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04062022 PACAB Meeting Packet
Port &Commerce Advisory Board - Agenda Packet Regular Meeting Wednesday, April 6, 2022 City Council Chambers 12:00 p.m. The City of Seward, Alaska PORT AND COMMERCE ADVISORY BOARD= REGULAR MEETING AGENDA April 6, 2022 Brandii Holmdahl Chair Term Expires July, 2023 Lynda Paquette Vice Chair Term Expires July, 2024 Bruce Jaffa Board Member Term Expires July, 2024 Carl Hughes Board Member Term Expires July, 2023 Colby Lawrence Board Member Term Expires July, 2022 Benjamin Smith Board Member Term Expires July, 2022 Fred Woelkers Board Member Term Expires July, 2024 Stephen Sowell Assistant City Manager Norm Regis Harbormaster Brenda Ballou City Clerk 12:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Council Chambers 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. Administration Report C. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Alaska Railroad Report by Port Operations Manager Christy Terry.............................................................. Pg. 3 2. Chamber of Commerce Report by Executive Director Kat Sorenson.......................................................... Pg. 7 D. Presentations — None City of Seward, Alaska Port & Commerce Advisory Board Agenda April 6, 2022 Page I 7. NEW BUSINESS A. Resolutions 1. Resolution 2022-005, Recommending That City Council Amend The Port & Harbor Tariff Regulations To Increase The Wait List Fee, Labor And Personnel Charges, Boat Tow Fees, Travelift Fees And Wharf Demurrage Rates Effective January 1, 2023........................ Pg. 12 B. Other New Business Items 1. Discuss the Harbor Washdown Pad and Creosote Floats .................................... Pg. 37 *2. Approve the February 16, 2022 PACAB Special Meeting Minutes ........................ Pg. 116 *3. Approve the March 2, 2022 PACAB Regular Meeting Minutes ............................ Pg. 121 8. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. PACAB 's 2022 Priorities & Goals (as approved by City Council) ........................ Pg. 126 9. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 10. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 11. ADJOURNMENT City of Seward, Alaska April 6, 2022 Port & Commerce Advisory Board Agenda Page 2 `a ALAEF2KA RAILROAD April 6, 2022 Port and Commerce Advisory Board Port of Seward City of Seward TEL 907.265.2209 Alaska Railroad Mission Through excellent customer service and sound business management practices, provide safe, efficient and economical transportation and real estate services that support and grow economic development opportunities for the State of Alaska. Port and Commerce Advisory Board Report -sorry I will not be in attendance for the meeting. Vessel and Passenger Traffic- 0 March- 16 large vessels: normal freight trade, long term barge and vessel storage with repairs, special project barges and fuel deliveries. Vessel traffic concentrated on winter freight service and vessel maintenance and repairs, switching April to project barges for Western Alaska and beyond. • We had Freight Train load outs and additional trains scheduled in April. • 2022 Coastal Classic schedule — May 7 — September 18, 2022. Strong sales continue! • First Cruise Train schedule begins May 9 with the first Cruise Ship of the season. • This year, we expect 76 ships to dock at our Seward terminal and because a few ships are scheduled to dock longer than one day, we forecast 90 cruise ship days in 2022. Updated Cruise Ship Schedule is attached to this report. Other Items- • Port continues to follow TSA Security Directive and the FRA Emergency Order requiring masking in transportation protocols in regards to COVID-19. • Met with City of Seward Department Heads and Administration for a project meeting reviewing details, process and permitting for Provisional Cruise Ship Terminal development. • March was the last month priorto our Cruise Ship Terminal seasonal preparation allowing public use with COVID mitigation such as weekly Senior Walking, Seward Little League and City of Seward Archery. With Terminal replacement plans, this will be our last season in the current Cruise Ship Terminal following this season Cruise Ship Operations. • Elizabeth Greer, PE Program Manager Marine Facilities provided an update to City Council on March 29 regarding the Passenger Dock Project. 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Membership Our new membership coordinator has been transitioning into her new role, marking one month on the job and already accomplishing a lot: • Organizing our first post-COVID chamber luncheon with AKSBDC advisor KellyAnne • Continuing Chamber After 5 in April with Speaker Christy Terry • Creating a membership survey for release in April Community Awards March 26, 2022 @ 6 PM Temple Studios The whole team has been working on putting together this year's Community Awards ceremony. Karen has been tackling event planning with Temple Studios while Sam has been working logistics of nominations and voting. It will be a great night to celebrate our community. By the time I give this report in person, I'll be able to tell you who won - exciting! Hometown Guide Ad Deadline on March 21 Published by May 1 We're hard at work on the Seward Hometown Guide, currently doing photo aggregation, and design. We're excited to be working with Aisha of Tiny Solutions to create an on -brand addition to our fleet of publications. We'll be collaborating with the city and local businesses to insure that all the information is pertinent. Visitor Center • We've extended our hours and are restocking our rack cards • Have over 80 responses to our "when do you open" question • We should have enough staff to man the SSD booth this year! • Updating our referral list and prepping for seasonal staff • Creating Post Cards & Swag to sell • Completely rearranged and freshened up the Visitor Center - swing by and check it out! MARCH 2O22 CHAMBER DIRECTOR REPORT Double Scoops @ ASLC May 12 @ SeaLife Center We're bringing back the Ice Cream Social, but with a twist! This year, businesses are invited to set up a booth at our "Double Scoops" event to showcase what they do to the seasonal front line workers of Seward. while also recruiting workers for a second job. Stay tuned for more information as the date gets closer! Other projects 4th of July • 20 Vendors with applications submitted to participated • 4 vendors in interim • Exploring new layout options with the city for vendors • Waiting to hear back on permitting and insurance • MMR registration through 4/1 • Working with the city to discuss winter activities for 2023 and solutions to the housing crisis in Seward • Submitted Salmon Derby interpretive panels for the KMTA grant • Planning for the Great Alaska Sportsman Show in April, as a chance to showcase Seward to the great Anchorage area. • Brought fire extinguisher services to town for three days • Collaborating with ASLC on Seabird Week Fun Tourism Data This month we are showcasing data to compare event date periods over time. Attached you will find visitation numbers from 4th of July and the Silver Salmon Derby annually back to 2018. Some fun things to note: • 23% decrease in visitors with 4/7 race date • High numbers of Alaska visitation for both events with Anchorage and Wasilla being our #1 fans • Even for a downtown oriented event (MMR), nearly all visitors go to the boat harbor. The inverse is not true about the Salmon Derby. I'm beginning to share this data on our Membership portal to drive visitation to the portal, and to make access to these numbers a member benefit - so all those members out there, feel free to login and check it out online through your member portal. a MARCH 2O22 CHAMBER DIRECTOR REPORT SEWARD, ALASKA EVENTS B ATA F Y Mount Marathon Race 2018, 2019, 2020, 2021 Auenden�e Son,d �eilv'ruend event setup o e Lvent Overview 4th M July -!Hunt Marathon 2018 41h of July -- hbunt Marathon 2019 4th of July Mourn Marathon 2020 71h of Ju1y -Mount Marathon 2021 Jul; lA1B-7.'S: E01B ]']i1L ��-7 i'D I :.., YeZ6-1+51103A 'Me _ Visitors Visitors Visitors Visitors 3,254 3,457 Local Local Local Local 3,203 2,813 Visitor 8,320 Visitor 22,148 23,794 18,337 Visitor Visitor nano! mi Datafy© 2021 3 wrmnminn 9 Anchorage, AK - 3,930 Wasilla, AK 789 Eagle River, AK M 527 Soldotna, AK 365 Kenai, AK 1 242 Palmer, AN 1 237 Fairbanks, AK 216 Miami, FL 198 San Pedro, CA 179 Seattle, WA 153 Chugiak, AK 142 Portland, OR 113 Phoenix, Al 121 San Jose, CA 121 Minneapolis, MN 107 Tucson, AZ 106 North Pole, AK 102 Chicago, IL 99 Dallas, TX 99 Anchorage, AK - 4,142 Wasilla, AK 864 Eagle River, AK 700 Palmer. AK 309 Soldotna, AN 267 Seattle, WA 249 Kenai, AN 216 Fairbanks, AN 178 Chugiak. AK 16D Jber, AK 133 Minneapolis, MN 122 San Jose, CA 122 North Pale, AK 119 Juneau, AK 118 Miami, FL 114 Houston, Tx 112 Dallas, TK 170 Indianapolis, IN 100 Chicago, IL 93 Mount Marathon Race To Cities 2018, 2 19, 2020, 2021 Anchorage, AK - 2,354 Wasilla, AK 0 541 Eagle River, AN 444 Fairbanks, AK 261 Soldotna, AN 1% Jber, AN 163 Kenai, AN 137 Chugiak, AK 126 Palmer, AN 115 North Pole, AK 95 San Antonio, T% 91 Sterling, AK 77 Fort Wainwright. AN 74 Mesa, AZ 67 East Grand Forks, MN 64 Vancouver, WA 63 Girdwood. AK 56 Atlanta, GA 54 Rogers, MN 51 Anchorage, AN - 2,146 Wasilla, AN 619 Eagle River, AN 290 Soldotna, AN 199 Palmer, AK 196 Chugiak, AN 164 Jber, AK 16, Houston, T% 153 Fairbanks, AN 145 Kenai, AN 144 Phoenix, AZ 139 Saint Paul, MN 120 Las Vegas, NV 110 Oshkosh, WI 110 Mesa, AZ 98 Brentwood, TN 97 Minneapolis, MN 92 Austin, TX 91 Salt Lake City, UT 88 Datafy© 2021 16 Mount Marathon Race Correlation Event Correhattan rt July Marathon.. snare �x 3m� ■�� 4th of July -- - a Mount Marathon.. .n.,+rr.v L 1as 4th or My -- MountMaralhon.. -` 7th .1 Mount Marathon„ 'rware _i 10 Visitors 2,929 Local 25,699 Visitor Alaska — 5,560 Calllomla — 2,617 Texas _ 2,077 Florida lily 1,493 Washington 921 Minnesota 896 New York 767 Michigan W Pennsylvania 634 Colorad, 612 Illinois 579 New Jersey 552 Wisconsin 521 Arizona 511 Virginia 476 Ohio M8 Maryland 418 North Carolina 387 Indiana 375 non Derby 2019 3/2019 - 9/19/2019 reward Ak Visitors 3,304 Local 27,939 Visitor Alaska — 7,983 California Terri 1,659 Florida 1,263 Minnesota 1,195 Washington 984 New York 876 Michigan 731 Pennsylvanl 681 Wisconsin 624 North Carolina 603 New Jersey 546 Arizona 533 IBin- 500 Ohl, 466 Maryland 452 Virginia 451 Colorado 424 Utah 424 Salmon Derby 2018, 2019, 2020, 2021 Salmon Derby 2020 8/8/2020 - 8M6/2020 eward AK Visitors Local 2,857 Visitor 13,597 Alaska — 7,069 Texas 565 Washington 495 Minnesota 493 Cahfornio 467 Florida 358 Arizona 336 Colorado 267 New York 241 Georgia 235 Illinois 229 Michigan 210 Virginia 195 Wizconsin I Pennsylvania 182 Ohio 142 Missouri 133 Idaho 132 Iowa 130 Salmon Derby 2021 8/14/2021-8/22/2021 sew- Ak Visitors Local 3,180 Visitor 18,273 Datafy© 2021 19 Salmon Derby Top States 2018, 2019, 2020, 2021 Alaska — 3.733 Celli/arnia t, 36S Texas M. 1,018 Minnesota - 949 Washington Wisconsin E 726 Florida 723 New York 621 Michigan 568 Arizona 549 Virginia 434 Oregon 427 North Carolina Ohio 400 Colorado 369 348 Missouri 347 Illinois 339 Utah 336 Georgia 324 Datafy© 2021 110 is Sponsored by: Administration CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT CITY COUNCIL AMEND THE PORT & HARBOR TARIFF REGULATIONS TO INCREASE THE WAIT LIST FEE, LABOR AND PERSONNEL CHARGES, BOAT TOW FEES, TRAVELIFT FEES AND WHARF DEMURRAGE RATES EFFECTIVE JANUARY 1, 2023 WHEREAS, the Port & Commerce Advisory Board (PACAB) held a work session on March 1 6 , 2022, to discuss tariff increases for the wait list, labor and personnel charges, boat tow fees, Travelift fees and wharf demurrage rates; and WHEREAS, the proposed tariff items that were discussed excluding the 330 ton lift have not been increased since 2007; and WHEREAS, the 330 ton lift rates were increased by $78.50 in 2014 which was approved in resolution 2014-054; and WHEREAS, the proposed rates currently fall at the lower end of rates for other comparable Alaska harbors; and WHEREAS, the Seward Harbor and SMIC has continued to grow and improve since the rates were established, providing more amenities and attracting new services, as well as new customers; and WHEREAS, the cost to maintain and continue improved infrastructure are rising; and WHEREAS, the recommended rate increases will keep the City of Seward Harbor below other comparable harbors. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The Port and Commerce Advisory Board recommends the Seward City Council enact the following rates starting January 1, 2023: (Deletions = Bold ; Additions = Bold Italics.) 200 MOORAGE im PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 (b) Waiting List for Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 23 feet (accommodates vessel 19 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 45 to 54 feet) 75 feet (accommodates vessel 65 to 79 feet) 90 feet (accommodates vessel 80 to 94 feet) 100 feet (accommodates vessel 95 to 104 feet) 105 feet or longer - side tie only - up to 150 feet Assignments to a reserved slip from the waiting lists shall be made by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of FORTYDOLLARS ($40.00) per year per listing on the waiting list(s) for a reserved slip assignment. The wait list year runs November lst through October 31St 225 LABOR AND SERVICE CHARGES Emma (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (4) Towing inside Boat Harbor - $52.50 $67.00 plus labor (5) Pumping vessel - $31.50 $40.00 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons $0.53 $0.67 per gallon, plus labor and equipment Filters, sorbents $030 $13.00 per barrel or portion thereof, plus labor and equipment (b) Labor/Personnel. 13 PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 (3) All labor provided by City personnel shall be charged at FIFTY TY T-M10 DOLLARS RS AND SIXTY-SEVEN DOLLARS ($67.00) per hour straight -time (no premium) and ONE HUNDRED DOLLARS ($100.00) per hour overtime. Work requiring call -outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader (2) Grader (3) Oil Tanker (4) Pickup Truck (5) Crane Truck (6) Flatbed Truck (7) Dump Truck (8) Back Hoe (9) Pumps (10) Smart Ash Burner (11) Misc. Power Equipment $68.25 $87.00 plus operator $68.25 $87.00 plus operator $47.25 $60.00 $8.40 $11.00 plus operator $12.60 $16.00 plus operator $15.75 $20.00 plus operator $47.25 $60.00 plus operator $3 1.50 $40.00 plus labor $31.50 $40.00 plus labor $3 1.50 $40.00 plus labor $31.50 $40.00 plus labor 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY ONE DOLLARS AND TIALENTY FIVE CENTS ($131.25) TWO HUNDRED ($200.00) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. 240 BOAT LAUNCH RAMP FEES (b) Launch Fees. Vessels shall be charged THIRTEEN DOLLARS ($13.00) per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED THIRTYDOLLARS ($130.00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual 14 PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 255 50-TON TRAVELIFT FEES (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift shall be DOLLARS AND TIALENT-V FIATE CENTS THREE HUNDRED DOLLARS ($300.00) for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS ($118.13) ONE HUNDRED FIFTY DOLLARS ($150.00) for the first half hour (1/2) if the lift goes over the half hour (1/2) it will be billed in fifteen -minute increments (15) at the rate of FIFTY NINE DOLLARS AND SIX CENTS ($59.06) SEVENTY-FIVE DOLLARS ($75.00) per one quarter hour of use or any portion of time less than one (1/4) hour. If the lift has to travel or the vessel needs to be blocked for any reason the current one -hour lift rate applies. (3) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee, the lift fee shall be THIRTYDOLLARS ($30.00) per foot of vessel length for each foot over fifty (50) feet during the first hour of use or any portion of time less than one (1) hour. (4) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of FIFT-V NINE DOLLARS AND SIX CENTS— ($59.06) SEVENTY-FIVE DOLLARS ($75.00) per one -quarter (1/4) hour or any portion of time less than one -quarter (1/4) hour. (5) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of T-3A10 HUNDRED 'THIRT-V SIX DOLLARS ADC AND 'TIALE T-V FIVE CENTS ($2THREE HUNDRED DOLLARS ($300.00) per hour. 265 330-TON TRAVELIFT FEES W PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be FOUR HUNDRED TWENTY FIALE DOLLARS ($425.00) FIVE HUNDRED FIFTY DOLLARS ($550.00) for the first hour of use or any portion of time less than one hour. For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15) minute increments. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional THIRTY DOLLARS ($30.00) shall be charged for each foot of vessel length over fifty-five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Relocation and Reblocking Fees. Reblocking of all vessels on the uplands shall be charged at a rate of FIVE HUNDRED FIFTY DOLLARS ($550.00) for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing the blocking materials and setting the boat down in the same space. If a boat is to be relocated to another space or yard, lift fees apply as listed in sections (1) and (2) above. 300 WHARF DEMURRAGE (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof: Commodity First 5 days After 5 days All freight, N.O.S. $1.26 $2.00 $2.52 $3.20 Section 2. This resolution shall take effect immediately upon its adoption. PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-005 PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 61h day of April, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Brandii Holmdahl, Chair MA x W U o � Ln 4- QJ O QJ � N to O LJ L U C � co L }J ro O QJ C QJ Nul L Ln Ln Co O QJ U ro +' C i ro ro Ln a- N ro O N C � V O Ln N 00 a U N bN O co :3 L L U O C O QJ O > N E N O QJ 4- QJ " a-J Lai n QJ C: L O 4- '+- 4— co O 4- C Q co J W O z N Ln � N i zo L L L L +' +O O O Co +J +J L L ro ro Q Q Q Q O O Q Q Q i = o Ln p Ol 00 o0 t Ln O Ln 0) 00 Ln Ln 0) l0 00 Ol Q6 C l Q6 Q6 Ol O f�0 l0 M l0 Ol 00 00 Ln H � N 'N• i/} i/} i/} i/} i/} i/} C L L L L O a O O ro Q Q Q QJ M O O O O 9 N N N N Ln Ln Ln Ln Ln�r*� N N N O = i N 00 00 00 r- O `� U �. •v •cr-i�• t3i�• Co •tom/)• oo• O H w n O O N C N L C� O C 3 o Q L O p Q. J L L QJ QJ M Q O t O O "O -0 � Y t�ii to to O " — v J co L O L O L p L p L O fL6 fL6 f6 a f6 L L L fo L L L O O N aJ O O p p � co � � fo — fro � N i L � L O_ O_ Q C Ll 00 O_ QJ � Ln rH O Ol Ol Owl Ol Ol c0 N Ol Ol l00 I� M o an oi I-P Ln rH rH Lf) M M `~ M rn l0 O rH Ol N �O d N rH Ln N L O L O L 0 L O L 0 L L M co co roo ro L roo L O 0- 0-0-Co Q O Q p 0-0- O O N aJ N aJ aJ 4J r N L rH N rH vi N Ln _ aJ -� aJ f6 i ar aJ aJ 0 L V V N co C - •- U C Q E .- U C U C b aJ O 0 O 0 O COO O 0 0 0 0 L a Q Q- O O O O O O O O O O 0 0 q w 0 0 0 O O O O O O N N N N N N Ln O O Ln Ln M rH t/} rH t/} 'N' rH t/} rH t/} `1 'N' rH rl N O `� 'N' rn t/? rn 'U1• rl t/} Ln t/} 'U1• t/} t/} t/} t/} O O Ln N M O O O O +J +J O O Q aJ Q aJ Q aJ Q-0 p O - n O -0-0-0 O O O L co N - O O O O co 2 Q1 co 2 co --0 +� n O Q Q Q CD- -a CD- Q CD - Q QJOLnO M O O O Ln Ln 0 0 0 N = 0 0 0 Q- Ln Ln O l0 I� N Ln Ln Ln Cc GJ Ln Ln Ln M l0 00 rH N Ln rl rj rl It rl rl N Ln O M `� rlrH i/} rH i/} i/} 'N' 4-1 bA O L L to N aCJ L p O N a--� O L O 4-1 `� L fo .N C E Q Q U .Q' : fo Q Ln L W Y ai iO 3 � w aJ a-+ O — a-+ Ln � � U Y U co a) Ln co Ln N U L ++ N iz L L ro Q) O Q Q nA Oo > O 4L- O O O aJ � Q4- C C aJ — to oman a to m Q u i c 2 -j LnQ O O ci 0) O C un O O O 00 W O L- ull to v N U to El 8 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a rust -come, first -served basis, but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion; and, (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged �'£-F.N Do r , g �^.R�,}. rH1RTffiN DaLL_AR�j_�Sl;.a()i per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for r,r'� } —0NE IJUNDRFD TI-IIRT f$13t� 00) entitling a specific vessel and owner to launches from January 1 through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual. launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restroom facilities located in the Harbormaster's building. The showers are token -operated, and the fee is TWO TOKENS (S 1.00 each) for 7 minutes. Tokens are available outside of the Harbormaster's office twenty-four hours a day. 250 50-TON TRAVELtFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Boat Harbor. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people, (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lilt agreement (in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel bull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc.; (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage- (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to Port and Harbor Tariff Regulations City of Seward. Alaska Effeeltve January 1, 2022 19 20 SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or removed in a safe manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by the Harbormaster. Within the Boat Harbor: (a) Assignment ofBerths. The Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator, are not assignable by the owner/operator and automatically expire upon sale or transfer ofthe vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities, it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List far Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 23 feet (accommodates vessel 19 to 26 feet) 32 feet (accommodates vessel 27 to 36 feet) 40 feet (accommodates vessel 37 to 44 feet) 50 feet (accommodates vessel 45 to 54 feet) 75 feet (accommodates vessel 65 to 79 feet) 90 feet (accommodates vessel 80 to 94 feet) 100 feet (accommodates vessel 95 to 104 feet) 105 feet or longer - side tie only - up to 150 feet Assignments to a reserved slip from the waiting lists shalt be made by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of flaroa„�,;� r,6,_£,�;�,.fT E �1-(�34754)_F0RT' Dt�l_i,.iRS $4f t?.00) per year per listing on the waiting list(s) for a reserved slip assignment. The wait list year runs November 111 through October 3111. (c) Reserved Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Boat Harbor to a particular vessel on a semi-annual basis. (2) A reserved slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Boat Harbor, a reserved assigned slip may be assigned to a transient vessel when the reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the reserved assigned vessel to the Boat Harbor (provided proper notifications are given and based on harbor congestion and the difficulties involved in moving vessels), the Harbormaster will attempt to rearrange vessels so that a vessel with a reserved slip assignment may berth at that assigned slip. Port and Harbor TariRegulations Effective January 1, 2022 City of Seivar4� Alaska Q (1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. (2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request, allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair; and (ii) The monthly dockage rate is paid in advance by a full 30 days; and (iii) The user shall not be entitled to a refund for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance- (c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually so as to be effective as of January 1', to reflect the five previous published years' average increase in the Consumer Price Index, All Items, 1982-84=100 for all Urban Consumers, Anchorage, Alaska ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics. Bills sent out prior to January I will reflect the upcoming January 13' adjusted rates. (For example, 2017 rates reflect an increase based on the average CPI for 2010-2014). 220 HANDLING, LOADING AND UNLOADING Handling, loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form provided by the City. 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all tabor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels (i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire hydrant: No charge. (ii) All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE - $52.50. (2) Outside regular business hours: BASIC CONNECT CHARGE - S105.00. (iii) In addition to (ii) above, a variable rate of $6.32/1,000 gallons shall be charged for potable water. Port and harbor TariRegulations City of Seward, Alaska Effective January 1, 2022 1-. W (2) Electricity - Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity (per kilowatt hour) $0.3 1 ------------ ----------------- ustomer charge for tenants (prorated--- -- in- i-w--ee-k increments) once per billing cycle) $23.17 Customer charge for transients or guests (once per location) -------------- $23.17 (ii) Transient Vessels staying 15 consecutive days or less Connect Pee ------------------------------------------- None Electricity (daily - rate) 120 volts 208 volt/single phase - - - - $20,00 208 volt/three phase - $40.00 Customer charge (per month) None (3) Electricity - Seward Marine Industrial Center 0) Connect fee $29 81 (ii) Electricity (per kilowatthour)--------------------------------------------- ------------------------------------ $0.40 (iii} Customer charge (per month) - ----- $47.53 (4) Towing inside Boat Harbor - $52:�O $67.00 plus labor (5) Pumping vessel - i.§o $40.00 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons 0 $0.67 per gallon plus labor and equipment Filters, sorbents 10,50- $13.00 per barrel or portion thereof plus labor and equipment (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services- (i) All services not specifically described in this tariff. Services of loading, unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S., and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff-, (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which, because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other equipment or material when the shipper, vessel owner or consignee fails to Promptly clear the facility as requested by the Harbormaster; (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for a workday between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When overtime or penalty time wages to labor are necessary, rates are adjusted to include such penalties or differential rates. Port and Harbor Tariff' Regulations City of Seward, Alaska EfsctfveJanuary 1, 2022 16 23 When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on the job and ready for work at that time, the use shall be charged from the time the labor is ready for work until the work is concluded even if the work is delayed, provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged atCENTS : v taanc cx�r--rrrr�-�t-F-1--z (am5--2- } SIXTY SEVEN DOLLARS L$67.00) per hour straight time (no premium) and �W 11' l l�"ri 1 l E. J — rTMYT'� c;EVE rTv rune- .-G�rm-rQr QNF HUNDRED DOLLARS ( $100,00) per hour overtime. Work requiring call -outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment_ When the City utilizes City equipment to provide services under this subsection. it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader............................................................................................... �".24U7.00plus operator (2) Grader.......................................................................... .................. ` 4587.00plus operator (3) oilTanker......................................................................................... $47-25 S60.00 (4) Pickup Truck............................................................ ....................... 584-4$1 1.00 plus operator (5) Crane Truck..................................................................................... &4` 64516,00plus operator (6) Flatbed Truck.................................................................................... 4-5-74 2Q.00plus operator (7) Dump Truck...................................................................................... $4;L2 556Q.00,plus operator (8) Back Hoe.......................................................................................... &Al.50140.00plus operator (9) Pumps............................................................................................... $31 $4.0.00 plus labor (10) Smart Ash Burner............................................................................. _ 1 9 40.