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Home My WebLink AboutT15N R1W SEC 18 Lots 9, 10, 28 & 29 Plat# 86-071 MUNICIPALITY OF ANCHORAGE MEMO~ANDUM DATE: November 17, 1986 TO: Community Planning FROM: Marc Little, Dept. of Health and Social Services, Water Quality Section SUBJECT: Case review of 86-071 After reviewing this case and talking to Enayat Aziz the project engineer, I have the following comments: As long as hhe proposed excavation will not remove any material deeper than the existing pit currently on the site, this project should have minimal impacts on surrounding groundwater levels. According to Mr. Aziz, the shallow groundwater monitoring wells installed on the edge of the existing excavation site have shown no groundwater within twenty feet of the bottom of the current excavation pit. According to U.S. Geological records, the wells in the surrounding area run from 51-137 feet. Consequently, this project as planned in its current scope and size, should not adversely impact groundwater levels in the immediate vicinity. One exception might be the shallow(approx. 15 feet deep) well currently serving the petitioners, residence on the site. 86071/111786 MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION Environmental Health Division CASE REVIEW WORKSHEET CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY: 86-071 October 28, 1986 November 10, 1986 SUBDIVISION OR PROJECT TITLE: A request for final approval of a conditional use to permit a Natural Resource Extraction in the R-9 and T (proposed R-6) zone. ( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE ( ) COMMUNITY WATER AVAILABLE COMMENTS: 71-014 (Rev. 5/83) CASE: PETITIONER: REQUEST: TOTAL AREA: LOCAT I ON: CURRENT ZONE: 86-071 A. C. and Lucille K. Buswell Conditional Use for Natural. Resource Extraction 8.256 Acres Lots 9, 10, 28 and 29, Sec. 18, T15N, R1W, S.M., Alaska; generally located east of Alaska Railroad and north of Knapper Lane extended. R-9 (Rural Residential District) and T (Transition District) -- (proposed R-6 (Suburban Residential District - Large Lot)) BIRCHWOOD COMMUNITY COUNCIL csl/bla2 RE-ROUTING CASE NO. 86-071 MUNICIPAUTY OF ANCHORJ~TURN COMMENTS TO: DEPT. OF HEALIH & ENWRONMENTAL PROT~CT~J~NICIPAL PLANNING DEPARTMENT Zoning and Platting Division i0CT 281986 Pouch 6-650 Anchorage, Alaska 99502 RECEIVEI) A request to rezone approximately acres from to A request to amend Title 21 to XXX A request for ccnccDt/final approval of a conditional use to permit a Natural Resource Extraction in the R-9 and T ( PROP~oSnF~. R-6 ) A A request for an amendment to a conditional use A site plan review for COMMENTS: Planning & Zoning Commission Public Hearing Date: December 8, 1986 Comments Due: November 10, 1986 DISTRIBUTION: STANDARD DISTRIBUTION (Public Projects) Urban Design Commission (Ordinance Amendments) Municipal Attorney's Office XXX Birchwood Community Council Federation of Community Councils csl/bg23 CONDITIONAL USE APPLICATION OFFICE USE Municipality of Anchorage a=c'o DEPARTMENT OF COMMUNITY PLANNING P.O. Box 6650 VERIFY OWN: Anchorage, Alaska 99502-0650 :onal use is for the following: FINAL CONCEPT 1. ~ NEW 1. NEV~. ~'. ~ 2. AMENDMENT 2. A. Please fill in the information requested below. Print one letter or numb~er ~ereblgck~ OD ,r~.tawr. i~e i~e shaded blo~ks. )i,~ .~i;r If- i !1 ,1. ~a .=.,,~ 1. Case Number (iF KNOWN) 2. Petitio~mng for ~-::' Abbreviated legal description (T12N R2W SEC 2 LOT 45 OR SHORT SUB BLK 3 LOTS 34) full legal on back page. I~lol~lsl~,l~lol 12kl 12191 kl~l~lsl~lcl~l~kl~l~lNl.l~l~lsI BI:~: I, Il; l fi ,~ II t':: Iii I, 1', I I ,1: I,, 1/ 4. Petitioner's Name (Last - First) 5. Petitioner's Representative Iil t I: I;~1' ~1" l~l: I I I:! I , Address Star Rbute 1, Box 2393 Address 902~ Vanguard Drive~ Suite Ci~ Chu~iak StYe AK, 99~67 City Anchorage State AK Phone NO. 688-2133 ~ Phone No. 3~9-2~7 99507 6. Current zoning 9. Traffic Analysis Zone ~,[ [ [.-I~: 11 . 10. Hearing Date YYMMDD 7.. Petition Area Acr&age 8. 11. Principal Tax Number 1,1,11 Grid Number 12. No. Parcels 13. Fee $ /OOD. ~O 14. Community Council BIRf/-SVOOD B. I hereby certify that (I am) (I have been authorized to act for) the owner of the property dascribed above and that I desire conditional use approval in conformance with Chapter 21 of the Anchorage Municipal Code of Ordinances. I understand that payment of the basic conditional use fee is nonrefundable and is to cover the costs associated with processing this application, that it does not assure approval of the conditional use, I also understand that ad(Jitional fees may be assessed if the Municipality's costs to procees/t~ application exceed the basic fee. I further understand that assigned hearing dates are tentative and may be ha/~o postponed by Pla~nni~ Staff, P~ann/~Commission, or the Signature prov~ritte! V "~ (/ ~) proof or authoriza~lon. 