedimentation.

                                            Robe Lake

       Wetlands. Extensive freshwater marsh and emergent wetlands provide nesting
and feeding habitat for waterfowl and shorebirds as well as serving to maintain water
quality.

       Important Upland Habitat. This area includes the most important upland habitat
in the Coastal Management District. Future residential expansion in the Robe River
Subdivision and from state land disposal could eliminate important habitat.

Natural Hazards

       Seismic Hazard. Water-saturated areas or wetlands are susceptible to
liquefaction during a seismic event. Wetlands north of Robe Lake would be subject to
liquefaction. A ground feature that appears to be a lineament, oriented northwest, is
located one mile east of Robe Lake. There is a potential for ground rupture along this
lineament, if it is a fault.

       Avalanche. Five areas of avalanche hazard have been identified on the south
side of Robe Lake.

      Mass Wasting. Four areas of potential mass wasting have been identified in the
Robe Lake area.




VCMP 2006 Amendment                            -72 -                            03/01/06
Land Use, Management, and Status

      Preferred Local Uses. Recreation – fishing, boating on Robe Lake, hunting I
upland habitat, development of cross country and downhill ski area; residential
expansion – Robe River Subdivision and development of state land disposal area.

       Management and Status. Much of land within this area is expected to remain as
state-owned Public Interest Lands, managed for recreation, fish and wildlife habitat and
watershed. It is possible that more state land disposal may occur in the area east of
Robe Lake, placing more land in private ownership. The majority of the area will
probably remain as open space, with some single-family residential and residential
mobile homes.

Transportation

      Highway. Increased use of the Richardson Highway associated with residential
and port-related economic growth will require highway widening, although this is not
foreseen in the near future. Private development of state disposal lands could require
access from the Richardson Highway. This is most likely in the area east of Robe Lake.

Recreation
As the only sizeable freshwater lake that is accessible by road, Robe Lake has excellent
potential for boating, fishing, and swimming. Rehabilitation of Robe Lake would
improve water depth, water quality and fish habitat thereby increasing the variety and
quality of recreation. Winter use of the area has recently increased wit the development
of a small downhill ski facility which includes a rope tow, groomed slopes and parking.
As use increases, facilities may be expanded. Cross country skiing is also proposed for
this area. (1986 CMP)

      3.5    Keystone Canyon and Trail System

Map 10. Keystone Canyon – Designated Recreational Area and Historical Area

Resources: Historic area
           Recreational uses

Keystone Canyon is located at miles 14 through 17 on the Richardson Highway. It is a
place of spectacular waterfalls, magnificent geology and fascinating history.

From 1910 to 1916, copper and gold mining flourished in the Valdez area. There were
attempts to build a railroad through the canyon and into the copper country. Rival
railroad corporations fought a gun battle in the canyon to secure a right-of-way-north of
Valdez. A tunnel, which was built at the time, can still be seen as you drive through the
canyon.

Projected Resource Use and Activities



VCMP 2006 Amendment                            -73 -                             03/01/06
       Richardson Highway Transportation Corridor. Potential highway improvements,
sole overland transportation route to Interior market areas for the City’s port and to other
Alaskan communities. Substantial improvements have recently been completed.

      Proposed Keystone Canyon State Park. This proposed state park encompasses
310,000 acres, with boundaries including Keystone Canyon and the Thompson Pass
area. Proposed facilities include interpretive signs and turnouts in Keystone Canyon.
However, neither local nor state agencies or organizations are pursuing this proposal.

      Proposed AMSA Designation. Keystone Canyon has been proposed as an
AMSA because of the potential conflicts that could occur between the recreation,
transportation and utilities that are in the canyon.

Natural Hazards

       Avalanche Hazard. Avalanche chutes and runout zones at several points on the
highway side of Keystone Canyon will continue infrequently to close the Richardson
Highway. The narrow canyon limits effectiveness of avalanche deflection devices and
the ability to relocate the highway outside of runout zones.

        Riverine Flooding. During high rainfall events, or other increases in flow
attributable to glacier-dammed lake release of breakup, the Richardson Highway may
periodically be inundated.

       Mass Wasting. Mass wasting throughout Keystone Canyon, presenting
infrequent falling rock hazards to vehicle traffic on the Richardson Highway. Occasional
debris slides will close the highway at the northwest end of the canyon.

Land Use, Management and Status

        Preferred Local Uses. Transportation – corridor to and from Valdez and the
Interior; recreation – scenic corridor with pullouts, picnic areas and the interpretive sign.
Hiking also occurs along the historic highway alignment.

       Management and Status. The area is currently classified as State Public Interest
land, proposed for inclusion in Keystone Canyon State Park.

Transportation

         Highway Improvement. Valdez citizens are concerned about the ability to
maintain and upgrade the Richardson Highway under state park status. The highway is
the only road link to the rest of Alaska, and vital to the operation of the municipal port
facility.

Recreation



VCMP 2006 Amendment                              -74 -                               03/01/06
       Proposed State Park Status. Historic significance and scenic beauty have led to
inclusion of this area in the proposed Keystone Canyon State Park.

        Activities. In addition to general sightseeing, the Canyon is used for hiking,
kayaking rafting (commercial) and climbing. Ice climbing has become a popular winter
activity.

       Facilities. Local residents and state officials have indicated a need for turnouts,
picnic areas, and interpretive signs. Recent construction has included the widening of
several turnout nearest the two major waterfalls.

Energy Facilities

       Existing Facilities. The Keystone Canyon area contains existing corridors for
pipelines and utilities important both to the local economy and national interests.
Should the need for expanded or new facilities arise, existing energy corridors may
require widening. (1986 CMP)

       Keystone Canyon Pack Trail
       Time: 2 hours
       Distance: 2.6 miles

        Partly due the extreme hardships experienced on the Valdez Glacier Route to the
interior, a military pack trail was proposed to extend from Valdez to Eagle City (Fort
Egbert) located on the Yukon River. The southern portion of the trail was ready for
packhorses on June 17, 1899. Starting from the gravel flat of Lowe River Valley, it
ascends the mountain with many switchbacks and turns in order to maintain a suitable
grade for horses and dogs.

        At various points along the lower track, the rock formations used to elevate the
trail above the swampy base may be seen. At approximately 7/10 of a mile a stream is
reached which exhibits the original crossing technique used at that time: retaining walls
(logs) and the space thus enclosed filled up with loose rock through which the stream
could pass.

      Occasionally glimpses of the original telegraph wire (#9, galvanized) may be
seen. This was installed during July 1900 and connected with Fort Egbert in 1902. Due
to heavy snow slides in Keystone Canyon, a submarine cable was installed in 1903.
This part of the original pack trail was in use from 1899 to just past the turn of the
century, at which time the northern section was widened for wagons.

       For some 90 years, the trail lay abandoned until it was relocated and cleared
during 1997 and 1998. The clearing was done with hand tools in order to retain
something of the original spirit of 1899.




VCMP 2006 Amendment                             -75 -                              03/01/06
Goat Trail and Wagon Road
Time: 2 ½ hours
Distance: 4.8 miles

        Because of the increased use of the 1899 Pack Trail, it was decided to upgrade
the trail in order to accommodate sleds, wagons, and eventually automobiles. The
Valdez Transportation Company was, by 1905, offering a nine day stage trip to
Fairbanks for $150. In 1913, the first automobile went from Valdez to Fairbanks over the
improved trail, even though the Goat Trail section was difficult to maintain due to snow
and rock slides. The Snowslide Gulch area posed a particular problem as massive
snowslides would remove or at least severely damage any bridge.

       The Goat Trail was in use as late as 1952 due to a major flood, which destroyed
the 317 foot Lowe River Bridge located just upstream from the mouth of Keystone
Canyon. What remains of the concrete piers can still be seen in the river bridge.
The last of the four bridges spanning Bear Creek was built in 1943. This 300 foot steel
arch bridge is a good example of World War II construction. (Jim Shephard, Valdez
Parks & Recreation Department)

      3.6    Solomon Gulch

Map 11. Solomon Gulch – Designated Recreational Area and Energy Facilities Area.

Resources: Recreational uses
           Energy Facilities

Coastal Habitat

      Rivers, Lakes and Streams. Solomon Gulch is an anadromous fish stream.
Salmon spawning habitat at Solomon Gulch is intertidal; use of the penstock and other
design features of the Solomon Gulch Hydro Project should maintain flow over
spawning areas and prevent habitat impact.

Natural Hazards

       Avalanche Hazards. An avalanche chute and runout zones occurs along
Dayville Road between Abercrombie Gulch and Solomon Gulch. This chute presents
no danger to the road and traffic. Structures, transmission lines and above-ground
pipelines should avoid avalanche chutes and runout zones, unless diversion devices of
other protection are placed in the runout zones. (1986 CMP)

Solomon Gulch Trail
Time: 2-2 ½ hours round trip
Distance: 3.8 miles round trip




VCMP 2006 Amendment                           -76 -                             03/01/06
                                          The trail climbs through a beautiful coastal
                                   spruce forest where it intersects with the Trans
                                   Pipeline Service (TAPS) road and continues to
                                   Solomon Gulch.

                                          During 1915, an aerial tramway, 5.25 miles
                                   long, was put into operation and ran from the beach,
                                   up Solomon Gulch, to the Midas Mine (Jumbo
                                   claim). More than 1,000,000 pounds of copper were
                                   produced before closing down in 1919.

                                          The tram was run by current that was
                                   furnished by the then local electric plant on Solomon
                                   Gulch. The present dam and power station were
                                   finished in 1982 and supply power to the Valdez and
                                   Glennallen areas during the summer months. (Jim
                                   Shephard, Valdez Parks & Recreation Department)


Solomon Gulch

      3.6    Jack Bay

Map 12. Jack Bay – Designated Recreational Area and Natural Hazard Area.

Resources: Recreational uses
           Natural Hazard Area

Land Use, Management and Status

       Preferred Local Use. Recreation – saltwater fishing and recreational boating,
hiking and camping; energy facilities – potential energy facility site in Jack Bay.

       State lands include those managed for watershed and recreation under public
interest lands classification and lands selected for community grant lands. Community
grant lands are selected primarily for expansion of existing communities or
establishment of new communities. As in the case of Jack Bay, they may be used for
municipal land selected or classified as public interest lands.

Transportation

      Marine. Construction and operation of the City Port and future industrial
development will increase tanker and container ship traffic in Port Valdez.

       Increased recreational boating and identification of onshore recreation areas may
require construction of small boat mooring and landing facilities. (1986 CMP)



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      3.7    Old Town

Map 13. Old Town – Designated Historical Area and Natural Hazard Area.

Resources: Historic area
           Historic cemeteries
           Natural Hazard Area

                                                                    On Good Friday,
                                                             March 27, 1964, the largest
                                                             earthquake ever to hit North
                                                             America struck Alaska. It
                                                             was the second largest
                                                             earthquake ever recorded,
                                                             second only to Chile in
                                                             1960. The epicenter of the
                                                             quake was 45 miles west of
                                                             Valdez and 14 miles under
                                                             the earth's crust. Initial
                                                             shocks lasting over five
                                                             minutes affected nearly all
                                                             of the coastal communities
                                                             of Alaska.

                                                                The magnitude of this
quake measured 8.4 - 8.6 on the Richter Scale and was reported as a 9.2 Moment
Magnitude (Mw). The massive shock waves ripped streets apart, damaged homes and
destroyed buildings in town. Two docks in town were completely destroyed. $15 million
dollars in damage was reported.

      The Valdez that exists today is a town rebuilt a four miles west of the original Old
Town. Valdez today, sits near the mouth of Mineral Creek. The geologists
recommended the Mineral Creek site because it sits on bedrock rather than on silty,
water-drenched soil. 52 buildings were moved and the other structures were burned
and the ground razed.

      The geologic instability of Old Town, which was constructed in the flood plain of
Valdez Glacier, was noticed in 1899 by Edward Gillete. Gillete was an engineer
working with Capt. W.R. Abercrombie.

      "Where the small town of Valdez has been hastily built there is danger at any
      time of having the buildings swept into the Bay by swift and quickly changing
      channels formed by the numerous streams flowing from uncertain and ever
      changing parts of the Valdez Glacier situated some four miles north of town,"
      Gillete wrote.



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       The drainage of Valdez Glacier not only put the town at flood risk, the water-
saturated silt, fine sand, and gravel created an unstable foundation that proved
disastrous when the big earthquake hit.

       Saturated, fine-grain soils often feel as solid as concrete until violently shaken. In
a process called liquefaction, solid ground suddenly acts as a liquid when earthquake
movement alters the delicate structure of fine-grained soils that are buttressed by water.
Liquefaction of the underlying soil of the Old Valdez waterfront caused an underwater
landslide. The rapid sluffing of 97 million cubic yards of soils under the ocean surface
caused a giant wave. The wave, estimated to be at least 30 feet high, slammed into the
Valdez waterfront. As the wave bounced off the other side of the bay, Old Town was
pummeled repeatedly. According to a plaque now standing on a house foundation at the
Old Town site, 32 people died as a result of the underwater landslide and resulting
waves. (Alaska Science Forum, Ned Rozell)

       It took from two to four years for the new Valdez to become home for Valdez
residents. Approximately 62 buildings were moved from the old Valdez to the new town
site. Homeowners paid a fee of $400 for lots because the Corps of Engineers, along
with Urban Renewal funds, replaced public facilities.

       For its efforts in rebuilding the new Valdez the city was voted an All America City
in 1965. Valdez was once again named an All America City in 1982 for its diversified
economic growth, which has stabilized today encompassing the oil industry, fishing, and
tourism. (Valdez Vacation Guide 2004)

      The 1986 Coastal Management Plan included the following resource inventory
information which will be updated during the plan amendment.

Projected Resource Use

       Light and Waterfront Industrial. The City of Valdez intends to utilize the Old
Town site for low-density industrial purposes. An 82 acre site has been identified as a
foreign trade zone site, however specific uses within this site have not been determined.

Coastal Habitat

       Wetlands and Tide Flats. It is unlikely that intensive waterfront development will
occur in Old Town due to the instability of the shoreline. Development that would occur
would have little impact other than minor loss of habitat, particularly since the area had
been extensively developed prior to the 1964 earthquake and is not considered highly
productive habitat.

       Rivers, Streams, and Lakes. Several anadromous fish streams occur in this
area. A salmon run has also established itself in the drainage from the sewer treatment
plant. Both these areas would be classified as important habitats and any development



VCMP 2006 Amendment                             -79 -                               03/01/06
would be required to meet standards in this plan as well as State and Federal
Standards.

Air and Water Quality

       Water Quality. As discussed under area wide water quality, the water quality in
this area of Port Valdez could be affected by cumulative effluent discharge. Outfalls or
any industrial source of effluent in this area should meet state and federal water quality
standards, and the cumulative impact on Port Valdez water quality should be
considered.

Recreation

      There is limited se of this subarea for recreation. However there is a plaque,
commemorating those who died in the 1964 earthquake, which is on the old post office
foundation. This site is not visited often do to its low visibility.

Natural Hazards

       Seismic Hazard. The seismic affects of the 1964 earthquake on Old Town were
well documented. The area has the potential for ground liquefaction and slumping of
the waterfront into Port Valdez during another seismic event. Since the state acquired
ownership, the Urban Renewal Agreement has restricted use of the area within the
dikes at the Old Townsite to nonstructural uses such as pipe storage. One of the
problems in determining permissible use of the area is that the area extent, magnitude
and frequency of the potential hazard and unknown. Without data, the course of action
has been to restrict use of the area, particularly in light of the damage done in 1964.

       A comprehensive seismic investigation of the area could help determine the area
extent, magnitude and frequency of hazard. Based on new knowledge and assessment
of seismic risk, structures could be sited and designed to minimize the consequences of
seismic event. This would allow greater utilization and appropriate siting and design
measures to be implemented.

       Seiche/ Storm Run-Up. The extent of the Seiche/Storm run-up has been
established at 12 feet. Loss of life and property damage could result from improperly
sited and designed development within this area.

Land Use, Management and Status

       Preferred Local Use. Light Industrial – warehouse and other low density uses
back from the waterfront: use of the FTZ site, expansion of the marshalling yard to
create a staging area; Waterfront Industrial – ship repair and other water related uses.

       Management and Status. Land management responsibility for the Old Town
area is unclear and needs to be resolved. Because of its waterfront location,



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transportation access and the limited amount of available level land in Valdez, the City
of Valdez would like to utilize the Old Town area. At this point, the original Urban
Renewal Agreement prohibits structural use of the area and allows use only on a case-
by-case basis.

Community Facilities

        Sewage Treatment. If a substantial population increase occurs associated with
industrial development, expansion of the sewage treatment facility will be required to
meet demands. Adequate space for expansion from three to six sewage treatment cells
is available. Doubling the treatment capacity would meet the needs of a population of
12,000.

      Water System. A port-Loop Road water treatment system project was completed
in 1983. Facilities include an insulated distribution line to the port, a water storage tank
and a distribution network in the Loop Road area. (1986 CMP)

       3.8    Trans-Alaska Pipeline

Map 14. Trans-Alaska Pipeline – Designated Energy Facility Area

The presence of crude oil on Alaska's North Slope was suspected for more than a
century. In 1968, Atlantic Richfield Company and Humble Oil (now Exxon) confirmed
the presence of a vast oil field at Prudhoe Bay. Within a year, plans were under way for
a pipeline.

In 1970 environmental groups and others filed suits to prevent pipeline construction.
Three and a half years of legal proceedings followed, during which the proposal to build
the pipeline was considered by the federal and state governments, including the US
Congress. No construction was permitted during this time.

Presidential approval of pipeline legislation provided the go-ahead to begin construction
on November 16, 1973. The 360-mile distance from the Yukon River to Prudhoe Bay
required a road to be built for transportation of equipment and materials. It was
constructed in 1974. At the same time work was begun on pump stations, the pipeline
work pad, and the Valdez Terminal.

The first pipe was laid in the Tonsina River, north of Valdez, on March 27, 1975. By the
end of 1976, an additional 428 miles of pipeline were in place; miles which included
Thompson Pass, a 2,678-foot high obstacle about 25 miles from Valdez

Pipeline employment reached its peak at 21,600 in August of 1975. By May of 1977, all
800 miles had been installed and tested. Oil entered the pipeline at Pump Station One,
at Prudhoe Bay, on June 20, 1977, and reached Valdez on July 28. On August 1, 1977,
the tanker "ARCO Juneau" sailed out of Valdez with the first load of North Slope crude
oil. The historic billionth barrel reached Valdez on January 16, 1980. And, in November



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of 1997, the 12 billionth barrel of oil reached Valdez.

The 48-inch diameter pipeline crosses three mountain ranges as well as forests, rivers,
and plains. More than half the line is elevated in sections ranging from about 30 miles in
length to the a few hundred feet. The remainder is buried underground.

The decision to elevate or bury the pipe depended primarily on soil conditions and the
possible effects of the pipeline heat on the soil. Normal burial was used in stable soils
and rocks, where thawing would not cause loss of soil support for the pipeline.
Additionally, special burial techniques were used in some short sections for animal and
highway crossings.

In places where melting permafrost might create soil stability conditions, the pipeline
was insulated, jacketed, and installed above ground. Thawing around the aboveground
supports in the most heat-sensitive areas was and is prevented by thermal devices that
carry heat up through the pipes to radiators on top of the supports.



                                               Aboveground sections were built in a
                                               flexible zigzag pattern in which longitudinal
                                               expansion or contraction of the pipe from
                                               heat or cold is converted into sideways
                                               movement. This also accommodates pipe
                                               motion induced by earthquake.
                                               At more than 800 river and stream
                                               crossings, the pipe bridges the waterway
                                               or is buried beneath it. And, at 151 points
                                               along the line, valves are installed to sop
                                               oil flow, if necessary. In particular, valves
                                               are located near key stream crossings,
                                               population areas, and major uphill sections
                                               of the pipeline.

                                               Throughout much of the life of the pipeline,
                                               crude oil was moved down the line by a
                                               series of ten operating pump stations. An
                                               additional facility provided oil control
                                               capability and could have become a pump
                                               station if expansion by the system had
been required. A twelfth station site was also available. Today only six of the original ten
pump stations are being used to move oil through the line.(Production of oil on the North
Slope has been declining because of the age of the oil fields, thereby reducing the
amount of throughput of oil in the line, and thus requiring fewer pump stations.)




VCMP 2006 Amendment                             -82 -                              03/01/06
The heart of each station is the main pump building that houses gas-turbine-driven
mainline pumps. Most stations have three pumps, each of which can move 22,000
gallons of oil each minute, or up to 754,000 barrels a day (one barrel equals 42
gallons).(Valdez Vacation Guide 2004)

       3.9    Valdez Duck Flats

Map 15. Valdez Duck Flats – Designated Recreational Area and Important Habitat
Area.

Resources: Important coastal habitat
           Recreational uses

       In 1992 the Valdez Coastal District approved a concept approved draft for the
Valdez Duck Flats Area Meriting Special Attention Plan. The plan was never finalized
as an area meriting special attention by the Coastal Management Program. However,
the resources still merit this area having specific policies written for it.

       The following information is from the concept approved Valdez Duck Flats Area
Meriting Special Attention Plan.

       The Valdez Duck Flats provides important and productive habitat for many fish
and wildlife species, and is a resource of scenic value to residents and visitors alike.
Fish and wildlife values were recognized in the Alaska Department of Natural
Resources Prince William Sound Area Plan, and have led to a proposal by the Prince
William Sound Conservation Alliance to make the Valdez Duck Flats a state critical
habitat area.

        In 1992 the City was looking at Dock Point and other areas in the vicinity of the
Duck Flats as part of a comprehensive recreation planning process. The Duck Flats and
adjoining shorelands are strategically located from the standpoint of harbor and
transportation facilities. Future expansion of the small boat harbor could take place
within the AM SA at Harbor Cove, and the City port facility lies on its southern edge.
The City has seen proposals for development of dry dock facilities at the port, and is
considering locating the Alyeska SERVS operations there. Alaska Pacific Refinery Inc.
has a lease at the eastern side of the dock for loading petroleum products should they
develop a refinery at the old Alpetco site. As additional marine industry-related growth
takes place, new demands could be placed on these facilities and the adjoining
shorelands.

       The complex land ownership pattern in the Duck Flats requires a cooperative
planning effort between the City, private owners, and state and federal agencies. Given
the diversity of resource values and potential uses of the Valdez Duck Flats and current
trends in federal and state permitting, particularly with regard to projects that could
require dredge and fill, place structures in navigable waters, or development in wetlands
areas, it makes sense to begin addressing these issues comprehensively through an



VCMP 2006 Amendment                            -83 -                              03/01/06
AM SA plan. This effort will build on previous studies of the area, including those by the
U.S. Fish and Wildlife Service (previous AM SA proposal), and the Department of
Natural Resources.

       The coastal boundary has been chosen for the following reasons:

       1.      It includes the important tideflats and wetlands that comprise and
contribute to the Duck Flats, and its use by waterbirds; and

      2.     It includes the anadromous fish streams and nearshore areas that are
important habitat for salmon; and,

      3.     It includes areas of economic importance to the City of Valdez for
purposes of port and harbor expansion, where development could affect the Duck Flats;
and,

       4.     As a planning area, it can be used to determine requirements for federal
permits, including the evaluation of alternatives for development, measures taken to
avoid and minimize impacts, and potential mitigation measures.

       A visually important component of the proposed AMSA is its importance as a
feeding, seasonal staging, and nesting area for birds, particularly waterfowl and
waterbirds. Late 1970's studies by USFWS and baseline studies conducted for
ALPETCO provide a good overview of use areas, numbers, diversity, and seasonal use
by birds.

       The Duck Flats AMSA area has substantial ecological value in that it provides
nesting, feeding, and staging habitat for a wide variety of birds, particularly waterfowl
and waterbirds. The saltmarsh and tidal mudflats habitat of the AM SA are most
important as a feeding area during spring and fall migrations of waterfowl and geese.
(Valdez Duck Flats – Area Meriting Special Attention)

      The 1986 Coastal Management Plan included the following resource inventory
information which will be updated during the plan amendment.

Projected Resource use and Activities

      Fish and Wildlife Habitat. Waterfowl staging and rearing areas, anadromous fish
spawning and rearing areas make much of this area critical habitat for fish and wildlife.