(30 plus labor (11) Misc. Power Equipment .... ................................. .............................. $3I.58$40.00 plus labor (d) Special Services. Except where otherwise required by law, the Harbormaster has the authority to refuse to provide or to arrange for the provision of services in addition to those set out in Paragraph (a) above. Special services, including waste, or garbage disposal shall be billed at the City's actual cost-plus 35% administrative overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above) plus 125°% of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and ordinances. (e) Miscellaneous Charges (1) Meter test, each, when previous test occurred within24 months ......... ..................... .................................................. ............... $52.50 (2) Deposit required for transient moorage customers staying 15 or more consecutivedays............................................................................................... S 100.00 (3) Tampering with or unauthorized breaking of meter seal ................................. $525.00 (4) Dishonored check fee ............ (5) Reconnection afl•cr disconnect of delinquent accotmt....................................... .$42.00 tort ana Harbor 7 arty Kegulations - - City of Seivard Alaska Effective January 1, 2622 17 24 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in Subsection 100 hereof The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees, Prior to January 15' of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, no later than the last day of the month following the month for which the fees are being reported (i.e., if you are filing June Passenger Fees, it is due in the Harbor Office no later than close of business on July 31)_ The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of$25 for each missed filing. Failure to remit all fees collected or later found to be due by the due date is subject to a penalty in the amount of 10% of the amount owed, not to exceed $500, plus interest charged at the maximum rate allowed by law per year, compounded monthly. (c) Failure to file. When an operator fails to file a return, or when the city manager finds that a return filed by an operator is not properly supported, the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230 (b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee.ln addition to othertariffprovisions, the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Boat Harbor. A capital renewal and replacement fee will be assessed to each vessel according to overall length_ The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Boat Harbor. The fee must be pre -paid with moorage, or will be billed accordingly, as follows: $5.00 fee per month or fraction thereof Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Boat Harbor, the Harbormaster will charge users of those services TWO H€ iN17RF'I� DOLLARS ($200.00) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, plus inel+KfiRgcity labor costs as determined in Subsection 225 of this tariff. Port and Harbor Tariff Regulations City of'Seivard, Alaska Effcctive January I, 2022 18 PIR 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a first -come, first -served basis, but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be served according to his determination of the following factors: (1) The degree of existing or potential congestion in the harbor including upland storage areas and whether the proposed launch or retrieval will affect that congestion; and, (2) Whether the launch or recovery poses a risk of loss of public or private property. (b) Launch Fees. Vessels shall be charged TEN PQ LrA RSA r;n g �.o�_THfRTEEN,Dt�!LL��,ftS per launch from the public launch ramps, or vessel owners or operators may obtain an annual launch permit sticker for OIL fIk NC L n+ c��+ ONE HUNDRED THIRTY DOLLARS l 34_Qtl) entitling a specific vessel and owner to launches from January I through December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit. Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a completed application and payment therefor. 245 PUBLIC SHOWERS Public showers are available twenty-four hours a day in the restraoin facilities located in the Harbormaster's building. The showers are token -operated, and the fee is TWO TOKENS (S1.00 each) for 7 minutes. Tokens are available outside of the Harbormaster's office twenty-four hours a day. 250 50-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 50-ton Travelift in the Boat Harbor. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift; will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people- (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the form provided by the City) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc.; (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to Port and Harbor Tariff Regulations City of Seward Alaska Effective January I. 2022 19 41- block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 255 50-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lilt shall be T-W049jNBl �ll_i�.I-S SIX DOL A AND--rrv_�€�r� CKNTc (S236.23) THRFE HUNDRED DOLLARS ($300.00 for the first hour of use or any portion of time less than one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be ONE HUNDRED EIGHTEEN DOLLARS AND T-PIRTE-F -G N4:8 (S1j8A9-)__QNE HUNDRED FIFTY DOLLARS ($150.00) for the first half hour (1/2) if the lift goes over the half hour (1/2) it will be billed in fifteen -minute increments (15) at the rate of F N r GIAn c ,�>TT ran cry GENTS icon 06) SEVENTY FIVE DOLLARS ($75.00) per one quarter hour of use or any portion of time less than one (114) hour. If the lift has to travel or the vessel needs to be blocked for any reason the current one -hour lift rate applies. (3) Additional Lift Fee Rates, for Large Vessels. In addition to the minimum fee, the lift fee shall be = W ENT �r�ED_ I "s -(' 1 �} THIRTY DOLLA1ZS $( 30.00 per foot of vessel length for each foot over fifty (50) feet during the first hour of use or any portion of time less than one (1) hour. (4) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of T'4,-IF-T---�'��- E UOI ' ^ RS AND crX'. uFNTS_ `c9_494►64 SEVENTY FINE DOLLARS ($75.00) per one -quarter (114) hour or any portion of time less than one -quarter (1/4) hour. (5) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of ;T3A7 a,[t ».rDREB THIRTY SIX DOLLARS AND TWENTY FIVE r-rN`S t j THREE HUNDRED DOLLARS $300.00) per hour. 260 330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 330-ton Travelift in the Seward Marine Industrial Center, The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: Fort and Harbor 7'at'iRegula£ions City of Seward, Alaska Effective January 1, 2022 20 27 (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Gift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the form provided by the City) having first been completed. It shall be the responsibility ofthe vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location of all hull attachments and through -the -hull fittings, including propeller shafts, rudders, etc. (4) Location, weight and type of ballast, fuel and water tanks; and, (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destination location_ It is the responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to block the vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the vessel owner/operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is to be placed are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 265 330-TON TRAVELI F`T FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Gift Fee (1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be�'�.'l'13D1;1 B T AIIE ;ATV r�-, n,L-T�� .S,FIVE fRJNIDRI D FIFTY DOLLARS L$550.W far the first hour of use or any portion of time less than one (1) hour. For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15) minute increments. The overall length of the vessel will determine the lift fee_ A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. Port and Harbor Tariff Regulations City of Seward, Alaska Effective January 1, 2022 21 28 (2) Additional Li Fee Rates far Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional STY_�nnr r TH1R`fY DOLLARS � ( E nnc ($21 O) -_---��-�.�--��-{$30.00) shall be charged for each foot of vessel length over fifty-five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Relocation and Reblocking Fees. Reblocking of all vessels on the uplands shall be charged at a rate of FOURHUNDREDTWENTY FIVE DOLLARS (WaJ nm FIVE HUNDRED FIFTY DOLLARS ($550,00) for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing the blocking materials and setting the boat down in the same space. If a boat is to be relocated to another space or yard, lift fees apply as listed in sections (1) and (2) above. (c) Wash Down Pad Fee (1) Pressure washing shall only be performed on the wash down pad. The work will be performed by private personnel — either vessel owners and crew or licensed and insured vendors. (2) If for whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is $2.50 per foot per hour. There is a one hour minimum. Additional time over the first hour will be billed in 15-minute increments. 270 CRANE USE FEE (a) Description afCharge. The crane training/usage fee is the charge for utilizing the i0-ton crane located at SMIC on the North Dock: (1) Individual User: A separate fee is generated when an operator completes an online training program, this fee is paid by the individual not the City of Seward, prior to the proficiency training by harbor personnel. (2) Commercial/Permit Holder. A separate fee is generated when an operator completes an online training program, this fee is paid by the individual(s) not the City of Seward, prior to proficiency training by harbor personnel. (3) $52.50 fee is required for proficiency training conducted by harbor personnel located at the North Dock. (4) Individual Annual Crane Card: $52.00 per year for three (3) years; the fee will be automatically billed to the indiv►dual's account from effective date of the Crane Card agreement. When the term expires, a new agreement will need to be signed. (5) Commercial/Permit Holder Annual Crane Card: $104.00 per year for two (2) Permit Access Cards, or $208.00 per year for four (4) Permit Access Cards; the .fee will be automatically billed to the Permit Holder's account, ending three years from effective date of the Crane Card agreement. When the term expires, a new agreement will need to be signed. (6) Crane Card Replacement: $5.00 per card. (7) Crane Usage: 0-15 min $22.66 16-30 min $42.32 31-45 min $67.98 46-60 min $90.64 275 SIIIPLIFT FEE Port and Harbor TariRegulations City of Seward! Alaska Effective January 1, 2022 22 29 300 WHARF DEMURRAGE (a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time, unless arrangements have been made for storage. (b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free time starts at 7:00 a.m. after freight is received or unloaded onto wharf from car oftruck or, in the case of freight received from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period, the longer period shall be allowed, but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. ' .?� 52.00 "2, 3 S_ _20 Mobile homes, portable buildings, living quarters $26.25/day/vnit S 105.00/day/unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY-SIX CENTS ($.26) per square foot for each month or fraction thereof after expiration of free time above. (e) Lay -Down Areas. All cargo is expected to vacate city docks, wharves and piers as soon upon arrival as possible. Cargo is not to be stored on city docks, piers and wharves awaiting pick up by vessels unless prior arrangements are made with the Harbormaster. The Harbormaster shall have the discretion to refuse all cargo activities and/or lay -down, either inbound or outbound. Cargo that is allowed to wait for "beyond" transportation shall adhere to the following rules: (1) Lay down areas are outside of 100' of water front immediately adjacent to the dock, wharf or ramp. (2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay - down areas. (3) Cargo and freight not placed in a designated lay -down area must be immediately removed from a city dock or terminal facility upon order of the Harbormaster.. (4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf demurrage at five times its applicable rate, starting at the time the vessel, shipper or consignee is noticed to move the cargo. (5) In addition, the Harbormaster may, in his discretion, move cargo or freight, and any expense or damages, including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee, except for damages caused by the City's own negligence. Part and Harbor TariffRegulations City of Seward. Alaska Effective January 1, 2022 29 30 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, WAIVING COMPETITIVE PROCUREMENT REQUIREMENTS TO AUTHORIZE THE SOLE -SOURCE PURCHASE OF A NEW 330 TON BOAT LIFT FROM MARINE TRAVELIFT IN THE NET AMOUNT OF $1,441,087, DECLARING THE CURRENT BOAT LIFT SURPLUS TO BE USED AS A TRADE-IN, REVISING THE HARBOR TARIFF TO INCREASE THE LIFT RATES, AND APPROPRIATING FUNDS WHEREAS, the current boat lift is ageing and needs to be replaced; and WHEREAS, the recommended replacement is a 330 ton Marine Travelift; and WHEREAS, the purchase of a new lift will make the current lift surplus to the City's needs; and WHEREAS, the City proposes to increase its lift fees to help pay for the purchase. x: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 105, 260, and 265 of the Port & Harbor Tariff Regulations entitled respectively Application of Tariff, 250-Ton Travelift, and 250-Ton Travelift Fees are amended as follows: Strikeout = delete Bold Italics = new Table of Contents SECTION II - SERVICES AND CHARGES 260 2-50330-TON TRAVELIFT (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 265 2-SO330-TON TRAVELIFT FEES (a) Description of Charge (b) Lift Fee W CITY OF SEWARD, ALASKA RESOLUTION 2014-054 105 APPLICATION OF TARIFF (a) General Application of Tariff. Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of Seward, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward, and specifically to municipal docks, structures appurtenant thereto and waterways under the management of the City of Seward. The rates, charges, rules and regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine Industrial Center (SMIC), including yards, basin, docks, dolphins, 25-0330-ton Travelift, and shiplift platform; and any other terminal facilities under the jurisdiction and control of the City of Seward. SECTION II - SERVICES AND CHARGES 260 2-50330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 2.50330-ton Travelift in the Seward Marine Industrial Center. The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: 265 254330-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 2-50330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS ($425.00)for the first hour of use or any portion of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the 32 CITY OF SEWARD, ALASKA t RESOLUTION 2014-054 it boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. Section 2. The City Council of the City of Seward, Alaska, hereby finds that the public interest is best served by waiving competitive procurement requirements of Seward City Code §6.10, in accordance with SCC §6.10.130, based on the following findings: 1) past excellent service and response from Marine Travelift, the vendor of the City's existing boat lifts; 2) trade- in offer for the existing 250-ton lift; 3) the quality of Lift equipment and parts from Marine Travelift has been excellent; 4) maintaining a consistent make of equipment is cost-effective and standardization of equipment saves on repair time; and 5) preference to purchase from a vendor within the United States of America. Section 3. The City Manager is hereby authorized to enter into a purchase agreement with Marine Travelift for the purchase of a 330-Ton Marine Travelift for a gross cost of $1,881,087 including shipping, and the current boat lift is declared surplus and will be used as a trade-in, resulting in a net cost not to exceed $1,441,087. Section 4. Funding in the amount of $1,441,087 is appropriated to the SMIC Enterprise Fund equipment account no. 12000-2504-8103 as follows: 1) $62,000 from the SMIC Enterprise Fund cash reserves; 2) $350,000 from the General Fund reserves; and 3) a loan in the amount of $1,029,087 from the Motor Pool Internal Service Fund, the terms of which will be authorized by separate resolution of the Seward City Council. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14"' day of July, 2014. THE CITY OF SEWARD, ALASKA ��) 4�tl� can Bardarson, Mayor AYES: Keil, Terry, Squires, Darling, Bardarson NOES: Casagranda ABSENT: Butts ABSTAIN: None AT EST: ` Jollianna coney, C ap`�°r , Ci y Cler A � 1 'q :. • � i (City Seal) xsr 9 --�- ,., Sr a P d t-x a t. 33 Agenda Statement Meeting Date: July 14, 2014 To: City Council Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster Agenda Item: Purchase of New 330 Ton Boat Lift to replace 250 Ton lift at SMIC BACKGROUND & JUSTIFICATION• The Seward Marine Industrial Center Enterprise Fund needs to replace the aging 250 Ton lift equipment. The lift provides an essential service to vessel owners that need to perform repairs and maintenance. In the 250-Ton cost center, boatyard Storage Fees and Boat Lift Fees combined, generated more than $225,000 in 2012 and $197,000 in 2013, with 54% of the revenue coming from storage. The expenses for the 250 Ton Shiplift Department totaled $186,000 in 2012 and $195,292 in 2013. The recommended plan is to replace the current lift with a larger capacity (300 metric tons/ 330 short tons), new lift. The new lift will be designed with the same wheelbase in order to fit on the existing haul -out pier. It will enable the harbor to haul out larger vessels which cannot currently be lifted due to machine weight limitations. For the past two months the harbor crew has struggled to troubleshoot and repair a problem that results in boats being raised and/or lowered in a jerky, uneven manner. Fortunately nobody has been injured and no damage has occurred. Keeping existing equipment operational is getting to be costly and is resulting in disruptions to local businesses which depend on the lift to repair their vessels. For example, during the week of June 7 the crew invested 30 hours to disassemble and replace a hydraulic valve, with no resulting improvement in the operation. Already, in 2014, approximately $18,000 has been spent on parts (most of the parts that were recently purchased had to be manufactured, as the parts are no longer available) for the old machine. If the boat lift equipment has to be taken out of service, it is very likely that private business owners will be adversely delayed and potential income will be lost. The lift is currently operational. The recommended approach is to purchase a new machine and trade in the old machine. The net cost to the city will be $1,441,087. It is also proposed that the Port and Harbor Tariff Regulations be amended to increase lift fees by 25% for vessels up to 55 feet and by 15% for each additional foot longer than 55 feet: Rate Basis Current Rate Proposed New Rate Minimum Fee (boats up to 55 feet long) $346.50 $425.00 (up 25%) Additional Fee per foot for vessels 55 feet and longer $21 $24 (up 15%) The proposed new rates will still be significantly lower than other Alaska harbors (see attachment). The rate increase should generate an additional approximately $20,000 per year. The new lift will also generate another $20,000 per year from vessels that currently have to be e7 34 turned away due to size limitations of the existing Lift. An additional $10,000 per year is forecast from boats that come to Seward and want work in the Vigor shipyard. The Administration recommends a sole -source purchase of a Marine Travelift brand boat lift for the following reasons: We have received excellent service and response from this company over years of working with them on our two existing lifts; we will receive a trade-in on our existing Marine Travelift of $300,000; the quality of Lift equipment and parts from Marine Travelift has been excellent; maintaining a consistent make of equipment is cost-effective and standardization saves on repair time; and the alternative is to purchase from a foreign vendor, where there are added costs and challenges associated with ordering, shipping, and purchasing parts from overseas, since those parts are not available in -country and there are uncertainties associated with relying on parts and service from overseas. The delivery time for a new machine is approximately six months. INTENT: To authorize the purchase of a boat lift at a gross cost of $1,771,087, offset by a trade-in of $300,000 on the existing 250-Ton Lift, for a total cost including shipping, not to exceed $1,441,087. Funding will come from a combination of SMIC and General Funds, as well as a loan from the Motor Pool Fund. The loan could be repaid with grant funds if SMIC expansion efforts come in under budget. A separate resolution will come forward authorizing an inter -fund loan. CONSISTENCY CHECKLIST: eward Comprehensive Plan (page 18): Update and expand ucture for commercial and industrial properties that are currently undeveloped or underdeveloped. Seward Strategic Plan (page 7): Expand Development in the FwarfMarine Marine Industrial Center SMIC Development Plan: An adequate transportation ucture that will: (1) serve the needs of the industrial complex; (2) r growth; and (3) attract new business to the community. Yes No N/A X X X FISCAL NOTE: The marine Lift does not generate sufficient income to support debt service on a revenue bond. However, the Lift does bring vessels and their crews and business into the community that might otherwise move business to another harbor if the Lift was not available. Therefore, the administration proposes funding this purchase as follows: 1) appropriate $62,000 in 2013 surplus cash from the SMIC Fund; 2) appropriate $350,000 from the General Fund, representing approximately $250,000 in one-time 2013 property tax proceeds from the Shell oil rig Noble Explorer, and $100,000 in 2013 raw fish tax proceeds; and 3) borrow $1.038 Million from the Motor Pool Internal Service Fund to be repaid over a period of seven (7) years at an interest rate of 2%, in annual payments of approx. $160,000. New revenues explained above, are expected to generate approximately $50,000 per year. Repair and maintenance costs associated with the old lift are expected to decline by approximately $10,000 per year. Based on 2012 and 2013 actual revenues, boat lift fees and storage fees are expected to generate $15,000 per year more than budgeted. This leaves an annual deficit of $85,000. It is expected that remaining grant funds from the SMIC Expansion Project could be used to pay for this Lift if the SMIC basin project comes in within budget, or that new revenues associated with expansion at SMIC could materialize. Alternatively, shortfalls would need to be covered by the General Fund each year, as it covers the deficits in the SMIC Enterprise Fund. 13 35 Approved by Finance Department: j� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014-_ ,'authorizing the City Manager to approve the sole source purchase of a 330 Ton boat lift for a net cost after trade-in of $1,441,087 including shipping, and declare the 250 Ton boat lift as surplus public property to be traded in. 0 36 PACAB Agenda Statement Meeting Date: April 6, 2022 To: PACAB From: Lynda Paquette Agenda Item: Discussion Items Background and justification: 1st discussion item: We have had the 65% presentation of the washdown pad and there were concerns. At least one citizen wants to see the location moved. Norm indicated that some of the concerns brought forward at the PACAB meeting have been addressed. It would be good to bring PACAB and the public up to date on recent changes and give the public another chance for input. 2"d discussion item: Concerns have been raised about the use of creosote floats and it would be good to have a brief public discussion to address these concerns. Having the documents that discuss the viability of the. Creosote floats as a laydown may be helpful to address citizen concerns. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Harbor Plans Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: $ Available Unrestricted Cash Balance*: $ Electric Wastewater Water F1 Healthcare *unaudited numbers Finance Director Signature: 37 Attorney Review-' I I Administration Recommendation RxYes Not applicable H Adopt Resolution Other: 38 WASHDOWN PAD QUESTIONS • Use of Washdown Pad in the winter season: o Winter season accounts for a large portion year during which commercial vessels may use the facility and did we consider providing a heated slab and building? We have had 5 vessels water to water lifts (surveys), 3 re -blocks and 2 out of the water to Exit marine. We also noted that this could be done, if desired, and that the SMIC Washdown pad was constructed as a heated slab. We will place the heat tubing into the concrete slab but no heating system at this time that could come at a later date. o A question was also posed whether we could include a covered canopy structure over the Washdown slab to prevent snow and ice buildup so that it may be utilized in the winter. No covered canopy, we would not be able to wash any sailboats, we will look at a two pole system that we can raise a fine mesh fabric to contain any overspray on the west side. On the North side the building would stop any overspray, we are too far from the water on the South side for over spray to reach. ■ Input of wash water into the City wastewater disposal and treatment facility, wash water contaminants, testing: ■ Will wash water and sludge debris removed from the holding tank be disposed of in City wastewater treatment facility? (NO), if we had to get rid of water we would call NRC Alaska. o Will wash water be tested prior to disposal in wastewater treatment facility? ( No water will introduced into the city's wastewater system) ( I'm not sure of NRC process is.) ■ We are not aware if there is currently any testing of wash water prior to disposal, but said we will look into any specific requirements. N/A, not sure on NRC testing, we send them bilge water and used antifreeze all the time for processing. o What types of contaminants are there and has design attempted to address these? (This has not been addressed, we can send a sample to NRC to see what is in there, and the filters remove any contaminants. ■ Noted heavy metals (i.e. copper) from bottom paint were main concern, along with oils and petroleum products. We noted the wash water treatment system is designed to remove and capture these contaminants along with others. Also noted the storm drain system will include an oil water separator to capture remnant oils or debris after Washdown pad has been cleaned after vessel washing. (Correct) it is cleaned after every vessel. 39 o How often will wash water need to be changed/removed? We have to add water so we haven't had to send any water off for treatment/, we used to leave the water in the underground tank for winter storage, at SMIC we leave it in the tanks inside a heated building, but with the system in the harbor we will also be leaving the water inside the building. o Have these wash water treatment systems been used elsewhere in other harbors? they are used in Alaska, East coast, West coast and in the Texas Gulf Coast Please Visit this site • Here is the website for the Next Generation Waste Water Treatment system, we purchase new filters all the time. (www.naturalwatertreatment.com) 40 From: Brenda Ballou To: bballou(abcitvofseward.net ("bballou(abcitvofseward.net") ("bballou(a)citvofseward.net") Cc: Janette Bower; Stephen Sowell; Norm Regis Bcc: Ben Smith; Brandii Holmdahl; Bruce Jaffa; Carl Hughes; Civic Engagement Inc. (admin(a)civic-enaaaement- inc.or ; Colby Lawrence; Fred Woelkers; Kris Peck; Matt Chase; Norm Regis Subject: Northeast Launch Ramp documents Date: Monday, March 21, 2022 10:07:00 AM Attachments: NMFS Seward Northeast Harbor Launch Ramp Renovation, xLOC #AKRO-2021-00849.1)df 201160 SNEH BoatLaunch USACE ProiectDescription 080221.pdf USACE 404 POA-1994-00426, Resurrection Bay, NWP .pdf 201160 SNEH Biological Assessment NMFS-091021.pdf imaae002.i)na USACE 404 POA-1994-00426. Resurrection Bay. NWP .pdf NMFS Seward Northeast Harbor Launch Ramp Renovation, xLOC #AKRO-2021-00849.pdf Good Morning PACAB Here are the documents/permits authorizing use of creosote on the floats. The South Launch Ramp has the same design with creosote beams, there is no leaching of creosote into the water. This project has been approved through our Corps (NMFS) permit, Fish & Game along with NOAA. This project was presented before PACAB at your December 2, 2020 regular meeting. Also was presented to Council at the January 11, 2021 meeting. Norm Regis AMPE Harbormaster Box 167 Seward, Alaska 99664 907-224-3138 ext. 2 nre isg (@cityofseward. net<mailto:nre isg (@cityofseward. net> Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do." Steve Jobs is UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service P.O. Box 27668 Juneau, Alaska 99802-1666 September 16, 2021 Colonel Damon Delarosa US Army Corps of Engineers, Alaska District Regulatory Division PO Box 6898 JBER, Alaska 99506-0898 Re: Seward Northeast Harbor Launch Ramp Renovation, #AKRO-2021-00849 Dear Colonel Delarosa: This letter responds to your request for concurrence from the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act (ESA) for the proposal to replace the existing Northeast Harbor boat launch ramp with a new 4-lane, 2-float configuration in Seward, Alaska. NMFS received an initial request for an informal consultation from the US Army Corps of Engineers (USACE) on April 14, 2021, and requested clarification on project details, as well as provided the USACE with standard mitigation measures on April 30, 2021. hi response, the USACE submitted a revised request on September 10, 2021. Your request qualified for our expedited review and concurrence because it met our screening criteria and contained all required information on your proposed action, mitigation measures, and its potential effects to listed species and designated critical habitat. Expedited consultation for this proposed action commenced on August 10, 2021. We reviewed your consultation request document and related materials. Based on our knowledge, expertise, and the materials you provided, we concur with your conclusions that the proposed action is not likely to adversely affect endangered Western Distinct Population Segment (DPS) Steller sea lions (Eumetopias jubatus). A complete administrative record of this consultation is on file at the Anchorage NMFS office. Reinitiation of ESA consultation is required where discretionary federal involvement or control over the action has been retained or is authorized by law and if (1) take of listed species occurs, (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (3) the action is subsequently modified in L ALASKA REGION - http:f/alaskafisherics.noaa.gov . 