'Agents must 68 200 95 PLI AO P~ge 2 Busw¢ll Mining Proposal September 10, 1986 Due to unique site conditions, the proposed Buswell g~ravel extraction operation does not present a grossly incompatible development in this ,area for the following reasons: 1) The mining site is ~0 to 50 feet below the average ground level in the surrounding properties, approximately level with the railroad tracks. Therefore, the mining operations will not be visible from the general neighborhood, with the exception of one residence bordering along the north; and there, the existing tree cover provides adequate screening, thus mitigating the visual impact. 2) The site enjoys .easy access from South Birchwood Road, without affecting a large group of residents. Less than ten residences share the same access road. 3) Only three existing residential lots border along two sides of the property. No natural streams and/or drainage courses will be affected by the proposed gravel mining. 5) The proposed material extraction will be a temporary operation, lasting perhaps two to three summers at the most, after which the site will be restored, having enhanced potential for development into suitable and compatible uses. GOALS AND POLICIES OF THE COMPREHENSIVE PLAN The proposed material extraction operation does not conflict with any of the adopted goals, policies, or obiectives of the comprehensive plan and the zoning ordinance, as the site is presently designated a transition zoning district. This is in recognition of the past gravel mining within this site, as well as warehouse storage provisions for the railroad. In the meantime, the gravel mining does not present a long-term impact, as the resources will be depleted in a few years and the land restored. The site contains a maximum of 170,000 cubic yards in-place materials, in accordance with the proposed mining plan. This quantity is a small fraction of the annual gravel demand in Anchorage and Eagle River. The gravel mining will also enhance the future use of the Buswell properties. Presently a portion of the site is rendered useless by the steep cut banks and lack of sufficient level ground adjacent to the railroad tracks to accommodate any possible railroad services. Although a portion of the properties can be developed for residential use as zoned, · the site will not accommodate more than ]ust a few large lots. The proposed mining will expand the grounds approximately level with the railroad tracks. Furthermore, the gravel mining at this location will benefit the community as a whole by making available a valuable source of the materials with the least AZSZ ENGINEERING COMPANY ENGINEERING COMPANY ENGINEERS · PLANNERS · SCIENTISTS September 10, 1986 Municipal Planning Staff 632 W. 6th Ave. Anchorage, Alaska 99501 Reference: Conditional Use Request for gravel mining within Lots 10, 28, and 29, Located in the NE¼, Section 18, T15N, R1W, S.M. Dear Planning Staff: Aziz Engineering Company, on behalf of Mr. and Mrs. Buswell, is submitting an application for a Conditional Use Permit to allow gravel mining within the above described property. The Buswell's gravel mining site is located along the railroad tracks, a short distance from South Birchwood Loop Road in Chugiak, approximately 1½ miles from the Glenn Highway interchange. The site is more specifically located on the Restoration Plan, see Sheet C-1. The drawings submitted with this application consist of the following: Site Restoration - Sheet C-1 Mining Plan - Sheet C-2 Site Cross Sections - Sheet C-3 Knapper Lane Profile Section - Sheet C-4 Gravel mining ha taken place within these properties previously, both by the Buswells and, in the years past, by the Alaska Railroad. Presently, the Buswells live on the property, and they operate a small business out of their home offering naval architectural services. In addition to the Busweil residence, there are other structures presently within the site consisting of a mobile home, two storage sheds, and a small warehouse adiacent to the railroad tracks. The site is situated on top of a gentle hill sliced through by the railroad corridor along the west. Previously, gravel mining had occured along the east banks of the railroad cut slopes within these properties. The undisturbed natural ground throughout the site is heavily wooded. There are no streams within the property or in the near vicinity of the site. The natural drainage course is to the west, within the Mink Creek drainage basin. COMPATIBILITY WITH THE EXISTING AND PLANNED LAND USES IN THE AREA The surrounding area is one of contrasts, ranging from one or two relatively expensive homes to modest mobile home dwellings. The non-residential uses in this vicinity are along the South Birchwood Road, and consist of the Matanuska Telephone Association