       Recreation. Passive recreation use of the area including bird watching and
sightseeing. A turnout for tourists on the north side of the Richardson Highway is a
popular area to watch salmon spawning.

      Community Facilities. Potential expansion of Valdez boat harbor on the
peninsula just east of the Valdez boat harbor has been discussed.



VCMP 2006 Amendment                             -84 -                               03/01/06
       Proposed AMSA Designation. The Duck Flats has been proposed as an AMSA
because of its importance as a critical habitat and potential conflicts with other activities
in or adjacent to the area. Chapter 8 describes this area in greater detail.

Coastal Habitats

       Offshore Areas. While no projects have been scheduled for the specific area,
construction of the city container facility and proposed construction of the proposed boat
harbor are facilities adjacent to the Duck Flats. The port facility was designed to
maintain circulation and fish passage into the Duck Flats. Construction of the
commercial boat harbor and operation of the container facility may result in temporarily
higher sediment levels and accidental hydrocarbon or bilge discharge.

       Wetlands and Tideflats. The Valdez Duck Flats are biologically important
wetlands, and are sensitive to dredge and fill, sedimentation and degradation of water
quality. Valdez boat harbor expansion has the potential for additional habitat loss.

      Rivers, Streams, and Lakes. Any change in the area should maintain fish
passage to spawning areas north of the Richardson Highway.

Air and Water Quality

       Water Quality. Valdez boat harbor construction bordering the area should
maintain water circulation patterns in and around the Duck Flats. With impaired
circulation, waste discharges without proper safeguards at the port and Valdez boat
harbor could degrade water quality and impact the biological productivity of the area.

Natural Hazards

        Avalanche Hazard. Avalanche chutes and runout zones occur in the northwest
corner of the area. While development in the are is unlikely, none should take place
within the chute or runout zone.

       Seiche/Storm Run-Up. The extent of seiche/storm run-up has been estimated at
12 feet. Loss of life and property damage could result from improperly sited and
designed development within the area.

Land Use Management and Status

      Preferred Local Use. Recreation – natural setting, bike path; fisheries – fish
hatchery; habitat – salmon and waterfowl habitat; expansion of waterfront related and
commercial uses in portions along the Richardson Highway on the western edge of the
Duck Flats.




VCMP 2006 Amendment                              -85 -                               03/01/06
        Management and Status. The area is primarily in state ownership; however, both
the city of Valdez and private individuals own land in the Duck Flats. Development
proposals for the private holdings are likely. Special management to accommodate
multiple use is recommended. To accomplish this the greater portion of the area (all
public lands) has been zoned as a conservation district whose uses are limited to uses
not affecting wildlife habitat. Such uses would include bird watching, photography and
other passive activities.

Transportation

      Access Roads. The proposed commercial boat harbor and any private
development bordering the Duck Flats would require construction of road access from
the Valdez boat harbor and Richardson Highway, respectively. (1986 CMP)


Dock Point Trail
Time:        30 minutes round trip
Distance:    ¾ miles roundtrip

         The Dock Point Trail, although rather short, numbers among one of the pretties
for its size. Close up views of a grass and wildflower meadow from the boardwalks,
along with spruce trees and ground dogwood, offer good photographic opportunities.
The West and East overlooks offer good views across Valdez Bay. An Eagle’s nest
located on one of the islands can be seen from the north side of the trail. A variety of
plant life makes this trail a nature lover’s delight. (Jim Shephard, Valdez Parks &
Recreation Department)

       The following tables are from the 1992 Valdez Duck Flats – Area Meriting Special
Attention Plan.




VCMP 2006 Amendment                            -86 -                              03/01/06
Table 1. Bird Species of the Valdez Duck Flats




VCMP 2006 Amendment                              -87 -   03/01/06
Table 2. Key Resource Values in the Valdez Duck Flats




VCMP 2006 Amendment                              -88 -   03/01/06
       3.10   Lowe River Delta

Map 16. Lowe River Delta – Designated Habitat Area and Natural Hazard Area.

Resources:           Important Habitat Area
                     Natural Hazard Area

Projected Resource Use and Activities

        Residential Development. Continued development within Alpine
Woods Subdivision, potential residential development of
state land disposal areas.

       Transportation . Realignment, widening, and general improvements of
Richardson Highway are scheduled over the next several years; potential airport
relocation.

      Recreation. Continued hunting and fishing, designation of Canyon Slough area
as potential site for downhill skiing, natural setting along river and Richardson Highway.

     Timber Harvesting. State Public Interest Land designation for timber
management.

      Gravel Extraction. Maintenance and possible expansion of Alaska Department of
Transportation and Public Facilities gravel extraction site.

Coastal Habitats

       River, Streams, and Lakes. Lowe River and nonglacial tributaries are sensitive
to obstruction of fish passage, and the tributaries are sensitive to sedimentation. Gravel
extraction and residential development could obstruct fish passage,

       Lowe River riparian vegetation is high-value habitat, and both timber harvesting
and state land disposal could result in habitat loss. Likely areas for loss of habitat to
occur are new residential areas and the State Land Disposal area across the Lowe
River from the Alpine \foods Subdivision.

        Important Upland Habitat. Timber harvesting and development of a State Land
Disposal site could result in habitat loss, particularly on the south side of the Lowe
River. This is one of two important uplands in the Coastal Management
District.

Air and Water Quality




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Water Quality. Without proper precautions, timber harvesting, residential development,
and other site preparation activities could increase sediment loads in tributaries to the
Lowe River. Surface and ground water quality is also
susceptible to improper siting and operation of on-site waste disposal systems.

Natural Hazards

       Riverine and Glacier-Damned Lake Outburst Flooding. The Lowe River
experiences periodic flooding from heavy rainfall, breakup, and glacier-damned lake
outburst. All activities within the floodway and floodway fringe of Lowe River are subject
to the Valdez Flood Plain Management Ordinance. More culverting is
needed along the Richardson Highway to promote drainage.

        Avalanche Hazard. Over 30 avalanche chutes, primarily associated with
drainages, have -been identified on the steep slopes of both sides of the Lowe River
valley. For the most part, these avalanche areas present no hazard to proposed or
existing development. Avalanches on the north side of the valley do not reach the
Richardson Highway. On the south side, avalanches occur in the vicinity of an alternate
downhill ski facility site and a State Land Disposal site.

        Mass Wasting. There is an indication of mass wasting occurring on the south
side of the Lowe River valley in several locations, including Canyon Slough and
Washbowl Basin.

Land Use, Management, and Status

        Preferred Local Uses. Transportation - corridor for the Richardson Highway;
open space - scenic views from Richardson Highway; residential - potential expansion
of the 10-Mile area, development of State Land Disposal Tracts; energy facilities -
corridor for pipeline and electric transmission line rights-
of-way; timber harvesting - State Public Interest Lands designated for timber
management; light industrial - an area of private land off Dayville Road has been zoned
for light industrial use; gravel extraction - Lowe River flood plain; recreation - hunting,
fishing, skiing (cross-country and potential downhill sites), snow machining, canoeing,
and kayaking.

       Management and Status. State - continued Public Interest Lands status for
recreation, timber management, fish and wildlife habitat, gravel extraction, state land
disposal; private - continued development within existing subdivisions and potential
development of lands transferred by state through land
disposal.

Recreation

      Activities. Continued low-density activities (skiing, hunting and fishing, snow
machining, hiking).



VCMP 2006 Amendment                             -90 -                              03/01/06
     Facilities. Selected alternative feasibility study site for downhill ski facility at
Canyon Slough.

Energy Facilities
       Pipelines. Additional or expanded right-of-way for gas liquids pipeline, looped oil
pipeline.

Community Facilities

       Water and Sewer. Future residential growth could exceed the capability of on-site
water supply and sewage disposal systems. Because of the distance from municipal
systems, package water supply, and sewer systems may be installed as service
demand increases.

Gravel Extraction

      Existing Sites. Continued extraction from Department of Transportation site at
Richardson Highway Milepost 15; reactivation of Trans-Alaska Pipeline Service
Company sites for additional pipeline construction if necessary.

      New Sites. Development of new sites for pipeline construction, access roads, as
appropriate.

Lowe River Use Classification

       Conditional Development. Floodway and floodway fringe of Lowe River;
important upland habitat identified; Lowe River and any future proposed State Land
Disposal areas, avalanche chutes and runout zones; and mass wasting areas. Public
Interest Lands classified timber management.




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Chapter 5. Implementation
This implementation chapter contains the following sections:

1.     Introduction
2.     District VCMP Participants’ Duties and Responsibilities
3.     General Consistency Review Information
4.     District Participation in State-coordinated Consistency Review
5.     District Coordination of Local Consistency Review
6.     Elevation Process/Local Appeals
7.     Planning for Major Projects
8.     Amendments and Revisions
9.     Monitoring and Enforcement

1.     Introduction
Organization

Valdez is a Home Rule City located in an unorganized District and is eligible to be a
coastal district in accordance with state law at AS 46.40.210 (2) (c).

Local Valdez Coastal Management Plan (VCMP) decisions and actions are the
responsibility of the Valdez Planning Commission. The VCMP Coordinator and the
Valdez Planning Director work with the Valdez Planning Commission to implement the
VCMP.

The point of contact for local consistency reviews involving the Valdez coastal zone
lands is the VCMP Coordinator.

Valdez Planning Department
Attn. Coastal District Coordinator
P.O. Box 307
Valdez, AK 99686
Phone: (907) 835-4313 ext. 227
Fax: (907) 835-2992

Subject Uses

In accordance with 11 AAC 100.010, land and water uses and activities in the coastal
zone that are subject to a consistency review and district enforceable policies include
the following:
 Federal activities affecting coastal uses or resources
 Land and water uses and activities requiring federal permits or authorizations (see
    11 AAC 110.400)



VCMP 2006 Amendment                            -92 -                             03/01/06
    Land and water uses and activities requiring state permits or authorizations

In addition, outside of the state consistency review process, there may be a local
consistency review for land and water uses in the VCMP coastal zone for land and
water uses and activities requiring local permits or authorizations.

Proper and Improper Uses

The Alaska Administrative Code under 11 AAC 114.260 requires that district plans
identify uses and activities, including uses of state concern, that are considered proper
and improper within the coastal area. The Valdez Coastal District has not identified any
uses which are categorically prohibited within the coastal boundary. Proper and
improper uses are determined by their compliance with performance standard policy
requirements.

All land or water uses or activities within the Valdez Coastal District are considered to
be proper as long as they comply with the policies of this coastal management plan, the
ACMP standards under 11 AAC 112, and applicable federal and state regulations. All
other land or water uses or activities are considered to be improper if they are
inconsistent with ACMP standards or the policies of this plan or if they do not comply
with or cannot be made to comply with applicable federal and state regulations.
Designated areas included in this plan identify specific land or water uses and activities
that will be allowed or not allowed.

Designated Areas
District policies related to natural hazards; energy facilities; subsistence; historic,
prehistoric and archeological resources; recreation; tourism; commercial fishing and
seafood processing; and habitat only apply to projects within designated use areas
identified in this plan.

Uses of State Concern
Uses of state concern are uses and activities that are considered to be of state or
national interest. A district cannot restrict or excluded uses of state concern unless they
provide ample justification for the exclusion or restriction within the district plan.

Alaska Statutes at AS 46.40.210(12) defines uses of state concern. In addition, the
former Coastal Policy Council issued Resolution Number 13 that specifies more
categories and criteria for uses of state concern. This resolution remains in effect until it
is superceded by statues or regulations or until it is formally rescinded by DNR.

2.      VCMP Participants’ Duties and Responsibilities
Valdez Planning Commission

The Valdez Planning Commission is responsible for local implementation of the VCMP.
The Planning Commission implements the VCMP when issuing consistency


VCMP 2006 Amendment                             -93 -                               03/01/06
determinations. The Planning Commission normally delegates authority to make
consistency determinations and recommendations to the Valdez Coastal Coordinator.
The Planning Commission has the following additional responsibilities.

   Monitor and assess consistency determinations issued on its behalf by the VCMP
    Coordinator.
   Review every year the VCMP and pursue changes if needed.
   Review every year whether the City of Valdez is appropriately implementing the
    VCMP.
   Submit every ten years the VCMP to OPMP for reapproval.         The submittal shall
    include an evaluation of the plan effectiveness and implementation, a presentation of
    any new issues, and a recommendation for resolving any problems that have arisen.

VCMP Coordinator

The VCMP Coordinator duties for administering the VCMP include the following list.

   Help applicants fill out the coastal project questionnaire (CPQ) including an
    evaluation of the district’s enforceable policies along with the boundary
    determination and educate them about the ACMP and the VCMP throughout the
    process.
   Ensure that information has been received in a timely manner by the parties involved
    in the consistency review process
   Determine if information received is complete and sufficient for a consistency review
   Decide which projects are routine and which projects have great significance to the
    coastal zone and should be reviewed and discussed with the Planning Commission
    (routine approvals will be processed by the VCMP Coordinator)
   Evaluate uses and activities that require local, state, or federal permits or
    authorizations for consistency
   Evaluate proposed projects against the enforceable policies of the Coastal Program
   Accurately assess the effect of applicable policies of the VCMP on the application
   Manage project information to ensure that it reaches all affected persons and
    organizations
   Draft effective, concise and comprehensive consistency determinations and
    recommendations and produce evidence in support of the conclusions reached
   Develop draft consistency comments and alternative measures for consideration by
    the Planning Commission, when necessary
   Integrate feedback from the local contacts and other interested parties into the
    VCMP’s consistency recommendation
   Coordinate consistency review activities with adjoining coastal districts where issues
    or activities of mutual concern are under consideration
   Prepare and submit the consistency recommendation in a timely manner
   Prepare quarterly and annual reports to the state, as required by the Valdez Coastal
    District ACMP grant agreement




VCMP 2006 Amendment                            -94 -                             03/01/06
    Facilitates and receives public input, and acts as an information resource concerning
     the VCMP

The VCMP Coordinator represents the Valdez Coastal District at meetings,
conferences, and in ongoing interactions with applicants, the general public and state
and federal agency staff regarding the VCMP.

3.      General Consistency Review Information
Because the State of Alaska has adopted the VCMP as amendment to the ACMP, the
VCMP is one of several reviewers that concurs or objects to an applicant’s consistency
certification to the coordinating agency during consistency review. Based on these
comments and on the policies and procedures of the ACMP, the coordinating agency
issues a consistency determination.

Two Types of Consistency Reviews

The enforceable policies in this plan form the basis for a determination of consistency
with the VCMP. There are two types of reviews: state-coordinated consistency reviews
and locally-coordinated consistency reviews. When a project is proposed, State ACMP
project reviewers determine which authorizations are needed. If the project is a federal
activity, or needs state or federal authorizations are needed. If the project is a federal
activity, or needs state or federal authorization, the State of Alaska reviews the project
for consistency with the ACMP. VCMP participates in the state-coordinated review. If
only local authorization is required (but not state of federal authorization), then VCMP
itself reviews the project for consistency with the ACMP, which includes both state
standards and local enforceable policies.

Determination of Consistency in Connection with Other Permits and Approvals

In addition to consistency, an applicant is required to obtain all other necessary permits
and approvals required in connection with a proposed project. A determination of
consistency does not guarantee or presume approval of any other federal, state or local
permit.

DEC ―Carveout‖

DEC’s air, land, and water quality standards are the exclusive standards of the ACMP
for those purposes. Issuance of DEC permits, certification, approvals, and
authorizations establishes consistency with the ACMP program for those activities of a
proposed project subject to those permits, certifications, approvals, or authorizations. A
project that includes an activity subject to a DEC authorization on the C list (see ABC
List next) may be subject to a coordinated review if the project includes a different
activity that is not subject to a DEC authorization but is the subject of an enforceable
district policy or another C-listed authorization. However, the specific activities subject




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to the DEC authorization are not within the scope of those project activities to be
reviewed.

In the case of a DEC single agency review, the scope of review is limited to an activity
that is the subject of a district enforceable policy. DEC Policy Guidance No. 2003-001,
January 7, 2004, contains the actual procedure by which DEC will participate and
coordinate in ACMP consistency reviews. This document is titled ―DEC Single Agency
Coastal Management Consistency Review Procedures and sets forth the ―Uniform
Procedures for Conducting a Coastal Management Consistency Review for Projects
that Only Require a [DEC] Permit or Contingency Plan Approval to Operate.‖

ABC List

The ABC List is a classification system of state and federal approvals that can
streamline the consistency review portion of the state permitting process for a proposed
project. The List is a compilation of state and federal authorization reviews found
categorically consistent with the ACMP, state and federal consistency reviews, and
authorizations that are subject to further consistency review by the state. The intent of
the ABC List (specifically the A and B portions of the List) is to reduce the amount of
time reviewers must spend on reviewing routine individual projects, allowing them to
concentrate on more complex projects that require more involved ACMP consistency
review.

The ABC List actually breaks down into three lists:

   The A List represents categorically consistent determinations- approvals of activities
    requiring a resource agency authorization, when such activities have been
    determined to have minimal impact on coastal uses or resources.
   The B List has been broken into two sections. Section I of the B List represents
    generally consistent determinations – approvals for routine activities that require a
    resource agency authorization, when such activities can be made consistent with the
    ACMP through the application of standard measures. Section II of the B List
    includes nationwide permits and general permits that have been found to be
    consistent with the ACMP.
   The C List represents those permits that are subject to an individual consistency
    review.

Projects do not always fit neatly into just one of the three lists. Some projects need
authorizations that fall under more than one list. For these types of projects OPMP will
make the determination of how much review will be required.

Federal Authority and Consistency Determination

In accordance with federal law, the Valdez District coastal zone excludes all federal
lands and waters within its boundaries.




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However, the federal government is not exempt from the ACMP or the VCMP. Federal
law requires federal agencies, whenever legally permissible, to consider State
management programs as supplemental requirements to be adhered to in addition to
existing agency mandates.

First, federally licensed or permitted activities affecting the coastal zone must be
consistent with the ACMP including the VCMP.

Secondly, federal license and permit activities described in detail in Outer Continental
Shelf plans and affecting the coastal zone must be consistent with the ACMP including
the VCMP.

Lastly, all federally conducted or supported activities, including development projects
directly affecting the coastal zone must be consistent to the maximum extent practicable
with the ACMP, including the VCMP. Federal activities are any functions performed by
or on behalf of a federal agency in the exercise of its statutory responsibilities. This
term does not include the issuance of a federal license or permit. Federal development
projects are those federal activities involving the construction, modification, or removal
of public works, facilities or other structures, and the acquisition, utilization, or disposal
of land or water resources. The phrase consistent to the maximum extent practicable
means that such activities and projects must be fully consistent with such programs
unless compliance is prohibited based upon the requirements of existing law applicable
to the federal agency’s operation.


4.     City Participation in State Coordinated Consistency Review
Procedure

The point of contact for state and federal consistency reviews involving the VCMP is the
Office of Project Management and Permitting (OPMP). OPMP addresses are:

Southcentral Regional Office                              Central Office
550 W 7th Avenue, Suite 1660                              302 Gold Street, Suite 202
Anchorage, AK 99501                                       Juneau, AK 99801
(907) 269-7470/Fax (907) 269-3981                         (907) 465-3562/Fax 465-3075

The state consistency review process is in state regulations at 11 AAC 110. The VCMP
participates in that process as an affected coastal district. A brief discussion of the
VCMP role in the state consistency review process is described in this section.
However, applicants should obtain current information of the state consistency review
process from OPMP.

The VCMP strongly recommends that applicants who seek state or federal permits for a
major project in the coastal zone request a pre-application meeting prior to submitting
such communication and facilitates fair and informed consistency review.


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The coordinating agency will notify the city of a pending consistency review. In
requested, the city will participate in determining the scope of review of a proposed
project, based on the city’s enforceable policies.

Upon the notification from the coordinating agency of a pending consistency review, the
VCMP Coordinator will determine whether the project information is adequate to allow
the city to concur or object to an applicant’s consistency certification. If more
information is required, the city will notify the coordinating agency and identify the
additional information required.

Permit Application Meeting

During a consistency review, the VCMP Coordinator may contact the coordinating
agency to request a meeting to resolve issues. The purpose of the meeting is to
discuss coastal management and permitting issues of the proposed activity and to work
toward resolution of issues of concern and potential conflicts. This meeting should be
scheduled no later than 10 days after notification of the action is received by the VCMP
Coordinator. At a minimum, representatives of the coordinating agency, the Valdez city,
affected major landowners, the applicant, affected interest groups and organizations,
and affected resource agencies will be invited to participate. Depending on the nature
of the activity and travel constraints, the meeting may involve a meeting or
teleconference. Subsequent work sessions may be beneficial to reaching early
consensus on the consistency determination. Scheduling a permit application meeting
does not change the final consistency review deadline of ninety days as directed in 11
AAC 100.265.

Consistency Comments

During the period allowed to review and consider the proposed use, the Valdez Coastal
District will prepare written comments on the applicant’s consistency certification. In
preparing a consistency review comment the district will comment on consistency with
state standards. In order to be considered by the coordinating agency, district
comments must be in writing and must
 state that the district concurs with the applicant's consistency certification and
    explain why or
 identify that the district objects to the applicant's consistency certification.

If the district objects, the district must
 identify and explain why the proposed project is inconsistent with specific state
     standards or district enforceable policies and
 identify any alternative measure that, if adopted by the applicant, would achieve
     consistency with the specific state standard or district enforceable policy.

Alternative measures are project conditions proposed by a state resource agency or
coastal district that, if adopted by the applicant, would make the project consistent with


VCMP 2006 Amendment                             -98 -                              03/01/06
either state standards or district enforceable policies. If the district proposes alternative
measures, they must explain how the alternative measure would achieve consistency
with the specific enforceable policies in question.

When the consistency review is routine in nature and the Valdez Planning Commission
does not need to take action, the VCMP Coordinator will issue the district’s consistency
comments on behalf of the Planning Commission.

Upon receiving notice of local, state, or federal permit application, the VCMP
Coordinator will notify the mayor/ city manager of any agencies that could potentially be
affected by the proposed action. The VCMP Coordinator will also determine if major
landowners will be affected by the proposed action and will contact their representatives
to identify concerns and special conditions for development.

The VCMP Coordinator will ensure that local concerns are solicited and appropriately
incorporated in the district’s consistency comment. Local input to the consistency
comment must be received promptly in order to meet the state review deadlines. The
district will consider such input in developing comments and alternative measures
regarding the consistency of a proposed project. Where local concerns cannot be
incorporated in the district consistency comment, the VCMP Coordinator must provide
justification for this decision to the local contacts involved.

Public Hearing During a State-coordinated Consistency Review

Any person or affected party may request that the coordinating agency hold a public
hearing on a project or activity undergoing a consistency determination by providing
adequate justification for the request as specified in 11 AAC 110. During the initial
consistency review, the VCMP Coordinator, in consultation with the Planning
Commission and affected parties, may decide that the scope of a project will require a
public hearing. If a public hearing is needed, the VCMP Coordinator will submit a
written request to the coordinating agency that they hold a public hearing and outline
the need for such a hearing. The coordinating agency will review the request to
determine if it is based on concerns not already adequately addressed in the review. If
a public hearing is held, the ninety day deadline in 11 AAC 110.265 for the completing
the consistency review is unchanged. The coordinating agency should be consulted for
the exact schedule.

Changes in the Nature of a Permitted or Approved Activity

Per 11 AAC 110.280, an applicant that proposes a modification to an activity for which a
final consistency has been issued must submit a new coastal project questionnaire to
the agency that coordinated the consistency review. The modification is subject to
another consistency review if the modification will have significantly different effects
than the existing use on the resources of the Valdez coastal zone and if a new
authorization or change in authorization is required.




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Due Deference

Due deference is a concept and practice within the consistency review process that
affords the commenting review participants the opportunity to include, review, or refine
the alternative measures or consistency concurrence if they have expertise in the
resource or the responsibility for managing the resource. The district and resource
agencies are provided deference in interpretation of policies and standards in their area
of expertise or area of responsibility. First, in order to be afforded due deference, the
district must have an approved district plan and have commented during the
consistency review. Then the district may be afforded due deference if no resource
agency has specific authority or expertise and if the district can demonstrate expertise
in the field. A district doesn’t have to have a specific policy that applies to the proposed
project under review. The district may comment on the consistency of the proposed
project within the state standards.