42 a manner that causes an effect to the listed species or critical habitat that was not considered in this concurrence letter, or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). Please direct any questions regarding this letter to Kathleen Leonard at Kathleen.Leonardgnoaa. _ og_v or (907) 271-5006. Sincerely, (-:Jonathan M. Kurland Assistant Regional Administrator for Protected Resources cc: Ben Soiseth Benjamin.N.Soiseth2usace.army.mil Brenna Hughes BHu _ghesgpndengineers.com 2 43 08/08/21 PND #: 201160 City of Seward Northeast Harbor Boat Launch Ramp Renovation Project Description The proposed City of Seward Northeast Harbor Boat Launch Ramp Renovation consists of replacing the existing boat launch ramp with a new 4-lane, 2-float configuration that will maintain the existing number of lanes and operability, but decrease the total length and surface area of floats. Purpose The City seeks to replace the aging Northeast Boat Harbor Launch Ramp to improve its level of service and ensure continued safe public access to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. Need The Northeast Boat Harbor Launch Ramp is a major access point for a multitude of users to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The 4-lane ramp provides for diverse uses including launching and retrieval of trailerable recreational vessels, transfer of materials and supplies, and emergency vessel access. The existing ramp is approximately 25 years old and has surpassed its design life. The existing ramp is deteriorating and in need of replacement to avoid creating hazardous conditions for users. Additionally, the ramp's length is insufficient and users frequently back trailers off the end in attempts to reach deeper water. Replacement of the existing ramp will allow for continued safe use while meeting current criteria set by the Americans with Disabilities Act (ADA) and the State Organization for Boating Association (SOBA). The existing fish cleaning float will be relocated to the north, with access provided by a new trestle and gangway. The existing launch ramp also provides access to a fish cleaning float via one of its three boarding floats. The combined fish cleaning and boat launch operations are inefficient and create potential for user conflict. Separating the fish cleaning and boat launch operations will increase the safety and efficiency of both activities. Location Latitude Longitude USGS Quad 600 7' 12.89" N 1490 25' 58.28" W Seward A7 Section(s) Township Range Meridian 03 1 South 1 West Seward Tide Station Station Datums (elevation, ft.) MLLW HTL MHW NOAA station 9455090 0.0' 13.8' 9.7' (Seward, Resurrection Bay) 44 08/08/21 PND #: 201160 Driving Instructions: From the Seward Highway turn east on Port Avenue and then south on Z Float Road. The boat launch is located at the end of Z Float Road. Adjacent Land Ownership: All adjacent uplands parcels (14524016, 14524019, 14524020, 14524022) are owned by the City of Seward. The offshore portions of dock are located in tidelands parcel ATS 174, SW1968-55 and also owned by the City. Description Demolition Demolition includes removing the existing creosote -treated wooden launch floats, steel pipe piles, concrete approach apron, concrete ramp planks, and riprap revetment. Barge access will be required to remove the existing piles. Excavation Below -water excavation will occur to facilitate installation of the new ramp fill, side slope, and toe revetments. Excavation and installation are expected to occur during low tides using an excavator from the slope above water level. Material removed from the excavation will either be used onsite as fill material or loaded into trucks and disposed of on the uplands according to local, state, and federal requirements. Soils in the vicinity were tested by USACE in 2009 for suitability for offshore disposall. No contaminants were reported, only naturally -occurring arsenic and chromium. No offshore disposal is planned for this work; all materials will be either reworked in place or disposed of as described above. New Launch Ramp The new launch ramp surface will consist of precast concrete panels connected to a combination of timber and galvanized steel sleepers supported by new underlayer material manufactured from quarried shot rock. The quarry source will be determined during bidding, but will likely be the City's established quarry near Fourth of July Creek. Below elevation -5.0' MLLW, the ramp will be surfaced with Class II Riprap to prevent erosion. Two new timber boarding floats will be restrained by galvanized structural steel pipe piles. Timbers will be treated with creosote pressure treatment. Riprap revetment will be placed around the side slopes and shoulders of the new launch ramp to stabilize and protect the ramp. The existing ramp fill extends down to the basin elevation at-16.0', with the existing concrete surfacing stopping at -4.0'. The new ramp's profile approximately matches the existing grade, with a similar fill toe location; however, the concrete ramp is extended to -8.0' and riprap protection will be extended to -16.0' for increased safety and erosion protection. ' USACE. 2012. Trip Report with Chemical Findings, Seward Small Boat Harbor. 072765, 12-077. Seward, AK: U.S. Army Corps of Engineers, Alaska. District. W 08/08/21 PND #: 201160 The existing ramp fill encroaches on a dredge boundary maintained by USACE, and if the basin were dredged to these limits the ramp would be undermined. A modification of that boundary has been requested to ensure the new ramp is left out of future USACE dredge project areas. The (10) new boarding floating piles will 12.75" outside diameter steel pipe, and the (4) new fish cleaning float steel pipe piles will be (16") diameter. Both types of float piles will be installed using a vibratory hammer. The (6) new trestle piles will be (18") outside diameter steel pipe, installed using a vibratory hammer and proofed with an impact hammer for final driving. Pile -driving activities will occur intermittently throughout the entire project duration (including removal of the existing piles, temporary pile driving to secure the barge, and installation of the new boarding float and trestle piles). The sum total duration of all pile driving activities is estimated at 1-2 weeks. The new launch ramp improvements will also include the installation of a new trestle, gangway and gangway landing float to access the relocated fish cleaning station. The new trestle would be timber and steel framed, and supported by steel pipe piles. The gangway will be supported onshore by the new trestle, with its offshore end landing on a timber float of similar construction to the boarding floats. The new landing float and relocated fish cleaning float will be connected together and anchored with steel piles. Construction Equipment The new launch ramp will be constructed with land and barge based heavy equipment including excavators, cranes, and vibratory hammers (approximately 100 ton driving force). Equipment will likely include up to 1 crane and material barge and 3 work boats (each under 25 feet) operating at speeds less than 10 knots or as appropriate for navigational safety. Equipment is anticipated to be mobilized from Southcentral Alaska. Other land -based heavy equipment will include bulldozers, loaders, and dump trucks. Final driving of the gangway support piles will be achieved with an impact hammer. Creosote Treatment There is no practicable alternative to using creosote treated wood when in a harsh marine environment. The most suitable alternative treatment method consists of using ACZA pressure treatment; however, this treatment would limit the lifespan of the proposed project and it is not recommended for use on glulam members. The American Institute of Timber Construction (AITC) states that the use of water -borne preservatives (such as ACZA) may result in raised grain and excessive warping, checking or splitting of members. Based on the risk for increased member damage, the glulam manufacturers do not warranty members treated with ACZA. Quantities Project Below HTL Below MHW Below MLLW Total (EL=13.8') (EL=9.7') (EL=0.0') Underlayer Rock (CI) 660 600 490 220 x Riprap (CI) 450 400 350 260 Ramp Concrete (CI) 550 520 420 190 W Excavation (CI) F 1,650 1,400 1,100 650 ©I©I0 3 46 08/08/21 PND #: 201160 Project Below HTL Below MHW Below MLLW Total (EL=13.8') (EL=9.7') (EL=0.0') Existing Footprint (acre) 0.40 0.38 0.32 0.16 New Footprint (acre) 0.48 0.45 0.37 0.20 Existing Float Removed (SF) 3580 Existing Floats Relocated (SF) 840 New Floats Installed (SF) 3580 New Trestle & Gangway (SF) 900 900 900 390 Piles to be Installed (EA) w/ Vibratory Hamner 20 20 18 8 Piles to be Installed (EA) w/ Impact Hamner 6 6 6 0 (After Initial Vibratory Drive) Piles to be Removed (EA) w/ Vibratory Hamner 14 14 11 8 Schedule and Duration The project will be completed in the Fall of 2021 / Spring 2022 and is anticipated to have a duration of approximately 4-6 months. Construction Sequence This sequence is provided as a generalized sequence of events. Details as to quantities and volumes are provided in the tables above. Phase Tasks Estimated Duration* • The contractor will mobilize the necessary equipment and personnel. Mobilize to • The barge will most likely mobilize from Southcentral Alaska depending on Site the selected contractor, availability, and current moorage. 2 weeks • Barges will be moored on -site for the duration of construction, making only minor adjustments in position as needed. • Float units will be detached from existing piling and removed with heavy equipment via the existing ramp and staged on the uplands for Demolish removal/disposal from site. Existing Floats • The barge will be secured by spud piling driven with a vibratory hammer. 1 week These spud piling may be removed/reinstalled multiple times throughout the duration of the project ©1©10 4 47 08/08/21 PND #: 201160 Phase Tasks Estimated Duration* • The existing dock piling will be removed with a vibratory hammer using a crane from the work barge. Remove • Ramp panels will be removed using an excavator and/or crane and staged on Existing the uplands for removal/disposal from site. Concrete • Existing grade beams will be removed using an excavator and staged on the 2 weeks Ramp Planks uplands for removal/disposal from site. • The ramp subgrade will be graded per plans using a bulldozer and/or excavator. Install New . Grade beams will be placed and connected to one another per the plans. Concrete 5 weeks Ramp Planks . Crushed rock fill will be placed between the grade beams. • The new concrete deck planks will be installed using the crane. • Revetment will be placed per the plans using an excavator. • Float units will be unloaded from the barge and placed into the water. Install Floats • The floats will be interconnected and held in place with anchoring and lashing. 1 week • Piles will then be driven through the pile hoops on the floats to secure the system in its final location. • The contractor will initially vibratory drive all piles to first refusal or required minimum embedment (whichever occurs first). Install Piles • Trestle support piles will be proofed with an impact hammer in order to 2 weeks ensure vertical capacity. The trestle pile caps and superstructure will be installed following installation of the piles. • Spud piling securing the barge will be removed and the barge will leave the Demobilization site. 1 week • All demolished existing materials staged on the uplands will be removed from the site. Notes: *Durations based on active time working onsite. Total duration will vary due to working around tides (i.e., in -water fill placement and grading during low tides) and access constraints onsite. Activities are anticipated to occur sequentially in the order presented in the above table. Best Management Practices (BMPs) • Industry standard BMP's would be used to ensure that less creosote residue would be left on the surface of the wood and best construction practices would be used to reduce the transfer of polycychc aromatic hydrocarbons (PAHs) from the wood to the environment. These practices would decrease the impact of creosote treated wood on marine environments. The small levels of PAHs that could be released into the nearby marine environment combined with the small amount of creosote treated wood being used for this project are not expected to cause harm to the wildlife in the area. 08/08/21 PND #: 201160 • The dock will be maintained in a manner that does not introduce any pollutants or debris into the harbor or cause a migration barrier for fish. • Fuels, lubricants, and other hazardous substances will not be stored below the ordinary high water mark. • New floats will be manufactured off site and floated in. • All manmade construction debris will be collected and not allowed to enter waters of the state. • Land based equipment will not be operated on the substrate below the waterline. • Project construction will be completed in compliance with state water quality standards. • Contractor will check equipment for leaks and other problems that could result in discharge of petroleum -based products, hydraulic fluid, or other material to the waterway. • Contractors conducting in -water and over -water work, including demolition, will be familiar with implementation of BMPs and permit conditions typical of working in the aquatic environment. • The contractor will have a spill containment kit, including oil -absorbent materials, on site to be used in the event of a spill or if any oil product is observed in the water. • Piles will be removed using vibratory extraction to greatest extent possible. Piles which cannot be extracted will be cut below the mudline. • All pile and floats removed will be disposed of at an appropriate upland facility. • New piles will be installed using a vibratory hammer with the exception of the trestle piles which will require proofing with an impact hammer. • All in -water work shall occur during daylight hours only. • During pile driving operations, the fish cleaning stations inside the small boat harbor will be closed. ©I©I0 6 49 T of d��x o � STATES Of Regulatory Division POA-1994-00426 Section 408 Request DEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION P.O. BOX 6898 JBER, AK 99506-0898 October 21, 2021 ID- 408-POA-2021-0002 City of Seward Attention: Ms. Janette Bower City Manager Post Office Box 167 Seward, Alaska 99664 Dear Ms. Bower, The Alaska District of the U.S. Army Corps of Engineers (USACE) Regulatory Program and Section 408 Program has completed its review of your request to occupy/use the Federal Maneuvering Channel in Seward Harbor as part of the Northeast Harbor boat launch ramp renovation. Enclosed are copies of Department of the Army Nationwide permit verification along with a Section 408 permission decision. The enclosures include contact information for any questions. Enclosures Section 408 permission decision Nationwide Permit Authorization Sincerely, David S. Hobbie Chief, Regional Regulatory Division 6111 W� ire ♦G�fTfd _.. _, ��4,Ggs STATZS DF DEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION 44669 STERLING HIGHWAY, SUITE B SOLDOTNA, AK 99669-7915 October 18, 2021 Regulatory Division POA-1994-00426 City of Seward Attention: Ms. Janette Bower City Manager Post Office Box 167 Seward, Alaska 99664 Dear Ms. Bower: This is in response to your February 26, 2021, application for a Department of the Army (DA) permit, to 1.) excavate 1,400 cubic yards of material below high tide line (HTL; EL=13.8 feet) of Resurrection Bay, a navigable water of the United States; 2.) discharge 1,520 cubic yards of fill material (to include underlayer rock, riprap, concrete blocks, and timber) into 0.45 acres below HTL to update/extend the existing boat ramp; 3.) install a gangway (6-foot by 100-foot) and trestle (10-foot by 30-foot) over, and below, the mean high water mark (MHW; EL=9.7 feet); 4.) install/relocate floats (3,580 square feet boarding floats and 840 square feet of fish cleaning float); and, 5.) remove 14 piles and install up to 20 steel piles (to include ten, 12.75-inch diameter; four, 16-inch diameter; and six, 18-inch diameter) over, and below, the MHW for the purpose of renovating the City of Seward Northeast Harbor Boat Launch Ramp by replacing the existing boat launch ramp with a new 4-lane, 2-float configuration. It has been assigned file number POA-1994-00426, Resurrection Bay, which should be referred to in all future correspondence with this office. The project site is located within Section 3, T. 1 S., R. 1 W., Seward Meridian; USGS Quad Map Seward A-7; Latitude 60.120221 N., Longitude 149.43291 W.; Kenai Peninsula Borough; Northeast Harbor Boat Launch at the end of Z Float Road, in Seward, Alaska. DA authorization is necessary because your project will involve work in and/or placement of structures and/or dredged and/or fill material into waters of the U.S. under our regulatory jurisdiction. 62 -2- Based upon the information and plans you provided, we hereby verify that the work described above, which would be performed in accordance with the enclosed plan (sheets 1-5), dated January 26, 2021, is authorized by Nationwide Permit (NWP) No. 3, Maintenance. Enclosed is a copy of the NWP No. 3, as well as the Regional and General Conditions. These documents are also available on our website at: www.poa.usace.army.mil/Missions/Regulatory/Permits. You must comply with all terms and conditions associated with NWP No. 3, Maintenance as well as with the special condition listed below: 1. The permittee shall comply with the Federal Endangered Species Act, you must implement all of the mitigating measures identified in the enclosed National Marine Fisheries Service letter of concurrence #AKRO-2021-00849, dated September 16, 2021, including those ascribed to the Corps therein. If you are unable to implement any of these measures, you must immediately notify the Corps, the U.S. Fish and Wildlife Office, and the National Marine Fisheries Service so we may consult as appropriate, prior to initiating the work, in accordance with Federal law. Further, please note General Condition 30 requires that you submit a signed certification to us once any work and required mitigation are completed. Enclosed is the form for you to complete and return to our office. Unless this NWP is modified or revoked, it expires on March 18, 2022. If you commence or are under contract to commence this activity before the date that the 2017 NWPs are modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWPs to complete the activity under the present terms and conditions of these nationwide permits. It is incumbent upon you to remain informed of the changes to the NWPs. Nothing in this letter excuses you from compliance with other Federal, State, or local statutes, ordinances, or regulations. Please contact me via email at Benjamin. N.Soiseth@usace.army.mil, by mail at the address above, or by phone at (907) 753-2670, if you have questions or to request paper copies of the regional and/or general conditions. For more information about the Regulatory Program, please visit our website at www.poa.usace.army.mil/Missions/Regulatory. Enclosures Sincerely, nj min Soiseth Chi f, Southeast Section 6% US Army Corps of Engineers Alaska District Permit Number: Name of Permittee Date of Issuance ENCLOSURE POA-1994-00426 City of Seward October 18, 2021 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to Benjamin Soiseth at Benjamin. N.Soiseth@usace.army.mil, or the following address: U.S. Army Corps of Engineers Alaska District Regulatory Division 44669 Sterling Highway, Suite B Soldotna, Alaska 99669-7915 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above -referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 53 woo mom PROPOSED ACTIVITY: TO REPLACE EXISTING FLOATS, PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH CLEANING ACCESS DATUM: MLLW 0' SEC. 3 T.1 S R1 W SEW. LAT.- 60.15247 LONG:—149.5786 POR1 pVE 0 0 LL N VICINITY MAP CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 Palmer O r ~ Ptaska Guff of TIDAL LEVELS HIGH TIDE LINE (HTL) +13.8 FT MEAN HIGHER WATER (MHW) MEAN LOWER LOW WATER (MLLW) +0.0 FT CITY OF SEWARD NORTHEAST HARBOR LAUNCH RAMP RENOVATION IPOA-1994-00426 IN: RESURRECTION BAY BY: CITY OF SEWARD, AK JAN 26, 2021 SHEET 1 of 5 PARCEL 14524016 _ �I 0 30 60 90 120 FT PARCEL 14524020 - EXISTING OUTFALL USACE DREDGE LIMITS 0 0 PARCEL y 14524021 48't , `.� �_,I RAMP LANES APPROACH EXISTING TIMBER TRESTLE EXISTING FISH CLEANING i ( (TO REMAIN) 2 - -- FLOAT (TO BE RELOCATED)�.`\ -- REMOVE EXISTING NORTH FLOAT REMOVE CONCRETE (164't) w/ ANCHOR PILES ) / APPROACH REMOVE MIDDLE & SOUTH FLOATS i i i II� (185't) w/ ANCHOR PILES -------' PARCEL 14524019 i REMOVE CONCRETE PLANK`\. �` \�`. \ `.�\ REMOVE CONCRETE ' " ABUTMENT, TYP (3) RAMP AND FOUNDATION El El PROPERTY BOUNDARY, TYR S W1968-55 ii l i i i PARCEL i 14524022 i - PROPOSED ACTIVITY: CITY OF SEWARD TO REPLACE EXISTING FLOATS, EXISTING SITE PLAN NORTHEAST HARBOR LAUNCH PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH RAMP RENOVATION CLEANING ACCESS CITY OF SEWARD DATUM: MLLW 0' PO BOX 167 IPOA-1994-00426 SEC. 3 T.1 S R1 W SEW. SEWARD, AK 99664 IN: RESURRECTION BAY LAT: 60.15247 BY: CITY OF SEWARD, AK LONG:—149.5786 JAN 26, 2021 SHEET 2 of 5 wz mo z Q w y z r w ix a N V C = d K M < EL O o Z U � U Z � ai .� � NJ O N= 0-zcn I _ o ©pq z 'I z OIN HTL= 13.8' MHW= 9.7' MLLW= 0.0' BOTTOM OF PLANKS= -8.0't BOTTOM OF RAMP=-16.0't HTL= 13.8' L MHW= 9.7' n 206'± ELEV=18.1't N5 N4 N3 N2 N1 S5 S4 S3 S2 S1 CONCRETE ABUTMENT (5% MAX) CIP APRON `(VERTICAL CURVE) ELEV= +18.4't EXISTING GRADE �u u UNDERLYING ROCK FILL, TYP LAUNCH RAMP SECTION A -A 1 H:2V 8.3' t TIMBER/STEEL ✓���' UNDERLAYER SLEEPERS, TYP ROCK L Li LAUNCH RAMP SECTION B-B NTS 2' RIPRAP \PRON, TYP RIPRAP EXISTING SHOULDER GRADE PROPOSED ACTIVITY: CITY OF SEWARD TO REPLACE EXISTING FLOATS, LAUNCH RAMP NORTHEAST HARBOR LAUNCH PILES, PLANKS, APRON, SECTIONS REVETMENT, AND PROVIDE FISH RAMP RENOVATION CLEANING ACCESS CITY OF SEWARD DATUM: MLLW 0' PO BOX 167 IPOA-1994-00426 SEC. 3 T.1 S R1 W SEW. SEWARD, AK 99664 IN: RESURRECTION BAY LAT: 60.15247 BY: CITY OF SEWARD, AK LONG:—149.5786 JAN 26, 2021 SHEET 4 of 5 PND CAD File: J:\2020\201160 Seward Harbor North Launch Ramp\Drawings\Permitting\04_05 Sections.dwg, Jan 26 J041, REVO 10.0' LANDING FLOAT D 38.5' RELOCATED NEW 30' EXISTING HTL= 13.8' FISHING FLOAT NEW 100' COVERED GANGWAY TRESTLE PIER 7-1 MHW= 9.7' �7 MLLW= 0.0' EXISTING GRADE 16"0 ANCHOR PILE, TYP D FISH CLEANING FLOAT ACCESS SECTION C-C NTS TOP OF TRESTLE HTL= 13.8' MHW= 9.7' TIMBER TRESTLE STEEL PILE CAP 18"0 STEEL PIPE PILE, TYP EXISTING SEA BED All MLLW= 0.0' � / ��x/� TYPICAL TRESTLE SECTION SECTION D-D NTS PROPOSED ACTIVITY: TO REPLACE EXISTING FLOATS, PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH CLEANING ACCESS DATUM: MLLW 0' SEC. 3 T.1 S R1 W SEW. LAT: 60.15247 LONG:—149.5786 FISH CLEANING FLOAT SECTION CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 CITY OF SEWARD NORTHEAST HARBOR LAUNCH RAMP RENOVATION IPOA-1994-00426 IN: RESURRECTION BAY BY: CITY OF SEWARD, AK JAN 26, 2021 SHEET 5 of 5 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service P.O. Box 27668 Juneau, Alaska 99802-1666 September 16, 2021 Colonel Damon Delarosa US Army Corps of Engineers, Alaska District Regulatory Division PO Box 6898 JBER, Alaska 99506-0898 Re: Seward Northeast Harbor Launch Ramp Renovation, #AKRO-2021-00849 Dear Colonel Delarosa: This letter responds to your request for concurrence from the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act (ESA) for the proposal to replace the existing Northeast Harbor boat launch ramp with a new 4-lane, 2-float configuration in Seward, Alaska. NMFS received an initial request for an informal consultation from the US Army Corps of Engineers (USACE) on April 14, 2021, and requested clarification on project details, as well as provided the USACE with standard mitigation measures on April 30, 2021. hi response, the USACE submitted a revised request on September 10, 2021. Your request qualified for our expedited review and concurrence because it met our screening criteria and contained all required information on your proposed action, mitigation measures, and its potential effects to listed species and designated critical habitat. Expedited consultation for this proposed action commenced on August 10, 2021. We reviewed your consultation request document and related materials. Based on our knowledge, expertise, and the materials you provided, we concur with your conclusions that the proposed action is not likely to adversely affect endangered Western Distinct Population Segment (DPS) Steller sea lions (Eumetopias jubatus). A complete administrative record of this consultation is on file at the Anchorage NMFS office. Reinitiation of ESA consultation is required where discretionary federal involvement or control over the action has been retained or is authorized by law and if (1) take of listed species occurs, (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (3) the action is subsequently modified in L ALASKA REGION - http:f/alaskafisherics.noaa.gov . 59 a manner that causes an effect to the listed species or critical habitat that was not considered in this concurrence letter, or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). Please direct any questions regarding this letter to Kathleen Leonard at Kathleen.Leonardgnoaa. _ og_v or (907) 271-5006. Sincerely, (-:Jonathan M. Kurland Assistant Regional Administrator for Protected Resources cc: Ben Soiseth Benjamin.N.Soiseth2usace.army.mil Brenna Hughes BHu _ghesgpndengineers.com 2 60 Biological Assessment and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation Rev. 1 Prepared for: National Marine Fisheries Service Alaska Region PO Box 21668 Juneau, AK 99802 On Behalf of - City of Seward P.O. Box 167 Seward, AK 99664 Prepared by: PND Engineers 1506 West 36t' Ave. Anchorage, AK 99503 August 2021 F.N6iNF..F,RS, 1N(:. Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 1. Introduction The proposed City of Seward Northeast Harbor Boat Launch Ramp Renovation consists of replacing the existing boat launch ramp with a new 4-lane, 2-float configuration that will maintain the existing number of lanes and operability, but decrease the total length and surface area of floats. The City seeks to replace the aging launch ramp to improve its level of service and ensure continued safe public access to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The launch ramp is a major access point for a multitude of users to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The 4-lane ramp provides for diverse uses including launching and retrieval of trailerable recreational vessels, transfer of materials and supplies, and emergency vessel access. The existing ramp is approximately 25 years old and has surpassed its design life. The existing ramp is deteriorating and in need of replacement to avoid creating hazardous conditions for users. Additionally, the ramp's length is insufficient and users frequently back trailers off the end in attempts to reach deeper water. Replacement of the existing ramp will allow for continued safe use while meeting current criteria set by the Americans with Disabilities Act (ADA) and the State Organization for Boating Association (SOBA). The existing fish cleaning float will be relocated to the north, with access provided by a new trestle and gangway. The existing launch ramp also provides access to a fish cleaning float via one of its three boarding floats. The combined fish cleaning and boat launch operations are inefficient and create potential for user conflict. Separating the fish cleaning and boat launch operations will increase the safety and efficiency of both activities. This report uses the best -available scientific data to assesses the potential for the project to impact to species and habitat protected by the Endangered Species Act (ESA) and Essential Fish Habitat (EFH). We have determined that the proposed activity will have no effect on humpback whales, fin whales, North Pacific right whales, and sperm whales and may affect, but is not likely to adversely affect, Western Distinct Population Segment (WDPS) Steller sea lions. No effect to critical habitat for WDPS Steller sea lions or proposed humpback whale critical habitat is anticipated. Effects to EFH are expected to be of limited duration with no lasting impacts to habitat or water quality. Our supporting analysis is provided below. We request your written concurrence if you agree with our determinations. 2. Proposed Action This proposed project will replace and reconfigure the existing Seward Northeast Harbor Launch Ramp. Work is expected to occur between the fall of 2021 and spring of 2022 and will require 4 — 6 months overall. Project elements include the demolition of the existing launch floats, piles, approach apron, ramp planks, and riprap revetment; excavation; fill installation; launch ramp sleeper and panel installation; and creosote -treated float pile installation using vibratory and impact driving methods. Pile driving and removal will initially be completed using a vibratory hammer. Vibratory driving is expected to last approximately 10 minutes per pile, spread over a one -to -two -week period. Trestle and gangway pile installation will be completed with approximately 5 minutes of impact pile driving, likely occurring within a single day. Total duration of pile driving is therefore estimated at less than 6 hours spread over one or two weeks. Additional details regarding construction methods and quantities, best management practices, and mitigation are provided in the attached project description and drawings. 62 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 3. Action Area Figure 1 — Area of iVact The action area is defined in the ESA regulations (50 CFR 402.02) as the area within which all direct and indirect effects of the project will occur. For this project, the action area is the Seward Harbor. The harbor area is separated from the waters of Resurrection Bay by the enclosing harbor breakwaters. The existing breakwaters would prevent the transmission of noise beyond the harbor, therefore effects of the project beyond the harbor are not anticipated; see Figure 1. The harbor is an area busy with vessel activities and related harbor industry. Construction activities will temporarily increase vessel activity in the vicinity of the ramp through the use of several work skiffs and construction barge. Vessel activities will be conducted according to established guidelines for the avoidance of ship strike injury to protected species. Operation and usage levels of the improved boat ramp are expected to continue at the current level following the completion of this project. Because pile driving, excavation, and fill placement duration is limited and because of the projection of the surrounding harbor breakwaters, underwater sound impacts are anticipated to be minimal. Only pile -driving and pile removal are likely to produce sound levels above the background noise of the harbor. For pile -driving and pile removal, the entire Seward Harbor will be the shutdown zone; for all other construction activities, a 10-m radius will be the shutdown zone. Materials will be sourced onsite or from previously established quarries and will be free of contaminants or excess fines. Materials will be placed within or immediately adjacent to the existing ramp footprint. Impacts to water quality are anticipated to be minimal and of very short duration. 2 63 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Impacts anticipated as a result of this project are limited to the Seward Harbor. No impacts to critical habitat areas are anticipated as a result of this project. 4. Listed Species and Critical Habitat Within the project vicinity, Steller sea lions (Eumetopias jubatus), humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera physalus), North Pacific right whales (Eubalaena japonica), and sperm whales (Physeter macrocephalus) occur. Fin whales, north Pacific right whales, and sperm whales are typically found in deep offshore waters outside of Resurrection Bay and are highly unlikely to be found within range of any of the potential effects of this project. Humpback whales are present within Resurrection Bay, but not within the harbor or surrounding shallow waters. Humpback whales, fin whales, North Pacific right whales, and sperm whales are not anticipated within the action area and so will not be discussed further. Critical habitat does not exist within the action area. Steller Sea Lions The proposed project is within the range of Western Distinct Population Segment (WDPS) Steller sea Eons (west of Cape Suckling) (NOAA Fisheries, 2019). The nearest known rookery is over 50 kilometers from the project site at the Chiswell Islands (Fritz et al., 2015). Although sea lions congregate at rookeries in the breeding season (late May — early July), they disperse widely throughout their range outside of that period, seeking prey resources (Muto et al., 2017). Two known Steller sea Eon haul outs (at Rugged Island and Cape Resurrection) are approximately 28 kilometers (15 nautical miles) from the project site; however, these haul outs are not listed as Critical Habitat (Fritz et al., 2015; NOAA Fisheries, 2019c). During construction of the Seward South Harbor Launch Ramp Project, an estimated 9 Steller sea Eons were observed within the harbor over a period comparable to the proposed project. Twice, sea Eons were observed during pre -work observation periods and start-up was delayed until the animals were not observed for 15 minutes. No other observations of sea lions were made during pre -work observations or in -water construction (Hamilton Construction, 2019). It is anticipated that WDPS Steller sea lions would be present in this region during the proposed project's construction because it is outside of the breeding season. The proposed project is not located within critical habitat for WDPS Steller sea lions. 5. Mitigation Measures The project cannot avoid impacts to waters of the US, as it involves reconstruction of existing in - water structures. The fill footprint has been minimized by maintaining, as much as possible, the original impact footprint. Proposed BMPs: • Fill placed below the high tide line (HTL) will be clean fill with relatively few fines to reduce impacts to turbidity and/or sedimentation. • Fuels, lubricants, and other hazardous substances will not be stored below HTL. • Maintenance actions will be performed by shore -based equipment or from an offshore barge. As much as possible, land equipment will operate from above MHW. • Vessel operators will operate in accordance with 81 FR 62018, Alaska Humpback Whale Approach Regulations • Fish -cleaning stations in the harbor will be closed during pile -driving periods to avoid attracting Steller sea lions. 64 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 • The City will implement waste management procedures for crew members to prevent the generation of attractants or hazards for protected species. • In -water pile -driving operations will be monitored by a designated protected species observer as described below. • All other in -water work will be suspended by construction personnel if a protected species enters the 10-meter shutdown radius. Pile -Driving Monitoring: To minimize the risk of harm to listed marine species from pile driving, the City agrees to implement the following mitigation measures: 1) NMFS will be informed of impending in -water activities a minimum of one week prior to the onset of those activities. 2) If construction activities will occur outside of the time window specified in the Letter of Concurrence (LOC), the Applicant will notify NMFS of the situation at least 60 days prior to the end of the specified time window to allow for reinitiation of consultation. 3) Toxic or hazardous material specifications, inventories, separation, confinement, and handling will be determined, documented, and communicated to appropriate personnel. Protected Species Observer (PSO) duties The folloving pre -clearance and shutdovn Zone measures are the same for all in-ivater activities. Additional mitigation measures specific to each activity are listed in subsections belov. 4) One or more PSOs will be performing PSO duties onsite throughout pile removal, pile installation, and in -water construction. 5) For this project, PSOs will monitor all marine waters within two shutdown zones: a) all marine waters within the Small Boat Harbor for pile driving and pile removal activities and b) a 10-m radius of all other in -water construction activities. 6) PSOs will be positioned such that they will collectively be able to monitor the entirety of each activity's shutdown zone, along with adjacent waters. For pile driving and pile removal activities, a PSO will be positioned at the mouth of the Harbor to identify any protected species approaching the shutdown zone. Other PSO positions will be coordinated with NMFS prior to PSO deployment. 7) Prior to commencing pile removal, pile installation, and in -water construction, PSOs will scan waters within the shutdown zones listed above and confirm no listed species are within the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to initiation of the in -water activity. If one or more listed species are observed within the shutdown zone, the in -water activity will not begin until the listed specie(s) exit the shutdown zone of their own accord, or the shutdown zone has remained clear of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 8) The on -duty PSOs will continuously monitor the shutdown zone and adjacent waters during pile removal, pile installation, and in -water construction operations for the presence of listed species. 9) In -water activities will take place only: a) between civil dawn and civil dusk when PSOs can effectively monitor for the presence of marine mammals; b) during conditions with a Beaufort Sea State of 4 or less within the observation zone; 4 65 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) when the entire shutdown zone and adjacent waters are visible (e.g., monitoring effectiveness is not reduced due to rain, fog, snow, volcanic ash). 10) If visibility degrades to where the PSO cannot ensure that the shutdown zone remains devoid of listed species during pile removal, pile installation, and in -water construction, the crew will cease in -water work until the entire shutdown zone is visible and the PSO has indicated that the zone has remained devoid of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 11) The PSO will order the pile removal, pile installation, and in -water construction activities to immediately cease if one or more listed species has entered, or appears likely to enter, the associated shutdown zone. 12) If pile removal, pile installation, and in -water construction activities are shut down for less than 30 minutes due to the presence of listed -species in the shutdown zone, pile removal, pile installation, and in -water construction may commence when the PSO provides assurance that listed species were observed exiting the shutdown zone. Otherwise, the activities may only commence after the PSO provides assurance that listed species have not been seen in the shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans). 13) Following a lapse of pile removal, pile installation, and in -water construction activities of more than 30 minutes, the PSO will authorize resumption of activities (using soft -start procedures for impact pile driving activities) only after the PSO provides assurance that listed species have not been present in the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans immediately prior to resumption of operations. 14) If a listed species is observed within a shutdown zone or is otherwise harassed, harmed, injured, or disturbed, PSOs will immediately report that occurrence to NMFS using the contact information specified in Table 1. 15) Prior to commencing in -water work or at changes in watch, PSOs will establish a point of contact with the construction crew. The PSO will brief the point of contact as to the shutdown procedures if listed species are observed likely to enter or within the shutdown zone, and will request that the point of contact instruct the crew to notify the PSO when a marine mammal is observed. If the point of contact goes "off shift" and delegates his duties, the PSO must be informed and brief the new point of contact. Protected Species Observer Requirements 16) Protected Species Observers (PSOs) will be approved by NMFS prior to deployment. PSO resumes will be provided to the NMFS consultation biologist for approval at least one week prior to in -water work. The agency will provide a brief explanation in instances where an individual is not approved. 17) PSOs will: a) have vision correctable to 20-20; b) have the ability to effectively communicate orally, by radio and in person, with project personnel; c) have prior experience collecting field observations and recording field data accurately and in accordance with project protocols; d) be able to identify Alaskan marine mammals to species; e) be able to record marine mammal behavior; and have technical writing skills sufficient to create understandable reports of observations or to communicate observation details to report author. 5 66 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 18) PSOs will complete PSO training prior to deployment. The training will include: a) field identification of marine mammals and marine mammal behavior; b) ESA and MMPA regulations as they pertain to the project; c) mitigation measures outlined in the LOC; d) proper equipment use; e) methodologies in marine mammal observation and data recording and proper reporting protocols; and f) an overview of PSO roles and responsibilities. 19) PSOs will work in shifts lasting no longer than 4 hours with at least a 1-hour break from monitoring duties between shifts. PSOs will not perform PSO duties for more than 12 hours in a 24-hour period. 20) PSOs will have the ability to effectively communicate orally, by radio and in person, with project personnel to provide real-time information on listed species. 21) PSOs will have the ability and authority to order appropriate mitigation response, including shutdowns, to avoid takes of all listed species. 22) The PSOs will have the following equipment to address their duties: a) tools which enable them to accurately determine the position of a marine mammal in relationship to the shutdown zone; b) two-way radio communication, or equivalent, with onsite project manager; c) tide tables for the project area; d) watch or chronometer; e) binoculars (7x50 or higher magnification) with built-in rangefinder or reticles (rangefinder may be provided separately); f) a legible copy of this LOC and all appendices; and g) legible and fellable observation record form allowing for required PSO data entry. 23) PSOs will have no other primary duties beyond watching for, acting on, and reporting events related to listed species. Impact Pile driving Please see the Pre -clearance and Shutdovn Zones Section above for required shutdoavn Zones. 24) If no listed species are observed within the impact pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, soft -start procedures will be implemented immediately prior to activities. Soft start requires contractors to provide an initial set of strikes at no more than half the operational power, followed by a 30-second waiting period, then two subsequent reduced power strike sets. A soft start must be implemented at the start of each day's impact pile driving, any time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. 25) Following this soft -start procedure, operational impact pile driving may commence and continue provided listed species remain absent from the shutdown zone. Vibratory Pile Driving 26) If no listed species are observed within the vibratory pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, vibratory pile driving may commence. This pre -pile driving observation period will take place at the start of each day's 67 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 vibratory pile driving, each time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. Placement of Fill 27) Fill material will consist of rock fill that is free of fine sediments to the extent practical, to reduce suspended materials from entering the water column. 28) Fill material will be obtained from local sources when possible, avoiding the need to ship fill through marine mammal habitat, and in all cases will be free of invasive marine and terrestrial vegetation species. Vessel Transit 29) Vessel operators will take reasonable precautions to avoid interaction with listed whales by taking the following actions: a) Vessel operators will maintain a watch for listed marine mammals at all times while underway. b) Vessels will stay at least 91 m (100 yds) away from listed marine mammals, except they will remain 460 m (500 yards) from endangered North Pacific right whales (50 CFR § 224.103(d)). c) Operators will reduce vessel speed to less than 5 knots (9 km/hour) when within 274 m (300 yards) of a whale. d) Unless necessary to reduce the risk of collision, vessel operators will avoid changes in direction and speed when within 274 m (300 yds) of whales. e) Vessel operators will not position vessel(s) in the path of whales, and will not cut in front of whales in a way or at a distance that causes the cetaceans to change their direction of travel or behavior (including breathing/surfacing pattern). f) Operating the vessel(s) to avoid causing a whale to make changes in direction. g) Checking the waters immediately adjacent to the vessel(s) to ensure that no whales will be injured when the propellers are engaged. h) Reducing vessel speed to 10 knots or less when weather conditions reduce visibility to 1.6 km (1 mi) or less. i) If a whale's course and speed are such that it will likely cross in front of a vessel that is underway or approach within 91 m (100 yds) of the vessel and if maritime conditions safely allow, the engine will be put in neutral and the whale will be allowed to pass beyond the vessel, except that vessels will remain 460 m (500 yds) from North Pacific right whales (50 CFR 224.103 (d). j) If the vessel is taken out of gear, vessel crew will ensure that no whales are within 50 m of the vessel when propellers are re-engaged, thus minimizing risk of marine mammal injury. 30) Vessels will take reasonable steps to alert other vessels in the vicinity of whale(s). 31) Vessels will not allow lines to remain in the water, and no trash or other debris will be thrown overboard, thereby reducing the potential for marine mammal entanglement. 32) The transit route for the vessels will avoid designated critical habitat to the extent practicable. Data Collection 33) PSOs will record observations on data forms or into electronic data sheets. 34) PSOs will record the following: a) the date, shift start time, shift stop time, and PSO identifier; b) date and time of each reportable event (e.g., a marine mammal observation, operation shutdown, reason for operation shutdown, change in weather); 68 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) weather parameters (e.g., percent cloud cover, percent glare, visibility) and sea state where the Beaufort Wind Force Scale will be used to determine sea -state (https://www.weather.gov/mfl/beaufort); d) species, numbers, and, if possible, sex and age class of observed marine mammals, along with the date, time, and location of the observation; e) the predominant sound -producing activities occurring during each marine mammal observation; marine mammal behavior patterns observed, including bearing and direction of travel; g) behavioral reactions of marine mammals just prior to or during sound producing activities; h) whether the presence of marine mammals necessitated the implementation of mitigation measures to avoid acoustic impact, and the duration of time that normal operations were affected by the presence of marine mammals; i) geographic coordinates for the observed animals, with the position recorded by using the most precise coordinates practicable (coordinates will be recorded in decimal degrees, or similar standard and defined coordinate system). Unauthorized Take 35) If a listed marine mammal is determined by the PSO to have been disturbed, harassed, harmed, injured, or killed by the project activities (e.g., a listed marine mammal(s) is injured or killed or is observed entering a shutdown zone before operations can be shut down), it will be reported to NMFS within one business day to the contact specified below. These PSO records will include: a) number and species of listed animals affected; b) the date, time, and location of each event (provide geographic coordinates); c) description of the event; d) the time the animals) was first observed or entered the shutdown zone, and, if known, the time the animal was last seen or exited the zone, and the fate of the animal; e) mitigation measures implemented prior to and after the animal was taken; and if a vessel struck a marine mammal, the contact information for the PSO on duty, or the contact information for the individual piloting the vessel if there was no PSO on duty; g) Photographs or video footage of the animal(s) (if available). Stranded, Injured, Sick or Dead Marine Mammal (not associated with the project) 36) If PSOs observe an injured, sick, or dead marine mammal (i.e., stranded marine mammal), they will notify the contact specified below. The PSOs will submit photos and data that will aid NMFS in determining how to respond to the stranded animal. Data submitted to NMFS in response to stranded marine mammals will include date/time, location of stranded marine mammal, species and number of stranded marine mammals, description of the stranded marine mammal's condition, event type (e.g., entanglement, dead, floating), and behavior of live -stranded marine mammals. Illegal Activities 37) If PSOs observe marine mammals being disturbed, harassed, harmed, injured, or killed (e.g., feeding or unauthorized harassment), these activities will be reported to the contact specified below. 38) Data submitted to NMFS will include date/time, location, description of the event, and any photos or videos taken. 69 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Final Report 39) A final report will be submitted to NMFS within 90 calendar days of the completion of the project summarizing the data recorded and submitted to the contact specified below. The report will summarize all in -water activities associated with the proposed action, and results of PSO monitoring conducted during the in -water project activities. 40) The final report will include: a) summaries of monitoring efforts including total hours, and marine mammal distribution through the study period, accounting for sea state and other factors that affect visibility and detectability of marine mammals; b) analyses on the effects from various factors that may have influenced detectability of marine mammals (e.g., sea state, number of observers, fog, glare, and other factors as determined by the PSOs); c) species composition, occurrence, and distribution of marine mammal observations, including date, water depth, numbers, age/size/gender categories (if determinable), group sizes, and ice cover; d) number of marine mammals observed (by species) during periods with and without project activities (and other variables that could affect detectability); e) initial, closest, and last marine mammal observation distances versus project activity at time of observation; 0 observed marine mammal behaviors and movement types versus project activity at time of observation; g) numbers of marine mammal observations/individuals seen versus project activity at time of observation h) distribution of marine mammals around the action area versus project activity at time of observation. i) digital, queryable documents containing PSO observations and records and digital, queryable reports. Summary of Agency Contact Information For all mitigation measures, NMFS will be contacted using the contact information specified in Table 1. In all cases, notification will reference the NMFS consultation tracking number (e.g., AKRO-2021- 00849) Table 1. Summary of agency contact information Reason for Contact Contact Information Consultation Questions & Unauthorized Greg Balogh: greg.balogh@noaa.gov & Take Ann Erickson (ann.erickson@noaa.gov) Monthly and Final Reports &Data AKR.section7@noaa.gov Submittal (please include AKRO-2021-00849 in subject line) Stranded, Injured, or Dead Marine Mammal Stranding Hotline (24/7 coverage) 877-925-7773 (not related to project activities) 9 rif Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Reason for Contact Contact Information U.S. Coast Guard National Response Center: Oil Spill & Hazardous Materials Response 1-800-424-8802 & AKRNMFSSpillResponse@noaa.gov Illegal Activities NMFS Office of Law Enforcement (AK (not related to project activities; e.g., Hotline): feeding, unauthorized harassment, or 1-800-853-1964 disturbance to marine mammals) In the event that this contact information NMFS Anchorage Main Office: 907-271-5006 becomes obsolete Or NMFS Juneau Main Office: 907-586-7236 6. ESA Effects Determination Potential effects to listed species include acoustic impacts from pile -driving, potential interference from vessel traffic during construction, and direct contact during in -water work. Acoustic Impacts The proposed project would involve underwater sound from pile -driving. The effects to Steller sea lions from pile -driving noise are anticipated to be insignificant due to the implementation of proposed mitigation measures. Protected species observers will monitor the potential impact zone to shut down pile -driving activities to prevent harassment or take should Steller sea lions or other protected species approach the zone. Vessel Traffic Project operations will be conducted in an area with frequent vessel traffic, so species in the area will most likely be habituated. Vessel traffic supporting in -water work is expected to be contained to the harbor and will be slow -moving, so the likelihood of vessel strike will be lower as a result than from faster -moving offshore traffic. The likelihood of effects to endangered species due to project vessel traffic are insignificant due to the low level of the activity and with the proposed mitigation. No additional area vessel traffic is anticipated as a result of this project. In -water Work In -water work, including demolition and panel placement, poses the risk of contact injury to marine mammals that are in close proximity to project activities. This risk will be mitigated by the observation of a shut -down radius during any in -water work if a protected species approaches within 10 meters. For non -pile -driving work, this shutdown authority will be performed by construction crew personnel as the area of observation is very small. Before in -water work transitions to pile -driving, however, a designated observer will be onsite. The likelihood of effects to endangered species due to injury from physical contact during in -water work are insignificant due to the proposed mitigation. Critical Habitat The nearest critical habitat for listed species is more than 25 kilometers from the project site and is therefore out of range of any effects from project activities. Therefore, no further analysis is provided. 