maintenance and storage yard, and Bailey's truck repair facility. Page g Buswell Mining Proposal September 10, 1986 ~%~lLthat is presently serving the Buswell's residence. There are ho other shallow wells that are known in this vicinity. Therefore, the mining will not affect groundwater conditions in the surrounding properties; there is a remote possibility that it may affect localized shallow watertable conditions, however, without implications to the neighboring properties. Slope S.tability. The natural deposits, in the absence of major seepage, exhibit sufficient internal strength to resist slope failures, even along vertical cut banks. Maior seepage is not anticipated, however, and any seepage encountered during the mining operations is expected to be short-lived. The excavation walls, therefore, can be regarded as geotechnically safe during the mining operations. Noise Abatement. Since the mining site is considerably lower than the surrounding lands, effectively situated within a depression, the noise generated by the mining operations will be muffled to a great extent; in addition, .the heavily wooded vegetation and west sloping terrain will help suppress the noise. Therefore, the mining activities will be relatively unoticeable in the near vicinity of the site. Moreover, since the mining operations do not involve a crushing plant, the noise generated will be limited to the excavation and screening equipment during working hours, and does not present a major problem. The haulage traffic will generat.e some noise. However, the access distance to South Eirchwood Road is short, and if Ganoe Street is left in its present 18 to 20 feet width, traffic speed will be physically restrained, thus reducing noise levels while improving traffic safety. As a~ further mitigation measure, during the rush hours (8 to 9 a.m. and ~ to 5 p.m.) the number of truck trips may be limited to 8 trips per hour maximum, which we feel is not unreasonable. Dust periodically areas are to Control. The access road will be graded and treated for dust control as specified on the Mining Plan. Within the mining site, excavation be watered for dust control, as specified on the Mining Plan. Waste Disposal. All solid waste, waste oils, sanitary waste, and other chemical wastes are to be removed from the site and disposed of pursuant to Municipal and State Regulations. No burning shall take place within the site. Explosives shall not be used or stored within the site. Erosion and Sediment Control. Sediment fences will contain and filter all drainage from the site, as well as screening plant wash water if any, as shown on the Mining Plan. Slope reconstruction and seeding is shown on the Restoration Plan, Sheet C-1. During the mining operations, erosion is not a maior concern, and therfore, attention is focused on sediment containment. Slope reconstruction is to follow the mining stages immediately, as shown and specified on the Mining and Restoration Plans. Quality of Materials. The post glacial alluvial deposits consist of relatively silt-free, interbedded sandy gravel and gravel deposits. The gradation of the materials generally conform with the Municipal Type II and Type III Specifications. The materials can be easily processed to produce other blends such as filter materials, concrete, and asphalt-concrete aggregates. Test results from two recent samples showing the natural gradation of the deposits are plotted on the attached AZIZ ENGINEERING COMPANY Buswell Mining Proposal September 10, 1986 impact levels on the surrounding lands. This is quite a departure from the usual nuisance associated with most gravel mining operations. A combination of favorable topographic conditions, good access, and lack of significant visual and other impacts renders this site ideal for gravel mining. The mining will not iepoardize future land use considerations. MINING QUANTITIES AND HAULAGE TRAFFIC IMPACT The in-place volume of the minable materals is approximately 170,000 cubic yards, in accordance with the proposed mining plan and based on the existing ground topography as shown on Sheet C-2. It is expected that the site will produce a maximum of 90,000 cubic yards each year from mid-April to the end of October. At that rate, the mining will be complete in less than three summers. The average number of truck trips per day, assuming 90,000 cubic yards maximum production during a seven-month period each year, will be 38 trips per day, or approximately ~ to ~ truck trips per hour. This is based on 16 cubic yards average capacity per truck; a typical belly-dump truck carries approximately 16 CY, end dumps carry approximately i2 CY, and pup trailers approximately 14 CY. ~Ve expect the maximum number of daily trips not to exceed ~ minute intervals, or 12 trucks per hour, and 96 trips per day maximum. A typical