If the coordinating agency rejects the comments of the district or any alternative
measures that the district might seek to have imposed on the application in connection
with a consistency determination, the coordinating agency must provide a brief written
explanation stating the reasons for rejecting or modifying the alternative measure.
Note: this requirement only applies when the coordinating agency disagrees with the
district on issues involving the interpretation and application of the VCMP.

5.     District Coordination of Local Consistency Review
Under the provisions of AS 46.40.100, actions and approvals by local governments are
also subject to consistency with approved district coastal management programs. In
some cases, a proposed action requiring a municipal permit or approval will also need a
state or federal permit, and the federal/state consistency review will take place at the
state level. Sometimes, a proposed action will only require a municipal permit and no
state or federal permit. In such cases, the municipal government is responsible for
reaching the consistency determination.

Uses Subject to Local Consistency Review
All uses that are proposed in the Valdez District coastal zone that do not require federal
or state authorization or that is not a federal activity will require a determination of
consistency from the Valdez District if they are among the following local subject uses:
      All land and water uses requiring a permit or approval in accordance with Valdez
       District Code 18.110.
      All land and water uses requiring a permit or approval in accordance with the City
       of Valdez Code zoning 15.150.

Valdez District procedures for local consistency determinations are simple and are
designed to quickly determine whether a proposed use is consistent with the Valdez
District VCMP.

Application Procedure and Time Line


VCMP 2006 Amendment                             -100 -                              03/01/06
There is no separate application for a local consistency determination under the Valdez
District VCMP. Rather, the applicant desiring to undertake a subject use applies to the
Valdez District or City of Valdez (depending on where the use is to be located) for the
required land use permit or approval. When an application involves land within the
Valdez District coastal zone, but outside of the City of Valdez, the land use permit
application usually provides the Valdez District with the information required in order to
make a VCMP consistency determination. When an application involves land within the
City of Valdez, the City Planning Department will determine what information is
required.

Local Consistency Determinations Inside the City of Valdez

Subject uses within the City of Valdez that do not require a state or federal authorization
or that is not a federal activity will have a local consistency determination made by the
City of Valdez. The uses listed as permitted for each zoning district within the city,
under the City of Valdez's zoning ordinance, shall be deemed to meet the Valdez
District VCMP Valdez Land Use Area policy requirements for subject uses that do not
require a state or federal permit. Rezoning, conditional uses, and new subdivisions are
actions that require local consistency determinations by the City of Valdez based on the
policies of the Valdez Land Use Area.

Reviewing certain actions for coastal consistency under a municipal zoning and
subdivision ordinance does not make these land use controls part of the Valdez District
plan and subject to state review and approval. Therefore, amendments to the local
zoning and subdivision ordinances will not require an amendment to the approved
Coastal Program; however, the local zoning and subdivision ordinances may not conflict
with the district Coastal Program.

The Valdez District strongly recommends that applicants who seek authorization from
the City of Valdez for a major project requiring local consistency review request a pre-
application meeting before submitting the application.

6.     Elevation Process/Appeals
Elevation of State Consistency Determination
Elevations of a consistency determination issued by a coordinating agency follow the
procedures established under regulations at 11 AAC 110.600.

Appeal of Local Consistency Determination Outside the City of Valdez
The applicant, or any aggrieved person, may appeal the Valdez District's consistency
determination to the Valdez District Planning Commission or Assembly, in accordance
with the procedures established for the appeal of the underlying zoning permit or
approval in the Valdez District zoning ordinance. Subsequent appeals may be made to
the Superior Court in accordance with the procedures established in the Valdez District
zoning ordinance.


VCMP 2006 Amendment                            -101 -                              03/01/06
Appeal of Local Consistency Determination Inside the City of Valdez
The applicant, or an aggrieved party, may appeal the City of Valdez's consistency
determination in accordance with the procedures established in the City of Valdez's
zoning ordinance for the appeal of the underlying permit or approval.

7.     Planning for Major Projects
Introduction

Certain types of activities can significantly impact coastal resources and create major
changes within the Valdez District coastal zone. The Valdez District is interested in
participating in agency planning for large scale development projects and land
management decisions. A consistency determination for a major project often takes
place after the planning process is completed, which may mean that substantive
decisions concerning the use have already been made. Conflicts that could have been
avoided by mutual agreement early on become costly in terms of time and effort spent
on resolving differences later on. To avoid this, major project planning establishes the
following objectives:

      Valdez District VCMP policies should be considered as early as possible in
       planning for proposed major uses.
      Problems and potential consistency conflicts should be addressed and resolved
       prior to the application stage.
      Prior resolution of differences should speed the issuance of subsequent permits
       or approvals.

There are three procedures that are strongly encouraged for major activities of area-
wide concern: (1) pre-application meetings, (2) permit application meetings, and (3)
local partnership in planning activities. Participation in these procedures has the
following objectives:

      Apply coastal management policies early in project or plan development.
      Address problems and potential consistency evaluation conflicts prior to the
       permit or approval stage.
      Speed up subsequent permits or approvals through early resolution of issues.
      Ensure the compatibility of future planning projects with the approved Valdez
       District VCMP.

Major Projects

The following types of activities and actions are considered to be major activities of
regional concern:

      Oil and gas exploration, development, and support activities
      Land disposal and subdivision of land over 100 acres in size


VCMP 2006 Amendment                            -102 -                              03/01/06
      Transportation/utility facility and corridor designation or construction
      Mineral exploration or development (projects requiring development of new
       airstrip or roads, major energy generation or transmission facilities, slurry
       pipelines, port facilities, extensive overburden or tailings disposal areas, offshore
       mining, or significant stream diversion)
      Large scale sand, rock, and gravel extraction (greater than 25,000 cubic yards)
      Transportation, storage, cleanup, and disposal of hazardous substances
       (including the Defense Environmental Restoration Act Program and other federal
       sites)
      Development of management guidelines for subject uses and activities on
       National Wildlife Refuges, National Parks and Preserves, and State of Alaska
       Critical Habitat Areas
      Development of management guidelines for subject uses and activities on Native
       Corporation lands
      Industrial projects, including fish processing and petroleum product storage and
       transfer
      Construction or major additions to military facilities within the Valdez District

Local Participation in Planning Activities

Local participation in state and federal planning activities that affect the allocation of
resources in the Valdez District coastal zone benefits everyone involved. State and
federal agencies should invite representatives of the Valdez District Planning
Commission, coastal zone communities, and major coastal zone landowners and land
managers to take part when conducting regional planning and resource allocation
studies. The Valdez District Planning Commission will assist in the identification of local
representatives who are capable of ensuring that the plans that are developed
accurately reflect local concerns and have credibility both in the District and in state
government.

Pre-application Meeting Between Valdez District and Applicant

At least 60 days prior to filing a permit application for a federal, state, or local permit or
approval or proposing action on a disposal or management plan, parties involved in
activities on the "major project" list are strongly encouraged to present a plan for
activities to the Valdez District Planning Commission and other participants in the
consistency review process. This meeting is not part of a state-coordinated consistency
review and is optional.

Developers of large industrial projects allow for sufficient lead time between their plan
presentation to the Planning Commission and filing the permit application so that key
issues can be addressed in project planning and permit applications submitted. It is
recommended that presentations include the following information, which the
prospective applicant may submit to the Valdez District in any format desired that
conveys the following information clearly and in sufficient detail.



VCMP 2006 Amendment                              -103 -                              03/01/06
     Project Description. The description should consist of a narrative describing
      the proposed use or activity.
     Site Description. The description should include information about the property
      as it currently exists, including such items as size, exiting structures, vegetation,
      topography, and any other features that may be a factor in the design of or
      operation of the proposed project.
     Owner, Sponsor or Developer. The name of the agency, activity, business
      enterprise or person who will own the use should be provided, along with the
      name of other operators, if any.
     Location and Size. The location and size of the proposed project should be
      identified. A map, prepared at the most appropriate scale, and which may initially
      be hand drawn, should be provided showing the location of the proposed use
      and any structures, roads or alterations planned for the area. As the significance
      or complexity of the proposed project increases, the Valdez District may, in its
      discretion, determine that professionally prepared maps and other documentation
      are needed at the time of application.
     Construction Schedule. The dates of any construction or other preparatory site
      activity should be given.
     Operation Schedule. The dates, times, and, if applicable, seasons of operation
      should be given.
     Special circumstances. Any special circumstances that exist that effect
      decisions made should be described.
     Impact Assessment. The prospective applicant's assessment of the impact on
      Valdez District coastal zone resources that will be created by the proposed use
      should be given.
     Statement of Consistency. The applicant should provide a sufficiently detailed
      statement demonstrating that he or she has assessed the project against
      applicable Valdez District VCMP policies and believes that the proposed use is
      consistent with the Valdez District VCMP. Supporting material, such as studies
      and assessments supporting the prospective applicant's assertions, should be
      submitted to support any area where compliance is not apparent. Written
      justification for deviating from any applicable Valdez District VCMP policy should
      be provided in the event that the proposed use does not comply with one or more
      of the pertinent policies.
     Mitigation Measures. Any actions or measures that will be undertaken to bring
      a nonconforming proposed use into conformity with the policies of the Valdez
      District VCMP should be explained.

The Valdez District recommends that the applicant provide the following additional
information in connection with proposed uses that are of large size, occupy a large land
area, involve intensive activities, or are generally complex in nature:

     Statement of Local, State or Federal Need. Information supporting the public
      need and necessity for, and the benefit to be gained from, the project;
     Alternative Sites. Consideration of alternative locations outside the Valdez
      District coastal zone.


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      Alternative Size and Scope. Consideration of a reduced size and/or scope of
       the project.
      Alternative Development Schedule. Consideration of alternative construction
       and site preparation times.

Within 30 days of notification that an applicant would like to make a presentation, the
VCMP Coordinator will notify affected villages, major landowners, the general public,
and other consistency review participants and will work with these groups to hold the
presentation meeting. As appropriate, discussions may follow the presentation to
identify issues and conflicts that need to be addressed prior to permit review and
preparation of the Valdez District consistency comment. The CMP Coordinator and
Planning Commission will be available to work with developers in project planning. The
CMP Coordinator may provide a written summary to the developer outlining major
consistency concerns and policy issues. Copies will be sent to OPMP and the
coordinating agency. All pre-application meetings sponsored by the Valdez District are
open to the public, and public notice of the meeting will be provided. The Valdez District
will notify appropriate state agencies in advance and invite them to attend.

After the applicant's presentation, discussions will be held to identify issues and conflicts
that need to be addressed prior to the submission of a formal application. Following the
meeting, the Valdez District will undertake additional pre-application work with the
prospective applicant in project planning on request.

8.     Amendments and Revisions
Every five years, the CMP Coordinator should initiate a local review of the approved
coastal program. This formal review gives residents, developers, affected communities,
and local landowners an opportunity to become familiar with the plan and its policies
and to propose amendments. Changes can keep the Coastal Plan up to date and
relevant. Some adjustments may be made to coastal zone boundaries or land use
districts based on new information. Policies may be further refined and standards
adopted to facilitate the consistency review process. More detailed plans developed for
special areas, such as Areas Meriting Special Attention (AMSA), may be incorporated
into the Valdez District VCMP after state and federal approval.

In addition, after completing any regional planning efforts, the Planning Commission
may evaluate amending the Valdez District VCMP to include pertinent policies,
classifications, and resource data developed through the specific planning process.
The Valdez District Assembly must approve all amendments to the Valdez District
VCMP. The Commissioner of DNR and the federal Office of Ocean and Coastal
Resource Management must also approve any amendment to the Valdez District
VCMP. The process for amending the Valdez District VCMP is contained in regulations
at 11 AAC 114.
Two processes are available to the Valdez District for amending its plan. The minor
amendment process quickly incorporates minor changes. The significant amendment



VCMP 2006 Amendment                             -105 -                              03/01/06
process provides a more thorough review for important changes. Examples of changes
that are a significant amendment to the Valdez District VCMP are:

1) New policies or changes to existing policies
2) Alteration to the coastal zone boundaries
3) AMSAs or ACMP special management areas
4) Restrictions or exclusions of a use of state concern not previously restricted or
excluded

9.     Monitoring and Enforcement
AS 46.40.100 gives state resource agencies and municipalities enforcement
responsibility for provisions of the Alaska Coastal Management Program. If an
applicant fails to implement an adopted alternative measure or if the applicant
undertakes a project modification not incorporated into the final determination and not
reviewed under 11 AAC 110.800- 820, it is a violation of the Alaska Coastal
Management Program. The responsibility for enforcing alternative measures carried on
state and federal permits rests with the permitting agency. The Valdez District strongly
encourages the state to enforce alternative measures and bring violators into
compliance.

District policies and ACMP standards are implemented at the state level through
alternative measures incorporated into the project description. The ACMP does not
issue a separate coastal permit but relies on existing state authorities. Thus, state
monitoring and enforcement of the ACMP occurs primarily through agency monitoring
and enforcement of alternative measures on their permits. A district can assist in this
process by monitoring projects and providing information to appropriate state agencies.

The CMP Coordinator and the Planning Commission have first-hand knowledge of local
concerns and issues related to development activities. The CMP Coordinator and
Planning Commission may, within legal and logistical constraints, assist agencies and
municipalities in their monitoring and compliance efforts. The intent is to ensure that
alternative measures associated with the Valdez District VCMP are carried out in the
development process.

The CMP Coordinator is the key individual in monitoring projects to ensure that
alternative measures are carried out in the development process. The CMP
Coordinator and Planning Commission will rely on community input in monitoring
implementation of alternative measures. Individuals, local governments, and
landowners in the Valdez District coastal zone may report suspected violations to the
CMP Coordinator, Planning Commission, or state and federal resource agencies. The
CMP Coordinator will investigate reports of violations and follow up with appropriate
action to ensure state or federal enforcement. The CMP Coordinator and Planning
Commission will work with state and federal agencies in monitoring and enforcement
and provide responsible agencies with copies of local reports on noncompliance. This




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will include adherence to permit conditions, cooperative plans and the policies of the
Valdez District VCMP.

If a subject use requires a zoning permit or approval from the Valdez District, the District
will carry on its zoning permit all conditions placed on the subject use in the consistency
determination. The City of Valdez shall do the same for subject uses requiring a zoning
permit or approval from the City. In such instances, the permitting state and/or federal
agency will share concurrent jurisdiction with the Valdez District (or City of Valdez), and
either or both may seek to enforce the conditions placed on the subject use.




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Chapter 6. Public Education and Outreach
The City of Valdez wants to ensure that local knowledge and public needs are heard
and considered when local coastal resources and way of life might be affected by a
development proposal. Here are some other education and outreach opportunities that
the Valdez Coastal District intends to consider as use to ensure public outreach.

     Request general ACMP publications from OPMP and make sure these are
      available to local residents. The city plans to apply labels with local contact
      information to each of the these publications before putting them out in the city
      office area.

     Help applicants fill out the coastal project questionnaire and educate them about
      the ACMP and VCMP through out the process.

     Use public service announcement (radio and newspaper) flyer, newspaper ads,
      and phone calls to encourage the input from residents during the review of the
      projects.

     Encourage local residents to communicate with the coastal district coordinator
      about coastal issues.

     Talk to legislators about the ACMP benefits the people, local coastal resources
      and the local economy.

     Provide local news and volunteers to write articles for OPMP’s quarterly
      newsletter Coastal Currents and the ACMP website.

     Develop a city coastal management web site and provide a link to the ACMP
      website. Once this website is regularly providing information considered
      important by the locals, the VCMP Coordinator plans to develop a promotional
      strategy for getting the word out about this important source.

     Make it a point to receive training on how to facilitate the ―Discover the Zone
      Coastal Management Game for Kids‖ from OPMP and offer to train local
      teachers or other environmental educators or facilitate the game in local
      classrooms.

     Participate in state, federal and natural resources planning efforts.

     Encourage planning commission members to participate in education and
      outreach efforts, and provide them with the resources they will need to do this.

     Use the OPMP as a resource.


VCMP 2006 Amendment                            -108 -                             03/01/06
Bibliography
1.    ACMP Regulations – 11 AAC 114 Plan Elements.
      http://www.alaskacoast.state.ak.us//adopt/regsfinal.pdf

2.    ACMP Regulations – 11 AAC 110 Consistency Review Process.
      http://www.alaskacoast.state.ak.us//adopt/regsfinal.pdf

3.    ACMP Regulations – 11 AAC 112 State Standards
      http://www.alaskacoast.state.ak.us//adopt/regsfinal.pdf

4.    Adventure Roads North. Alaska Geographic, Volume 10, No. 1, 1983.

5.    Alaska Science Forum, #1337. Ned Rozell. Geophysical Institute, University of
      Alaska Fairbanks, 1997.

6.    DCED Community Information Website, 2004.
      http://www.dced.state.ak.us/dca/commdb/CF_COMDB.htm

7.    Prince William Sound. Alaska Geographic, Volume 20, Number 1, 1993.

8.    Valdez Coastal Management Program Plan. City of Valdez, Community
      Development, 1986.

9.    Valdez Municipal Code. Chapter 15.30 Flood Hazard Protection Regulations

10.   Valdez Municipal Code. Chapter 17.47 A-H Avalanche Hazard District

11.   Valdez Duck Flats – Area Meriting Special Attention Plan. Concept Approved
      Draft. City of Valdez. 1992.

12.   Valdez Trails Series. Jim Shepard, Valdez Parks & Recreation Department.

13.   Valdez Vacation Guide 2004. Valdez Convention & Visitors Bureau.
      www.valdezalaska.org




VCMP 2006 Amendment                          -109 -                         03/01/06
Appendix A. Enforceable Policies and
Designated Areas
Coastal Development Policies
      CD 1. Prioritization of Waterfront Land Use

In accordance with the prioritization requirement set forth in 11 AAC 112.200(b),
Waterfront property will be developed in the following order of prioritization.

A.     Water Dependent Uses and Activities. The following non-exhaustive list of land
and water uses and activities are considered ―water dependent‖. Such uses are
economically or physically dependent upon a coastal location, and as such are given a
higher priority than those land and water uses and activities that are not water-
dependent: fish hatcheries; mariculture activities; fish processing; log storage and
transfer; float plane bases, boat harbors, freight, fuel, or other docks; marine-based
tourism facilities; boat repair, haul outs, marine ways, and accessory attached housing;
remote recreational cabins dependent on water access; and facilities that serve as inter-
modal transportation links for the transfer of goods and services between the marine
transportation system and the road system.

B.      Water Related Uses. The following non-exhaustive list of uses and activities are
considered ―water related,‖ and thus given a lower priority of use than those previously
listed as ―water dependent‖: marine retail stores and commercial activities such as
hotels, restaurants, and other similar uses that provide views and access to the
waterfront.

C.      Nondependent Uses. Uses and activities, which are neither water dependent nor
water-related, but for there is no practicable inland alternative to meet the public need
for the use or activity, receive the lowest priority. Such uses and activities shall be
permitted when it is not practicable to develop a site with a water-dependant or water-
related use or activity due to shallow bathymetry or unusual lot characteristics such as
substandard size, frontage, or steep topography.

      CD-2.         Fill Below Mean High Water

Piling-supported or floating structures shall be used for construction below mean high
water unless clear and convincing evidence shows that all of the following conditions
exist.

A.    There is a documented public need for the proposed activity;

B.     There are no practicable inland alternatives that would meet the public need and
allow development away from the waterfront;


VCMP 2006 Amendment                           -110 -                                03/01/06
C.    Denial of the fill would prevent the applicant from making a reasonable use of the
property;

D.    The fill is placed in a manner that minimizes impacts on adjacent uses, public
access easements along the shoreline and water views;

E.    The fill is the minimum amount necessary to establish a reasonable use of the
property; and

F.     Development of the property would support a water dependent or related use.
The following publicly-owned facilities are exempt from this policy: Log and mining
transfer facilities, bridges, causeways, boat ramps, utility transmission facilities,
pipelines, treatment plant lines and outfalls, and transportation facilities.

       CD-3.         Preservation of Navigational Access Below Mean High Water

A person may not obstruct or interfere with the free passage or use by a person of any
navigable water unless the obstruction or interference is (1) authorized by a federal
agency and a state agency; (2) authorized under a federal or state law or permit; (3)
exempt under 33 USC 1344 9f) (Clean Water Act); caused by the normal operation of
freight barging that is otherwise consistent with law; or (5) authorized by the
commissioner after reasonable public notice.

       CD-4.         Tidelands Viewsheds

Placement of structures or dredged or fill material in tidelands below mean high water,
shall minimize to the maximum extent practicable obstruction of the water views as
currently enjoyed.

       CD-5.         Floating Facilities

Floating facilities in coastal waters within the Valdez Coastal District shall be sited and
operated to utilize anchoring methods that securely anchor the facility during high winds
and extreme tides prevalent in the area.

Recreation and Coastal Access
       RT-1. Management of Designated Recreational Use Areas

Proposed uses or activities in the designated areas shall not prevent or significantly
impede hunting, fishing, beach combing, hiking, nature observation, and other
recreational uses within the designated areas.




VCMP 2006 Amendment                            -111 -                              03/01/06
       RT-2. Management of Designated Recreational Beaches

Proposed uses or activities in the designated areas shall avoid or minimize direct and
significant impacts upon the biological or cultural features upon which recreation on the
designated beach depends.

       RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of
       Interest

Keystone Canyon is designated as a recreation area and has important backdrops and
points of interest. Scenic impacts shall be avoided or minimized through setbacks and
other design standards.

       RT-4. Conflict Mitigation

Where practicable projects within designated recreational use areas shall be located,
designed, constructed, and operated in a manner that minimizes conflicts with
competing recreational uses of the area. If minimization of such conflicts is
impracticable, the applicant shall provide alternative recreation opportunities or access.

       CA-1. Maintenance of Public Access to Coastal Water

Proposed uses or activities shall not impede or degrade access to and within
designated recreation areas, except on state land, this requirement may be waived if
regulating or limiting access is necessary for other beneficial uses or public purposes.

       CA-2. Increased Public Access

New subdivisions on publicly owned lands shall include public access to, from and
along coastal water.

       CA-3. Enhanced Public Access

Capital Improvements on or adjacent to publicly owned waterfront property shall
incorporate walkways and viewing platforms whenever practicable to increase public
access to coastal waters.

The following types of capital improvements are exempt from this policy: utility
transmission lines, and utility pipelines.




VCMP 2006 Amendment                            -112 -                              03/01/06
       SG-1. Siting of Material Sources

To the extent practicable, sources of sand, gravel, rock and other construction materials
shall be approved in the following sequence:

       a)     existing approved gravel pits or quarries operated in compliance with state
              and federal authorizations;

       b)     reuse of material from abandoned development area, unless reuse could
              cause more damage to resources (excluding air, land and water quality
              regulated by DEC) than non-use;

       c)     new upland sites, except for those designated under important habitat;

       d)     beaches of low habitat values; and

       e)     streams, which do not provide fish habitat.

       HIST-1.       Protection of Sites

A.      If previously undiscovered historic, prehistoric, or archaeological artifices or sites
are encountered during ground disturbing activities, the applicant shall ensure that the
find is protected from further disturbance until the State Historic Preservation Office and
the Valdez coastal coordinator are notified.

B.     The applicant shall consult with the State Historic Preservation Office and Valdez
coastal coordinator, to determination the significance of the find and develop ways to
avoid, minimize or mitigate adverse effects to significant finds.

C.     The applicant is responsible for ensuring that mitigation measures developed to
protect significant prehistoric or historic resources within the project area are carried
out.

       HIST-2.       Valdez Historical Cemeteries

The designated Valdez Historical Cemeteries shall be protected for long-term use as
cemeteries. No other uses of these areas are allowed.

Energy Facilities Enforceable Policies
       EF-1. Pipeline and Utility Corridors.

To the extent practical, existing pipeline and utility corridors shall be used for new
facilities or expansion of existing facilities rather than developing new corridors.




VCMP 2006 Amendment                              -113 -                               03/01/06
       EF-2. Underground Construction

Where practicable, pipelines and utilities shall be installed underground in areas of high
recreational or scenic value or intensive public use.


       EF3. Underwater Construction

To the extent practicable, underwater pipelines shall be buried. If pipelines are not
buried they shall be designed to allow for the passage of fishing gear, or the pipeline
route shall be selected to avoid important fishing areas, and anadromous fish migration
and feeding areas.