10 VA Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Prey Species No long-term effects to fish species or their habitat are anticipated as a result of this project. Temporary disturbances to under -dock habitat and brief turbidity impacts may occur but are not expected to persist or to reduce the availability of prey species. 7. Essential Fish Habitat Description The waters of Resurrection Bay are designated as EFH under the Fishery Management Plans (FMPs) for Groundfish of the Gulf of Alaska (2017) and for the Salmon Fisheries in the Exclusive Economic Zone Off Alaska (2018). Shoreline habitats adjacent to the harbor are characterized as protected/partially mobile/sediment or rock and sediment with no known eel grass (ShoreZone, 2021). Scheffler Creek enters the bay near the entrance to the harbor. The creek is listed as an anadromous stream by ADF&G (213-30-10070) and is known to bear coho, pink, and sockeye salmon. Seward Lagoon is stocked annually with king salmon (Oncorhynchus tshas�ytscha) and silver salmon (Oncorhynchus kisutch) (Blain pers. com., 2019). Fish species found in the project area include all salmon species included in the Salmon FMP. In similar habitats in Resurrection Bay, fish sampling collected a variety of species included in the Groundfish FMP. Species caught in a gravelly sand shoreline area on the east side of Resurrection Bay (Site B01) are summarized below in Table 1. Table 2. Eastern Resurrection Bay fish counts and FMP species status Fish Count GOA Groundfish FMP Site B01 Species Ecosystem (sand -gravel) Component 2009 Pacific herring Prohibited Species (Clupea pallasii) Pacific sand lance Forage Fish %6 (Ammodytes hexapterus) Buffalo sculpin In Fishery 3 (Enophrys bison) Sand sole In Fishery 2 (Psettichthys melanostictus) Frog sculpin In Fishery 1 (Myoxocephalus stelleri) Speckled sanddab In Fishery 1 (Citharichthys stigmaeus) Prowfish In Fishery 1 (Zaprora silenus) Starry flounder In Fishery 1 (Platichthys stellatus) juvenile flatfish In Fishery 8 juvenile sculpin In Fishery 5 fish larvae 28 11 VA Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 8. EFH Effects Determination Noise and increases in turbidity from construction will be contained within the harbor and are unlikely to impact fish rearing habitat outside the harbor. Both impacts are very short in duration, only affecting fish in the immediate vicinity of the project at the time of construction. Following project completion, under -dock habitat within the harbor will be similar to the existing infrastructure and no long-term effects to water quality or loss of habitat are expected to result from the project. 9. Conclusion Based on the analysis that all effects of the proposed action will be insignificant and/or discountable, we have determined that the proposed action is not likely to adversely affect any listed species or critical habitat under NMFS's jurisdiction. We have used the best scientific and commercial data available to complete this analysis. The City of Seward has made the following ESA determinations: • Humpback whales • Humpback whale proposed Critical Habitat • WDPS Steller sea lions • WDPS Steller sea lion Critical Habitat • Fin whales • North Pacific right whales • Sperm whales No Effect No Effect May Affect, Not Likely to Adversely Affect No Effect No Effect No Effect No Effect 73 12 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 10. Literature Cited ADF&G. (2007). Seward Area. Kenai Peninsula Recreational Fishing Series. Southcentral Region. Alaska Department of Fish and Game. Division of Sport Fish. https://www.adfg.alaska.gov/static- s f/ Regio n2 / p d fp ub s/ s ewar d. p d f ADF&G. (2019a). Fin Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 17, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg=specialstatus. fedhabitat&species=fmwhale ADF&G. (2019b). Sperm Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 19, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg= specialstatus. fedhabitat&species= spermwhale Blain, B. (2019). Personal communication with Brittany Blain, Assistant Area Management Biologist at ADF&G. Via telephone on 5/23/19. Fritz, Lowell; Sweeney, Kathryn; Towell, Rod; Gelatt, Tom. (2015). Steller sea lion haulout and rookery locations in the United States for 2016-05-14 (NCEI Accession 0129877). [indicate subset used]. NOAA National Centers for Environmental Information. Dataset. Retrieved April 11, 2019 from https://dol.org/10.7289/v58c9t7v Hamilton Construction. (2019). Protected Species Observer 90-Day Report. Seward South Harbor Launch Ramp Renovation Project. July 17, 2019. M.M. Muto, V. T. Helker, R. P. Angliss, B. A. Allen, P. L. Boveng, J. M. Breiwick, M. F. Cameron, P. J. Clapham, S. P. Dahle, M. E. Dahlheim, B. S. Fadely, M. C. Ferguson, L. W. Fritz, R. C. Hobbs, Y. V. Ivashchenko, A. S. Kennedy, J. M. London, S. A. Mizroch, R. R. Ream, E. L. Richmond, K. E. W. Shelden, R. G. Towell, P. R. Wade, J. M. Waite, and A. N. Zerbini. (2018). Alaska marine mammal stock assessments, 2017. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-AFSC-378, 382 p. NMFS (2013). Final recovery plan for the North Pacific right whale (Eubalaena japonica). Retrieved April 17, 2019, from Noaa.govwebsite: https://repository.library.noaa.gov/view/noaa/15978 NMFS Alaska Region. (2016). Occurrence of Endangered Species Act (ESA) Listed Humpback Whales off Alaska. https://alaskafisheries.noaa.gov/sites/default/files/humpback—guidance.pdf NOAA Fisheries. (2019a). Fin Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/fm-whale NOAA Fisheries. (2019b). Humpback Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/humpback-whale#overview NOAA Fisheries. (2019c). Species Distribution Mapper. Alaska Protected Resources Division. https://alaskafishenes.noaa.gov/portal/apps/webappviewer/. Accessed 4/16/19. NOAA Fisheries. (2019d). Nearshore Fish Atlas of Alaska. Web -based Atlas. NOAA Fisheries Auke Bay Laboratories and NOAA Alaska Regional Office. https://alaskafishenes.noaa.gov/habitat/fishatlas. Accessed 5/21/2019. North Pacific Fishery Management Council (NPFMC). (2017a). Fishery Management Plan for Groundfish of the Gulf of Alaska. Anchorage, Alaska. https://www.npfmc.org/wp-content/ PDFdocuments /fmp/GOA/GOAfmp.pdf North Pacific Fishery Management Council (NPFMC). (2017b). Stock Assessment and Fishery Evaluation Report for the Groundfish Resources of the Gulf of Alaska. Anchorage, Alaska. https://www.afsc.noaa.gov/REFM/Stocks/assessments.htm ShoreZone. (2021). Alaska ShoreZone web -mapping system. http://www.shorezone.org/. Habitat Class Layer. Accessed 3/21/2021. 13 74 Biological Assessment and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation Rev. 1 Prepared for: National Marine Fisheries Service Alaska Region PO Box 21668 Juneau, AK 99802 On Behalf of - City of Seward P.O. Box 167 Seward, AK 99664 Prepared by: PND Engineers 1506 West 36t' Ave. Anchorage, AK 99503 August 2021 F.N6iNF..F,RS, 1N(:. ril Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 1. Introduction The proposed City of Seward Northeast Harbor Boat Launch Ramp Renovation consists of replacing the existing boat launch ramp with a new 4-lane, 2-float configuration that will maintain the existing number of lanes and operability, but decrease the total length and surface area of floats. The City seeks to replace the aging launch ramp to improve its level of service and ensure continued safe public access to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The launch ramp is a major access point for a multitude of users to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The 4-lane ramp provides for diverse uses including launching and retrieval of trailerable recreational vessels, transfer of materials and supplies, and emergency vessel access. The existing ramp is approximately 25 years old and has surpassed its design life. The existing ramp is deteriorating and in need of replacement to avoid creating hazardous conditions for users. Additionally, the ramp's length is insufficient and users frequently back trailers off the end in attempts to reach deeper water. Replacement of the existing ramp will allow for continued safe use while meeting current criteria set by the Americans with Disabilities Act (ADA) and the State Organization for Boating Association (SOBA). The existing fish cleaning float will be relocated to the north, with access provided by a new trestle and gangway. The existing launch ramp also provides access to a fish cleaning float via one of its three boarding floats. The combined fish cleaning and boat launch operations are inefficient and create potential for user conflict. Separating the fish cleaning and boat launch operations will increase the safety and efficiency of both activities. This report uses the best -available scientific data to assesses the potential for the project to impact to species and habitat protected by the Endangered Species Act (ESA) and Essential Fish Habitat (EFH). We have determined that the proposed activity will have no effect on humpback whales, fin whales, North Pacific right whales, and sperm whales and may affect, but is not likely to adversely affect, Western Distinct Population Segment (WDPS) Steller sea lions. No effect to critical habitat for WDPS Steller sea lions or proposed humpback whale critical habitat is anticipated. Effects to EFH are expected to be of limited duration with no lasting impacts to habitat or water quality. Our supporting analysis is provided below. We request your written concurrence if you agree with our determinations. 2. Proposed Action This proposed project will replace and reconfigure the existing Seward Northeast Harbor Launch Ramp. Work is expected to occur between the fall of 2021 and spring of 2022 and will require 4 — 6 months overall. Project elements include the demolition of the existing launch floats, piles, approach apron, ramp planks, and riprap revetment; excavation; fill installation; launch ramp sleeper and panel installation; and creosote -treated float pile installation using vibratory and impact driving methods. Pile driving and removal will initially be completed using a vibratory hammer. Vibratory driving is expected to last approximately 10 minutes per pile, spread over a one -to -two -week period. Trestle and gangway pile installation will be completed with approximately 5 minutes of impact pile driving, likely occurring within a single day. Total duration of pile driving is therefore estimated at less than 6 hours spread over one or two weeks. Additional details regarding construction methods and quantities, best management practices, and mitigation are provided in the attached project description and drawings. re Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 3. Action Area Figure 1 — Area of iVact The action area is defined in the ESA regulations (50 CFR 402.02) as the area within which all direct and indirect effects of the project will occur. For this project, the action area is the Seward Harbor. The harbor area is separated from the waters of Resurrection Bay by the enclosing harbor breakwaters. The existing breakwaters would prevent the transmission of noise beyond the harbor, therefore effects of the project beyond the harbor are not anticipated; see Figure 1. The harbor is an area busy with vessel activities and related harbor industry. Construction activities will temporarily increase vessel activity in the vicinity of the ramp through the use of several work skiffs and construction barge. Vessel activities will be conducted according to established guidelines for the avoidance of ship strike injury to protected species. Operation and usage levels of the improved boat ramp are expected to continue at the current level following the completion of this project. Because pile driving, excavation, and fill placement duration is limited and because of the projection of the surrounding harbor breakwaters, underwater sound impacts are anticipated to be minimal. Only pile -driving and pile removal are likely to produce sound levels above the background noise of the harbor. For pile -driving and pile removal, the entire Seward Harbor will be the shutdown zone; for all other construction activities, a 10-m radius will be the shutdown zone. Materials will be sourced onsite or from previously established quarries and will be free of contaminants or excess fines. Materials will be placed within or immediately adjacent to the existing ramp footprint. Impacts to water quality are anticipated to be minimal and of very short duration. 2 77 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Impacts anticipated as a result of this project are limited to the Seward Harbor. No impacts to critical habitat areas are anticipated as a result of this project. 4. Listed Species and Critical Habitat Within the project vicinity, Steller sea lions (Eumetopias jubatus), humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera physalus), North Pacific right whales (Eubalaena japonica), and sperm whales (Physeter macrocephalus) occur. Fin whales, north Pacific right whales, and sperm whales are typically found in deep offshore waters outside of Resurrection Bay and are highly unlikely to be found within range of any of the potential effects of this project. Humpback whales are present within Resurrection Bay, but not within the harbor or surrounding shallow waters. Humpback whales, fin whales, North Pacific right whales, and sperm whales are not anticipated within the action area and so will not be discussed further. Critical habitat does not exist within the action area. Steller Sea Lions The proposed project is within the range of Western Distinct Population Segment (WDPS) Steller sea Eons (west of Cape Suckling) (NOAA Fisheries, 2019). The nearest known rookery is over 50 kilometers from the project site at the Chiswell Islands (Fritz et al., 2015). Although sea lions congregate at rookeries in the breeding season (late May — early July), they disperse widely throughout their range outside of that period, seeking prey resources (Muto et al., 2017). Two known Steller sea Eon haul outs (at Rugged Island and Cape Resurrection) are approximately 28 kilometers (15 nautical miles) from the project site; however, these haul outs are not listed as Critical Habitat (Fritz et al., 2015; NOAA Fisheries, 2019c). During construction of the Seward South Harbor Launch Ramp Project, an estimated 9 Steller sea Eons were observed within the harbor over a period comparable to the proposed project. Twice, sea Eons were observed during pre -work observation periods and start-up was delayed until the animals were not observed for 15 minutes. No other observations of sea lions were made during pre -work observations or in -water construction (Hamilton Construction, 2019). It is anticipated that WDPS Steller sea lions would be present in this region during the proposed project's construction because it is outside of the breeding season. The proposed project is not located within critical habitat for WDPS Steller sea lions. 5. Mitigation Measures The project cannot avoid impacts to waters of the US, as it involves reconstruction of existing in - water structures. The fill footprint has been minimized by maintaining, as much as possible, the original impact footprint. Proposed BMPs: • Fill placed below the high tide line (HTL) will be clean fill with relatively few fines to reduce impacts to turbidity and/or sedimentation. • Fuels, lubricants, and other hazardous substances will not be stored below HTL. • Maintenance actions will be performed by shore -based equipment or from an offshore barge. As much as possible, land equipment will operate from above MHW. • Vessel operators will operate in accordance with 81 FR 62018, Alaska Humpback Whale Approach Regulations • Fish -cleaning stations in the harbor will be closed during pile -driving periods to avoid attracting Steller sea lions. 78 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 • The City will implement waste management procedures for crew members to prevent the generation of attractants or hazards for protected species. • In -water pile -driving operations will be monitored by a designated protected species observer as described below. • All other in -water work will be suspended by construction personnel if a protected species enters the 10-meter shutdown radius. Pile -Driving Monitoring: To minimize the risk of harm to listed marine species from pile driving, the City agrees to implement the following mitigation measures: 1) NMFS will be informed of impending in -water activities a minimum of one week prior to the onset of those activities. 2) If construction activities will occur outside of the time window specified in the Letter of Concurrence (LOC), the Applicant will notify NMFS of the situation at least 60 days prior to the end of the specified time window to allow for reinitiation of consultation. 3) Toxic or hazardous material specifications, inventories, separation, confinement, and handling will be determined, documented, and communicated to appropriate personnel. Protected Species Observer (PSO) duties The folloving pre -clearance and shutdovn Zone measures are the same for all in-ivater activities. Additional mitigation measures specific to each activity are listed in subsections belov. 4) One or more PSOs will be performing PSO duties onsite throughout pile removal, pile installation, and in -water construction. 5) For this project, PSOs will monitor all marine waters within two shutdown zones: a) all marine waters within the Small Boat Harbor for pile driving and pile removal activities and b) a 10-m radius of all other in -water construction activities. 6) PSOs will be positioned such that they will collectively be able to monitor the entirety of each activity's shutdown zone, along with adjacent waters. For pile driving and pile removal activities, a PSO will be positioned at the mouth of the Harbor to identify any protected species approaching the shutdown zone. Other PSO positions will be coordinated with NMFS prior to PSO deployment. 7) Prior to commencing pile removal, pile installation, and in -water construction, PSOs will scan waters within the shutdown zones listed above and confirm no listed species are within the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to initiation of the in -water activity. If one or more listed species are observed within the shutdown zone, the in -water activity will not begin until the listed specie(s) exit the shutdown zone of their own accord, or the shutdown zone has remained clear of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 8) The on -duty PSOs will continuously monitor the shutdown zone and adjacent waters during pile removal, pile installation, and in -water construction operations for the presence of listed species. 9) In -water activities will take place only: a) between civil dawn and civil dusk when PSOs can effectively monitor for the presence of marine mammals; b) during conditions with a Beaufort Sea State of 4 or less within the observation zone; 4 79 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) when the entire shutdown zone and adjacent waters are visible (e.g., monitoring effectiveness is not reduced due to rain, fog, snow, volcanic ash). 10) If visibility degrades to where the PSO cannot ensure that the shutdown zone remains devoid of listed species during pile removal, pile installation, and in -water construction, the crew will cease in -water work until the entire shutdown zone is visible and the PSO has indicated that the zone has remained devoid of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 11) The PSO will order the pile removal, pile installation, and in -water construction activities to immediately cease if one or more listed species has entered, or appears likely to enter, the associated shutdown zone. 12) If pile removal, pile installation, and in -water construction activities are shut down for less than 30 minutes due to the presence of listed -species in the shutdown zone, pile removal, pile installation, and in -water construction may commence when the PSO provides assurance that listed species were observed exiting the shutdown zone. Otherwise, the activities may only commence after the PSO provides assurance that listed species have not been seen in the shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans). 13) Following a lapse of pile removal, pile installation, and in -water construction activities of more than 30 minutes, the PSO will authorize resumption of activities (using soft -start procedures for impact pile driving activities) only after the PSO provides assurance that listed species have not been present in the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans immediately prior to resumption of operations. 14) If a listed species is observed within a shutdown zone or is otherwise harassed, harmed, injured, or disturbed, PSOs will immediately report that occurrence to NMFS using the contact information specified in Table 1. 15) Prior to commencing in -water work or at changes in watch, PSOs will establish a point of contact with the construction crew. The PSO will brief the point of contact as to the shutdown procedures if listed species are observed likely to enter or within the shutdown zone, and will request that the point of contact instruct the crew to notify the PSO when a marine mammal is observed. If the point of contact goes "off shift" and delegates his duties, the PSO must be informed and brief the new point of contact. Protected Species Observer Requirements 16) Protected Species Observers (PSOs) will be approved by NMFS prior to deployment. PSO resumes will be provided to the NMFS consultation biologist for approval at least one week prior to in -water work. The agency will provide a brief explanation in instances where an individual is not approved. 17) PSOs will: a) have vision correctable to 20-20; b) have the ability to effectively communicate orally, by radio and in person, with project personnel; c) have prior experience collecting field observations and recording field data accurately and in accordance with project protocols; d) be able to identify Alaskan marine mammals to species; e) be able to record marine mammal behavior; and have technical writing skills sufficient to create understandable reports of observations or to communicate observation details to report author. 5 80 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 18) PSOs will complete PSO training prior to deployment. The training will include: a) field identification of marine mammals and marine mammal behavior; b) ESA and MMPA regulations as they pertain to the project; c) mitigation measures outlined in the LOC; d) proper equipment use; e) methodologies in marine mammal observation and data recording and proper reporting protocols; and f) an overview of PSO roles and responsibilities. 19) PSOs will work in shifts lasting no longer than 4 hours with at least a 1-hour break from monitoring duties between shifts. PSOs will not perform PSO duties for more than 12 hours in a 24-hour period. 20) PSOs will have the ability to effectively communicate orally, by radio and in person, with project personnel to provide real-time information on listed species. 21) PSOs will have the ability and authority to order appropriate mitigation response, including shutdowns, to avoid takes of all listed species. 22) The PSOs will have the following equipment to address their duties: a) tools which enable them to accurately determine the position of a marine mammal in relationship to the shutdown zone; b) two-way radio communication, or equivalent, with onsite project manager; c) tide tables for the project area; d) watch or chronometer; e) binoculars (7x50 or higher magnification) with built-in rangefinder or reticles (rangefinder may be provided separately); f) a legible copy of this LOC and all appendices; and g) legible and fellable observation record form allowing for required PSO data entry. 23) PSOs will have no other primary duties beyond watching for, acting on, and reporting events related to listed species. Impact Pile driving Please see the Pre -clearance and Shutdovn Zones Section above for required shutdoavn Zones. 24) If no listed species are observed within the impact pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, soft -start procedures will be implemented immediately prior to activities. Soft start requires contractors to provide an initial set of strikes at no more than half the operational power, followed by a 30-second waiting period, then two subsequent reduced power strike sets. A soft start must be implemented at the start of each day's impact pile driving, any time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. 25) Following this soft -start procedure, operational impact pile driving may commence and continue provided listed species remain absent from the shutdown zone. Vibratory Pile Driving 26) If no listed species are observed within the vibratory pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, vibratory pile driving may commence. This pre -pile driving observation period will take place at the start of each day's 81 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 vibratory pile driving, each time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. Placement of Fill 27) Fill material will consist of rock fill that is free of fine sediments to the extent practical, to reduce suspended materials from entering the water column. 28) Fill material will be obtained from local sources when possible, avoiding the need to ship fill through marine mammal habitat, and in all cases will be free of invasive marine and terrestrial vegetation species. Vessel Transit 29) Vessel operators will take reasonable precautions to avoid interaction with listed whales by taking the following actions: a) Vessel operators will maintain a watch for listed marine mammals at all times while underway. b) Vessels will stay at least 91 m (100 yds) away from listed marine mammals, except they will remain 460 m (500 yards) from endangered North Pacific right whales (50 CFR § 224.103(d)). c) Operators will reduce vessel speed to less than 5 knots (9 km/hour) when within 274 m (300 yards) of a whale. d) Unless necessary to reduce the risk of collision, vessel operators will avoid changes in direction and speed when within 274 m (300 yds) of whales. e) Vessel operators will not position vessel(s) in the path of whales, and will not cut in front of whales in a way or at a distance that causes the cetaceans to change their direction of travel or behavior (including breathing/surfacing pattern). f) Operating the vessel(s) to avoid causing a whale to make changes in direction. g) Checking the waters immediately adjacent to the vessel(s) to ensure that no whales will be injured when the propellers are engaged. h) Reducing vessel speed to 10 knots or less when weather conditions reduce visibility to 1.6 km (1 mi) or less. i) If a whale's course and speed are such that it will likely cross in front of a vessel that is underway or approach within 91 m (100 yds) of the vessel and if maritime conditions safely allow, the engine will be put in neutral and the whale will be allowed to pass beyond the vessel, except that vessels will remain 460 m (500 yds) from North Pacific right whales (50 CFR 224.103 (d). j) If the vessel is taken out of gear, vessel crew will ensure that no whales are within 50 m of the vessel when propellers are re-engaged, thus minimizing risk of marine mammal injury. 30) Vessels will take reasonable steps to alert other vessels in the vicinity of whale(s). 31) Vessels will not allow lines to remain in the water, and no trash or other debris will be thrown overboard, thereby reducing the potential for marine mammal entanglement. 32) The transit route for the vessels will avoid designated critical habitat to the extent practicable. Data Collection 33) PSOs will record observations on data forms or into electronic data sheets. 34) PSOs will record the following: a) the date, shift start time, shift stop time, and PSO identifier; b) date and time of each reportable event (e.g., a marine mammal observation, operation shutdown, reason for operation shutdown, change in weather); 82 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) weather parameters (e.g., percent cloud cover, percent glare, visibility) and sea state where the Beaufort Wind Force Scale will be used to determine sea -state (https://www.weather.gov/mfl/beaufort); d) species, numbers, and, if possible, sex and age class of observed marine mammals, along with the date, time, and location of the observation; e) the predominant sound -producing activities occurring during each marine mammal observation; marine mammal behavior patterns observed, including bearing and direction of travel; g) behavioral reactions of marine mammals just prior to or during sound producing activities; h) whether the presence of marine mammals necessitated the implementation of mitigation measures to avoid acoustic impact, and the duration of time that normal operations were affected by the presence of marine mammals; i) geographic coordinates for the observed animals, with the position recorded by using the most precise coordinates practicable (coordinates will be recorded in decimal degrees, or similar standard and defined coordinate system). Unauthorized Take 35) If a listed marine mammal is determined by the PSO to have been disturbed, harassed, harmed, injured, or killed by the project activities (e.g., a listed marine mammal(s) is injured or killed or is observed entering a shutdown zone before operations can be shut down), it will be reported to NMFS within one business day to the contact specified below. These PSO records will include: a) number and species of listed animals affected; b) the date, time, and location of each event (provide geographic coordinates); c) description of the event; d) the time the animals) was first observed or entered the shutdown zone, and, if known, the time the animal was last seen or exited the zone, and the fate of the animal; e) mitigation measures implemented prior to and after the animal was taken; and if a vessel struck a marine mammal, the contact information for the PSO on duty, or the contact information for the individual piloting the vessel if there was no PSO on duty; g) Photographs or video footage of the animal(s) (if available). Stranded, Injured, Sick or Dead Marine Mammal (not associated with the project) 36) If PSOs observe an injured, sick, or dead marine mammal (i.e., stranded marine mammal), they will notify the contact specified below. The PSOs will submit photos and data that will aid NMFS in determining how to respond to the stranded animal. Data submitted to NMFS in response to stranded marine mammals will include date/time, location of stranded marine mammal, species and number of stranded marine mammals, description of the stranded marine mammal's condition, event type (e.g., entanglement, dead, floating), and behavior of live -stranded marine mammals. Illegal Activities 37) If PSOs observe marine mammals being disturbed, harassed, harmed, injured, or killed (e.g., feeding or unauthorized harassment), these activities will be reported to the contact specified below. 38) Data submitted to NMFS will include date/time, location, description of the event, and any photos or videos taken. 83 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Final Report 39) A final report will be submitted to NMFS within 90 calendar days of the completion of the project summarizing the data recorded and submitted to the contact specified below. The report will summarize all in -water activities associated with the proposed action, and results of PSO monitoring conducted during the in -water project activities. 40) The final report will include: a) summaries of monitoring efforts including total hours, and marine mammal distribution through the study period, accounting for sea state and other factors that affect visibility and detectability of marine mammals; b) analyses on the effects from various factors that may have influenced detectability of marine mammals (e.g., sea state, number of observers, fog, glare, and other factors as determined by the PSOs); c) species composition, occurrence, and distribution of marine mammal observations, including date, water depth, numbers, age/size/gender categories (if determinable), group sizes, and ice cover; d) number of marine mammals observed (by species) during periods with and without project activities (and other variables that could affect detectability); e) initial, closest, and last marine mammal observation distances versus project activity at time of observation; 0 observed marine mammal behaviors and movement types versus project activity at time of observation; g) numbers of marine mammal observations/individuals seen versus project activity at time of observation h) distribution of marine mammals around the action area versus project activity at time of observation. i) digital, queryable documents containing PSO observations and records and digital, queryable reports. Summary of Agency Contact Information For all mitigation measures, NMFS will be contacted using the contact information specified in Table 1. In all cases, notification will reference the NMFS consultation tracking number (e.g., AKRO-2021- 00849) Table 1. Summary of agency contact information Reason for Contact Contact Information Consultation Questions & Unauthorized Greg Balogh: greg.balogh@noaa.gov & Take Ann Erickson (ann.erickson@noaa.gov) Monthly and Final Reports &Data AKR.section7@noaa.gov Submittal (please include AKRO-2021-00849 in subject line) Stranded, Injured, or Dead Marine Mammal Stranding Hotline (24/7 coverage) 877-925-7773 (not related to project activities) 9 84 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Reason for Contact Contact Information U.S. Coast Guard National Response Center: Oil Spill & Hazardous Materials Response 1-800-424-8802 & AKRNMFSSpillResponse@noaa.gov Illegal Activities NMFS Office of Law Enforcement (AK (not related to project activities; e.g., Hotline): feeding, unauthorized harassment, or 1-800-853-1964 disturbance to marine mammals) In the event that this contact information NMFS Anchorage Main Office: 907-271-5006 becomes obsolete Or NMFS Juneau Main Office: 907-586-7236 6. ESA Effects Determination Potential effects to listed species include acoustic impacts from pile -driving, potential interference from vessel traffic during construction, and direct contact during in -water work. Acoustic Impacts The proposed project would involve underwater sound from pile -driving. The effects to Steller sea lions from pile -driving noise are anticipated to be insignificant due to the implementation of proposed mitigation measures. Protected species observers will monitor the potential impact zone to shut down pile -driving activities to prevent harassment or take should Steller sea lions or other protected species approach the zone. Vessel Traffic Project operations will be conducted in an area with frequent vessel traffic, so species in the area will most likely be habituated. Vessel traffic supporting in -water work is expected to be contained to the harbor and will be slow -moving, so the likelihood of vessel strike will be lower as a result than from faster -moving offshore traffic. The likelihood of effects to endangered species due to project vessel traffic are insignificant due to the low level of the activity and with the proposed mitigation. No additional area vessel traffic is anticipated as a result of this project. In -water Work In -water work, including demolition and panel placement, poses the risk of contact injury to marine mammals that are in close proximity to project activities. This risk will be mitigated by the observation of a shut -down radius during any in -water work if a protected species approaches within 10 meters. For non -pile -driving work, this shutdown authority will be performed by construction crew personnel as the area of observation is very small. Before in -water work transitions to pile -driving, however, a designated observer will be onsite. The likelihood of effects to endangered species due to injury from physical contact during in -water work are insignificant due to the proposed mitigation. Critical Habitat The nearest critical habitat for listed species is more than 25 kilometers from the project site and is therefore out of range of any effects from project activities. Therefore, no further analysis is provided. 10 85 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Prey Species No long-term effects to fish species or their habitat are anticipated as a result of this project. Temporary disturbances to under -dock habitat and brief turbidity impacts may occur but are not expected to persist or to reduce the availability of prey species. 7. Essential Fish Habitat Description The waters of Resurrection Bay are designated as EFH under the Fishery Management Plans (FMPs) for Groundfish of the Gulf of Alaska (2017) and for the Salmon Fisheries in the Exclusive Economic Zone Off Alaska (2018). Shoreline habitats adjacent to the harbor are characterized as protected/partially mobile/sediment or rock and sediment with no known eel grass (ShoreZone, 2021). Scheffler Creek enters the bay near the entrance to the harbor. The creek is listed as an anadromous stream by ADF&G (213-30-10070) and is known to bear coho, pink, and sockeye salmon. Seward Lagoon is stocked annually with king salmon (Oncorhynchus tshas�ytscha) and silver salmon (Oncorhynchus kisutch) (Blain pers. com., 2019). Fish species found in the project area include all salmon species included in the Salmon FMP. In similar habitats in Resurrection Bay, fish sampling collected a variety of species included in the Groundfish FMP. Species caught in a gravelly sand shoreline area on the east side of Resurrection Bay (Site B01) are summarized below in Table 1. Table 2. Eastern Resurrection Bay fish counts and FMP species status Fish Count GOA Groundfish FMP Site B01 Species Ecosystem (sand -gravel) Component 2009 Pacific herring Prohibited Species (Clupea pallasii) Pacific sand lance Forage Fish %6 (Ammodytes hexapterus) Buffalo sculpin In Fishery 3 (Enophrys bison) Sand sole In Fishery 2 (Psettichthys melanostictus) Frog sculpin In Fishery 1 (Myoxocephalus stelleri) Speckled sanddab In Fishery 1 (Citharichthys stigmaeus) Prowfish In Fishery 1 (Zaprora silenus) Starry flounder In Fishery 1 (Platichthys stellatus) juvenile flatfish In Fishery 8 juvenile sculpin In Fishery 5 fish larvae 28 11 86 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 8. EFH Effects Determination Noise and increases in turbidity from construction will be contained within the harbor and are unlikely to impact fish rearing habitat outside the harbor. Both impacts are very short in duration, only affecting fish in the immediate vicinity of the project at the time of construction. Following project completion, under -dock habitat within the harbor will be similar to the existing infrastructure and no long-term effects to water quality or loss of habitat are expected to result from the project. 9. Conclusion Based on the analysis that all effects of the proposed action will be insignificant and/or discountable, we have determined that the proposed action is not likely to adversely affect any listed species or critical habitat under NMFS's jurisdiction. We have used the best scientific and commercial data available to complete this analysis. The City of Seward has made the following ESA determinations: • Humpback whales • Humpback whale proposed Critical Habitat • WDPS Steller sea lions • WDPS Steller sea lion Critical Habitat • Fin whales • North Pacific right whales • Sperm whales No Effect No Effect May Affect, Not Likely to Adversely Affect No Effect No Effect No Effect No Effect 87 12 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 10. Literature Cited ADF&G. (2007). Seward Area. Kenai Peninsula Recreational Fishing Series. Southcentral Region. Alaska Department of Fish and Game. Division of Sport Fish. https://www.adfg.alaska.gov/static- s f/ Regio n2 / p d fp ub s/ s ewar d. p d f ADF&G. (2019a). Fin Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 17, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg=specialstatus. fedhabitat&species=fmwhale ADF&G. (2019b). Sperm Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 19, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg= specialstatus. fedhabitat&species= spermwhale Blain, B. (2019). Personal communication with Brittany Blain, Assistant Area Management Biologist at ADF&G. Via telephone on 5/23/19. Fritz, Lowell; Sweeney, Kathryn; Towell, Rod; Gelatt, Tom. (2015). Steller sea lion haulout and rookery locations in the United States for 2016-05-14 (NCEI Accession 0129877). [indicate subset used]. NOAA National Centers for Environmental Information. Dataset. Retrieved April 11, 2019 from https://dol.org/10.7289/v58c9t7v Hamilton Construction. (2019). Protected Species Observer 90-Day Report. Seward South Harbor Launch Ramp Renovation Project. July 17, 2019. M.M. Muto, V. T. Helker, R. P. Angliss, B. A. Allen, P. L. Boveng, J. M. Breiwick, M. F. Cameron, P. J. Clapham, S. P. Dahle, M. E. Dahlheim, B. S. Fadely, M. C. Ferguson, L. W. Fritz, R. C. Hobbs, Y. V. Ivashchenko, A. S. Kennedy, J. M. London, S. A. Mizroch, R. R. Ream, E. L. Richmond, K. E. W. Shelden, R. G. Towell, P. R. Wade, J. M. Waite, and A. N. Zerbini. (2018). Alaska marine mammal stock assessments, 2017. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-AFSC-378, 382 p. NMFS (2013). Final recovery plan for the North Pacific right whale (Eubalaena japonica). Retrieved April 17, 2019, from Noaa.govwebsite: https://repository.library.noaa.gov/view/noaa/15978 NMFS Alaska Region. (2016). Occurrence of Endangered Species Act (ESA) Listed Humpback Whales off Alaska. https://alaskafisheries.noaa.gov/sites/default/files/humpback—guidance.pdf NOAA Fisheries. (2019a). Fin Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/fm-whale NOAA Fisheries. (2019b). Humpback Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/humpback-whale#overview NOAA Fisheries. (2019c). Species Distribution Mapper. Alaska Protected Resources Division. https://alaskafishenes.noaa.gov/portal/apps/webappviewer/. Accessed 4/16/19. NOAA Fisheries. (2019d). Nearshore Fish Atlas of Alaska. Web -based Atlas. NOAA Fisheries Auke Bay Laboratories and NOAA Alaska Regional Office. https://alaskafishenes.noaa.gov/habitat/fishatlas. Accessed 5/21/2019. North Pacific Fishery Management Council (NPFMC). (2017a). Fishery Management Plan for Groundfish of the Gulf of Alaska. Anchorage, Alaska. https://www.npfmc.org/wp-content/ PDFdocuments /fmp/GOA/GOAfmp.pdf North Pacific Fishery Management Council (NPFMC). (2017b). Stock Assessment and Fishery Evaluation Report for the Groundfish Resources of the Gulf of Alaska. Anchorage, Alaska. https://www.afsc.noaa.gov/REFM/Stocks/assessments.htm ShoreZone. (2021). Alaska ShoreZone web -mapping system. http://www.shorezone.org/. Habitat Class Layer. Accessed 3/21/2021. 13 88 T of d��x o � STATES Of Regulatory Division POA-1994-00426 Section 408 Request DEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION P.O. BOX 6898 JBER, AK 99506-0898 October 21, 2021 ID- 408-POA-2021-0002 City of Seward Attention: Ms. Janette Bower City Manager Post Office Box 167 Seward, Alaska 99664 Dear Ms. Bower, The Alaska District of the U.S. Army Corps of Engineers (USACE) Regulatory Program and Section 408 Program has completed its review of your request to occupy/use the Federal Maneuvering Channel in Seward Harbor as part of the Northeast Harbor boat launch ramp renovation. Enclosed are copies of Department of the Army Nationwide permit verification along with a Section 408 permission decision. The enclosures include contact information for any questions. Enclosures Section 408 permission decision Nationwide Permit Authorization Sincerely, David S. Hobbie Chief, Regional Regulatory Division 89 W� ire ♦G�fTfd _.. _, ��4,Ggs STATZS DF DEPARTMENT OF THE ARMY ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION 44669 STERLING HIGHWAY, SUITE B SOLDOTNA, AK 99669-7915 October 18, 2021 Regulatory Division POA-1994-00426 City of Seward Attention: Ms. Janette Bower City Manager Post Office Box 167 Seward, Alaska 99664 Dear Ms. Bower: This is in response to your February 26, 2021, application for a Department of the Army (DA) permit, to 1.) excavate 1,400 cubic yards of material below high tide line (HTL; EL=13.8 feet) of Resurrection Bay, a navigable water of the United States; 2.) discharge 1,520 cubic yards of fill material (to include underlayer rock, riprap, concrete blocks, and timber) into 0.45 acres below HTL to update/extend the existing boat ramp; 3.) install a gangway (6-foot by 100-foot) and trestle (10-foot by 30-foot) over, and below, the mean high water mark (MHW; EL=9.7 feet); 4.) install/relocate floats (3,580 square feet boarding floats and 840 square feet of fish cleaning float); and, 5.) remove 14 piles and install up to 20 steel piles (to include ten, 12.75-inch diameter; four, 16-inch diameter; and six, 18-inch diameter) over, and below, the MHW for the purpose of renovating the City of Seward Northeast Harbor Boat Launch Ramp by replacing the existing boat launch ramp with a new 4-lane, 2-float configuration. It has been assigned file number POA-1994-00426, Resurrection Bay, which should be referred to in all future correspondence with this office. The project site is located within Section 3, T. 1 S., R. 1 W., Seward Meridian; USGS Quad Map Seward A-7; Latitude 60.120221 N., Longitude 149.43291 W.; Kenai Peninsula Borough; Northeast Harbor Boat Launch at the end of Z Float Road, in Seward, Alaska. DA authorization is necessary because your project will involve work in and/or placement of structures and/or dredged and/or fill material into waters of the U.S. under our regulatory jurisdiction. 0111 -2- Based upon the information and plans you provided, we hereby verify that the work described above, which would be performed in accordance with the enclosed plan (sheets 1-5), dated January 26, 2021, is authorized by Nationwide Permit (NWP) No. 3, Maintenance. Enclosed is a copy of the NWP No. 3, as well as the Regional and General Conditions. These documents are also available on our website at: www.poa.usace.army.mil/Missions/Regulatory/Permits. You must comply with all terms and conditions associated with NWP No. 3, Maintenance as well as with the special condition listed below: 1. The permittee shall comply with the Federal Endangered Species Act, you must implement all of the mitigating measures identified in the enclosed National Marine Fisheries Service letter of concurrence #AKRO-2021-00849, dated September 16, 2021, including those ascribed to the Corps therein. If you are unable to implement any of these measures, you must immediately notify the Corps, the U.S. Fish and Wildlife Office, and the National Marine Fisheries Service so we may consult as appropriate, prior to initiating the work, in accordance with Federal law. Further, please note General Condition 30 requires that you submit a signed certification to us once any work and required mitigation are completed. Enclosed is the form for you to complete and return to our office. Unless this NWP is modified or revoked, it expires on March 18, 2022. If you commence or are under contract to commence this activity before the date that the 2017 NWPs are modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWPs to complete the activity under the present terms and conditions of these nationwide permits. It is incumbent upon you to remain informed of the changes to the NWPs. Nothing in this letter excuses you from compliance with other Federal, State, or local statutes, ordinances, or regulations. Please contact me via email at Benjamin. N.Soiseth@usace.army.mil, by mail at the address above, or by phone at (907) 753-2670, if you have questions or to request paper copies of the regional and/or general conditions. For more information about the Regulatory Program, please visit our website at www.poa.usace.army.mil/Missions/Regulatory. Enclosures Sincerely, nj min Soiseth Chi f, Southeast Section 011 US Army Corps of Engineers Alaska District Permit Number: Name of Permittee Date of Issuance ENCLOSURE POA-1994-00426 City of Seward October 18, 2021 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to Benjamin Soiseth at Benjamin. N.Soiseth@usace.army.mil, or the following address: U.S. Army Corps of Engineers Alaska District Regulatory Division 44669 Sterling Highway, Suite B Soldotna, Alaska 99669-7915 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above -referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date oil woo mom PROPOSED ACTIVITY: TO REPLACE EXISTING FLOATS, PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH CLEANING ACCESS DATUM: MLLW 0' SEC. 3 T.1 S R1 W SEW. LAT.- 60.15247 LONG:—149.5786 POR1 pVE 0 0 LL N VICINITY MAP CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 Palmer O r ~ Ptaska Guff of TIDAL LEVELS HIGH TIDE LINE (HTL) +13.8 FT MEAN HIGHER WATER (MHW) MEAN LOWER LOW WATER (MLLW) +0.0 FT CITY OF SEWARD NORTHEAST HARBOR LAUNCH RAMP RENOVATION IPOA-1994-00426 IN: RESURRECTION BAY BY: CITY OF SEWARD, AK JAN 26, 2021 SHEET 1 of 5 PARCEL 14524016 _ �I 0 30 60 90 120 FT PARCEL 14524020 - EXISTING OUTFALL USACE DREDGE LIMITS 0 0 PARCEL y 14524021 48't , `.� �_,I RAMP LANES APPROACH EXISTING TIMBER TRESTLE EXISTING FISH CLEANING i ( (TO REMAIN) 2 - -- FLOAT (TO BE RELOCATED)�.`\ -- REMOVE EXISTING NORTH FLOAT REMOVE CONCRETE (164't) w/ ANCHOR PILES ) / APPROACH REMOVE MIDDLE & SOUTH FLOATS i i i II� (185't) w/ ANCHOR PILES -------' PARCEL 14524019 i REMOVE CONCRETE PLANK`\. �` \�`. \ `.�\ REMOVE CONCRETE ' " ABUTMENT, TYP (3) RAMP AND FOUNDATION El El PROPERTY BOUNDARY, TYR S W1968-55 ii l i i i PARCEL i 14524022 i - PROPOSED ACTIVITY: CITY OF SEWARD TO REPLACE EXISTING FLOATS, EXISTING SITE PLAN NORTHEAST HARBOR LAUNCH PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH RAMP RENOVATION CLEANING ACCESS CITY OF SEWARD DATUM: MLLW 0' PO BOX 167 IPOA-1994-00426 SEC. 3 T.1 S R1 W SEW. SEWARD, AK 99664 IN: RESURRECTION BAY LAT: 60.15247 BY: CITY OF SEWARD, AK LONG:—149.5786 JAN 26, 2021 SHEET 2 of 5 wz mo z Q w y z r w ix a N V C = d K M < EL O o Z U � U Z � ai .� � NJ O N= 0-zcn I _ o ©pq z 'I z OIN HTL= 13.8' MHW= 9.7' MLLW= 0.0' BOTTOM OF PLANKS= -8.0't BOTTOM OF RAMP=-16.0't HTL= 13.8' L MHW= 9.7' n 206'± ELEV=18.1't N5 N4 N3 N2 N1 S5 S4 S3 S2 S1 CONCRETE ABUTMENT (5% MAX) CIP APRON `(VERTICAL CURVE) ELEV= +18.4't EXISTING GRADE �u u UNDERLYING ROCK FILL, TYP LAUNCH RAMP SECTION A -A 1 H:2V 8.3' t TIMBER/STEEL ✓���' UNDERLAYER SLEEPERS, TYP ROCK L Li LAUNCH RAMP SECTION B-B NTS 2' RIPRAP \PRON, TYP RIPRAP EXISTING SHOULDER GRADE PROPOSED ACTIVITY: CITY OF SEWARD TO REPLACE EXISTING FLOATS, LAUNCH RAMP NORTHEAST HARBOR LAUNCH PILES, PLANKS, APRON, SECTIONS REVETMENT, AND PROVIDE FISH RAMP RENOVATION CLEANING ACCESS CITY OF SEWARD DATUM: MLLW 0' PO BOX 167 IPOA-1994-00426 SEC. 3 T.1 S R1 W SEW. SEWARD, AK 99664 IN: RESURRECTION BAY LAT: 60.15247 BY: CITY OF SEWARD, AK LONG:—149.5786 JAN 26, 2021 SHEET 4 of 5 PND CAD File: J:\2020\201160 Seward Harbor North Launch Ramp\Drawings\Permitting\04_05 Sections.dwg, Jan 26 A21, REVO 10.0' LANDING FLOAT D 38.5' RELOCATED NEW 30' EXISTING HTL= 13.8' FISHING FLOAT NEW 100' COVERED GANGWAY TRESTLE PIER 7-1 MHW= 9.7' MLLW= 0.0' EXISTING GRADE 16"0 ANCHOR PILE, TYP D FISH CLEANING FLOAT ACCESS SECTION C-C NTS TOP OF TRESTLE HTL= 13.8' MHW= 9.7' TIMBER TRESTLE STEEL PILE CAP 18"0 STEEL PIPE PILE, TYP EXISTING SEA BED All MLLW= 0.0' � / ��x/� TYPICAL TRESTLE SECTION SECTION D-D NTS PROPOSED ACTIVITY: TO REPLACE EXISTING FLOATS, PILES, PLANKS, APRON, REVETMENT, AND PROVIDE FISH CLEANING ACCESS DATUM: MLLW 0' SEC. 3 T.1 S R1 W SEW. LAT: 60.15247 LONG:—149.5786 FISH CLEANING FLOAT SECTION CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 CITY OF SEWARD NORTHEAST HARBOR LAUNCH RAMP RENOVATION IPOA-1994-00426 IN: RESURRECTION BAY BY: CITY OF SEWARD, AK JAN 26, 2021 SHEET 5 of 5 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service P.O. Box 27668 Juneau, Alaska 99802-1666 September 16, 2021 Colonel Damon Delarosa US Army Corps of Engineers, Alaska District Regulatory Division PO Box 6898 JBER, Alaska 99506-0898 Re: Seward Northeast Harbor Launch Ramp Renovation, #AKRO-2021-00849 Dear Colonel Delarosa: This letter responds to your request for concurrence from the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act (ESA) for the proposal to replace the existing Northeast Harbor boat launch ramp with a new 4-lane, 2-float configuration in Seward, Alaska. NMFS received an initial request for an informal consultation from the US Army Corps of Engineers (USACE) on April 14, 2021, and requested clarification on project details, as well as provided the USACE with standard mitigation measures on April 30, 2021. hi response, the USACE submitted a revised request on September 10, 2021. Your request qualified for our expedited review and concurrence because it met our screening criteria and contained all required information on your proposed action, mitigation measures, and its potential effects to listed species and designated critical habitat. Expedited consultation for this proposed action commenced on August 10, 2021. We reviewed your consultation request document and related materials. Based on our knowledge, expertise, and the materials you provided, we concur with your conclusions that the proposed action is not likely to adversely affect endangered Western Distinct Population Segment (DPS) Steller sea lions (Eumetopias jubatus). A complete administrative record of this consultation is on file at the Anchorage NMFS office. Reinitiation of ESA consultation is required where discretionary federal involvement or control over the action has been retained or is authorized by law and if (1) take of listed species occurs, (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (3) the action is subsequently modified in L ALASKA REGION - http:f/alaskafisherics.noaa.gov . 98 a manner that causes an effect to the listed species or critical habitat that was not considered in this concurrence letter, or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). Please direct any questions regarding this letter to Kathleen Leonard at Kathleen.Leonardgnoaa. _ og_v or (907) 271-5006. Sincerely, (-:Jonathan M. Kurland Assistant Regional Administrator for Protected Resources cc: Ben Soiseth Benjamin.N.Soiseth2usace.army.mil Brenna Hughes BHu _ghesgpndengineers.com 2 99 Biological Assessment and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation Rev. 1 Prepared for: National Marine Fisheries Service Alaska Region PO Box 21668 Juneau, AK 99802 On Behalf of - City of Seward P.O. Box 167 Seward, AK 99664 Prepared by: PND Engineers 1506 West 36t' Ave. Anchorage, AK 99503 August 2021 F.N6iNF..F,RS, 1N(:. WIN Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 1. Introduction The proposed City of Seward Northeast Harbor Boat Launch Ramp Renovation consists of replacing the existing boat launch ramp with a new 4-lane, 2-float configuration that will maintain the existing number of lanes and operability, but decrease the total length and surface area of floats. The City seeks to replace the aging launch ramp to improve its level of service and ensure continued safe public access to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The launch ramp is a major access point for a multitude of users to Resurrection Bay, Prince William Sound, and the Gulf of Alaska. The 4-lane ramp provides for diverse uses including launching and retrieval of trailerable recreational vessels, transfer of materials and supplies, and emergency vessel access. The existing ramp is approximately 25 years old and has surpassed its design life. The existing ramp is deteriorating and in need of replacement to avoid creating hazardous conditions for users. Additionally, the ramp's length is insufficient and users frequently back trailers off the end in attempts to reach deeper water. Replacement of the existing ramp will allow for continued safe use while meeting current criteria set by the Americans with Disabilities Act (ADA) and the State Organization for Boating Association (SOBA). The existing fish cleaning float will be relocated to the north, with access provided by a new trestle and gangway. The existing launch ramp also provides access to a fish cleaning float via one of its three boarding floats. The combined fish cleaning and boat launch operations are inefficient and create potential for user conflict. Separating the fish cleaning and boat launch operations will increase the safety and efficiency of both activities. This report uses the best -available scientific data to assesses the potential for the project to impact to species and habitat protected by the Endangered Species Act (ESA) and Essential Fish Habitat (EFH). We have determined that the proposed activity will have no effect on humpback whales, fin whales, North Pacific right whales, and sperm whales and may affect, but is not likely to adversely affect, Western Distinct Population Segment (WDPS) Steller sea lions. No effect to critical habitat for WDPS Steller sea lions or proposed humpback whale critical habitat is anticipated. Effects to EFH are expected to be of limited duration with no lasting impacts to habitat or water quality. Our supporting analysis is provided below. We request your written concurrence if you agree with our determinations. 