       EF 4. Overhead Utility Lines

Overhead utility lines shall be visibly marked where necessary to avoid hazard to
low-flying aircraft.

       EF 5. Pipeline Construction

To the extent practicable, pipelines shall be sited, designed, constructed, and
maintained to minimize risk to fish and wildlife habitats from a spill, pipeline
break, or other construction activities.

Recreational Designated Areas
       1.     Shoup Bay and Trail System
       2.     Mineral Creek Flats and Canyon
       3.     Valdez Glacier Lake and Stream
       4.     Robe Lake
       5.     Keystone Canyon
       6.     Solomon Gulch
       7.     Jack Bay

Natural Hazard Designated Areas
       1.     Valdez Avalanche Zones – Designated Hazard Area
       2.     FEMA Zones – Designated Hazard Area
       3.     Old Town
       4.     Mineral Creek Flats and Canyon
       5.     Valdez Glacier Lake and Stream

Energy Facilities Designated Areas




VCMP 2006 Amendment                            -114 -                              03/01/06
     1.    Trans-Alaska Pipeline Corridor
     2.    Solomon Gulch

Historic Designated Areas
     1.    Keystone Canyon
     2.    Old Town
     3.    Mineral Creek Flats and Canyon

Important Habitat Designated Areas
     1.    Lowe River Area
     2.    Shoup Bay and Trail System
     3.    Robe Lake
     4.    Jack Bay
     5.    Mineral Creek Flats and Canyon




VCMP 2006 Amendment                     -115 -   03/01/06
Appendix B. Justification for Enforceable
Policies
       Justification for all Coastal Development Enforceable Policies

Matter of Local Concern

A district may not address a matter regulated or authorized by state or federal law
unless the enforceable policy relates to a matter of local concern.

The following is an analysis of how enforceable policies CD-1 through CD-5 meets the
specific criterion.

Each policy must meet the test of matter of local concern in 11 AAC 114.279(h)(1)
paragraphs (A), (B), (C) and (D).

The justification for paragraphs (A) and (C) relate to all of the Coastal Development
policies. The justification for paragraphs (B) and (D) are provided after each specific
policy.

A.     11 AAC 114.270 (h) (1) (A):        The policy must relate to a specific coastal use
or resource within a defined portion of the district’s coastal zone.

Analysis: This is addressed in this Chapter in the section called Designated Areas.
The coastal development enforceable policies apply to development in or adjacent to
coastal waters throughout the entire coastal resource district.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Analysis: The following is a list of state and federal agency responsibilities and laws
that were reviewed to the extent that they relate to coastal development.

      City of Valdez. Development in the City of Valdez require a permit from the City.

      DNR. Alaska Department of Natural Resources. For the mooring of any floating
       facility for any period exceeding fourteen (14) days, a tidelands use authorization
       from the State of Alaska, Department of Natural Resources, Division of Mining,
       Land and Water shall be required. An uplands owner adjacent to the tidelands
       has, in some instances, first preference to the use of the tidelands adjacent to the
       owner’s property.




VCMP 2006 Amendment                            -116 -                             03/01/06
    VCMP. Siting of a development in the Valdez coastal areas must be found to be
     consistent with the approved Valdez Coastal Management Program and the
     Alaska Coastal Management Program before a permit may be issued.

    OHMP. The Office of Habitat Management and Permitting is responsible for
     activities affecting fish streams. A Title 41 Fish Habitat Permit is required for
     activities impeding the efficient passage of fish. Culvert installation; stream
     realignment or diversions; dams; low-water crossings; and construction,
     placement, deposition, or removal of any material or structure below ordinary
     high water are among the activities requiring approval. OHMP is the lead office
     for reviewing projects for consistency with the ACMP Statewide Habitat
     Standard. Certain subsections of the Habitat Standard are particularly relevant
     when considering coastal development.

    DEC. Alaska Department of Environmental Conservation The Alaska
     Department of Environmental Conservation (ADEC) is involved in the permitting
     of floating facilities through its review of either engineered plans submitted for a
     small domestic wastewater system (<500 gpd discharge) or an application
     submitted for authorization under a State wastewater discharge permit for a
     larger domestic wastewater system (up to 10,000 gpd discharge). The
     department focuses on sewage and graywater treatment and disposal to ensure
     that the wastewater discharge will not violate the State’s Water Quality
     Standards. ADEC requires floating facilities to have an installed and properly
     functioning wastewater treatment and disposal system.

    ADF&G. Title 16: Fish and Game. Citation: AS 16
     Implementing Agencies: ADFG, Alaska Department of Public Safety, Alaska
     Boards of Fisheries and Game, Commercial Fisheries Limited Entry Commission
     Jurisdiction: Uplands, 0-3 nautical miles offshore, further for some fisheries
     Title 16 directs the Alaska Department of Fish and Game (ADFG) to ―manage,
     protect, maintain, improve, and extend fish, game, and aquatic plant resources of
     the state in the interest of the economy and general well-being of the state.‖

    Alaska Statutes of Title 29: Municipal Government Citation: AS 29
     Implementing Agencies: Municipal governments, Alaska Department of
     Community and Economic Development
     Jurisdiction: Uplands, 0-3 nautical miles offshore
     Alaska Statute Title 29.35 describes the planning powers for Alaska's different
     classes of municipalities, including planning, platting, and land use regulation.
     Specific authority for comprehensive planning is contained in Title 29.40. Title
     29.40 defines and directs how planning and land use regulatory powers are
     exercised. These powers extend to the municipal boundaries, which can include
     areas up to the three-mile territorial sea limit.

    National Environmental Policy Act (NEPA) - The National Environmental Policy
     Act (NEPA) was enacted as P.L. 91-190 on January 1, 1970. NEPA requires


VCMP 2006 Amendment                           -117 -                              03/01/06
     federal agencies to analyze the potential effects a federal action would have on
     historical, cultural, or natural aspects of the environment. NEPA ensures
     consideration is given to adverse impacts, alternatives to a proposed action, and
     the relationship between short-term uses and long-term productivity. NEPA has
     proved to be one of the U.S.’ most important environmental protection laws. The
     law also authorized the establishment of the Council on Environmental Quality
     (CEQ) in the Executive Office of the President. The CEQ is responsible for
     managing the environmental impact statement process and for counseling the
     executive branch on environmental matters.

    Alaska Statutes of Title 38: Public Land, Citation: AS 38
     Implementing Agencies: ADNR
     Jurisdiction: Uplands, 0-3 nautical miles offshore
     These statutes include the Alaska Lands Act, which governs the planning and
     management of public lands and resources. The Alaska Department of Natural
     Resources (ADNR) administers the state programs for the conservation and
     development of natural resources.

    Alaska Statutes of Title 41: Public Resources Citation: AS 41
     Implementing Agencies: ADNR, ADEC
     Jurisdiction: Uplands, 0-3 nautical miles offshore and more in some instances
     These statutes include the regulation of geothermal resources, addresses
     geological and geophysical surveys; oil and gas exploration; soil and water
     conservation; forests, forest resources and practices; parks and recreational
     facilities; multiple use management of public resources; historic preservation; and
     the citizen's advisory commission on federal areas in Alaska. The Department of
     Natural Resources primarily administers the responsibilities under this chapter.
     The Department of Environmental Conservation has management
     responsibilities with regard to nonpoint source pollution under the Clean Water
     Act and the Federal Water Pollution Control Act.

    Alaska Statutes of Title 46: Water, Air, Energy, and Environmental Conservation
     Citation: AS 46
     Implementing Agencies: ADEC, ADNR, ADGC
     Jurisdiction: Uplands, 0-3 nautical miles
     The Alaska Department of Environmental Conservation (ADEC) has broad
     regulatory authority in the areas of water quality control, water supply, air quality
     control, solid waste management, tanker and oil terminal facilities, oil spill
     prevention, pesticides and hazardous substances control, land damage
     prevention, land and subsurface pollution prevention, and radiation protection.
     The Department of Natural Resources (ADNR) is responsible for the allocation of
     water resources under Title 46.15, the Water Use Act. The Division of
     Governmental Coordination manages the Alaska Coastal Management Program
     under AS 46.40 (see Alaska Coastal Management Act - ACMA).




VCMP 2006 Amendment                           -118 -                              03/01/06
    Anadromous Fish and Conservation Act of 1965 Citation: 16 USC 757; Public
     Law 89-304
     Implementing Agencies: U.S. DOI, NMFS
     Jurisdiction: Uplands, 0-200 nautical miles
     This act encourages the conservation, development, and enhancement of
     anadromous fish resources through cooperative agreements with the states and
     other non-federal interests. Authorized are investigations, engineering and
     biological surveys, research, stream clearance, construction, maintenance and
     operations of hatcheries and devices and structures for improving movement,
     feeding and spawning conditions. The Fish and Wildlife Service is authorized to
     conduct studies and make recommendations to EPA concerning measures for
     eliminating or reducing polluting substances detrimental to fish and wildlife in
     interstate or navigable waters, or their tributaries.

    Clean Water Act (CWA) Federal Water Pollution Control Act of 1972
     Citation: 33 USC 1251-1387, as amended; Public Law 92-500
     Implementing Agencies: U.S. EPA, U.S. COE, U.S. FWS, NOAA, ADEC
     Jurisdiction: Receiving waters of the United States: uplands, 0-3 nautical miles,
     some authority to 200 nautical miles

    Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (CWPPRA)
     Citation: 16 USC 3951; Public Law 101-646
     Implementing Agencies: U.S. FWS (co-lead), U.S. COE (co-lead), U.S. EPA,
     USCG, U.S. State Department, USDA
     Jurisdiction: Coastal lands and waters: uplands and 0-200 nautical miles

    Submerged Lands Act of 1953 (SLA) Citation: 43 USC 1301-1315; Public Law
     83-031
     Implementing Agencies: ADNR, U.S. BLM/DOI
     Jurisdiction: Navigable waters, 0-3 nautical miles
     The SLA recognized state authority over submerged lands (lands beneath
     navigable waters) extending out to three geographical miles (for Alaska) to the
     ocean from the coastline. The federal government retains certain rights to use
     the submerged lands for commerce, navigation, defense, and international
     affairs. States have obligations to honor the principles of the Public Trust
     Doctrine in managing submerged lands.

    Water Resources Development Act of 1986 (WRDA) Citation: Public Law 99-662,
     as amended
     Implementing Agencies: COE, FWS
     Jurisdiction: Uplands, 0-200 miles: Coastal lands and waters




VCMP 2006 Amendment                          -119 -                             03/01/06
       CD 1.         Prioritization of Waterfront Land Use


 CD 1. Prioritization of Waterfront Land Use
 In accordance with the prioritization requirement set forth in 11 AAC 112.200(b),
 Waterfront property will be developed in the following order of prioritization.

 A.     Water Dependent Uses and Activities. The following non-exhaustive list of land
 and water uses and activities are considered ―water dependent‖. Such uses are
 economically or physically dependent upon a coastal location, and as such are given a
 higher priority than those land and water uses and activities that are not water-
 dependent: fish hatcheries; mariculture activities; fish processing; log storage and
 transfer; float plane bases, boat harbors, freight, fuel, or other docks; marine-based
 tourism facilities; boat repair, haul outs, marine ways, and accessory attached housing;
 remote recreational cabins dependent on water access; and facilities that serve as
 inter-modal transportation links for the transfer of goods and services between the
 marine transportation system and the road system.

 B.     Water Related Uses. The following non-exhaustive list of uses and activities
 are considered ―water related,‖ and thus given a lower priority of use than those
 previously listed as ―water dependent‖: marine retail stores and commercial activities
 such as hotels, restaurants, and other similar uses that provide views and access to
 the waterfront.

 C.     Nondependent Uses. Uses and activities, which are neither water dependent
 nor water-related, but for there is no practicable inland alternative to meet the public
 need for the use or activity, receive the lowest priority. Such uses and activities shall
 be permitted when it is not practicable to develop a site with a water-dependant or
 water-related use or activity due to shallow bathymetry or unusual lot characteristics
 such as substandard size, frontage, or steep topography.




Justification for Enforceable Policy CD-1.

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all coastal development policies.

B.      The following is an analysis of how enforceable policy CD-1 the specific criterion
11 AAC 114.270 (h) (1) (B).         The policy must relate to a coastal use or resource
that is sensitive to development.

In addition please see the analysis found in the Resource Analysis which demonstrate
that coastal development uses in the Valdez Coastal District are sensitive to
development.



VCMP 2006 Amendment                             -120 -                              03/01/06
      The waterfront area is sensitive to development because there is limited
       developable waterfront area within the coastal district. It is important to reserve
       these areas specifically for water-dependent and water-related uses. As a result
       of limited waterfront area, water-dependent and water-related activities are
       sensitive to other development that may preclude water-dependent and water-
       related uses or activities. See Resource Inventory and Analysis chapter for more
       information.

      The City of Valdez is currently in the position of not renewing a Recreational
       Vehicle Campground that has been allowed near the harbor. This lease has
       been in affect for many years, but because of the lack of waterfront property the
       City is considering not renewing this lease. The lessee has expended funds to
       develop the RV Park and this has caused an issue for all parties.

      Most of the waterfront property is either too steep or in the Old Town, R-22
       earthquake zone.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to coastal development.

The coastal development state standard at 11 AAC 112.200 directs coastal districts to
list uses that are water-dependent and water-related.

Policy CD-1 implements the intent of 11 AAC 112.200, which states as follows:

11 AAC 112.200. Coastal development. (a) In planning for and approving
development in or adjacent to coastal waters, districts and state agencies shall manage
coastal land and water uses in such a manner that those uses that are economically or
physically dependent on a coastal location are given higher priority when compared to
uses that do not economically or physically require a coastal location.
(b) Districts and state agencies shall give, in the following order, priority to
(1) water-dependent uses and activities;
(2) water-related uses and activities; and
(3) uses and activities that are neither water-dependent nor water-related for
which there is no practicable inland alternative to meet the public need for the use or
activity.
(c) The placement of structures and the discharge of dredged or fill material into coastal
water must, at a minimum, comply with the standards contained in 33 C.F.R. Parts 320 -
323, revised as of July 1, 2003. (Eff. 7/1/2004, Register 170).

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or


VCMP 2006 Amendment                            -121 -                             03/01/06
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of use or resource development is discussed
       throughout the Resource Inventory and Analysis. The Enforceable Policy Cross
       Reference Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

In addition to the above it is further noted that shipping, fishing, the oil industry and the
oil industry fuel the community’s economy. Valdez has seafood-processing facilities
that smoke, custom can and freeze fish for the commercial market. In addition, a fishing
fleet that works the waters of Prince William Sound operates out of Valdez Harbor.
Cruise boats carry passengers to Columbia Glacier and other scenic highlights of Prince
William Sound.

Valdez has one of the highest municipal tax bases in Alaska as the southern terminus
and off-loading point of oil extracted from Prudhoe Bay on the North Slope. Four of the
top ten employers in Valdez are directly connected to the oil terminus. Alyeska Pipeline
Service Co. employs nearly 300 persons. Valdez is a major seaport, with a $48 million
cargo and container facility. City, state, and federal agencies combined provide
significant employment. 42 residents hold commercial fishing permits. Three fish
processing plants operate in Valdez, including Peter Pan and Seahawk Seafoods.
Valdez Fisheries Dev. Assoc. will open its year-round processing facility in October
2003. 7 cruise ships will dock in Valdez in 2004. Valdez is a Foreign Free Trade Zone.




VCMP 2006 Amendment                             -122 -                              03/01/06
         CD-2.         Fill Below Mean High Water

    CD-2. Fill Below Mean High Water
    Piling-supported or floating structures shall be used for construction below mean high
    water unless clear and convincing evidence shows that all of the following conditions
    exist.
    A.     There is a documented public need for the proposed activity;
    B.     There are no practicable inland alternatives that would meet the public need
    and allow development away from the waterfront;
    C.     Denial of the fill would prevent the applicant from making a reasonable use of
    the property;
    D.     The fill is placed in a manner that minimizes impacts on adjacent uses, public
    access easements along the shoreline and water views;
    E.     The fill is the minimum amount necessary to establish a reasonable use of the
    property; and
    F.     Development of the property would support a water dependent or related use.
    The following publicly-owned facilities are exempt from this policy: Log and mining
    transfer facilities, bridges, causeways, boat ramps, utility transmission facilities,
    pipelines, treatment plant lines and outfalls, and transportation facilities.


Justification for Enforceable Policy CD-2.

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all coastal development policies.

B.      The following is an analysis of how enforceable policy CD-2 the specific criterion
11 AAC 114.270 (h) (1) (B).:        The policy must relate to a coastal use or resource
that is sensitive to development.

        Placing fill below mean high water should only be allowed under certain
         circumstances, which the Valdez Coast District is in the best position of
         evaluating. The policy states that there must be a documented public need for
         the activity; there are no practicable inland alternatives that would meet the
         public need and allow development away from the waterfront; denial of the fill
         would prevent the applicant from making a reasonable use of the property; the fill
         is placed in a manner that minimizes impacts on adjacent uses, public access
         easements along the shoreline and water views; and, the fill is the minimum
         amount necessary to establish a reasonable use of the property.

        The Valdez Duck Flats provides important and productive habitat for many fish
         and wildlife species, and is a resource of scenic value to residents and visitors
         alike. Fish and wildlife values were recognized in the Alaska Department of
         Natural Resources Prince William Sound Area Plan, and have led to a proposal
         by the Prince William Sound Conservation Alliance to make the Valdez Duck



VCMP 2006 Amendment                              -123 -                            03/01/06
       Flats a state critical habitat area. Any filling below mean high tide in this area
       would have a significant impact which makes it critical that fill below mean high
       water is regulated in the VCMP.

      The Valdez Duck Flats is also a very important tourist area.

In addition please see the analysis found in the Resource Analysis, which demonstrate
that coastal development uses in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to coastal development.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

Further evidence that this policy addresses a coastal use or resource that is not
adequately addressed by state or federal law is summarized below.

Placement of Structures and Discharge of Dredged or Fill Material. The coastal
development standard requires compliance ―at a minimum‖ with COE regulations, 33
C.F.R. Parts 320-323. These regulations provide the COE with general permitting
authority over the placement of structures and discharge of dredged or fill material into
navigable waters; the laws are broad in scope and general in their application. The
enforceable policies that relate to this standard provide more specificity to ensure that
local issues are addressed.

Floating Facilities. Though state and federal agencies require permits prior to approving
floating facilities, the laws are broad in scope and general in their application. For
example, the laws do not address restrictions based on the location of the facilities.
There is a COE general permit (89-4N) for floating houses, but this is only for floating
homes and not structures or fill. Consequently, additional specificity in this district
enforceable policy ensures that local issues are addressed.

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.




VCMP 2006 Amendment                             -124 -                              03/01/06
D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.

       CD-3.          Preservation of Navigational Access Below Mean High Water

 CD-3.         Preservation of Navigational Access Below Mean High Water
 A person may not obstruct or interfere with the free passage or use by a person of any
 navigable water unless the obstruction or interference is (1) authorized by a federal
 agency and a state agency; (2) authorized under a federal or state law or permit; (3)
 exempt under 33 USC 1344 9f) (Clean Water Act); caused by the normal operation of
 freight barging that is otherwise consistent with law; or (5) authorized by the
 commissioner after reasonable public notice.

Justification for Enforceable Policy CD-3.

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all coastal development policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B).:    The policy must relate to a coastal use or
resource that is sensitive to development.




VCMP 2006 Amendment                            -125 -                             03/01/06
      Valdez Narrows is the most important shipping lane in the State of Alaska. It is
       critical that the shipping lanes be kept clear of obstructions.

      There is large amount of barge traffic as well in the Valdez Narrows.

      There are areas in Valdez that are now undeveloped but there are proposals to
       develop upland areas and put in private marinas. It is important that the Valdez
       Coastal District have input into these developments through this policy. Meals
       Hills Subdivision is an example of this issue. The master plan for this proposed
       development includes a private marina.

      Petro Star has plans to put a dock near the Valdez Fish Hatchery.

Please see the analysis found in the Resource Analysis which demonstrates that
coastal development uses in the Valdez Coastal District are sensitive to development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to coastal development.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

Further evidence that this policy addresses a coastal use or resource that is not
adequately addressed by state or federal law is summarized below.

Placement of Structures and Discharge of Dredged or Fill Material. The coastal
development standard requires compliance ―at a minimum‖ with COE regulations, 33
C.F.R. Parts 320-323. These regulations provide the COE with general permitting
authority over the placement of structures and discharge of dredged or fill material into
navigable waters; the laws are broad in scope and general in their application. The
enforceable policies that relate to this standard provide more specificity to ensure that
local issues are addressed.

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or


VCMP 2006 Amendment                            -126 -                               03/01/06
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

         “Finding: The unique concern of each use or resource is discussed throughout
         the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
         Table provides the specific pages that relate to each policy.
         Scientific evidence and other information were generated from a number of
         sources, the names of which are provided in references listed in the Bibliography.

         Additionally, documentation of local usage, which demonstrates the unique
         concern of the use or resource, is provided as required. The City of Valdez
         planning commission has held numerous community meetings and public
         hearings regarding this plan update. Documentation of such participation is
         provided in the Volume I, chapter 1, Planning Commission Review of Document.
         Approval of the PRD by the planning commission in conjunction with the
         extensive public participation provides the necessary documentation to support
         statements made regarding local usage and unique concern.‖

No further justification required.

         CD-4.        Tidelands Viewsheds

    CD-4. Tidelands Viewsheds
    Placement of structures or dredged or fill material in tidelands below mean high
    water, shall minimize to the maximum extent practicable obstruction of the water
    views as currently enjoyed.

Justification for Enforceable Policy CD-4.

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all coastal development policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B).:    The policy must relate to a coastal use or
resource that is sensitive to development.

        There have been cases in Valdez where property owners have had their view cut
         off due to waterfront development.

        Tidelands Viewsheds are important to protect in the Valdez Coastal District for
         the citizens and visitors to the area.




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     One example of viewsheds being negatively impacted is the D.H. Subdivision.

Please see the analysis found in the Resource Analysis which demonstrates that
coastal development uses in the Valdez Coastal District are sensitive to development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to coastal development.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

      ―The resource inventory and analysis appeared thorough and adequately
      documented and described. We found no instance where they addressed issues
      already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

      “Finding: The unique concern of each use or resource is discussed throughout
      the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
      Table provides the specific pages that relate to each policy.

      Scientific evidence and other information in the Resource Inventory and Analysis
      were generated from a number of sources, the names of which are provided in
      references listed in the Bibliography.

      Additionally, documentation of local usage, which demonstrates the unique
      concern of the use or resource, is provided as required. The City of Valdez
      planning commission has held numerous community meetings and public
      hearings regarding this plan update. Documentation of such participation is
      provided in the Volume I, chapter 1, Planning Commission Review of Document.
      Approval of the PRD by the planning commission in conjunction with the
      extensive public participation provides the necessary documentation to support
      statements made regarding local usage and unique concern.‖



VCMP 2006 Amendment                           -128 -                             03/01/06
         CD-5.          Floating Facilities

    CD-5. Floating Facilities
    Floating facilities in coastal waters within the Valdez Coastal District shall be sited and
    operated to utilize anchoring methods that securely anchor the facility during high
    winds and extreme tides prevalent in the area.

Justification for Enforceable Policy CD-5 Floating Facilities.

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all coastal development policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Valdez is an area of extremely high winds. The very high winds must be planned
         for when constructing floating facilities. The facilities must be securely
         anchored.

        In addition, the Valdez Narrows tides change fluctuate up to 20 feet.

Please see the analysis found in the Resource Analysis, which demonstrates that
coastal development uses in the Valdez Coastal District are sensitive to development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to coastal development.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

         ―The resource inventory and analysis appeared thorough and adequately
         documented and described. We found no instance where they addressed issues
         already covered under state or federal authority.‖


There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or


VCMP 2006 Amendment                                -129 -                              03/01/06
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.

       Justification for all Recreation and Coastal Access Policies

Matter of Local Concern

A district may not address a matter regulated or authorized by state or federal law
unless the enforceable policy relates to a matter of local concern. The following is an
analysis of how enforceable policies RT-1 through RT-5 and CA-1 through CA-3 meets
the specific criterion.

Each policy must meet the test of matter of local concern in 11 AAC 114.279(h)(1)
paragraphs (A), (B), (C) and (D).

The justification for paragraphs (A) and (C) relate to all of the Recreation and Coastal
Access enforceable policies. The justification for paragraphs (B) and (D) are provided
after each specific policy.

A.     11 AAC 114.270 (h) (1) (A):        The policy must relate to a specific coastal use
or resource within a defined portion of the district’s coastal zone.

Analysis: This is addressed in the section under Designated Areas. The district has
designated the following areas as recreational areas. The basis for the designations is
in Chapter 4, Resource Inventory and Analysis.



VCMP 2006 Amendment                            -130 -                             03/01/06
C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Analysis: The following is a list of state and federal agency responsibilities and laws
that were reviewed to the extent that they relate to recreation and coastal access.

     City of Valdez. Development in the City of Valdez requires a permit from the
      City.

     DNR. Alaska Department of Natural Resources. For the mooring of any floating
      facility for any period exceeding fourteen (14) days, a tidelands use authorization
      from the State of Alaska, Department of Natural Resources, Division of Mining,
      Land and Water shall be required. An uplands owner adjacent to the tidelands
      has, in some instances, first preference to the use of the tidelands adjacent to the
      owner’s property.

     VCMP. Siting of a development in the Valdez coastal areas must be found to be
      consistent with the approved Valdez Coastal Management Program and the
      Alaska Coastal Management Program before a permit may be issued.

     OHMP. The Office of Habitat Management and Permitting is responsible for
      activities affecting fish streams. A Title 41 Fish Habitat Permit is required for
      activities impeding the efficient passage of fish. Culvert installation; stream
      realignment or diversions; dams; low-water crossings; and construction,
      placement, deposition, or removal of any material or structure below ordinary
      high water are among the activities requiring approval. OHMP is the lead office
      for reviewing projects for consistency with the ACMP Statewide Habitat
      Standard. Certain subsections of the Habitat Standard are particularly relevant
      when considering coastal development.

     DEC. Alaska Department of Environmental Conservation The Alaska
      Department of Environmental Conservation (ADEC) is involved in the permitting
      of floating facilities through its review of either engineered plans submitted for a
      small domestic wastewater system (<500 gpd discharge) or an application
      submitted for authorization under a State wastewater discharge permit for a
      larger domestic wastewater system (up to 10,000 gpd discharge). The
      department focuses on sewage and graywater treatment and disposal to ensure
      that the wastewater discharge will not violate the State’s Water Quality
      Standards. ADEC requires floating facilities to have an installed and properly
      functioning wastewater treatment and disposal system.

     ADF&G. Title 16: Fish and Game. Citation: AS 16
      Implementing Agencies: ADFG, Alaska Department of Public Safety, Alaska
      Boards of Fisheries and Game, Commercial Fisheries Limited Entry Commission
      Jurisdiction: Uplands, 0-3 nautical miles offshore, further for some fisheries


VCMP 2006 Amendment                            -131 -                              03/01/06
     Title 16 directs the Alaska Department of Fish and Game (ADFG) to ―manage,
     protect, maintain, improve, and extend fish, game, and aquatic plant resources of
     the state in the interest of the economy and general well-being of the state.‖

    Alaska Statutes of Title 29: Municipal Government Citation: AS 29
     Implementing Agencies: Municipal governments, Alaska Department of
     Community and Economic Development
     Jurisdiction: Uplands, 0-3 nautical miles offshore
     Alaska Statute Title 29.35 describes the planning powers for Alaska's different
     classes of municipalities, including planning, platting, and land use regulation.
     Specific authority for comprehensive planning is contained in Title 29.40. Title
     29.40 defines and directs how planning and land use regulatory powers are
     exercised. These powers extend to the municipal boundaries, which can include
     areas up to the three-mile territorial sea limit.

    National Environmental Policy Act (NEPA) - The National Environmental Policy
     Act (NEPA) was enacted as P.L. 91-190 on January 1, 1970. NEPA requires
     federal agencies to analyze the potential effects a federal action would have on
     historical, cultural, or natural aspects of the environment. NEPA ensures
     consideration is given to adverse impacts, alternatives to a proposed action, and
     the relationship between short-term uses and long-term productivity. NEPA has
     proved to be one of the U.S.’ most important environmental protection laws. The
     law also authorized the establishment of the Council on Environmental Quality
     (CEQ) in the Executive Office of the President. The CEQ is responsible for
     managing the environmental impact statement process and for counseling the
     executive branch on environmental matters.


    AS 38.04.200. Traditional Means of Access. – prohibits DNR from restricting
     traditional means of access for traditional outdoor activities to protect aesthetic
     values of the land, water, or land and water and generally prohibits such
     restriction unless it is:
     (1) for an area of land, water, or land and water that encompasses 640
     contiguous acres or less;
     (2) temporary in nature and effective cumulatively less than eight months in a
     three-year period;
     (3) for the protection of public safety and public or private property;
     (4) for the development of natural resources and a reasonable alternative for the
     traditional means of access across the land, water, or land and water for
     traditional outdoor activities on other land, water, or land and water is available
     and approved by the commissioner; or
     (5) authorized by act of the legislature.

    AS 38.05.820. Occupied Tide and Submerged Land. - Requires that home rule
     and first class cities reserve rights-of-way as are necessary to provide




VCMP 2006 Amendment                          -132 -                             03/01/06
         reasonable access to public waters when conveying tidelands acquired from the
         state.

        AS 38.05.825. Conveyance of Tide and Submerged Land to Municipalities. –
         Sets no unreasonable interference with navigation or public access as a
         condition of conveyance of tide and submerged land from the state to
         municipalities and requires municipalities to ensure that reasonable access to
         public waters and tidelands is provided.

        Alaska National Interest Lands Conservation Act (ANILCA)
         Citation: 16 USC 3101-3233, 43 USC 1602-1784; Public Law 96-487
         Implementing Agencies: U.S. DOI, USDA Jurisdiction: Federal lands, waters, and
         interests; Conservation System Units (CSU) Congress passed ANILCA in 1980.
         The act set aside over 100 million acres of federal land in Alaska as conservation
         system units (CSU), including national parks, preserves and monuments,
         national wildlife refuges, wilderness areas, and wild and scenic rivers. In addition
         to CSUs, ANILCA addresses subsistence management and use, and federal-
         state cooperation. ANILCA directs federal agencies to coordinate and consult the
         State of Alaska on ANILCA implementation.

         RT-1. Management of Designated Recreational Use Areas

    RT-1. Management of Designated Recreational Use Areas
    Proposed uses or activities in the designated areas shall not prevent or significantly
    impede hunting, fishing, beach combing, hiking, nature observation, and other
    recreational uses within the designated areas.


Justification for Enforceable Policy RT-1

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Recreational Opportunities. There are several state parks and other recreational
         opportunities in the Valdez area. The Resource Inventory and Analysis Chapter
         outlines the most significant of these. Maintaining these areas and providing
         public access are important to the quality of life for the residents and for the local
         economy as these areas attract visitors. Western Port Valdez is a major
         recreation resource of Valdez. Small boat recreation and fishing is popular
         during summer months. Lack of facilities limits onshore uses to occasional
         landings and camping. The designated areas are all sensitive to future
         development.



VCMP 2006 Amendment                               -133 -                               03/01/06
Please see the analysis found in the Resource Analysis which demonstrates that the
recreation and coastal access uses in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

      ―The resource inventory and analysis appeared thorough and adequately
      documented and described. We found no instance where they addressed issues
      already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

      “Finding: The unique concern of each use or resource is discussed throughout
      the Resource Inventory and Analysis The Enforceable Policy Cross Reference
      Table provides the specific pages that relate to each policy.

      Scientific evidence and other information were generated from a number of
      sources, the names of which are provided in references listed in the Bibliography.

      Additionally, documentation of local usage, which demonstrates the unique
      concern of the use or resource, is provided as required. The City of Valdez
      planning commission has held numerous community meetings and public
      hearings regarding this plan update. Documentation of such participation is
      provided in the Volume I, chapter 1, Planning Commission Review of Document.
      Approval of the PRD by the planning commission in conjunction with the
      extensive public participation provides the necessary documentation to support
      statements made regarding local usage and unique concern.‖




VCMP 2006 Amendment                           -134 -                             03/01/06
No further justification required.

         RT-2. Management of Designated Recreational Beaches

    RT-2. Management of Designated Recreational Beaches
    Proposed uses or activities in the designated areas shall avoid or minimize direct and
    significant impacts upon the biological or cultural features upon which recreation on the
    designated beach depends.

Justification for Enforceable Policy RT-2

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Overuse of Recreational Areas - Areas used heavily for foot traffic, firewood
         gathering, or other activities of recreational users may adversely impact wildlife
         resources and damage other resources, such as riverbanks, fish cleaning
         stations, and picnic areas.

        There are very few accessible recreational beaches in the Valdez Coastal
         District. This is due to the steep topography of the waterfront area and the
         beaches are rocky and generally not conducive to walking or recreating.

Please see the analysis found in the Resource Analysis which demonstrates that
recreation and coastal access areas in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

         ―The resource inventory and analysis appeared thorough and adequately
         documented and described. We found no instance where they addressed issues
         already covered under state or federal authority.‖




VCMP 2006 Amendment                              -135 -                              03/01/06
There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.

       RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of
       Interest

 RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of Interest
 Keystone Canyon is designated as a recreation area and has important backdrops
 and points of interest. Scenic impacts shall be avoided or minimized through
 setbacks and other design standards.

Justification for Enforceable Policy RT-3

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.



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     Keystone Canyon is an important historic area.

     Keystone Canyon is also the trailhead for historic trails and other recreational
      opportunities.

     It is also an important scenic draw for visitors to the area.

Please see the analysis found in the Resource Analysis which demonstrates that
recreation and coastal access areas in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

      ―The resource inventory and analysis appeared thorough and adequately
      documented and described. We found no instance where they addressed issues
      already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

      “Finding: The unique concern of each use or resource is discussed throughout
      the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
      Table provides the specific pages that relate to each policy.

      Scientific evidence and other information were generated from a number of
      sources, the names of which are provided in references listed in the Bibliography.

      Additionally, documentation of local usage, which demonstrates the unique
      concern of the use or resource, is provided as required. The City of Valdez
      planning commission has held numerous community meetings and public


VCMP 2006 Amendment                             -137 -                            03/01/06
         hearings regarding this plan update. Documentation of such participation is
         provided in the Volume I, chapter 1, Planning Commission Review of Document.
         Approval of the PRD by the planning commission in conjunction with the
         extensive public participation provides the necessary documentation to support
         statements made regarding local usage and unique concern.‖

No further justification required.

         RT-4. Conflict Mitigation

    RT-4. Conflict Mitigation
    Where practicable projects within designated recreational use areas shall be located,
    designed, constructed, and operated in a manner that minimizes conflicts with
    competing recreational uses of the area. If minimization of such conflicts is
    impracticable, the applicant shall provide alternative recreation opportunities or
    access.

Justification for Enforceable Policy RT-4

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Sensitive to Development. Conflicts with Recreational Use of Public Land or
         Water - Public land and water used for recreational purposes sometimes
         contains other resources or development potential, which may not be compatible
         with recreational use.

        The Valdez area support many recreation user groups. There are ongoing
         conflicts between snow machines and skiers; kayak boaters and jet skiers; and
         four-wheelers and hikers.

        An example of recreational conflicts is the Mineral Creek area where snow
         machines use one side of the creek and skiers use the other side. There is
         currently a proposal to demolish the bridge that skiers use to cross the creek. If
         this happened both snow machines and skiers would be one side of the creek,
         which would increase the conflicts between the two user groups.

Please see the analysis found in the Resource Analysis which demonstrates that
recreation and coastal access areas in the Valdez Coastal District are sensitive to
development.




VCMP 2006 Amendment                              -138 -                             03/01/06
C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.


D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D:    The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy. Justification and
       documentation for coastal development policy CD-1 is found on Pages 5 - 15.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.




VCMP 2006 Amendment                           -139 -                             03/01/06
         CA-1. Maintenance of Public Access to Coastal Water

    CA-1. Maintenance of Public Access to Coastal Water
    Proposed uses or activities shall not impede or degrade access to and within
    designated recreation areas, except on state land, this requirement may be waived if
    regulating or limiting access is necessary for other beneficial uses or public
    purposes.

Justification for Enforceable Policy CA-1

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Public Access - Public land, dedicated rights-of-way, and easements are
         important as recreational trail corridors or as public access to recreational areas
         and water bodies. The City of Valdez has the authority to approve the location of
         dedicated public rights-of-way and approve the vacation of existing rights-of-
         ways and public easements. The State of Alaska must also approve the vacation
         of section-line easements. The City of Valdez and other public agencies own
         considerable land in coastal areas, which has the potential to be developed as
         recreational trails or for coastal or river access and parking.

Please see the analysis found in the Resource Analysis which demonstrates that
recreation and coastal access areas in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

         ―The resource inventory and analysis appeared thorough and adequately
         documented and described. We found no instance where they addressed issues
         already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.


VCMP 2006 Amendment                              -140 -                            03/01/06
D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

         “Finding: The unique concern of each use or resource is discussed throughout
         the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
         Table provides the specific pages within The Resource Inventory and Analysis
         that relate to each policy.

         Scientific evidence and other information were generated from a number of
         sources, the names of which are provided in references listed in the Bibliography.

         Additionally, documentation of local usage, which demonstrates the unique
         concern of the use or resource, is provided as required. The City of Valdez
         planning commission has held numerous community meetings and public
         hearings regarding this plan update. Documentation of such participation is
         provided in the Volume I, chapter 1, Planning Commission Review of Document.
         Approval of the PRD by the planning commission in conjunction with the
         extensive public participation provides the necessary documentation to support
         statements made regarding local usage and unique concern.‖

No further justification required.

         CA-2. Increased Public Access

    CA-2. Increased Public Access
    New subdivisions on publicly owned lands shall include public access to, from
    and along coastal water.


Justification for Enforceable Policy CA-2

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

        Public Access - Public land, dedicated rights-of-way, and easements are
         important as recreational trail corridors or as public access to recreational areas



VCMP 2006 Amendment                               -141 -                             03/01/06
      and water bodies. The City of Valdez has the authority to approve the location of
      dedicated public rights-of-way and approve the vacation of existing rights-of-
      ways and public easements. The State of Alaska must also approve the vacation
      of section-line easements. The City of Valdez and other public agencies own
      considerable land in coastal areas, which has the potential to be developed as
      recreational trails or for coastal or river access and parking.

Please see the analysis found in the Resource Analysis which demonstrates that
recreation and coastal access areas in the Valdez Coastal District are sensitive to
development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

      ―The resource inventory and analysis appeared thorough and adequately
      documented and described. We found no instance where they addressed issues
      already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

      “Finding: The unique concern of each use or resource is discussed throughout
      the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
      Table provides the specific pages that relate to each policy.

      Scientific evidence and other information were generated from a number of
      sources, the names of which are provided in references listed in the Bibliography.

      Additionally, documentation of local usage, which demonstrates the unique
      concern of the use or resource, is provided as required. The City of Valdez
      planning commission has held numerous community meetings and public



VCMP 2006 Amendment                           -142 -                             03/01/06
         hearings regarding this plan update. Documentation of such participation is
         provided in the Volume I, chapter 1, Planning Commission Review of Document.
         Approval of the PRD by the planning commission in conjunction with the
         extensive public participation provides the necessary documentation to support
         statements made regarding local usage and unique concern.‖

No further justification required.

         CA-3. Enhanced Public Access

    CA-3. Enhanced Public Access
    Capital Improvements on or adjacent to publicly owned waterfront property shall
    incorporate walkways and viewing platforms whenever practicable to increase public
    access to coastal waters.

    The following types of capital improvements are exempt from this policy: utility
    transmission lines, and utility pipelines.


Justification for Enforceable Policy CA-3

A.      Please see above section under 11 AAC 114.270 (h) (1) (A), which are general
to all recreation and coastal access policies.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

In addition to the analysis found in the Resource Analysis the following local issues
demonstrate that recreation and coastal access areas in the Valdez Coastal District are
sensitive to development.

        Public Access - Public land, dedicated rights-of-way, and easements are
         important as recreational trail corridors or as public access to recreational areas
         and water bodies. The City of Valdez has the authority to approve the location of
         dedicated public rights-of-way and approve the vacation of existing rights-of-
         ways and public easements. The State of Alaska must also approve the vacation
         of section-line easements. The City of Valdez and other public agencies own
         considerable land in coastal areas, which has the potential to be developed as
         recreational trails or for coastal or river access and parking.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.




VCMP 2006 Amendment                              -143 -                                03/01/06
Please see above section under 11 AAC 114.270 (h) (1) (C) above which is a list of
state and federal agency responsibilities and laws that were reviewed to the extent that
they relate to recreation and coastal access.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.




VCMP 2006 Amendment                           -144 -                             03/01/06
      SG-1. Siting of Material Sources

 SG-1. Siting of Material Sources
 To the extent practicable, sources of sand, gravel, rock and other construction
 materials shall be approved in the following sequence:

        a)     existing approved gravel pits or quarries operated in compliance with
               state and federal authorizations;

        b)     reuse of material from abandoned development area, unless reuse could
               cause more damage to resources (excluding air, land and water quality
               regulated by DEC) than non-use;

        c)     new upland sites, except for those designated under important habitat;

        d)     beaches of low habitat values; and

        e)     streams, which do not provide fish habitat.


Justification for Enforceable Policy SG-1

Matter of Local Concern

A district may not address a matter regulated or authorized by state or federal law
unless the enforceable policy relates to a matter of local concern. The following is an
analysis of how enforceable policy SG-1 the specific criterion.

Each policy must meet the test of matter of local concern in 11 AAC 114.279(h)(1)
paragraphs (A), (B), (C) and (D).

A.     11 AAC 114.270 (h) (1) (A):        The policy must relate to a specific coastal use
or resource within a defined portion of the district’s coastal zone.

Analysis:   The enforceable policies for sand and gravel extraction relate to the entire
Valdez Coastal District.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

In addition to the analysis found in the Resource Analysis the following local issues
demonstrate that sand and gravel extraction operations in the Valdez Coastal District
are sensitive to development.




VCMP 2006 Amendment                            -145 -                              03/01/06
      Sand and Gravel Extraction from Rivers and Coastal Waters. Extraction of sand
       and gravel from rivers and coastal areas can cause flooding and erosion and
       degrade fish habitat and water quality in some areas. In other areas, rivers and
       beaches are a renewable and economical source of gravel and fill material.

      Transportation and Infrastructure to Support Sand and Gravel Extraction. The
       development of the sand and gravel industry in portions of the Valdez Coastal
       District is dependent on expansion of transportation and infrastructure including
       ports and harbors, roads, waste disposal facilities, and storage or staging areas
       in coastal locations.

      There is nothing for regulating sand/gravel in the water, i.e. glacier creek.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Analysis: The following is a list of state and federal agency responsibilities and laws
that were reviewed to the extent that they relate to sand and gravel extraction.

Existing Law

AS 27.19.100. Definitions. (1) "materials" means sand, gravel, riprap, rock, limestone, slate,
peat, and other substances from the ground that are not locatable or leasable under state law;

AS 27.19.020. Reclamation Standard. A mining operation shall be conducted in a manner that
prevents unnecessary and undue degradation of land and water resources, and the mining
operation shall be reclaimed as contemporaneously as practicable with the mining operation to
leave the site in a stable condition.

AS 27.19.030. Reclamation Plan.
(a) Except as provided in AS 27.19.050 , a miner may not engage in a mining operation until the
commissioner has approved a reclamation plan for the mining operation.
(b) In reviewing a reclamation plan for state, federal, or municipal land under (a) of this section,
the commissioner may consider, after consultation with the commissioners of environmental
conservation and fish and game and with the concurrence of the miner and landowner, uses to
which the land may be put after mining has been completed, including trails, lakes, recreation
sites, fish and wildlife enhancement, commercial, and agriculture uses.

AS 27.19.040. Reclamation Bonding.
• An individual reclamation performance bond is required. The amount shall reflect
reasonable and probable costs of reclamation, but may not exceed $750 for each acre of
mined area.
• DNR shall establish a statewide bonding pool for mining operations as an alternative to
individual performance bonds. Participating miners shall contribute an initial deposit not to
exceed 15 percent of the reclamation bond plus an additional nonrefundable annual fee not to
exceed five percent of the reclamation bond. DNR shall refund the 15 percent deposit upon


VCMP 2006 Amendment                                 -146 -                                 03/01/06
satisfactory completion of the approved reclamation plan.
• If a miner violates the reclamation plan and fails to comply with a DNR order the
performance bond forfeits into the statewide bonding pool.

AS 27.19.050. Exemption For Small Operations. - AS 27.19.030 (a) and 27.19.040 do not
apply to a mining operation where less than five acres are mined at one location in any year and
there is a cumulative unreclaimed mined area of less than five acres at one location; or where
less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or
removed at one location in any year and there is a cumulative disturbed area of less than five
acres at one location.

AS 27.19.070. Violations.
• A miner who violates the reclamation plan and fails to comply with an order from DNR
forfeits the bond and is liable to the state in a civil action for the full amount of reclamation
and administrative costs. A miner exempted under AS 27.19.050 (a) is subject to civil action
for the full amount of reclamation and administrative costs incurred by the state if DNR
determines that reclamation was not conducted under AS 27.19.020 .
• In addition to other remedies, DNR may suspend or revoke permits not being conducted
under the approved reclamation plan and deny future mining permits and approvals related to
the mining operation for failure to reclaim the mining operation.
• A miner who has forfeited a reclamation bond or been held liable in a civil action under
(a) may conduct future mining operations only after posting a reclamation risk assessment
fee equal to five times the bond liability for the proposed mining operation. The reclamation
assessment fee shall be refunded after two consecutive years of operation consistent with this
chapter.

AS 27.21.160. Performance Bond; Exceptions.
Describes the form of bond, its coverage, term, amount, and adjustments.

AS 27.21.210. Performance Standards.
Requires DNR to adopt regulations consistent with the environmental performance standards of
the Surface Mining Control and Reclamation Act of 1977 and its regulations. All permits shall
require that surface coal mining and reclamation operations and coal exploration activities must
comply with those environmental performance standards

Code of Federal Regulations
C.F.R. 30 Mineral Resources

Other agency responsibilities and existing laws.

      City of Valdez. Development in the City of Valdez require a permit from the City.

      VCMP. Siting of a development in the Valdez coastal areas must be found to be
       consistent with the approved Valdez Coastal Management Program and the
       Alaska Coastal Management Program before a permit may be issued.




VCMP 2006 Amendment                                  -147 -                                 03/01/06
    OHMP. The Office of Habitat Management and Permitting is responsible for
     activities affecting fish streams. A Title 41 Fish Habitat Permit is required for
     activities impeding the efficient passage of fish. Culvert installation; stream
     realignment or diversions; dams; low-water crossings; and construction,
     placement, deposition, or removal of any material or structure below ordinary
     high water are among the activities requiring approval. OHMP is the lead office
     for reviewing projects for consistency with the ACMP Statewide Habitat
     Standard. Certain subsections of the Habitat Standard are particularly relevant
     when considering coastal development.

    DEC. Alaska Department of Environmental Conservation The Alaska
     Department of Environmental Conservation (ADEC) is involved in the permitting
     of floating facilities through its review of either engineered plans submitted for a
     small domestic wastewater system (<500 gpd discharge) or an application
     submitted for authorization under a State wastewater discharge permit for a
     larger domestic wastewater system (up to 10,000 gpd discharge). The
     department focuses on sewage and graywater treatment and disposal to ensure
     that the wastewater discharge will not violate the State’s Water Quality
     Standards. ADEC requires floating facilities to have an installed and properly
     functioning wastewater treatment and disposal system.

    ADF&G. Title 16: Fish and Game. Citation: AS 16
     Implementing Agencies: ADFG, Alaska Department of Public Safety, Alaska
     Boards of Fisheries and Game, Commercial Fisheries Limited Entry Commission
     Jurisdiction: Uplands, 0-3 nautical miles offshore, further for some fisheries
     Title 16 directs the Alaska Department of Fish and Game (ADFG) to ―manage,
     protect, maintain, improve, and extend fish, game, and aquatic plant resources of
     the state in the interest of the economy and general well-being of the state.‖

    Alaska Statutes of Title 29: Municipal Government Citation: AS 29
     Implementing Agencies: Municipal governments, Alaska Department of
     Community and Economic Development
     Jurisdiction: Uplands, 0-3 nautical miles offshore
     Alaska Statute Title 29.35 describes the planning powers for Alaska's different
     classes of municipalities, including planning, platting, and land use regulation.
     Specific authority for comprehensive planning is contained in Title 29.40. Title
     29.40 defines and directs how planning and land use regulatory powers are
     exercised. These powers extend to the municipal boundaries, which can include
     areas up to the three-mile territorial sea limit.