2. Proposed Action This proposed project will replace and reconfigure the existing Seward Northeast Harbor Launch Ramp. Work is expected to occur between the fall of 2021 and spring of 2022 and will require 4 — 6 months overall. Project elements include the demolition of the existing launch floats, piles, approach apron, ramp planks, and riprap revetment; excavation; fill installation; launch ramp sleeper and panel installation; and creosote -treated float pile installation using vibratory and impact driving methods. Pile driving and removal will initially be completed using a vibratory hammer. Vibratory driving is expected to last approximately 10 minutes per pile, spread over a one -to -two -week period. Trestle and gangway pile installation will be completed with approximately 5 minutes of impact pile driving, likely occurring within a single day. Total duration of pile driving is therefore estimated at less than 6 hours spread over one or two weeks. Additional details regarding construction methods and quantities, best management practices, and mitigation are provided in the attached project description and drawings. Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 3. Action Area Figure 1 — Area of iVact The action area is defined in the ESA regulations (50 CFR 402.02) as the area within which all direct and indirect effects of the project will occur. For this project, the action area is the Seward Harbor. The harbor area is separated from the waters of Resurrection Bay by the enclosing harbor breakwaters. The existing breakwaters would prevent the transmission of noise beyond the harbor, therefore effects of the project beyond the harbor are not anticipated; see Figure 1. The harbor is an area busy with vessel activities and related harbor industry. Construction activities will temporarily increase vessel activity in the vicinity of the ramp through the use of several work skiffs and construction barge. Vessel activities will be conducted according to established guidelines for the avoidance of ship strike injury to protected species. Operation and usage levels of the improved boat ramp are expected to continue at the current level following the completion of this project. Because pile driving, excavation, and fill placement duration is limited and because of the projection of the surrounding harbor breakwaters, underwater sound impacts are anticipated to be minimal. Only pile -driving and pile removal are likely to produce sound levels above the background noise of the harbor. For pile -driving and pile removal, the entire Seward Harbor will be the shutdown zone; for all other construction activities, a 10-m radius will be the shutdown zone. Materials will be sourced onsite or from previously established quarries and will be free of contaminants or excess fines. Materials will be placed within or immediately adjacent to the existing ramp footprint. Impacts to water quality are anticipated to be minimal and of very short duration. 2 Illy: Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Impacts anticipated as a result of this project are limited to the Seward Harbor. No impacts to critical habitat areas are anticipated as a result of this project. 4. Listed Species and Critical Habitat Within the project vicinity, Steller sea lions (Eumetopias jubatus), humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera physalus), North Pacific right whales (Eubalaena japonica), and sperm whales (Physeter macrocephalus) occur. Fin whales, north Pacific right whales, and sperm whales are typically found in deep offshore waters outside of Resurrection Bay and are highly unlikely to be found within range of any of the potential effects of this project. Humpback whales are present within Resurrection Bay, but not within the harbor or surrounding shallow waters. Humpback whales, fin whales, North Pacific right whales, and sperm whales are not anticipated within the action area and so will not be discussed further. Critical habitat does not exist within the action area. Steller Sea Lions The proposed project is within the range of Western Distinct Population Segment (WDPS) Steller sea Eons (west of Cape Suckling) (NOAA Fisheries, 2019). The nearest known rookery is over 50 kilometers from the project site at the Chiswell Islands (Fritz et al., 2015). Although sea lions congregate at rookeries in the breeding season (late May — early July), they disperse widely throughout their range outside of that period, seeking prey resources (Muto et al., 2017). Two known Steller sea Eon haul outs (at Rugged Island and Cape Resurrection) are approximately 28 kilometers (15 nautical miles) from the project site; however, these haul outs are not listed as Critical Habitat (Fritz et al., 2015; NOAA Fisheries, 2019c). During construction of the Seward South Harbor Launch Ramp Project, an estimated 9 Steller sea Eons were observed within the harbor over a period comparable to the proposed project. Twice, sea Eons were observed during pre -work observation periods and start-up was delayed until the animals were not observed for 15 minutes. No other observations of sea lions were made during pre -work observations or in -water construction (Hamilton Construction, 2019). It is anticipated that WDPS Steller sea lions would be present in this region during the proposed project's construction because it is outside of the breeding season. The proposed project is not located within critical habitat for WDPS Steller sea lions. 5. Mitigation Measures The project cannot avoid impacts to waters of the US, as it involves reconstruction of existing in - water structures. The fill footprint has been minimized by maintaining, as much as possible, the original impact footprint. Proposed BMPs: • Fill placed below the high tide line (HTL) will be clean fill with relatively few fines to reduce impacts to turbidity and/or sedimentation. • Fuels, lubricants, and other hazardous substances will not be stored below HTL. • Maintenance actions will be performed by shore -based equipment or from an offshore barge. As much as possible, land equipment will operate from above MHW. • Vessel operators will operate in accordance with 81 FR 62018, Alaska Humpback Whale Approach Regulations • Fish -cleaning stations in the harbor will be closed during pile -driving periods to avoid attracting Steller sea lions. 103 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 • The City will implement waste management procedures for crew members to prevent the generation of attractants or hazards for protected species. • In -water pile -driving operations will be monitored by a designated protected species observer as described below. • All other in -water work will be suspended by construction personnel if a protected species enters the 10-meter shutdown radius. Pile -Driving Monitoring: To minimize the risk of harm to listed marine species from pile driving, the City agrees to implement the following mitigation measures: 1) NMFS will be informed of impending in -water activities a minimum of one week prior to the onset of those activities. 2) If construction activities will occur outside of the time window specified in the Letter of Concurrence (LOC), the Applicant will notify NMFS of the situation at least 60 days prior to the end of the specified time window to allow for reinitiation of consultation. 3) Toxic or hazardous material specifications, inventories, separation, confinement, and handling will be determined, documented, and communicated to appropriate personnel. Protected Species Observer (PSO) duties The folloving pre -clearance and shutdovn Zone measures are the same for all in-ivater activities. Additional mitigation measures specific to each activity are listed in subsections belov. 4) One or more PSOs will be performing PSO duties onsite throughout pile removal, pile installation, and in -water construction. 5) For this project, PSOs will monitor all marine waters within two shutdown zones: a) all marine waters within the Small Boat Harbor for pile driving and pile removal activities and b) a 10-m radius of all other in -water construction activities. 6) PSOs will be positioned such that they will collectively be able to monitor the entirety of each activity's shutdown zone, along with adjacent waters. For pile driving and pile removal activities, a PSO will be positioned at the mouth of the Harbor to identify any protected species approaching the shutdown zone. Other PSO positions will be coordinated with NMFS prior to PSO deployment. 7) Prior to commencing pile removal, pile installation, and in -water construction, PSOs will scan waters within the shutdown zones listed above and confirm no listed species are within the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to initiation of the in -water activity. If one or more listed species are observed within the shutdown zone, the in -water activity will not begin until the listed specie(s) exit the shutdown zone of their own accord, or the shutdown zone has remained clear of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 8) The on -duty PSOs will continuously monitor the shutdown zone and adjacent waters during pile removal, pile installation, and in -water construction operations for the presence of listed species. 9) In -water activities will take place only: a) between civil dawn and civil dusk when PSOs can effectively monitor for the presence of marine mammals; b) during conditions with a Beaufort Sea State of 4 or less within the observation zone; 4 104 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) when the entire shutdown zone and adjacent waters are visible (e.g., monitoring effectiveness is not reduced due to rain, fog, snow, volcanic ash). 10) If visibility degrades to where the PSO cannot ensure that the shutdown zone remains devoid of listed species during pile removal, pile installation, and in -water construction, the crew will cease in -water work until the entire shutdown zone is visible and the PSO has indicated that the zone has remained devoid of listed species for 15 min (for pinnipeds) or 30 min (for cetaceans). 11) The PSO will order the pile removal, pile installation, and in -water construction activities to immediately cease if one or more listed species has entered, or appears likely to enter, the associated shutdown zone. 12) If pile removal, pile installation, and in -water construction activities are shut down for less than 30 minutes due to the presence of listed -species in the shutdown zone, pile removal, pile installation, and in -water construction may commence when the PSO provides assurance that listed species were observed exiting the shutdown zone. Otherwise, the activities may only commence after the PSO provides assurance that listed species have not been seen in the shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans). 13) Following a lapse of pile removal, pile installation, and in -water construction activities of more than 30 minutes, the PSO will authorize resumption of activities (using soft -start procedures for impact pile driving activities) only after the PSO provides assurance that listed species have not been present in the shutdown zone for at least 15 min (for pinnipeds) or 30 min (for cetaceans immediately prior to resumption of operations. 14) If a listed species is observed within a shutdown zone or is otherwise harassed, harmed, injured, or disturbed, PSOs will immediately report that occurrence to NMFS using the contact information specified in Table 1. 15) Prior to commencing in -water work or at changes in watch, PSOs will establish a point of contact with the construction crew. The PSO will brief the point of contact as to the shutdown procedures if listed species are observed likely to enter or within the shutdown zone, and will request that the point of contact instruct the crew to notify the PSO when a marine mammal is observed. If the point of contact goes "off shift" and delegates his duties, the PSO must be informed and brief the new point of contact. Protected Species Observer Requirements 16) Protected Species Observers (PSOs) will be approved by NMFS prior to deployment. PSO resumes will be provided to the NMFS consultation biologist for approval at least one week prior to in -water work. The agency will provide a brief explanation in instances where an individual is not approved. 17) PSOs will: a) have vision correctable to 20-20; b) have the ability to effectively communicate orally, by radio and in person, with project personnel; c) have prior experience collecting field observations and recording field data accurately and in accordance with project protocols; d) be able to identify Alaskan marine mammals to species; e) be able to record marine mammal behavior; and have technical writing skills sufficient to create understandable reports of observations or to communicate observation details to report author. 5 `111.7 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 18) PSOs will complete PSO training prior to deployment. The training will include: a) field identification of marine mammals and marine mammal behavior; b) ESA and MMPA regulations as they pertain to the project; c) mitigation measures outlined in the LOC; d) proper equipment use; e) methodologies in marine mammal observation and data recording and proper reporting protocols; and f) an overview of PSO roles and responsibilities. 19) PSOs will work in shifts lasting no longer than 4 hours with at least a 1-hour break from monitoring duties between shifts. PSOs will not perform PSO duties for more than 12 hours in a 24-hour period. 20) PSOs will have the ability to effectively communicate orally, by radio and in person, with project personnel to provide real-time information on listed species. 21) PSOs will have the ability and authority to order appropriate mitigation response, including shutdowns, to avoid takes of all listed species. 22) The PSOs will have the following equipment to address their duties: a) tools which enable them to accurately determine the position of a marine mammal in relationship to the shutdown zone; b) two-way radio communication, or equivalent, with onsite project manager; c) tide tables for the project area; d) watch or chronometer; e) binoculars (7x50 or higher magnification) with built-in rangefinder or reticles (rangefinder may be provided separately); f) a legible copy of this LOC and all appendices; and g) legible and fellable observation record form allowing for required PSO data entry. 23) PSOs will have no other primary duties beyond watching for, acting on, and reporting events related to listed species. Impact Pile driving Please see the Pre -clearance and Shutdovn Zones Section above for required shutdoavn Zones. 24) If no listed species are observed within the impact pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, soft -start procedures will be implemented immediately prior to activities. Soft start requires contractors to provide an initial set of strikes at no more than half the operational power, followed by a 30-second waiting period, then two subsequent reduced power strike sets. A soft start must be implemented at the start of each day's impact pile driving, any time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. 25) Following this soft -start procedure, operational impact pile driving may commence and continue provided listed species remain absent from the shutdown zone. Vibratory Pile Driving 26) If no listed species are observed within the vibratory pile driving shutdown zone for 15 min (for pinnipeds) or 30 min (for cetaceans) immediately prior to pile driving, vibratory pile driving may commence. This pre -pile driving observation period will take place at the start of each day's Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 vibratory pile driving, each time pile driving has been shut down or delayed due the presence of a listed species, and following cessation of pile driving for a period of 30 minutes or longer. Placement of Fill 27) Fill material will consist of rock fill that is free of fine sediments to the extent practical, to reduce suspended materials from entering the water column. 28) Fill material will be obtained from local sources when possible, avoiding the need to ship fill through marine mammal habitat, and in all cases will be free of invasive marine and terrestrial vegetation species. Vessel Transit 29) Vessel operators will take reasonable precautions to avoid interaction with listed whales by taking the following actions: a) Vessel operators will maintain a watch for listed marine mammals at all times while underway. b) Vessels will stay at least 91 m (100 yds) away from listed marine mammals, except they will remain 460 m (500 yards) from endangered North Pacific right whales (50 CFR § 224.103(d)). c) Operators will reduce vessel speed to less than 5 knots (9 km/hour) when within 274 m (300 yards) of a whale. d) Unless necessary to reduce the risk of collision, vessel operators will avoid changes in direction and speed when within 274 m (300 yds) of whales. e) Vessel operators will not position vessel(s) in the path of whales, and will not cut in front of whales in a way or at a distance that causes the cetaceans to change their direction of travel or behavior (including breathing/surfacing pattern). f) Operating the vessel(s) to avoid causing a whale to make changes in direction. g) Checking the waters immediately adjacent to the vessel(s) to ensure that no whales will be injured when the propellers are engaged. h) Reducing vessel speed to 10 knots or less when weather conditions reduce visibility to 1.6 km (1 mi) or less. i) If a whale's course and speed are such that it will likely cross in front of a vessel that is underway or approach within 91 m (100 yds) of the vessel and if maritime conditions safely allow, the engine will be put in neutral and the whale will be allowed to pass beyond the vessel, except that vessels will remain 460 m (500 yds) from North Pacific right whales (50 CFR 224.103 (d). j) If the vessel is taken out of gear, vessel crew will ensure that no whales are within 50 m of the vessel when propellers are re-engaged, thus minimizing risk of marine mammal injury. 30) Vessels will take reasonable steps to alert other vessels in the vicinity of whale(s). 31) Vessels will not allow lines to remain in the water, and no trash or other debris will be thrown overboard, thereby reducing the potential for marine mammal entanglement. 32) The transit route for the vessels will avoid designated critical habitat to the extent practicable. Data Collection 33) PSOs will record observations on data forms or into electronic data sheets. 34) PSOs will record the following: a) the date, shift start time, shift stop time, and PSO identifier; b) date and time of each reportable event (e.g., a marine mammal observation, operation shutdown, reason for operation shutdown, change in weather); `11YA Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 c) weather parameters (e.g., percent cloud cover, percent glare, visibility) and sea state where the Beaufort Wind Force Scale will be used to determine sea -state (https://www.weather.gov/mfl/beaufort); d) species, numbers, and, if possible, sex and age class of observed marine mammals, along with the date, time, and location of the observation; e) the predominant sound -producing activities occurring during each marine mammal observation; marine mammal behavior patterns observed, including bearing and direction of travel; g) behavioral reactions of marine mammals just prior to or during sound producing activities; h) whether the presence of marine mammals necessitated the implementation of mitigation measures to avoid acoustic impact, and the duration of time that normal operations were affected by the presence of marine mammals; i) geographic coordinates for the observed animals, with the position recorded by using the most precise coordinates practicable (coordinates will be recorded in decimal degrees, or similar standard and defined coordinate system). Unauthorized Take 35) If a listed marine mammal is determined by the PSO to have been disturbed, harassed, harmed, injured, or killed by the project activities (e.g., a listed marine mammal(s) is injured or killed or is observed entering a shutdown zone before operations can be shut down), it will be reported to NMFS within one business day to the contact specified below. These PSO records will include: a) number and species of listed animals affected; b) the date, time, and location of each event (provide geographic coordinates); c) description of the event; d) the time the animals) was first observed or entered the shutdown zone, and, if known, the time the animal was last seen or exited the zone, and the fate of the animal; e) mitigation measures implemented prior to and after the animal was taken; and if a vessel struck a marine mammal, the contact information for the PSO on duty, or the contact information for the individual piloting the vessel if there was no PSO on duty; g) Photographs or video footage of the animal(s) (if available). Stranded, Injured, Sick or Dead Marine Mammal (not associated with the project) 36) If PSOs observe an injured, sick, or dead marine mammal (i.e., stranded marine mammal), they will notify the contact specified below. The PSOs will submit photos and data that will aid NMFS in determining how to respond to the stranded animal. Data submitted to NMFS in response to stranded marine mammals will include date/time, location of stranded marine mammal, species and number of stranded marine mammals, description of the stranded marine mammal's condition, event type (e.g., entanglement, dead, floating), and behavior of live -stranded marine mammals. Illegal Activities 37) If PSOs observe marine mammals being disturbed, harassed, harmed, injured, or killed (e.g., feeding or unauthorized harassment), these activities will be reported to the contact specified below. 38) Data submitted to NMFS will include date/time, location, description of the event, and any photos or videos taken. 108 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Final Report 39) A final report will be submitted to NMFS within 90 calendar days of the completion of the project summarizing the data recorded and submitted to the contact specified below. The report will summarize all in -water activities associated with the proposed action, and results of PSO monitoring conducted during the in -water project activities. 40) The final report will include: a) summaries of monitoring efforts including total hours, and marine mammal distribution through the study period, accounting for sea state and other factors that affect visibility and detectability of marine mammals; b) analyses on the effects from various factors that may have influenced detectability of marine mammals (e.g., sea state, number of observers, fog, glare, and other factors as determined by the PSOs); c) species composition, occurrence, and distribution of marine mammal observations, including date, water depth, numbers, age/size/gender categories (if determinable), group sizes, and ice cover; d) number of marine mammals observed (by species) during periods with and without project activities (and other variables that could affect detectability); e) initial, closest, and last marine mammal observation distances versus project activity at time of observation; 0 observed marine mammal behaviors and movement types versus project activity at time of observation; g) numbers of marine mammal observations/individuals seen versus project activity at time of observation h) distribution of marine mammals around the action area versus project activity at time of observation. i) digital, queryable documents containing PSO observations and records and digital, queryable reports. Summary of Agency Contact Information For all mitigation measures, NMFS will be contacted using the contact information specified in Table 1. In all cases, notification will reference the NMFS consultation tracking number (e.g., AKRO-2021- 00849) Table 1. Summary of agency contact information Reason for Contact Contact Information Consultation Questions & Unauthorized Greg Balogh: greg.balogh@noaa.gov & Take Ann Erickson (ann.erickson@noaa.gov) Monthly and Final Reports &Data AKR.section7@noaa.gov Submittal (please include AKRO-2021-00849 in subject line) Stranded, Injured, or Dead Marine Mammal Stranding Hotline (24/7 coverage) 877-925-7773 (not related to project activities) 9 11911 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Reason for Contact Contact Information U.S. Coast Guard National Response Center: Oil Spill & Hazardous Materials Response 1-800-424-8802 & AKRNMFSSpillResponse@noaa.gov Illegal Activities NMFS Office of Law Enforcement (AK (not related to project activities; e.g., Hotline): feeding, unauthorized harassment, or 1-800-853-1964 disturbance to marine mammals) In the event that this contact information NMFS Anchorage Main Office: 907-271-5006 becomes obsolete Or NMFS Juneau Main Office: 907-586-7236 6. ESA Effects Determination Potential effects to listed species include acoustic impacts from pile -driving, potential interference from vessel traffic during construction, and direct contact during in -water work. Acoustic Impacts The proposed project would involve underwater sound from pile -driving. The effects to Steller sea lions from pile -driving noise are anticipated to be insignificant due to the implementation of proposed mitigation measures. Protected species observers will monitor the potential impact zone to shut down pile -driving activities to prevent harassment or take should Steller sea lions or other protected species approach the zone. Vessel Traffic Project operations will be conducted in an area with frequent vessel traffic, so species in the area will most likely be habituated. Vessel traffic supporting in -water work is expected to be contained to the harbor and will be slow -moving, so the likelihood of vessel strike will be lower as a result than from faster -moving offshore traffic. The likelihood of effects to endangered species due to project vessel traffic are insignificant due to the low level of the activity and with the proposed mitigation. No additional area vessel traffic is anticipated as a result of this project. In -water Work In -water work, including demolition and panel placement, poses the risk of contact injury to marine mammals that are in close proximity to project activities. This risk will be mitigated by the observation of a shut -down radius during any in -water work if a protected species approaches within 10 meters. For non -pile -driving work, this shutdown authority will be performed by construction crew personnel as the area of observation is very small. Before in -water work transitions to pile -driving, however, a designated observer will be onsite. The likelihood of effects to endangered species due to injury from physical contact during in -water work are insignificant due to the proposed mitigation. Critical Habitat The nearest critical habitat for listed species is more than 25 kilometers from the project site and is therefore out of range of any effects from project activities. Therefore, no further analysis is provided. 10 Isle] Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 Prey Species No long-term effects to fish species or their habitat are anticipated as a result of this project. Temporary disturbances to under -dock habitat and brief turbidity impacts may occur but are not expected to persist or to reduce the availability of prey species. 