    National Environmental Policy Act (NEPA) - The National Environmental Policy
     Act (NEPA) was enacted as P.L. 91-190 on January 1, 1970. NEPA requires
     federal agencies to analyze the potential effects a federal action would have on
     historical, cultural, or natural aspects of the environment. NEPA ensures
     consideration is given to adverse impacts, alternatives to a proposed action, and
     the relationship between short-term uses and long-term productivity. NEPA has


VCMP 2006 Amendment                           -148 -                              03/01/06
       proved to be one of the U.S.’ most important environmental protection laws. The
       law also authorized the establishment of the Council on Environmental Quality
       (CEQ) in the Executive Office of the President. The CEQ is responsible for
       managing the environmental impact statement process and for counseling the
       executive branch on environmental matters.

      Anadromous Fish and Conservation Act of 1965 Citation: 16 USC 757; Public
       Law 89-304
       Implementing Agencies: U.S. DOI, NMFS
       Jurisdiction: Uplands, 0-200 nautical miles
       This act encourages the conservation, development, and enhancement of
       anadromous fish resources through cooperative agreements with the states and
       other non-federal interests. Authorized are investigations, engineering and
       biological surveys, research, stream clearance, construction, maintenance and
       operations of hatcheries and devices and structures for improving movement,
       feeding and spawning conditions. The Fish and Wildlife Service is authorized to
       conduct studies and make recommendations to EPA concerning measures for
       eliminating or reducing polluting substances detrimental to fish and wildlife in
       interstate or navigable waters, or their tributaries.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

The current sand gravel siting material sources relate to upland sites, this policy would
ensure regulation on gravel extraction from streams and rivers.

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.




VCMP 2006 Amendment                            -149 -                             03/01/06
       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.

       HIST-1.        Protection of Sites

HIST-1. Protection of Sites
A.     If previously undiscovered historic, prehistoric, or archaeological artifices or sites
are encountered during ground disturbing activities, the applicant shall ensure that the find
is protected from further disturbance until the State Historic Preservation Office and the
Valdez coastal coordinator are notified.

B.     The applicant shall consult with the State Historic Preservation Office and Valdez
coastal coordinator, to determination the significance of the find and develop ways to
avoid, minimize or mitigate adverse effects to significant finds.

C.     The applicant is responsible for ensuring that mitigation measures developed to
protect significant prehistoric or historic resources within the project area are carried out.


Justification for Enforceable Policy HIST-1

Matter of Local Concern

A district may not address a matter regulated or authorized by state or federal law
unless the enforceable policy relates to a matter of local concern. The following is an
analysis of how enforceable policy HIST-1 the specific criterion.

Each policy must meet the test of matter of local concern in 11 AAC 114.279(h)(1)
paragraphs (A), (B), (C) and (D).

A.     11 AAC 114.270 (h) (1) (A):        The policy must relate to a specific coastal use
or resource within a defined portion of the district’s coastal zone.

Analysis:   The enforceable policies for Historic, Prehistoric, and Archaeological
Resources relate to the designated areas in the plan.



 VCMP 2006 Amendment                             -150 -                              03/01/06
B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

Analysis:     In addition to the analysis found in the Resource Analysis the following
local issues demonstrate that historic resources in the Valdez Coastal District are
sensitive to development.

 Old Town. The Valdez that exists today is a town rebuilt four miles west of the
original Old Town. Valdez today, sits near the mouth of Mineral Creek. The geologists
recommended the Mineral Creek site because it sits on bedrock rather than on silty,
water-drenched soil. 52 buildings were moved and the other structures were burned
and the ground razed. There are also two historical cemeteries that are located in this
area.

 Mineral Creek. Part of Valdez's heritage is located seven miles up beautiful Mineral
Creek Canyon. Established as a result of gold fever the same fever that gave birth to
the town of Valdez, the Stamp Mill stands a tribute to the efforts of early miners to strike
it rich. The Stamp Mill then and now is state owned, but W.L. Smith built it during the
summer and winter of 1913. It took a total of two men to work the stamp mill at all
times.

 Keystone Canyon. From 1910 to 1916, copper and gold mining flourished in the
Valdez area. There were attempts to build a railroad through the canyon and into the
copper country. Rival railroad corporations fought a gun battle in the canyon to secure
a right-of-way-north of Valdez. A tunnel, which was built at the time, can still be seen
as you drive through the canyon. Hogback Trail traced the route used by the miners.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Analysis: The following is a list of state and federal agency responsibilities and laws
that were reviewed to the extent that they relate to historic resources.

      City of Valdez. Development in the City of Valdez require a permit from the City.

      VCMP. Siting of a development in the Valdez coastal areas must be found to be
       consistent with the approved Valdez Coastal Management Program and the
       Alaska Coastal Management Program before a permit may be issued.

      OHMP. The Office of Habitat Management and Permitting is responsible for
       activities affecting fish streams. A Title 41 Fish Habitat Permit is required for
       activities impeding the efficient passage of fish. Culvert installation; stream
       realignment or diversions; dams; low-water crossings; and construction,
       placement, deposition, or removal of any material or structure below ordinary


VCMP 2006 Amendment                             -151 -                              03/01/06
     high water are among the activities requiring approval. OHMP is the lead office
     for reviewing projects for consistency with the ACMP Statewide Habitat
     Standard. Certain subsections of the Habitat Standard are particularly relevant
     when considering coastal development.

    DEC. Alaska Department of Environmental Conservation The Alaska
     Department of Environmental Conservation (ADEC) is involved in the permitting
     of floating facilities through its review of either engineered plans submitted for a
     small domestic wastewater system (<500 gpd discharge) or an application
     submitted for authorization under a State wastewater discharge permit for a
     larger domestic wastewater system (up to 10,000 gpd discharge). The
     department focuses on sewage and graywater treatment and disposal to ensure
     that the wastewater discharge will not violate the State’s Water Quality
     Standards. ADEC requires floating facilities to have an installed and properly
     functioning wastewater treatment and disposal system.

    ADF&G. Title 16: Fish and Game. Citation: AS 16
     Implementing Agencies: ADFG, Alaska Department of Public Safety, Alaska
     Boards of Fisheries and Game, Commercial Fisheries Limited Entry Commission
     Jurisdiction: Uplands, 0-3 nautical miles offshore, further for some fisheries
     Title 16 directs the Alaska Department of Fish and Game (ADFG) to ―manage,
     protect, maintain, improve, and extend fish, game, and aquatic plant resources of
     the state in the interest of the economy and general well-being of the state.‖

    Alaska Statutes of Title 29: Municipal Government Citation: AS 29
     Implementing Agencies: Municipal governments, Alaska Department of
     Community and Economic Development
     Jurisdiction: Uplands, 0-3 nautical miles offshore
     Alaska Statute Title 29.35 describes the planning powers for Alaska's different
     classes of municipalities, including planning, platting, and land use regulation.
     Specific authority for comprehensive planning is contained in Title 29.40. Title
     29.40 defines and directs how planning and land use regulatory powers are
     exercised. These powers extend to the municipal boundaries, which can include
     areas up to the three-mile territorial sea limit.

    National Environmental Policy Act (NEPA) - The National Environmental Policy
     Act (NEPA) was enacted as P.L. 91-190 on January 1, 1970. NEPA requires
     federal agencies to analyze the potential effects a federal action would have on
     historical, cultural, or natural aspects of the environment. NEPA ensures
     consideration is given to adverse impacts, alternatives to a proposed action, and
     the relationship between short-term uses and long-term productivity. NEPA has
     proved to be one of the U.S.’ most important environmental protection laws. The
     law also authorized the establishment of the Council on Environmental Quality
     (CEQ) in the Executive Office of the President. The CEQ is responsible for
     managing the environmental impact statement process and for counseling the
     executive branch on environmental matters.


VCMP 2006 Amendment                           -152 -                             03/01/06
    Alaska Statutes of Title 41: Public Resources
     Citation: AS 41 Implementing Agencies: ADNR, ADEC
     Jurisdiction: Uplands, 0-3 nautical miles offshore and more in some instances
     These statutes include the regulation of geothermal resources, addresses
     geological and geophysical surveys; oil and gas exploration; soil and water
     conservation; forests, forest resources and practices; parks and recreational
     facilities; multiple use management of public resources; historic preservation; and
     the citizen's advisory commission on federal areas in Alaska. The Department of
     Natural Resources primarily administers the responsibilities under this chapter.
     The Department of Environmental Conservation has management
     responsibilities with regard to nonpoint source pollution under the Clean Water
     Act and the Federal Water Pollution Control Act.

    Alaska Statutes of Title 41: Public Resources
     AS 41.35.010. Declaration of Policy.
     Declares that historic, prehistoric, and archeological resources of the state are
     the subject of concerted and coordinated efforts exercised on behalf of the
     general welfare of the public in order that these resources may be located,
     preserved, studied, exhibited, and evaluated.

    AS 41.35.020. Title to Historic, Prehistoric, and Archeological Resources; Local
     Display.
     The state owns all historic, prehistoric, and archeological resources on state land
     and reserves field archeology on state land to itself. Local cultural groups may
     obtain or retain artifacts from their cultures or areas if they meet a number of
     conditions.

    AS 41.35.030. Designation of Monuments and Historic Sites.
     The governor may declare any particular historic, prehistoric, or archeological
     structure, deposit, site, or other object of scientific or historic interest on state
     land to be a state monument or historic site. When a site is situated on private
     land it may be declared a state monument or historic site with the written consent
     of the owner.

    AS 41.35.040. Administration and Financial Support of Monuments and Historic
     Sites.
     Maintenance of state-owned monuments, sites, and other historic, prehistoric, or
     archeological properties is the responsibility of the state. Privately owned state
     monuments or historic sites are eligible to receive state support for their
     maintenance, restoration, and rehabilitation if they are accessible to the general
     public.

    AS 41.35.050. Regulations.
     The commissioner shall adopt regulations to carry out the purposes of AS
     41.35.010 - 41.35.240. AS 41.35.060. Power to Acquire Historic, Prehistoric, or


VCMP 2006 Amendment                           -153 -                              03/01/06
     Archeological Properties. The department may acquire real and personal
     properties and adjacent property that have statewide historic, prehistoric, or
     archeological significance. The department shall preserve and administer
     property so acquired.

     If an historic, prehistoric, or archeological property which has been found by the
     department is in danger of being sold or destroyed or seriously impaired the
     department may establish the use of the property in a manner necessary to
     preserve its character. If the owner of the property does not wish to follow the
     restrictions of the department, the department may acquire the property by
     eminent domain under AS 09.55.240 - 09.55.460.

    AS 41.35.070. Preservation of Historic, Prehistoric, and Archeological Resources
     Threatened By Public Construction. The department shall locate, identify, and
     preserve historic, prehistoric, and archeological sites, locations and remains.
     Before public construction or public improvement, the department may survey the
     affected area for historic, prehistoric, or archeological values. If historic,
     prehistoric, or archeological sites, locations or remains will be adversely affected,
     the proposed public construction may not be commenced until after necessary
     investigation, recording, and salvage of the site, location or remains. If in the
     course of public construction, historic, prehistoric, or archeological sites,
     locations, remains, or objects are discovered, the department shall be notified
     and it shall survey the area. If it is determined that data exists in the area that has
     exceptional historic, prehistoric, or archeological significance and it is feasible to
     collect and preserve the data, the department shall perform the necessary work
     as expeditiously as possible.

    AS 41.35.080. Permits.
     The commissioner may issue a permit for the investigation, excavation,
     gathering, or removal of any historic, prehistoric, or archeological resources of
     the state. If the resource involved is, or is located on a site, which is of religious
     significance to a cultural group, they must consent before a permit is issued.

    AS 41.35.090. Notice Required of Private Persons.
     Three months notice is required before any work or change is undertaken on a
     privately owned, officially designated state monument or historic site. Within the
     three-month period, the department shall either begin eminent domain
     proceedings or undertake or record and salvage historic, prehistoric, or
     archeological information considered necessary.

    AS 41.35.100. Excavation and Removal of Historic, Prehistoric, or Archeological
     Remains On Private Land. Before historic, prehistoric, or archeological remains
     are excavated or removed from private land by the department, the written
     approval of the owner shall be secured. When the value of the private land is
     diminished by the excavation or removal, the owner shall be compensated.




VCMP 2006 Amendment                            -154 -                               03/01/06
    AS 41.35.200. Unlawful Acts.
     A person may not appropriate, excavate, remove, injure, or destroy, without a
     permit from the commissioner, any historic, prehistoric, or archeological
     resources of the state.
     A person may not possess, sell, buy, or transport within the state, or offer to sell,
     buy, or
     transport within the state, historic, prehistoric, or archeological resources taken or
     acquired in violation of this section or 16 U.S.C. 433. An historic, prehistoric or
     archeological resource that is taken in violation of this section shall be seized.

    AS 41.35.210. Criminal Penalties.
     A person who is convicted of violating a provision of AS 41.35.010 - 41.35.240 is
     guilty of a class A misdemeanor.

    AS 41.35.215. Civil Penalties.
     In addition to other penalties and remedies provided by law, a person who
     violates a provision of AS 41.35.010 - 41.35.240 is subject to a maximum civil
     penalty of $100,000 for each violation.

    AS 41.35.230. Definitions.
     In AS 41.35.010 - 41.35.240, unless the context otherwise requires, (2) "historic,
     prehistoric and archeological resources" includes deposits, structures, ruins,
     sites, buildings, graves, artifacts, fossils, or other objects of antiquity which
     provide formation pertaining to the historical or prehistorical culture of people in
     the state as well as to the natural history of the state.

    Existing Federal Law
     Abandoned Shipwreck Act of 1987
     Citation: 43 United States Code (USC) 2101
     Implementing Agencies: State of Alaska 0-3 nautical miles, National Park
     Service/DOI 0-200 nautical miles
     Jurisdiction: 0-200 nautical miles
     This act sets up a management and ownership regime for abandoned
     shipwrecks. After first considering navigation hazards, these resources can be
     used for recreation, historic preservation, or habitat purposes. States are
     encouraged to manage shipwrecks in ways that protect natural resources and
     habitat areas, guarantee recreational exploration, and allow for public and private
     sector recovery that is consistent with historical values and environmental
     integrity.

    Archaeological Resources Protection Act of 1979
     Citation: 16 USC 470aa-470ll; Public Law 96-095
     Implementing Agencies: U.S. DOI
     Jurisdiction: Uplands and 0-3 nautical miles offshore for lands owned and
     administered by the federal government, except lands on the Outer Continental



VCMP 2006 Amendment                           -155 -                              03/01/06
     Shelf (OCS) and lands of Indian tribes, including those established under the
     Alaska Native Claims

    Settlement Act
     This act establishes a permit system for the protection of archaeological
     resources and sites located on federal lands and Indian lands and for the
     cooperation and exchange of confidential information among certain parties. The
     act addresses excavation, removal, and custody of archaeological resources,
     prohibited acts and enforcement, confidentiality, and cooperation with individuals.
     The act applies to submerged archaeological resources out to the OCS, such as
     historic camps and villages inundated by rising sea levels. See also the National
     Historic Preservation Act.

    National Environmental Policy Act (NEPA)
     Citation: 42 USC. 4321-4347; Pub. L. 91-190, as amended
     Implementing Agency: All federal agencies
     Jurisdiction: Uplands, 0-200 nautical miles
     Signed into law in January 1970, NEPA requires federal agencies to analyze the
     potential effects a federal action would have on historical, cultural, or natural
     aspects of the environment. NEPA ensures consideration is given to adverse
     impacts, alternatives to a proposed action, and the relationship between short-
     term uses and long-term productivity. NEPA has proved to be one of the U.S.’
     most important environmental protection laws. The law also authorized the
     establishment of the Council on Environmental Quality (CEQ) in the Executive
     Office of the President. The CEQ is responsible for managing the environmental
     impact statement process and
     for counseling the executive branch on environmental matters.

     NEPA requires federal agencies to use a systematic, interdisciplinary approach
     in planning and decision making to 1) insure that unquantified values are given
     appropriate consideration, and 2) provide detailed statements on the
     environmental impacts of proposed actions. This approach is used for both
     environmental assessments of projects expected to have relatively minor
     impacts, and environmental impact statements of projects that may have more
     significant impacts. The analysis includes consideration of:
             • Any adverse impacts;
             • Alternatives to the proposed action; and
             • The relationship between short-term uses and long-term productivity.

    National Historic Preservation Act
     Citation: 16 USC 470; Public Law 89-665
     Implementing Agencies: ADNR, U.S. DOI
     Jurisdiction: Uplands
     This act is the basic federal law for identification, designation, and protection of
     historical resources. Prehistoric human habitation and special use sites have
     been inundated by rising sea levels. Many of these sites are very old and


VCMP 2006 Amendment                           -156 -                               03/01/06
       represent unique and significant archaeological resources. The act establishes
       policy for the protection of historic sites and for cooperating with local, state, and
       foreign governments. Title III National Marine Sanctuaries Act gives NOAA the
       responsibility to administer the National Marine Sanctuary Program and to
       preserve and protect marine areas that have special significance based on their
       conservation, recreational, ecological, historic, research, educational, or
       aesthetic qualities. There are no National Marine Sanctuaries in Alaska.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.

D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.




VCMP 2006 Amendment                              -157 -                              03/01/06
       HIST-2.       Valdez Historical Cemeteries

 HIST-2. Valdez Historical Cemeteries
 The designated Valdez Historical Cemeteries shall be protected for long-term use
 as cemeteries. No other uses of these areas are allowed.


Justification for Enforceable Policy HIST-2

Matter of Local Concern

A district may not address a matter regulated or authorized by state or federal law
unless the enforceable policy relates to a matter of local concern. The following is an
analysis of how enforceable policy HIST-1 the specific criterion.

Each policy must meet the test of matter of local concern in 11 AAC 114.279(h)(1)
paragraphs (A), (B), (C) and (D).

A.     11 AAC 114.270 (h) (1) (A):        The policy must relate to a specific coastal use
or resource within a defined portion of the district’s coastal zone.

Analysis:   The enforceable policies for Historic, Prehistoric, and Archaeological
Resources relate to the designated areas in the plan.

B.      The following is an analysis of how this enforceable policy meets the specific
criterion 11 AAC 114.270 (h) (1) (B):     The policy must relate to a coastal use or
resource that is sensitive to development.

Analysis:     In addition to the analysis found in the Resource Analysis the following
local issues demonstrate that sand and gravel extraction operations in the Valdez
Coastal District are sensitive to development.

C.    11 AAC 144.270 (h) (1) (C):       The policy must address a coastal use or
resource that is not adequately addressed by state or federal law.

Please see analysis under HIST-1 for a list of state and federal laws.

Comments received from the Office of Habitat Management and Permitting (OPMP) on
the VCMP Public Review Draft in May 2005 stated as follows:

       ―The resource inventory and analysis appeared thorough and adequately
       documented and described. We found no instance where they addressed issues
       already covered under state or federal authority.‖

There were no comments submitted by federal and state agencies on the Public Review
Draft that indicate that the policy duplicates existing agency regulations.


VCMP 2006 Amendment                            -158 -                             03/01/06
D.      The following is an analysis of how this enforceable policy meets the specific
criteria of 11 AAC 144.270 (h) (1) (D): The policy must relate to a coastal use or
resource that is of unique concern to the district through documentation of local usage
or scientific evidence.

The following finding was provided by OPMP after review on the VCMP Public Hearing
Draft on April 25, 2005. The finding states as follows:

       “Finding: The unique concern of each use or resource is discussed throughout
       the Resource Inventory and Analysis. The Enforceable Policy Cross Reference
       Table provides the specific pages that relate to each policy.

       Scientific evidence and other information were generated from a number of
       sources, the names of which are provided in references listed in the Bibliography.

       Additionally, documentation of local usage, which demonstrates the unique
       concern of the use or resource, is provided as required. The City of Valdez
       planning commission has held numerous community meetings and public
       hearings regarding this plan update. Documentation of such participation is
       provided in the Volume I, chapter 1, Planning Commission Review of Document.
       Approval of the PRD by the planning commission in conjunction with the
       extensive public participation provides the necessary documentation to support
       statements made regarding local usage and unique concern.‖

No further justification required.




VCMP 2006 Amendment                           -159 -                             03/01/06
Appendix C. Administrative Policies
Coastal Development
       A.            Cooperative Uses of Facilities

Cooperative use of piers, cargo handling, storage, parking or other waterfront facilities is
strongly encourage.

       B.            Coordination

The City of Valdez shall use zoning, subdivision and floodplain ordinances and building
codes as well as implementation procedures set forth in this plan to implement the
district plan. Local regulation shall allow flexibility in the techniques used to achieve the
desired goals and objectives of the local government, as expressed in the District
Coastal Management Program.

       C.            Optimum Location

The City of Valdez shall assist with the identification of suitable sites for industrial
development, which satisfy industrial requirements, meet safety standards, protect fish
and wildlife resources and maintain environmental quality.

       D.            Dredges and Excavation Material

Dredge and site excavation material should be disposed of in sites which will be
approved by the Community Development Department. Dredge spoils may also be
disposed of by deep-water method with the appropriate local, state and federal
permitting.

Natural Hazards

       A.     Coordination

The City of Valdez shall work with state and federal governments and private
interests to gather geophysical information, analyze the extent of hazards, and
recommend proper siting, design, and construction measures in order to
maximize safe utilization of hazardous lands.

       B.     Glacier Stream Flood Plain Plan

The City of Valdez shall prepare a Glacier Stream Gravel Management Plan to direct
gravel mining within the Glacier Stream flood plain.




VCMP 2006 Amendment                              -160 -                              03/01/06
Recreation and Coastal Access
       A.     Development of Recreation and Tourism

The City of Valdez shall encourage recreational and tourism development and
improvement of the aesthetics of the city. Recreational developments shall provide the
local population a wide range of recreation opportunities in appropriate locations. .

       B.     Public Recreation

The City of Valdez shall support local, state, and federal efforts to develop marine
parks, roadside pullouts and other recreation facilities on public lands within the
adjacent to the Valdez coastal district boundaries.

       C.     Recreation Facilities

The City of Valdez shall continue to provide access to the shoreline through trails, bike
paths, and development of state public interest lands under its management..

Sand and Gravel Extraction
       A.     Material Sources

Applicants proposing activities that require development of new gravel or other material
resources will coordinate with the City of Valdez in the identification of material sites.

Historic, Prehistoric, and Archaeological Resources
       A.     Resource Identification

Because prehistoric and archeological sites are important assets, the City of Valdez
shall institute programs designed to identify and protect all significant sites not already
protected by federal and state programs.

Commercial Fishing and Seafood Processing
       A.     Fisheries Enhancement

Fisheries programs will strive to maintain, restore, develop or enhance the natural
biological productivity of Port Valdez, anadromous fish streams and lakes in the coastal
zone.

       B.      Priority Areas for Seafood Processing Facilities

Development of new seafood processing facilities and expansion of existing seafood
processing facilities shall be a priority in areas designated for seafood processing.


VCMP 2006 Amendment                             -161 -                              03/01/06
Appendix D. Public Hearing Draft Distribution
List
The Valdez PHD was distributed to the following state and federal agencies for
comment from April 4, 2005 through April 25, 2005.