7. Essential Fish Habitat Description The waters of Resurrection Bay are designated as EFH under the Fishery Management Plans (FMPs) for Groundfish of the Gulf of Alaska (2017) and for the Salmon Fisheries in the Exclusive Economic Zone Off Alaska (2018). Shoreline habitats adjacent to the harbor are characterized as protected/partially mobile/sediment or rock and sediment with no known eel grass (ShoreZone, 2021). Scheffler Creek enters the bay near the entrance to the harbor. The creek is listed as an anadromous stream by ADF&G (213-30-10070) and is known to bear coho, pink, and sockeye salmon. Seward Lagoon is stocked annually with king salmon (Oncorhynchus tshas�ytscha) and silver salmon (Oncorhynchus kisutch) (Blain pers. com., 2019). Fish species found in the project area include all salmon species included in the Salmon FMP. In similar habitats in Resurrection Bay, fish sampling collected a variety of species included in the Groundfish FMP. Species caught in a gravelly sand shoreline area on the east side of Resurrection Bay (Site B01) are summarized below in Table 1. Table 2. Eastern Resurrection Bay fish counts and FMP species status Fish Count GOA Groundfish FMP Site B01 Species Ecosystem (sand -gravel) Component 2009 Pacific herring Prohibited Species (Clupea pallasii) Pacific sand lance Forage Fish %6 (Ammodytes hexapterus) Buffalo sculpin In Fishery 3 (Enophrys bison) Sand sole In Fishery 2 (Psettichthys melanostictus) Frog sculpin In Fishery 1 (Myoxocephalus stelleri) Speckled sanddab In Fishery 1 (Citharichthys stigmaeus) Prowfish In Fishery 1 (Zaprora silenus) Starry flounder In Fishery 1 (Platichthys stellatus) juvenile flatfish In Fishery 8 juvenile sculpin In Fishery 5 fish larvae 28 11 fff Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 8. EFH Effects Determination Noise and increases in turbidity from construction will be contained within the harbor and are unlikely to impact fish rearing habitat outside the harbor. Both impacts are very short in duration, only affecting fish in the immediate vicinity of the project at the time of construction. Following project completion, under -dock habitat within the harbor will be similar to the existing infrastructure and no long-term effects to water quality or loss of habitat are expected to result from the project. 9. Conclusion Based on the analysis that all effects of the proposed action will be insignificant and/or discountable, we have determined that the proposed action is not likely to adversely affect any listed species or critical habitat under NMFS's jurisdiction. We have used the best scientific and commercial data available to complete this analysis. The City of Seward has made the following ESA determinations: • Humpback whales • Humpback whale proposed Critical Habitat • WDPS Steller sea lions • WDPS Steller sea lion Critical Habitat • Fin whales • North Pacific right whales • Sperm whales No Effect No Effect May Affect, Not Likely to Adversely Affect No Effect No Effect No Effect No Effect `rv: 12 Biological and Essential Fish Habitat Assessment for the Seward Northeast Harbor Launch Ramp Renovation POA-1994-00426 10. Literature Cited ADF&G. (2007). Seward Area. Kenai Peninsula Recreational Fishing Series. Southcentral Region. Alaska Department of Fish and Game. Division of Sport Fish. https://www.adfg.alaska.gov/static- s f/ Regio n2 / p d fp ub s/ s ewar d. p d f ADF&G. (2019a). Fin Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 17, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg=specialstatus. fedhabitat&species=fmwhale ADF&G. (2019b). Sperm Whale: Federally Endangered Critical Habitat, Alaska Department of Fish and Game. Retrieved April 19, 2019, from Alaska.gov website: http://www.adfg.alaska.gov/ index. cfm?adfg= specialstatus. fedhabitat&species= spermwhale Blain, B. (2019). Personal communication with Brittany Blain, Assistant Area Management Biologist at ADF&G. Via telephone on 5/23/19. Fritz, Lowell; Sweeney, Kathryn; Towell, Rod; Gelatt, Tom. (2015). Steller sea lion haulout and rookery locations in the United States for 2016-05-14 (NCEI Accession 0129877). [indicate subset used]. NOAA National Centers for Environmental Information. Dataset. Retrieved April 11, 2019 from https://dol.org/10.7289/v58c9t7v Hamilton Construction. (2019). Protected Species Observer 90-Day Report. Seward South Harbor Launch Ramp Renovation Project. July 17, 2019. M.M. Muto, V. T. Helker, R. P. Angliss, B. A. Allen, P. L. Boveng, J. M. Breiwick, M. F. Cameron, P. J. Clapham, S. P. Dahle, M. E. Dahlheim, B. S. Fadely, M. C. Ferguson, L. W. Fritz, R. C. Hobbs, Y. V. Ivashchenko, A. S. Kennedy, J. M. London, S. A. Mizroch, R. R. Ream, E. L. Richmond, K. E. W. Shelden, R. G. Towell, P. R. Wade, J. M. Waite, and A. N. Zerbini. (2018). Alaska marine mammal stock assessments, 2017. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-AFSC-378, 382 p. NMFS (2013). Final recovery plan for the North Pacific right whale (Eubalaena japonica). Retrieved April 17, 2019, from Noaa.govwebsite: https://repository.library.noaa.gov/view/noaa/15978 NMFS Alaska Region. (2016). Occurrence of Endangered Species Act (ESA) Listed Humpback Whales off Alaska. https://alaskafisheries.noaa.gov/sites/default/files/humpback—guidance.pdf NOAA Fisheries. (2019a). Fin Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/fm-whale NOAA Fisheries. (2019b). Humpback Whale. Retrieved April 17, 2019, from NOAA.gov website: https://www.fishen'es.noaa.gov/species/humpback-whale#overview NOAA Fisheries. (2019c). Species Distribution Mapper. Alaska Protected Resources Division. https://alaskafishenes.noaa.gov/portal/apps/webappviewer/. Accessed 4/16/19. NOAA Fisheries. (2019d). Nearshore Fish Atlas of Alaska. Web -based Atlas. NOAA Fisheries Auke Bay Laboratories and NOAA Alaska Regional Office. https://alaskafishenes.noaa.gov/habitat/fishatlas. Accessed 5/21/2019. North Pacific Fishery Management Council (NPFMC). (2017a). Fishery Management Plan for Groundfish of the Gulf of Alaska. Anchorage, Alaska. https://www.npfmc.org/wp-content/ PDFdocuments /fmp/GOA/GOAfmp.pdf North Pacific Fishery Management Council (NPFMC). (2017b). Stock Assessment and Fishery Evaluation Report for the Groundfish Resources of the Gulf of Alaska. Anchorage, Alaska. https://www.afsc.noaa.gov/REFM/Stocks/assessments.htm ShoreZone. (2021). Alaska ShoreZone web -mapping system. http://www.shorezone.org/. Habitat Class Layer. Accessed 3/21/2021. 13 "K3 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service P.O. Box 27668 Juneau, Alaska 99802-1666 September 16, 2021 Colonel Damon Delarosa US Army Corps of Engineers, Alaska District Regulatory Division PO Box 6898 JBER, Alaska 99506-0898 Re: Seward Northeast Harbor Launch Ramp Renovation, #AKRO-2021-00849 Dear Colonel Delarosa: This letter responds to your request for concurrence from the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act (ESA) for the proposal to replace the existing Northeast Harbor boat launch ramp with a new 4-lane, 2-float configuration in Seward, Alaska. NMFS received an initial request for an informal consultation from the US Army Corps of Engineers (USACE) on April 14, 2021, and requested clarification on project details, as well as provided the USACE with standard mitigation measures on April 30, 2021. hi response, the USACE submitted a revised request on September 10, 2021. Your request qualified for our expedited review and concurrence because it met our screening criteria and contained all required information on your proposed action, mitigation measures, and its potential effects to listed species and designated critical habitat. Expedited consultation for this proposed action commenced on August 10, 2021. We reviewed your consultation request document and related materials. Based on our knowledge, expertise, and the materials you provided, we concur with your conclusions that the proposed action is not likely to adversely affect endangered Western Distinct Population Segment (DPS) Steller sea lions (Eumetopias jubatus). A complete administrative record of this consultation is on file at the Anchorage NMFS office. Reinitiation of ESA consultation is required where discretionary federal involvement or control over the action has been retained or is authorized by law and if (1) take of listed species occurs, (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (3) the action is subsequently modified in L ALASKA REGION - http:f/alaskafisherics.noaa.gov . 114 a manner that causes an effect to the listed species or critical habitat that was not considered in this concurrence letter, or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). Please direct any questions regarding this letter to Kathleen Leonard at Kathleen.Leonardgnoaa. _ og_v or (907) 271-5006. Sincerely, (-:Jonathan M. Kurland Assistant Regional Administrator for Protected Resources cc: Ben Soiseth Benjamin.N.Soiseth2usace.army.mil Brenna Hughes BHu _ghesgpndengineers.com 2 MR City of Seward, Alaska Port and Commerce Advisory Board Special Meeting Minutes February 16, 2022 Volume 4, Page CALL TO ORDER The February 16, 2022 special meeting of the Port and Commerce Advisory Board was called to order at 12:00 p.m. by Chair Brandii Holmdahl. OPENING CEREMONY The board led the Pledge of Allegiance to the flag. ROLL CALL There were present: Brandii Holmdahl, presiding; and Lynda Paquette Bruce Jaffa Colby lmaw+enee Carl Hughes Benjamin Smith Fred Woelkers comprising a quorum of the Board; and Nancy Hulbert, Acting Harbormaster (arrived at 12: 04 p.m.) Brenda Ballou, City Clerk Excused — Lawrence Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Jaffa/Paquette) Motion Passed There were no consent agenda items. Approval of Agenda and Consent Agenda Unanimous SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None Administration Report — None Other Reports and Announcements — None Presentations — None City of Seward, Alaska Port and Commerce Advisory Board Special Meeting Minutes February 16, 2022 Volume 4, Page NEW BUSINESS Resolutions Resolution 2022-004, Requesting Authorization From The City Council For The Board To Appoint And Lead An Ad Hoc Committee Of Interested Community Members To Identify Available Funding Sources To Continue The Ground Source/Seward District Heat System Project To Completion. Motion (Jaffa/Hughes) Approve Resolution 2022-004 Jaffa said this project was initiated in 2015 and had moved through various stages of grants and budgets; it had also lay fallow for some time. He said since the project started, the cost had increased and the original $750,000 grant would not cover the current cost, so additional funding needed to be obtained. Jaffa had been approached by a variety of community members that were concerned about the project, and asked him if PACAB could help move things forward. Jaffa stated he had received emails, as recent as this morning, that indicated the city could find additional funding. However, he believed that the city was maxed out, and he didn't believe this project was a priority for the city. Jaffa was also concerned about the extra work this project would potentially burden the Electric Department with. He said the priorities for this project were to secure additional funding, and to create a long range plan on how to implement and maintain the installation of the heat loop system. He wished to create a group to assist the city administration, rather than burden them with extra work. Jaffa highlighted the positive results from implementing this project, including reduced carbon, heat extraction from an inextinguishable source, and reduced operating costs for the library building. PACAB suspended the rules to hear from Darryl Schaefermeyer. Darryl Schaefermeyer said Andy Baker was the designer for this project, and would be available to speak to PACAB and answer questions. PACAB went back on the rules. Holmdahl suggested that, if the board believed more information about this project was necessary or desired, perhaps the resolution should be postponed until that information could be provided. Paquette thought this resolution should come back at the next regular meeting so that Andy Baker could be included as a speaker on the agenda; she thought more information might be helpful to have before the decision was made on this resolution. Motion to Postpone (Paquette/Holmdahl) Postpone Resolution 2022-004 to March 2, 2022 and invite Andy Baker to make a presentation. INN City of Seward, Alaska Port and Commerce Advisory Board Special Meeting Minutes February 16, 2022 Volume 4, Page Holmdahl supported postponing this resolution because she had spent a considerable amount of time yesterday with administration and learned more about this project; she didn't feel comfortable speaking on their behalf, though, and they were not present for this meeting. Jaffa was concerned about delaying this resolution because he believed this was a time - sensitive issue. Holmdahl was uncomfortable bringing this request to council because it was unclear where the city was in the 90-day grant extension cycle; she believed the extension had just been applied for, which would afford the city a fresh 90 days to consider its next steps. Holmdahl said the extension did not prevent individuals in the community who wanted to start doing the work of grant research, but she wanted to have more information about the project before making a final decision. Hughes did not support postponing this resolution because he believed the city needed to be proactively progressive and thought this project should move forward. Paquette felt rushed and thought she didn't have enough information. She wanted to have enough time to perform due diligence. Smith said he believed the board would benefit from having more information on the economic benefit of the project, and perhaps a cost analysis before making a decision. Jaffa recalled that this project had been discussed at PACAB a number of times, and Andy Baker had made a presentation in the past to the board. He said the numbers by themselves would not pencil out on this project; the only way to move this forward was to find additional funding sources. He was tired of people looking to the government to fund everything, and said there were lots of millionaires out there that would be delighted to support this project, but they would only be willing to work with a group that included non -city people. Motion to Postpone Failed Motion to Amend (Holmdahl/Paquette) Yes: Smith, Paquette, Holmdahl No: Woelkers, Jaffa, Hughes Amend Resolution 2022-004 in Section 1 by striking the words "...to include representatives of city council and administration." Holmdahl said she preferred to leave the composition of the committee, should council approve its formation, to be open. Motion to Amend Passed Unanimous Jaffa stated this resolution was not doing anything except getting something started; there would be a lot of work to do. He believed the community should be involved. Mr] City of Seward, Alaska Port and Commerce Advisory Board Special Meeting Minutes February 16, 2022 Volume 4, Page Holmdahl thought this was a great project which would have a lot of benefit, although she was concerned about this approach. She didn't believe this project fit with the board's priorities, and council had not asked PACAB to take this action. She would be more amendable if council has directed PACAB to form a committee. Holmdahl added that the city contracted with a grant writer, and she wanted to make sure that efforts were not being duplicated in this regard. She pointed out that this project was not listed on the city's current legislative priority list. Hughes recalled that PACAB had been given direction by city council to address this topic. What slowed down this project was the increase in the financial requirement. Jaffa concurred with Hughes and said this topic had been before the board a number of times. He said he had approached individual council members about moving this forward, and it didn't go anywhere. He was trying to get this project moving again. He sponsored this resolution because members of the community asked him to be their voice. He thought it should have been included on the legislative priority list. Jaffa said PACAB's priorities included alternative energy projects, and this could be a banner project. Paquette asked if this heat loop project was related to the water flow study being conducted in Lowell Canyon. Jaffa said no. Paquette said she believed this project fit into PACAB's priorities and aligned with previous direction from council. Main Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Darryl Schaefermeyer appreciated what PACAB did today. He emphatically stated that right now, today, there was funding available for this project; Andy Baker would be able to tell the board about those options. He said the Department of Energy had contacted Andy Baker today, because of their interest in this project, saying that funds were available. There was also funding available from the Denali Commission. The city had grant writing resources available to them, but the grant writers needed to be told what direction to go. Casie Warner was very interested in the heat loop project. She was interested in obtaining more information than what she could gather from meetings and administration. She said the heat loop project was included on the city's Capital Improvement Plan that was recently approved. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Jaffa was disappointed that city administration was not present for this meeting. He recalled a time when the former city manager and assistant city manager regularly attended the PACAB meetings. He encouraged administration to attend the PACAB meetings in the future. "R City of Seward, Alaska Port and Commerce Advisory Board Special Meeting Minutes February 16, 2022 Volume 4, Page Paquette echoed those sentiments, saying it was disappointing that administration was not present for this meeting. She was interested in having Andy Baker speak at the next PACAB meeting and talk about the heat loop project. She thanked the citizens for attending the meeting and for their input. Hughes thanked the citizens for coming to the meeting; he appreciated all the comments. If the heat loop project came to fruition, it would take a tremendous burden off the city. He agreed that it would be good to invite Andy Baker to the next meeting so they could learn about the funding sources that were available. Smith thanked everyone for the good discussion. He appreciated that this technology was proven to be effective and beneficial by the Alaska SeaLife Center. The benefits included displacing diesel fuel at the point of use, decreased carbon dioxide production, and new construction and maintenance jobs. He looked forward to seeing what council decides. Holmdahl thanked the board members for their comments during deliberations, and the public for speaking up and providing their input. ADJOURNMENT The meeting was adjourned at 12:44 p.m. Brenda Ballou, MMC City Clerk (City Seal) Brandii Holmdahl Chair 120 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes March 2, 2022 Volume 4, Page CALL TO ORDER The March 2, 2022 regular meeting of the Port and Commerce Advisory Board was called to order at 12:00 p.m. by Chair Brandii Holmdahl. OPENING CEREMONY The board led the Pledge of Allegiance to the flag. ROLL CALL There were present: Brandii Holmdahl, presiding; and Lynda Paquette Colby Lawrence Benjamin Smith comprising a quorum of the Board; and Norm Regis, Harbormaster Brenda Ballou, City Clerk Excused — None Absent — None Vacant — One Bruce Jaffa Carl Hughes CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Hughes/Lawrence) Approval of Agenda and Consent Agenda Holmdahl pointed out an error on the agenda and asked the clerk to fix the date of the minutes from January 5, 2022 to February 2, 2022. Paquette stated that Dr. Henry Burns was able to attend today's meeting and would be presenting along with Jen Peterson; Dr. Burns had been scheduled for a previous PACAB meeting and had been unable to attend. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve the February 2, 2022 Regular Meeting Minutes. fPA City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes March 2, 2022 Volume 4, Page SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None Administration Report. Assistant City Manager Stephen Sowell said he had provided a report in the packet with updates on the city's current projects. He pointed out that the city would be moving forward with creating a master plan for expanding the city's utilities. Sowell said the housing issue in Seward was complex and multi -faceted, and would not be solved quickly. Jaffa was hoping to receive feedback from administration on how best to frame the feedback from the community regarding housing and employment concerns. Regarding the Public Works shop relocation, Jaffa wondered what the city's vision was for the new facility. Sowell said Kenai's Public Works facility would be used as a model for the new facility in Seward, with some modifications. Paquette wondered how confident the city was in moving forward with creating a new housing subdivision at the Hemlock campgrounds. Sowell said there were multiple preliminary things happening for that property, including a replat and rezone to separate the bike park from that parcel of land. Paquette asked if the city was having conversations with either the borough or the state about property they owned that the city could potentially purchase and use for housing. In response, Sowell said there were currently no meaningful conversations happening in that regard. Hughes mentioned the proposed housing sites for the Hemlock subdivision and wondered if 6,000 square foot lots would be appropriate for single family residences; he suggested that perhaps 10,000 square foot lots would be more appropriate. Sowell said there had been a lot of discussion about the lot sizes; he pointed out that lots downtown were 3,000 square feet. Sowell added that 6,000 square foot lots in this area would yield 40 new homes. Sowell stated that Seward would always have more of a demand for housing than the community could provide; that was a blessing and a challenge. The community needed to decide what kind of community Seward wanted to be, and how much growth was desired. Other Reports and Announcements Alaska Railroad Report. Port Operations Manager Christy Terry stated there had been recent train traffic for freight, and they would continue throughout March. There would be 81 cruise ships for a total of 95 cruise ship days this year. The port was already getting strong numbers for project barges that were scheduled to come into Seward. Terry passed out a flyer containing updates on the terminal and dock expansion project; the cruise ship terminal building would likely not be available for any community use starting as early as this fall, because the construction may begin that soon. The deadline for proposals was March 10, 2022, so there would be a contractor in place by early April to begin the work. The cruise ship dock, cruise ship terminal, and freight dock `�1: City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes March 2, 2022 Volume 4, Page were considered three projects, so there was potential to have three different construction companies working there. Jaffa asked if the $60 million bond would be enough for the entire project. Terry said it would be enough for the dock portion, and they would be looking for other funding for the cruise ship terminal project. Chamber of Commerce Report. Executive Director Kat Sorenson reported that ad sales for the Seward Hometown Guide were underway. The chamber would be creating a Relocation & Services Guide to assist newcomers. Registration was open for the 94th Mount Marathon Race. Vendor applications were being accepted for the Fourth of July Festival; they were already at capacity, but the chamber was looking at how they could accommodate more vendors. SBDC Representative Kelly Ann Cavaretta had already met with 20 local businesses to assist them with their endeavors. The chamber would be resuming in person lunches at the end of March, and Kelly Ann would be the first speaker. Nominations were open for the annual chamber awards. Harbormaster Report. Harbormaster Norm Regis said he missed PACAB's last work session because he had been in Juneau for legislative meetings. He reported the G, K, and L Float replacement project was well underway; new pilings would be driven soon. Presentations Jena Petersen from Seward Real Estate, and Dr. Henry Burns from Seward High School, presentations on housing and employment issues in Seward. Heat Loop Project presentation by Andy Baker. (telephonic) Childcare presentation by Casie Warner. NEW BUSINESS Other New Business Items Provide input on the Capital Improvement Plan for the 2023/2024 budget. Motion (Jaffa/Paquette) Postpone this item to May 4, 2022. Motion Passed INFORMATIONAL ITEMS AND REPORTS PACAB Meeting Schedule PACAB Priorities & Goals CITIZEN COMMENTS — None Unanimous 123 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes March 2, 2022 Volume 4, Page BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Smith thought the housing issue was perhaps more urgent than anyone realized; he was surprised to learn today that people earning six figures were priced out of the housing market. He thought it was critical that this issue be addressed as soon as possible. Hughes concurred with Smith. Everything was tied together: education, families, housing, childcare. He wondered if the borough could be engaged to see what property that had that could be used for housing. Paquette thanked everyone for coming to the meeting today. She asked if administration could provide a time estimate on what it would take to have the IT support at the PACAB meetings. She asked if the Planning & Zoning Commission could be charged with looking at nightly lodging in town to see how big of an impact this was having on housing. Woelkers was new to the board, but he was learning as fast as he could. Lawrence welcomed Woelkers to the board. He said housing was clearly an issue; he thought there were things the city could do to help solve the housing issues. He said there were city code violators in town operating nightly lodging; if the enforcement issue could be solved, it may help. Jaffa appreciated Woelkers joining the board. He thanked all the presenters at today's meeting, and he thanked administration for their work on the heat loop project. He encouraged citizens to continue reaching out and voicing their opinions. Jaffa was a strong advocate for the heat loop project; he was hoping to bid on the project when it came time to seek contractors. Holmdahl thanked everyone from the public for coming out. Next Tuesday would be international women's day, and there would be a celebration at Primrose Provisions starting at 6:00 p.m. Sowell said the current Public Works facility sat on a 2.2 acre parcel. Regarding the heat loop project, Sowell said the city supported this project 100%, and had engaged grant writers to work on funding opportunities. It would be inaccurate to suggest that the city did not support this proj ect. Regis thought it would help the housing issue if the number of nightly lodging businesses could be capped. ADJOURNMENT The meeting was adjourned at 2:10 p.m. 124 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes March 2, 2022 Volume 4, Page Brenda Ballou, MMC City Clerk (City Seal) Brandii Holmdahl Chair INI � a � U N L N v U � U v a In o o N c0j y R " p O C CA 0 y y N O � ctct c ct , ct R3 "C a `t o CA CA o c O p "" bA c a p p ct y _ 'C a o 0 �, C O � � N CA O .'. � ..0 ct U ct R o °? �, o y O CAo o c a� -C 9 a tb x O y SR} rU- bA C d 'cl �U d 0 C r. to to ° c C) p aq o y ' to to o to 7:1c� U 00 U �. to O a a� tp a� y o° r o a C) �aUwaH�wH�aC/D C/5 • April 2022 May 2022 April 2022 SuMo Tu We Th Fr Sa SuMo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 27 28 29 30 31 Apr 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mt NrnpPACAB (Regular g........... Meeting) ........................... 10 11 12 13 15 16 S:OOpm CC pm HPC Special Mtg ork Session (Greene Council Forensic h [7:00pmHPC 7:OOpm CC Mtg egular (Council eeting -Chambers). Council hamb er)....................... 17 18 19 20 21 22 23 6:OOpm P8tZ 12:OOpm PACAB Work Session Work Session (Council hambers).. hambe.rs)................... 24 26 27 28 29 30 (7:00pmCC Mtg Council Calendar 1 3/30/2022 4:17 PM 127 May 2022 May June 22 a Th SuMo TuWFr Sa SuMo TuWTh Fr Sa e Th 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 1 2 3 4 5 6 7 7:00pm P&Z Mt 12:00pm PACAB (Regular Mtg (last Meeting) ........................... meeting efoxe hiatus)... 8 9 10 11 13 14 7:OOpm CC Mtg pm HPC (Council ork Session �.hamb_e...................... Council ham b_e.rs)..................I (7:00pm HPC egular eeting Council hamb_er)....................... 15 16 17 18 19 20 21 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council amb_e.rs)..... 22 24 25 26 27 28 (7:00pmCC Mtg .h. 29 30 31 Jun 1 2 3 4 HOLIDAY (Memorial Day) Council Calendar 2 3/30/2022 4:17 PM 128 22 SuMo TuWFr Sa SuMo TuWTh Fr Sa June 2022 June e Th July e Th 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 29 30 31 Jun 1 2 3 4 5 6 7 8 9 10 11 7:OOpm P&Z Mt 6:OOpm HPC (Regular Work Session .e..tulga ........................... (Cou nci I Chambers) ..................I 7:OOpm HPC Regular Meeting (Council -C ha mb_er)....................... 12 13 14 15 16 17 18 7:OOpm CC Mtg (Council hamb_e.rs).. 19 20 22 23 24 25 pm P8tZ ork Session (V(.C ouncil hamb_e.rs)........ 26 28 29 30 Jul 1 2 (7:00pmCC Mtg Council Calendar 3 3/30/2022 4:17 PM 129