Name                Agency           E-Mail                                  Phone
State Agencies
Wayne Dolezal       ADF&G            wayne_dolezal@fishgame.state.ak.us      907-267-2333
Robin Willis        ADF&G            robin_willis@fishgame.state.ak.us       907-267-2329
Christy Miller      DCCED            christy_miller@commerce.state.ak.us     907-269-4567
Sally Cox           DCCED            sally_cox@commerce.state.ak.us          907-269-4614
Peter McKay         DCCED            peter_mckay@dced.state.ak.us            907-465-5555
Fran Roche          DEC              fran_roche@dec.state.ak.us              907-465-5320
Laura Hastings      DEC              laura_hastings@dec.state.ak.us          907-465-5061
Stefani Ludwig      DNR              stefanie_ludwig@dnr.state.ak.us         907-269-8720
Janet Burleson
Baxter              DNR              janet_burleson@dnr.state.ak.us          907-465-4730
Rod Combellick      DNR/DGGS         rod_combellick@dnr.state.ak.us          907-451-5007
Patty Craw          DNR/DGGS         patricia_craw@dnr.state.ak.us           907-459-5009
Roselynn Ressa
Smith               DNR/DMLW         roselynn_smith@dnr.state.ak.us          907-451-2727
Rick Jandreau       DNR/Forestry     richard_jandreau@dnr.state.ak.us        907-262-4124
Pat Glavin          DNR/O&G          patrick_galvin@dnr.state.ak.us          907-269-8775
Kerry Howard        DNR/OHMP         kerry_howard@dnr.state.ak.us            907-465-3176
Al Ott              DNR/OHMP         al_ott@dnr.state.ak.us                  907-459-7289
Gina Shirey-Potts   DNR/OPMP         gina_shirey-potts@dnr.state.ak.us       907-465-3177
Katharine Heumann   DNR/OPMP         Katharine_Heumann@dnr.state.ak.us       907-465-3529
Kim Kruse           DNR/OPMP         kim_kruse@dnr.state.ak.us               907-269-7473
Randy Bates         DNR/OPMP         randy_bates@dnr.state.ak.us             907-465-8797
Sylvia Kreel        DNR/OPMP         sylvia_kreel@dnr.state.ak.us            907-465-3541
Sara Hunt           DNR/OPMP         Sara_Hunt@dnr.state.ak.us               907-465-8788
Bruce Anders        DOL              bruce_anders@law.state.ak.us            907-269-5278
Bill Ballard        DOT              bill_ballard@dot.state.ak.us            907-465-6954
Stewart Seaberg     DNR/OPMP         stewart_seaberg@dnr.state.ak.us         907-267-2285
Federal Agencies
Larry Standley      BLM              larry_standley@ak.blm.gov               907-271-1989
Kenton Taylor       BLM              kenton_taylor@ak.blm.gov                907-271-3131
John Klutz          COE              john.r.klutz@poa02.usace.army.mil       907-753-5553
Larry Bartlett      COE              larry.d.bartlett@poa02.usace.army.mil   907-753-2690
Greg Kellogg        EPA              Kellogg.Greg@epamail.epa.gov            907-271-6328
Burney Hill         EPA              hill.burney@epa.gov                     206-553-1761
John Gabrielson     EPA              gabrielson.john@epa.gov                 206-553-4183
John Louie          FAA              john.louie@faa.gov                      907-271-3741
David Turner        FERC             david.turner@ferc.gov
Mike Henry          FERC             mike.henry@ferc.gov
Randy Coleman       FS               rcoleman@fs.fed.us                      907-586-8814
Mary Lynn Nation    FWS              mary_nation@fws.gov                     907-786-3519
Steve Brockmann     FWS              steve_brockmann@fws.gov                 907-586-7487
Leonard Corin       FWS              Leonard_Corin@fws.gov                   907-786-3619
David Johnston      MMS              david.johnston@mms.gov                  907-339-6200
Jon Kurland         NOAA             jon.kurland@noaa.gov                    907-271-3029
Jeanne Hanson       NOAA Fisheries   jeanne.hanson@NOAA.gov                  907-271-3029



VCMP 2006 Amendment                              -162 -                              03/01/06
Katharine Miller   NOAA Fisheries   katharine.miller@NOAA.gov               907-586-7645
Joan Darnell       NPS              joan_darnell@nps.gov                    907-257-2648
Heather Rice       NPS              heather_rice@nps.gov                    907-644-3531
Mike Dombkowski    USCG             mdombkowski@cgalaska.uscg.mil           907-463-2421
Cecil McNutt       USGC             cmcnutt@cgalaska.uscg.mil               907-463-2470
Kevin Morgan       COE              Kevin.D.Morgan@poa02.usace.army.mil     907-753-2709
Frances Mann       FWS              francis_mann@fws.gov                    907-271-3050
William Meyers     COE              william.s.meyers@poa02.usace.army.mil   907-753-2790




VCMP 2006 Amendment                            -163 -                             03/01/06
Appendix E. Summary of Agency Comments
Acronyms used in summary of Agency Comments.

ADF&G        Department of Fish & Game
DCA          Division of Community Advocacy/Dept. of Commerce
DEC          Department of Environmental Conservation
DGGS         Division of Geological & Geophysical Surveys/DNR
DMLW         Division of Mining, Land and Water/DNR
DNR          Department of Natural Resources
OHA          Office of History & Archaeology/DNR
OHMP                Office Habitat Management and Permitting/DNR
OPMP         Office of Project Management and Permitting/DNR
VCMP         Valdez Coastal Management Plan
VPC          Valdez Planning Commission

General comments not related to specific enforceable policies or designated areas.

1.    OPMP General Comments All suggested revisions were made.

1A.   AAC 114.200 requires that the means used to achieve an objective must be stated in the district plan. For those objectives
      that do not result in an enforceable policy, the explanation of how the City of Valdez intends to achieve that objective must be
      included. Objectives may be implemented through local actions identified in the implementation chapter or advisory policies,
      in addition to enforceable polices. You could achieve this requirement by including additional explanation of the various ways
      objectives are achieved in Volume I, Chapter 3: Issues, Goals, Objectives, Policies and Designated Areas.

1B.   There is no justification or rational included explaining the biophysical reasoning for using the 1,500 foot contour. This could
      become important when a direct federal action outside the coastal zone may impact coastal resources within the coastal
      zone. In addition, future proposed changes to the coastal zone boundary would benefit by an understanding of the rational for
      the current boundary.

1C.   The coastal zone boundary definition must exclude federal lands from the coastal zone.




                  VCMP 2006 Amendment                               -164 -                                03/01/06
1D.   Resource Inventory. The matter of local concern test must be met including documentation of sensitivity to development,
      adequately addressed and documentation of unique concern. Can put in the resource inventory/analysis section or the
      enforceable policies section.

1E.   Place administrative policies within text boxes and in a separate appendix.

1F.   In Chapter Three, while it is convenient to have the IGO’s, State Standards, Definitions Designated Areas and Enforceable
      Policies together in one section, consider reformatting to separate text boxes for State Standards and Definitions to sidebars
      and tie each objective to an implementation strategy. This would also be the place for a section on adequately addressed,
      how it is of unique concern to the district and how the resource is sensitive to development.

2.    OHMP General Comments

2A.   The enforceable policies within the Draft CMP appeared thorough. We found no instance where they addressed
      issues already covered under state or federal authority.

2B.   The resource inventory and analysis appeared thorough and adequately documented and described.

2C.   Many of the designated area descriptions reference a Chapter 8, where the Draft CMP has only 6 chapters.

2D.   Section 3.4 references the Robe Lake Rehabilitation Project that was to be completed by 1989. Was it completed,
      and if so are the results available? If it is ongoing are there any standards to be achieved or goals that should be
      outlined within the Coastal plan upon which to gauge future development within this designated area?

2E.   Section 3.4 under recreation; a cross-country ski trail was to be developed starting in 1986. Was it started and
      what is the current status?

3.    DEC General Comments

3A.   Administrative Policies – There is nothing in statute or regulations that authorizes ―administrative policies‖. The
      ACMP has long suffered from a lack of precision and clarity in what is and is not required to be consistent with an
      approved coastal district. The requirement for District enforceable policies in 11 AAC 114.270 to be clear and
      concise as to the activities and persons affected by the policy is undermined by the introduction of ―administrative‖
      policies that have no basis in law.



                  VCMP 2006 Amendment                               -165 -                               03/01/06
      It is clear the VCMP has set out administrative policies in an attempt to affect behavior. Under 11 AAC 110.040,
      DEC is mandated to conduct a consistency review on an activity against applicable district enforceable policies and
      statewide standards. VCMP does not explain any difference between enforceable policies and administrative
      policies. DEC believes that non-enforceable administrative policies are likely to generate controversy. DEC will not
      implement administrative policies.

      AS 46.40.100 allows for an authorized party to petition DNR showing that a district coastal management plan is not
      being implemented. An approved District Plan that includes administrative policies raises a number of
      implementation questions that would not arise if the Plan’s policies were limited to enforceable policies. DEC
      believes that the inclusion of administrative policies in the Plan will promote confusion over what must be
      implemented and increase the likelihood of petitions to DNR showing that the District Plan’s administrative policies
      are not being implemented. If DNR intends to enforce administrative policies within approved district plans, the
      policies need to be renamed as enforceable policies and meet the requirements of an enforceable policy. Most (if
      not all) of the administrative policies in the VCMP are administrative because they do not meet the requirements of
      an enforceable policy. Administrative policies do not belong in a coastal district plan approved by the state under
      AS 46.40.060.

      DEC Recommendation: Delete all administrative policies from the District Plan.

4.    DGGS General Comments

4A.   General comments that apply to Volume 1 and Volume 2

      ―Natural Hazards‖ is terminology that refers to the old regulations. You may want to replace the term ―geophysical‖
      with ―natural‖. If you can’t use the more recent terminology because of the chapters carried over from the 1986
      plan, you may want to include statements that explain why you are sticking with the old terminology and how it
      relates to natural hazards.

4B. You may want to consider including Climate Change in your natural hazards section at some later time. See the
Kodiak draft plan for an example. They presented strong scientific evidence for including climate change. Do not have
time/ budget for extra work.
5.     DCA General Comments



                 VCMP 2006 Amendment                          -166 -                             03/01/06
5A.   Ensure the VCMP is not adopting by reference existing statutes. Not applicable.

5B.   Provide documentation on what paper and on what date the ―Notice of Amendment to Valdez Coastal Management
      Plan‖ press release was published. Public notice, Page 3, Volume 1.

5C.   Provide documentation on the dates and in what Council and Planning meetings, including work sessions, in which
      the Valdez CMP was on the agenda and public comments taken. Pages 2 – 3.

5D.   Provide documentation that Valdez attended the ACMP District Workshop on October 22-24, 2004. Attached.

      The documentation need not be actual minutes from the meetings in question, rather just the dates on which the
      meetings were held and the date and name of the paper in which the public notice was published.

6.    DMLW General Comments

6A.   Shoup Bay Land Management and Status The last statement is not clear. Explain what federal and state
      interests are being referred to, that is municipal entitlements, federal designation, etc.

      Barrier Islands and Lagoons Provide a more thorough list of disallowed uses as referred to in the statement
      ―material borrows or other activities that could damage habitats should be prohibited‖. Not applicable.

6B.   Valdez Glacier, Lake, and Stream. Water Quality – The last statement refers to ―conservation district‖. This term
      needs an explanation. Revised.

      Recreation – There is not sufficient resource inventory information to support a recreation designation of this area.
      The area supports a mix of uses, including industrial and residential. To meet the criteria for a recreation
      designation, include more information about the recreational uses unique to this area and what activities and uses
      may impact the existing recreational uses. Revised

6C.   Robe Lake. Recreation - Update the information under this heading. The references to possible improvements
      date to 1986. Include the list of recreational uses if they are actually occurring now, see Preferred Local Uses.




                 VCMP 2006 Amendment                           -167 -                             03/01/06
             Important Upland Habitat – Expand on the reasons this is important upland habitat. Consider including prohibited
             uses if protection is a high priority. Three subtitles refer to recreation; this is confusing. Combine these paragraphs
             into one discussion. Revised.

     6D.      Solomon Gulch. There is not enough information in the Resource Inventory and Analysis to access whether this
             area meets the criteria for a designated recreation area. Revised.

     6E.     General Comment: State land designations and management guidelines are described in the Prince William
             Sound Area Plan for State Lands (PWSAP), June 1988. When referring to land designations on state land, this
             document should be referenced. In addition, there is a slight wording discrepancy. Change ―State Public Interest
             Land designation‖ to ―State Public Land designation‖ per the PWSAP. Revised.


POLICY TEXT:                                                                              AGENCY COMMENTS /
                                                                                          DISCUSSION:
CD 1.           Prioritization of Waterfront Land Use                                     OPMP: This policy was one of the sample policies
In accordance with the prioritization requirement set forth in 11 AAC 112.200(b),         that was deemed acceptable 1/18/05.
Waterfront property will be developed in the following order of prioritization.
A.       Water Dependent Uses and Activities. The following non-exhaustive list of        ADF&G: No comments to offer on policy.
land and water uses and activities are considered ―water dependent‖. Such uses            Including a map depicting land ownership,
are economically or physically dependent upon a coastal location, and as such are         especially Federal lands, within the district would
given a higher priority than those land and water uses and activities that are not        be informative.
water-dependent: fish hatcheries; mariculture activities; fish processing; log storage
and transfer; float plane bases, boat harbors, freight, fuel, or other docks; marine-     No further analysis needed.
based tourism facilities; boat repair, haul outs, marine ways, and accessory
attached housing; remote recreational cabins dependent on water access; and
facilities that serve as inter-modal transportation links for the transfer of goods and
services between the marine transportation system and the road system.
B.       Water Related Uses. The following non-exhaustive list of uses and activities
are considered ―water related,‖ and thus given a lower priority of use than those
previously listed as ―water dependent‖: marine retail stores and commercial
activities such as hotels, restaurants, and other similar uses that provide views and


                        VCMP 2006 Amendment                            -168 -                                03/01/06
POLICY TEXT:                                                                                            AGENCY COMMENTS /
                                                                                                        DISCUSSION:
access to the waterfront.

C.    Nondependent Uses. Uses and activities, which are neither water
dependent nor water-related, but for there is no practicable inland alternative to
meet the public need for the use or activity, receive the lowest priority. Such uses
and activities shall be permitted when it is not practicable to develop a site with a
water-dependant or water-related use or activity due to shallow bathymetry or
unusual lot characteristics such as substandard size, frontage, or steep
topography.

CD-2.          Fill Below Mean High Water
Piling-supported or floating structures shall be used for construction below mean                       OPMP: This policy was one of the sample policies
high water unless clear and convincing evidence shows that all of the following                         that was deemed acceptable 1/18/05.
conditions exist.
A.     There is a documented public need for the proposed activity;                                     No further analysis needed.
B.     There are no practicable inland alternatives that would meet the public need
and allow development away from the waterfront;
C.     Denial of the fill would prevent the applicant from making a reasonable use
of the property;
D.     The fill is placed in a manner that minimizes impacts on adjacent uses,
public access easements along the shoreline and water views;
E.     The fill is the minimum amount necessary to establish a reasonable use of
the property; and
F.      Development of the property would support a water dependent use. The following publicly-
owned facilities are exempt from this policy: Log and mining transfer facilities, bridges, causeways,
boat ramps, utility transmission facilities, pipelines, treatment plant lines and outfalls, and
transportation facilities.

                                                                                                        OPMP: This policy was one of the sample policies
CD-3.        Preservation of Navigational Access Below Mean High Water                                  that was deemed acceptable 1/18/05.
Placement of structures or dredged or fill material into coastal waters, to include


                            VCMP 2006 Amendment                                    -169 -                                 03/01/06
POLICY TEXT:                                                                         AGENCY COMMENTS /
                                                                                     DISCUSSION:
tidelands below mean high water, shall maintain unobstructed navigational access     DMLW: AS 38.05.128 Obstructions to navigable
of adjacent waterfront property owners.                                              water. A person may not obstruct or interfere with the
                                                                                     free passage or use by a person of any navigable water
                                                                                     unless the obstruction or interference is (1) authorized by
                                                                                     a federal agency and a state agency; (2) authorized under
                                                                                     a federal or state law or permit; (3) exempt under 33
                                                                                     USC 1344(f) (Clean Water Act); caused by the normal
                                                                                     operation of freight barging that is otherwise consistent
                                                                                     with law; or (5) authorized by the commissioner after
                                                                                     reasonable public notice.
                                                                                     (e) Free passage or use of any navigable water includes
                                                                                     the right to enter adjacent land above the ordinary high
                                                                                     water mark as necessary to portage around obstacles or
                                                                                     obstructions to travel on the water, provided . . .

                                                                                     Add wording that takes into account times when
                                                                                     obstructions are allowed.

                                                                                     Revised as suggested.

CD-4.          Tidelands Viewsheds                                                   OPMP: This policy was one of the sample policies
Pursuant to the restrictions of 11 AAC 112.200(c), placement of structures or        that was deemed acceptable 1/18/05.
dredged or fill material in tidelands below mean high water, shall minimize to the   This policy could possibly be strengthened by the
maximum extent practicable obstruction of the water views as currently enjoyed.      following considerations:

                                                                                     “minimize to the maximum extent practicable
                                                                                     obstruction to the water views as currently enjoyed”
                                                                                     As written, this policy provides intent but is broadly
                                                                                     stated and will be difficult to apply effectively to
                                                                                     projects. “Minimize to the maximum extent
                                                                                     practicable” is a broad statement coupled with
                                                                                     “views as currently enjoyed.” “Currently enjoyed”


                       VCMP 2006 Amendment                            -170 -                              03/01/06
POLICY TEXT:                                                                              AGENCY COMMENTS /
                                                                                          DISCUSSION:
                                                                                          could be read as a no development clause. Also,
                                                                                          views enjoyed by whom: the adjacent property
                                                                                          owner or the property owner on the opposite side of
                                                                                          the bay or the passerby? From which perspective:
                                                                                          from someone on the water (in a boat) looking
                                                                                          shoreward, from sea level looking seaward, or from
                                                                                          the mountain pass looking seaward? Clarifying the
                                                                                          perspective and more tightly defining obstruction of
                                                                                          the water views might make this policy more
                                                                                          effective.

                                                                                          No further analysis needed.



CD-5.           Floating Facilities                                                       OPMP: This policy was one of the sample policies
Floating facilities in coastal waters within the Valdez Coastal District shall be sited   that was deemed acceptable 1/18/05.
and operated to utilize anchoring methods that securely anchor the facility during
high winds and extreme tides prevalent in the area.                                       No further analysis needed.

                                                                                          OPMP: This policy was one of the sample policies
RT-1. Management of Designated Recreational Use Areas                                     that was deemed acceptable 1/18/05.
Proposed uses or activities in the designated areas shall not prevent or significantly
impede hunting, fishing, clamming, beach combing, hiking, nature observation, and         DMLW: The Resource Inventory and Analysis
other recreational uses within the designated areas.                                      does not provide sufficient information to support
                                                                                          application of this policy in some of the designated
                                                                                          areas.

                                                                                          Resource Analysis has been revised.




                        VCMP 2006 Amendment                              -171 -                              03/01/06
POLICY TEXT:                                                                         AGENCY COMMENTS /
                                                                                     DISCUSSION:
RT-2. Management of Designated Recreational Beaches
Proposed uses or activities in the designated areas shall avoid or minimize direct   OPMP: This policy was one of the sample policies
and significant impacts upon the physical, biological, or cultural features upon     that was deemed acceptable 1/18/05.OK.
which recreation on the designated beach depends.
                                                                                     DEC: The “physical ….features upon which
                                                                                     recreation on the designated beach depends” may
                                                                                     refer to air, land and water quality which is a matter
                                                                                     regulated by DEC AS 46.03, AS.46.04. AS 46.09 or
                                                                                     AS.14 and cannot be part of a district enforceable
                                                                                     policy according to 11 AAC 114. 270 (f). The
                                                                                     Valdez Coastal District must clarify that this policy
                                                                                     does not apply to air land and water quality or delete
                                                                                     the word physical in order to resolve the overlap
                                                                                     with DEC authorities

                                                                                     No further analysis needed.

RT-3. Keystone Canyon Visually Important Backdrops and Visual Point of               OPMP: Keystone Canyon need to be a designated
Interest                                                                             area
Keystone Canyon has important backdrops and points of interest. Scenic impacts       Change “though” to “through”
shall be avoided or minimized though setbacks and other design standards. Site       Third sentence addressed in CD covered by 112.200
clearing and re-grading shall be minimized to the maximum extent practicable.        (c), so would not be allowed.

                                                                                     No further analysis needed.




                       VCMP 2006 Amendment                           -172 -                             03/01/06
POLICY TEXT:                                                                             AGENCY COMMENTS /
                                                                                         DISCUSSION:
RT-4. Protection of Recreational Use                                                     OPMP: This policy was one of the sample policies
Projects located within designated recreational use areas shall be located,              that was deemed acceptable 1/18/05.
designed, constructed, and operated to minimize adverse impacts to the
physical, biological, or cultural features of the recreational use area.                 DEC: The phrase ―minimize adverse impacts
                                                                                         to the physical …features of the recreational
                                                                                         area‖ may refer to minimizing adverse impacts
                                                                                         to air, land and water quality which is a matter
                                                                                         regulated by DEC under AS 46.03, AS.46.04.
                                                                                         AS 46.09 or AS.14 and cannot be part of a
                                                                                         district enforceable policy according to 11 AAC
                                                                                         114. 270 (f). The Valdez Coastal District must
                                                                                         clarify that this policy does not apply to air land
                                                                                         and water quality or delete the word physical in
                                                                                         order to resolve the overlap with DEC
                                                                                         authorities.

                                                                                         ADF&G: This seems redundant with RT-2. Can
                                                                                         they be combined?

                                                                                         Policy has been deleted.

RT-5. Conflict Mitigation                                                                OPMP: OK, but insert the word “designated”
Where practicable projects within recreational use areas shall be located, designed,     before “recreational”
constructed, and operated in a manner that minimizes conflicts with competing            This policy could be strengthened by the following
recreational uses of the area. If minimization of such conflicts is impracticable, the   rewrite:
applicant to the maximum extent practicable shall provide alternative recreation
opportunities or access.                                                                 Projects within recreational use areas shall be
                                                                                         located, designed, constructed, and operated in a
                                                                                         manner that minimizes conflicts with competing
                                                                                         recreational uses of the area. If minimization of
                                                                                         such conflicts is impracticable, the applicant shall


                        VCMP 2006 Amendment                           -173 -                                03/01/06
POLICY TEXT:                                  AGENCY COMMENTS /
                                              DISCUSSION:
                                              provide alternative recreation opportunities or
                                              access.

                                              DMLW: I believe the intent is to minimize
                                              conflicts between some non-recreation use and an
                                              existing recreation use, rather than between two
                                              recreation uses. Delete “competing”.

                                              AD&G: The last sentence could use clarification.
                                              Does this mean that if 2 companies offering guided
                                              trail hikes operate in the same designated area the
                                              second company should offer a different service or
                                              offer the same service in another portion of the
                                              designated area?

                                              Policy has been revised.




               VCMP 2006 Amendment   -174 -                      03/01/06
POLICY TEXT:                                                                                       AGENCY COMMENTS /
                                                                                                   DISCUSSION:
CA-1. Maintenance of Public Access to Coastal Water                                                OPMP: This policy was one of the sample policies
Proposed uses or activities shall not impede or degrade access to and within                       that was deemed acceptable 1/18/05.
designated recreation areas.
                                                                                                   DMLW: On state-owned land, DNR reserves
                                                                                                   public access along public and navigable water
                                                                                                   bodies prior to disposal. However, reservation of
                                                                                                   the public access is not required if regulating or
                                                                                                   limiting access is necessary for other beneficial
                                                                                                   uses or public purposes. AS 38.04.050; AS
                                                                                                   38.04.055; AS 38.05.127;11 AAC 51.015.

                                                                                                   The policy would be acceptable with the following
                                                                                                   change: Proposed uses or activities shall not
                                                                                                   impede or degrade access to and within designated
                                                                                                   recreation areas, except on state land, this
                                                                                                   requirement may be waived if regulating or limiting
                                                                                                   access is necessary for other beneficial uses or
                                                                                                   public purposes.

                                                                                                   Policy has been revised as suggested.

CA-2. Increased Public Access                                                                      OPMP: This policy was one of the sample policies
New subdivisions on publicly owned lands shall include public access to, from and                  that was deemed acceptable 1/18/05.
along coastal water.                                                                               “publicly owned lands” – Do CA-1 through CA-3
                                                                                                   apply only to publicly owned lands or do they apply
                                                                                                   to lands that were once publicly owned but have
                                                                                                   been sold or disposed to private parties?

                                                                                                   No further analysis needed.
CA-3. Enhanced Public Access                                                                       OPMP: This policy was one of the sample policies
Capital Improvements on or adjacent to publicly owned waterfront property shall incorporate        that was deemed acceptable 1/18/05.
walkways and viewing platforms whenever practicable to increase public access to coastal waters.   -do you mean “practicable” rather than “pratical”?


                           VCMP 2006 Amendment                                   -175 -                              03/01/06
POLICY TEXT:                                                                                           AGENCY COMMENTS /
                                                                                                       DISCUSSION:
The following types of capital improvements are exempt from this policy: utility transmission lines,
and utility pipelines.

EF-1. Pipeline and Utility Corridors.                                                                  OPMP: Does not add anything to the EF standard at
To the extent practical, existing pipeline and utility corridors shall be used for new                 112.230, so would not be approvable.
facilities or expansion of existing facilities rather than developing new corridors.
                                                                                                       The Planning Commission decided to leave the
                                                                                                       energy polices in the document until further
                                                                                                       guidance from OPMP is provided.

EF-2. Underground Construction                                                                         OPMP: Or, include in Designated Recreation
Where practicable, pipelines and utilities shall be installed underground in areas of                  Areas
high recreational or scenic value or intensive public use.                                             Tie to 112.240(b)(3)

EF3. Underwater Construction                                                                           OPMP: OHMP may cover this and/or 112.230
To the extent practicable, underwater pipelines shall be buried. If pipelines are not                  (12), so likely not approvable.
buried they shall be designed to allow for the passage of fishing gear, or the
pipeline route shall be selected to avoid important fishing areas, and anadromous                      OHMP: The enforceable policies within the
fish migration and feeding areas.                                                                      Draft CMP appeared thorough. We found no
                                                                                                       instance where they addressed issues already
                                                                                                       covered under state or federal authority.

                                                                                                       DMLW: Clarify if this includes both freshwater
                                                                                                       and tideland construction.

EF 4. Overhead Utility Lines                                                                           OPMP: 112.230 (1) may cover this or is this more
Overhead utility lines shall be visibly marked where necessary to avoid hazard to                      specific? Would need adequately addressed
low-flying aircraft.                                                                                   argument. May be Okay if not addressed by other
                                                                                                       state or federal law (FAA?)




                            VCMP 2006 Amendment                                    -176 -                               03/01/06
POLICY TEXT:                                                                       AGENCY COMMENTS /
                                                                                   DISCUSSION:
EF 5. Pipeline Construction                                                        OPMP: Covered by OHMP or 112.230 (12), so
To the extent practicable, pipelines shall be sited, designed, constructed, and    policy would not be approvable.
maintained to minimize risk to fish and wildlife habitats from a spill, pipeline
break, or other construction activities.                                           OHMP: The enforceable policies within the
                                                                                   Draft CMP appeared thorough. We found no
                                                                                   instance where they addressed issues already
                                                                                   covered under state or federal authority.

                                                                                   DEC: Policy EF-5 Pipeline Construction must
                                                                                   be deleted since it includes requirements
                                                                                   regarding minimizing the risk of a spill or
                                                                                   pipeline break. These are matters identified
                                                                                   under the Powers of the department in AS
                                                                                   46.03.020 10‖(B) safeguard standards for
                                                                                   petroleum and natural gas pipeline
                                                                                   construction, operation, modification, or
                                                                                   alteration‖, and cannot be part of a district
                                                                                   enforceable policy according to 11 AAC 114.
                                                                                   270 (f).




                        VCMP 2006 Amendment                            -177 -                      03/01/06
POLICY TEXT:                                                                                AGENCY COMMENTS /
                                                                                            DISCUSSION:
SG-1. Siting of Material Sources                                                            OPMP: This policy was one of the sample policies
To the extent practicable, sources of sand, gravel, rock and other construction             that was deemed acceptable 1/18/05.
materials shall be approved in the following sequence:
       a)     existing approved gravel pits or quarries operated in compliance with         DEC: Item b) refers to ―more environmental
              state and federal authorizations;                                             damage‖ which must be clarified to exclude air,
       b)     reuse of material from abandoned development area, unless reuse               land and water quality which are matters that
              could cause more environmental damage than non-use;                           DEC regulates under AS 46.03, AS.46.04. AS
       c)     new upland sites;                                                             46.09 or AS.14 and cannot be part of a district
       d)     beaches of low habitat values; and                                            enforceable policy according to 11 AAC 114.
       e)     streams which do not provide fish habitat.                                    270 (f).

                                                                                            DMLW: Regulated by AS 38.05.110 and 11 AAC
                                                                                            71.010, although this policy prioritizes site locations
                                                                                            where the regulations do not.
                                                                                            It may be helpful to add the following, unless it is
                                                                                            clear under the discussion of the designations that
                                                                                            the areas are closed to material extraction.
                                                                                            c) new upland sites, except for those designated
                                                                                            “important upland habitat”.

                                                                                            No further analysis needed.

HIST-1.        Protection of Sites                                                          OPMP: Is more specific than 112.320, but B) must
A.     If previously undiscovered artifacts or areas of historic, prehistoric, or           be rewritten to direct action of project applicant.
archaeological significance are encountered during development activities, the site         Can’t direct action of state or federal agencies in a
shall be protected from further disturbance and the State Historic Preservation             district enforceable policy. (See Oct 22 Workshop
Office shall immediately be notified to evaluate the site or artifacts.                     question #34).

B.     After consultation with the landowner and the Valdez coastal coordinator, the OHA: The title “HIST-I Protection of Sites” should
State Historic Preservation Office shall then make a determination as to further     clarify that the policy deals with cultural resource
actions required on the development site to protect and preserve finds of            sites.



                         VCMP 2006 Amendment                              -178 -                               03/01/06
POLICY TEXT:                                                                               AGENCY COMMENTS /
                                                                                           DISCUSSION:
significance.                                                                              The policy should focus on the responsibilities and
                                                                                           actions to be taken by the applicant rather than the
                                                                                           consulting parties (such as SHPO).
C.     When development activities are located in areas designated as significant
in local, state and federal historic registers, and in areas of significant discoveries,   Recommend re-writing the policy as follows:
mitigation required to the extent feasible and prudent to prevent significant adverse      HIST-1.         Protection of Cultural Resources
impacts on historic, prehistoric or archaeological resources shall be the                  A.      If previously undiscovered historic,
responsibility of the developer.                                                           prehistoric, or archaeological artifacts or sites
                                                                                           are encountered during ground disturbing
                                                                                           activities, the applicant shall ensure that the
                                                                                           find is protected from further disturbance until
                                                                                           the State Historic Preservation Office and the
                                                                                           Valdez coastal coordinator are notified.
                                                                                           B.      The applicant shall consult with the
                                                                                           State Historic Preservation Office and the
                                                                                           Valdez coastal coordinator, to determine the
                                                                                           significance of the find and develop ways to
                                                                                           avoid, minimize or mitigate adverse effects to
                                                                                           significant finds.
                                                                                           C.      The applicant is responsible for ensuring
                                                                                           that mitigation measures developed to protect
                                                                                           significant prehistoric or historic resources
                                                                                           within the project area, are carried out.
                                                                                           The Valdez Coastal Management District may wish
                                                                                           to include a policy instructing the applicant to
                                                                                           evaluate the archaeological potential of an area during
                                                                                           project planning (see Aleutian West CRSA, Policy I-
                                                                                           1).
                                                                                           Revised as suggested
                                                                                           .




                        VCMP 2006 Amendment                              -179 -                                  03/01/06
POLICY TEXT:                                                                        AGENCY COMMENTS /
                                                                                    DISCUSSION:
HIST-2.      Valdez Historical Cemeteries                                           OPMP: OK more specific than 112.320.
The designated Valdez Historical Cemeteries shall be protected for long-term use    Allowed/disallowed under proper and improper
as cemeteries. No other uses of these areas are allowed.                            uses.


                                                                                    No further analysis needed.



                                                                                    OPMP: Implicit in the designation.
SP-1. Priority Areas for Seafood Processing Facilities
Development of new seafood processing facilities and expansion of existing
seafood processing facilities shall be a priority in areas designated for seafood
processing.                                                                         This policy has been deleted.




                                                                                    OPMP: General Mapping comment: The
                                                                                    designation maps would be especially useable from
                                                                                    a project perspective if the township, range and
                                                                                    section were added to each of the maps.

                                                                                    Landmarks have been added to the maps.




                        VCMP 2006 Amendment                            -180 -                         03/01/06
     NATURAL HAZARDS Designated Area

     Avalanche Areas, Map 4
     Flooding and Tsunami Areas, Pages 15-30
     Mineral Creek Flats and Canyon, Map 7 pages 32-37                                                       Agency Comments/Discussion
     Valdez Glacier, Lake and Stream, Map 8
     Old Town, Map 13
     Lowe River Delta, Map 16


1. Name of designated area? See above                                                                        OPMP Comments:
   Location of description in plan?                                                                          Avalanche Areas, Map 4 – OK
   Location of justification in plan?                                                                        Flooding and Tsunami Areas – No
   Location of boundaries in plan?                                                                           Map is referenced. If same as Map 5
                                                                                                             FEMA Zones, please clarify. Are all
     (OPMP will make this determination)                                                                     three FEMA zones designated?
                                                                                                             Mineral Creek Flats and Canyon, Map
2.   Does the district plan list the designated areas within the enforceable policies section of the plan,
     with appropriate references to the description or map of the location?
                                                                                                             7 – OK
                                                                                                             Valdez Glacier, Map 8- OK. The thick
     (OPMP will make this determination)                                                                     black line at the neck of ?Valdez Glacier
                                                                                                             Stream is not identified in the legend.
3.   Does the designation exclude federal land?                                                              What is its significance?
                                                                                                             Old Town, Map 13 – It’s a little
                                                                                                             confusing when comparing this area
4.   Is the area described or mapped at a scale sufficient to determine whether a use or activity is
     located within the area? (11 AAC 114.270(g))                                                            with the natural hazard designation area
                                                                                                             on Map 8. There is some overlap but
                                                                                                             also a discrepancy that opens the door
5.   For those natural hazard areas which are designated due to flooding, earthquakes, active faults,        to confusion. Recommend resolving this
     tsunamis, landslides, volcanoes, storm surges, ice formations, snow avalanches, erosion, or beach       discrepancy. Neither Map 8 nor Map13
     processes, does the Resource Inventory or Analysis describe the likelihood of occurrence of the
     natural hazard (i.e., what the possibility is that the natural hazard might occur) based on either      are referenced to the resource inventory
     scientific evidence or local usage?                                                                     in the designation definition. The hazard



                       VCMP 2006 Amendment                                            -181 -                                 03/01/06
                                                                                                          area outlined in Map 8 looks
6.   For those natural hazard areas designated due to other types of natural hazards, is the scientific   reasonable. A hazard area coincident
     basis for designating the natural process or adverse condition as a natural hazard provided? As
     well, is scientific evidence which supports the designation of the area provided and is the          with the historical area seems a little
     likelihood of occurrence described?                                                                  arbitrary without justification.
                                                                                                          Lowe River Delta, Map 16 –Map 16
                                                                                                          was not included with the draft plan.
                                                                                                          There is no resource inventory
                                                                                                          reference, either.

                                                                                                          It might be helpful to enhance ease of
                                                                                                          use to add a single Natural Hazard
                                                                                                          designation summary map that
                                                                                                          references the six more specific maps
                                                                                                          (4,5,7,8,13,16). So many maps makes
                                                                                                          implementation challenging.

                                                                                                          It seems designation statements are the
                                                                                                          same as enforceable policies and
                                                                                                          should be included in the Appendix that
                                                                                                          compiles all the policies.

                                                                                                          Please submit digital data and metadata
                                                                                                          outlining the designation areas at time
                                                                                                          of final plan approval.

                                                                                                          This section narrative and maps have
                                                                                                          been revised and expanded.

                                                                                                          Natural Hazards Area

                                                                                                          DGGS Comments:

                                                                                                          I understand that OPMP did not require



                       VCMP 2006 Amendment                                           -182 -                               03/01/06
                               the Valdez plan to revise the Resource
                               Inventory and Analysis. The Valdez
                               plan does not present scientific
                               evidence specifically to back up the
                               natural hazard area designations. That
                               said, no one in their right mind would
                               dispute the fact that the hazards
                               described exist in Valdez….seems to
                               me like designated hazard areas could
                               be larger.

                               CMP Chapter 4.0 NATURAL HAZARDS
                               is the meat of the Natural Hazards part
                               of the plan and contains information that
                               can apply to hazard area designations.
                               It might be helpful if there was some
                               explanation as to how the plan is
                               arranged and how geophysical and
                               natural hazards relate earlier on in the
                               document.

                               If I understand correctly, the Resource
                               Inventory and Analysis chapters related
                               to Natural Hazards are ―code‖. You
                               may want to explain this in the text to
                               avoid confusion.

                               Avalanche designated areas
                               The following statement is awkward.
                               ―One of the policies to be retained relate
                               to avalanche – high hazard areas in the
                               Valdez Coastal District.‖ Are you
                               suggesting that this is an enforceable



VCMP 2006 Amendment   -183 -                   03/01/06
                               policy? If so, should it be listed as such
                               in Volume 1?
                               Are AH District and the Avalanche
                               Designated Area equivalent? Does the
                               AH district just include the specific
                               parcels listed in ―Chapter 17.47‖? You
                               may want to include text describing how
                               AH District and Avalanche Designated
                               Areas are related. Should the maps
                               show the parcels described? That
                               could require additional, more detailed,
                               maps.

                               Flood Designated Areas
                               Topic heading, ―Flood zone info‖ – spell
                               out information

                               There is lots of scientific evidence to
                               support designating the entire Valdez
                               coastal district as a Seismic hazard
                               area. Have you considered doing this?

                               Map numbers don’t correspond with the
                               maps downloadable with the draft plan.
                               I assumed that I just had to review
                               maps 4, 7, 8, and 13 for natural hazards
                               based on early draft text.
                               Examples:
                               Review Map 11…lineaments/faults
                               (online map - Solomon Gulch)
                               Review Map 14…flood hazards (online
                               map - TAPS – designated energy
                               facilities area)



VCMP 2006 Amendment   -184 -                   03/01/06
                               p. 27 ―Hamaged‖ should be ―damaged‖
                               same page ―Fort‖ should by ―Port‖
                               p. 29 ―sane‖ should be ―some‖

                               Maps
                               See comments under Volume 2
                               comments regarding map
                               numbering…confusing.

                               Map 4:
                               Map registration may have problems.
                               The hazard area boundary may not be
                               in the same location in the inset and the
                               main map. Why doesn’t the hazard
                               area boundary extend along equally or
                               more steep slopes beyond the areas
                               designated. Land status?

                               Map 7:
                               Map has registration problems.
                               Southernmost tributary shown on the
                               map does not match the shaded relief
                               base. Map title or legend needs to
                               make it clear that the polygon defined
                               by a black dashed line represents
                               recreational, habitat, historical, and
                               hazard areas.

                               Map 8:
                               Some blue lines, streams (?) don’t
                               appear to go anywhere.




VCMP 2006 Amendment   -185 -                   03/01/06
                                                           ADF&G: Federal lands not mapped.
                                                           Providing named landmarks (street
                                                           names, mile markers, prominent
                                                           features, etc.) on maps would help
                                                           locate boundaries of hazard areas.




     RECREATIONAL USE AREAS:

     Shoup Bay and Trail System, Map 6
     Mineral Creek Flats and Canyons, Map 7
     Valdez Glacier, Lake and Stream, Map 8                Agency Comments/Discussion
     Robe Lake, Map 9
     Keystone Canyon and Trails Systems, Map 10
     Solomon Gulch, Map 11
     Jack Bay, Map 12
1.      Name of designated area?
     Location of description in plan?                      OPMP: Recreation policies RT-1 to RT-
     Location of justification in plan?                    4 and CA-1 do not reference the
     Location of boundaries in plan?                       description or map(s) that indicate
                                                           where the policies apply as required by
(OPMP will make this determination)                        11 AAC 120.




                   VCMP 2006 Amendment            -186 -                  03/01/06
2.       Does the district plan list the designated areas within the enforceable policies section of the    RT-3 is not clear that it applies to a
      plan, with appropriate references to the description or map of the location?                          designated area.
                                                                                                            Similar the natural hazards, it would be
      (OPMP will make this determination)
                                                                                                            helpful to have a summary index map of
                                                                                                            recreation designation areas that would
                                                                                                            reference where the six more specific
                                                                                                            recreation designation maps apply. The
                                                                                                            plan will be challenging to use and
                                                                                                            implement with so many designation
                                                                                                            maps for each resource or use.
                                                                                                            Please submit digital data and metadata
                                                                                                            outlining the designation areas at time
                                                                                                            of final plan approval.
                                                                                                            They are not listed within the EPs
                                                                                                            Appendix. Need to be listed in that
                                                                                                            section of the plan.

                                                                                                            Maps have been revised.


                                                                                                            OPMP: The designation description
3.        Does the designation exclude federal land?                                                        must include clarification that federal
                                                                                                            lands and waters are not included per
                                                                                                            11 AAC 114.250.

                                                                                                            ADF&G: Federal Lands not mapped.
4.       Is the area described or mapped at a scale sufficient to determine whether a use or activity is    ADF&G: Maps for Mineral Creek and
      located within the area?
                                                                                                            Shoup Bay recreation areas have
     5.   Does the Resource Inventory and Analysis include documentation that the area receives             considerable overlap at mouth of
          significant use by persons engaging in recreational pursuits or that the area has potential for   Mineral Creek.
          recreational use because of the physical, biological or cultural features?




                       VCMP 2006 Amendment                                            -187 -                                03/01/06
SITES SUITABLE FOR THE DEVELOPMENT
OF MAJOR ENERGY FACILITIES:
                                                                                                             Agency Comments/Discussion
Solomon Gulch , Map 11
Trans-Alaska Pipeline, Map 14
1. Name of designated area?
   Location of description in plan?                                                                          OPMP: The energy facilities policies do
   Location of justification in plan?                                                                        not reference the designation areas, so
   Location of boundaries in plan?                                                                           would apply district-wide. Is that the
                                                                                                             intent?
(OPMP will make this determination)                                                                          Solomon Gulch, Map 11 – Does the
                                                                                                             resource inventory justify why the
2.   Does the district plan list the designated areas within the enforceable policies section of the plan,   energy facility designation goes so far
     with appropriate references to the description or map of the location?
                                                                                                             inland? Is there hydro power potential?
(OPMP will make this determination)                                                                          Trans-Alaska Pipeline, Map 14 – Is
                                                                                                             there a width to the pipeline designation
3. Does the designation exclude federal land?                                                                area? Lines with no width can be
                                                                                                             difficult to interpret and apply in some
                                                                                                             situations.
4. Is the area described or mapped at a scale sufficient to determine whether
   a use or activity is located within the area?                                                             Designation statements are the same
                                                                                                             as enforceable policies and should be
                                                                                                             included in the Appendix that compiles
5. Does the designation apply to major energy facilities as defined in 11 AAC                                all the policies.
   112.990(14)?
                                                                                                             Please submit digital data and metadata
                                                                                                             outlining the designation areas at time
6. Is the major energy facility for a development of more than local concern?
                                                                                                             of final plan approval.
   More than local concern means regional, state or national concern.




                       VCMP 2006 Amendment                                            -188 -                                 03/01/06
                                                                                                             Plan does not document that the district consulted
7. Has the designation been done in cooperation with state agencies? Does                                    with the State agencies for this designation as
   the district plan summarize and document the process and results of this                                  required at 11 AAC 114.250
   cooperation?
                                                                                                             ADF&G: Federal lands not mapped.
                                                                                                             It’s hard to say from map.
SITES    SUITABLE FOR THE LOCATION OR DEVELOPMENT OF
FACILITIES RELATED TO COMMERCIAL FISHING OR SEAFOOD
PROCESSING                                           Comments/Discussion
Seafood processing zones from Valdez Zoning Code

1. Name of designated area?                                                                                  OPMP: This designation is inadequate
   Location of description in plan?                                                                          to meet ACMP requirements. The plan
   Location of justification in plan?                                                                        must include a map of the designated
   Location of boundaries in plan?                                                                           areas and/or list the lot/block, legal or
                                                                                                             other specific description for each
(OPMP will make this determination)                                                                          designated area.
2.   Does the district plan list the designated areas within the enforceable policies section of the plan,
     with appropriate references to the description or map of the location?

(OPMP will make this determination)                                                                          This area is no longer designated.

3. Does the designation exclude federal land?


4. Is the area described or mapped at a scale sufficient to determine whether
   a use or activity is located within the area?


5. Does the Resource Inventory and Analysis include documentation that the
   area is suitable for the location or development of facilities related to
   commercial fishing and seafood processing?



                       VCMP 2006 Amendment                                            -189 -                                      03/01/06
IMPORTANT HABITATS:

Shoup Bay, Map 6
Mineral Creek Flats and Canyon, Map 7
Robe Lake, Map 9                                                                  Comments/Discussion
Jack Lake, Map 12
Valdez Duck Flats Map 15
Lowe River Delta Map 16


1. Name of designated area?                                                       OPMP: Usability of the designation
   Location of description in plan?                                               description would be greatly enhanced
   Location of justification in plan?                                             with reference to the related sections of
   Location of boundaries in plan?                                                the resource inventory or resource
                                                                                  analysis that describe the values of the
(OPMP will make this determination)                                               designated areas (similar to what was
                                                                                  started for Natural Hazards). Applying
2. Does the district plan list the designated areas within the enforceable        the Habitat standard to a designated
   policies section of the plan, with appropriate references to the description   area is difficult without knowing the
   or map of the location?                                                        values to be protected. The easier the
                                                                                  plan is to use, the more likely it will be
(OPMP will make this determination)                                               implemented effectively.
                                                                                  Listing the values to be protected on the
3. Does the designation exclude federal land?                                     maps with appropriate reference to the
                                                                                  plan would be helpful.
                                                                                  Assume the justification for each habitat
4. Is the area described or mapped at a scale sufficient to determine whether     designation area is adequately
   a use or activity is located within the area?                                  addressed in the resource inventory and




                 VCMP 2006 Amendment                            -190 -                            03/01/06
                                                                                                          resource analysis.
5.   Do uses and activities within the designated areas have a direct and significant impact on coastal
     water? Does the Resource Inventory and Analysis include documentation to support this
     criterion?                                                                                           Lowe River Delta Map 16 – This map
                                                                                                          was not included with the draft plan.

6.   Has the designated area been shown by written scientific evidence to be significantly more           It might be helpful to enhance ease of
     productive than adjacent habitat?                                                                    use to add a single Habitat designation
                                                                                                          summary map that references the six
                                                                                                          more specific maps (6,7,9,12,15,16). So
                                                                                                          many maps makes implementation
                                                                                                          challenging.

                                                                                                          Please submit digital data and metadata
                                                                                                          outlining the designation areas at time
                                                                                                          of final plan approval.

                                                                                                          ADF&G: Federal Lands not mapped.
                                                                                                          More detail and landmarks on maps
                                                                                                          would help locate boundaries.




                       VCMP 2006 Amendment                                          -191 -                               03/01/06
HISTORY OR PREHISTORY

Old Town, Map 13
                                                                                  Comments/Discussion
Valdez Historical Cemeteries, Map 13
Mineral Creek, Map 8
Keystone Canyon, Map 10
1. Name of designated area?                                                       OPMP: Mineral Creek is Map 7, rather
   Location of description in plan?                                               than Map 8.
   Location of justification in plan?
   Location of boundaries in plan?                                                Policies Hist-1 and Hist-2 must
                                                                                  reference the specific maps and/or
(OPMP will make this determination)                                               designation descriptions that the policy
                                                                                  applies to.
2. Does the district plan list the designated areas within the enforceable
   policies section of the plan, with appropriate references to the description   Please submit digital data and metadata outlining the
   or map of the location?                                                        designation areas at time of final plan approval.

(OPMP will make this determination)

3. Does the designation exclude federal land?                                     Description have been revised as suggested

4. Is the area described or mapped at a scale sufficient to determine whether
   a use or activity is located within the area?

5. Does the Resource Inventory and Analysis include documentation that the
   designated area is important to the study, understanding, or illustration of
   national state or local history or prehistory?




                 VCMP 2006 Amendment                            -192 -                                 03/01/06

				
DOCUMENT INFO
Description: Real Estate in Valdez Alaska document sample