residential street c~rries between 150 to 400 daily trips. The additional traffic generated by the proposed mining activities, therefore, is not a significant increase beyond the normal capacity of a typical residential street. Access to the proposed mining site is relatively short, a quarter of a mile from South Birchwood Road by way of Ganoe Street. Ganoe Street is a gravel road presently in good condition, as a result of previous work by the Buswells; and it's wide enough to easily accommodate the proposed haulage traffic. As noted.on the Mining Plan, the haulage hours are limited to 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. The Buswells will consider additional restrictions as necessary. Moreover, the intersection of Ganoe Street at South Birchwood Road provides ample site distance in both directions, while the 90-degree turns on Birchwood Loop Road controls the through-traffic speed. Ganoe Street and the pit access road will be graded during the mining operations and periodically treated for dust control, as noted on the Mining Plan. ENVIRONMENTAL IMPACTS Modification of Existing Regime. The topography alterations, as proposed in the Mining Plan, 'do not affect areawide surface drainage or groundwater hydrology and 8eotechni~ahl stability during or after the mining is complete. As mentioned'-~arlier, there are no streams within, or in the vicinity of the subiect properties. Also, h~'~'e~page is apparent along any of the existing cut banks exposed during the~'~bus excavations. Possibility of localized perched watertable conditions, on the other hand, ~ISts evidently because of a shallow AZIZ ENGINEERING COMPANY P~ge 6 Buswell Mining Proposal September 10, 1986 ll/e will be happy to discuss changes in the plans and/or additional mitigation measures to suit your requirements and to address other concerns that may come to light during the review process. We look forward to meeting with you. Sincerely, AZIZ?ENGINEERING COMPANY Enay~~ ESA/dd cc: Mr. and Mrs. Buswell Attachments AZIZ ENGINEERING COMPANY P .a. ge ~ Buswell Mining Proposal September 10, 1986 gradation charts. These are typical of the materials exposed along the existing cut banks. The unit weight of the materials, as recently tested, is 135 pounds/cubic foot to be used for volume conversions to tonnage. SUMMARY ~/e believe the proposed gravel mining within the Buswell properties can be achieved in harmony with the surrounding land use for reasons as summarized below: l) The site is unique in that the mining area is 40 to 50 feet lower than the surrounding properties, and thus, mining activities will not be visible from most abutting properties, and not visible at all from any of the nearby roads. 2) No natural stream and/or drainage course is affected by the proposed mining activities. 3) The gravel mining will not render the land useless for future land use considerations. In fact, the mining will enhance the topography for later development considerations; it will also provide a vehicle for restoration of existing excavation banks. Three existing residential lots border along two sides of the properties only. The mining operations will be partially visible, from one neighboring residence only, where the impact is mitigated by the existing vegetation screening. This residential building was constructed more recently, alongside the previously mined areas. The restoration plan will significantly improve the present view from this residence. 5) Access to the mining site is a short haul distance from South Birchwood Road, a maior arterial. The haulage traffic levels will be within the capacity of the existing access road as a local residential street. During the mining operations, the Buswells will be required to grade this road and apply dust control treatment periodically; while the haulage traffic will be restricted to normal working hours, with reduced trips during the rush hours. 6) The gravel extraction will be a temporary operation, lasting perhaps three to five summers at the most, during which time the site will be restored in stages as the grading limits are reached progressively from the north. 7) The proposed gravel mining will benefit the community as a whole by providing the needed gravel resource without creating a significant local impact. AZIZ ENGINEERING COMPANY PRO3ECT: Buswell Material Extraction Site DATE,. September 12, 1986 WORK AUTHORIZATION NO.: 11~86 CLIENT.. Mr. and Mrs. A.C. Buswell TESTED BY~ Pittsbur§h Testing Laboratory LAB SHEETS ATTACHED= [~( Sample No: 2. DATE; 9/2/76 · GRAIN SIZE DISTRIBUTION CURVE PRO3ECT: Buswell Material Extraction Site Sample No: DATE: September 12, 1986 WORK AUTHORIZATION NO.: 11586 CLIENT: Mr. and Mrs. A.C. Buswell TESTED BY: Pittsburgh Testing Laboratory LAB SHEETS ATTACHED: DATE: 9/2/76 GRAIN SIZE DISTRIBUTION CURVE REPORT OF: PROJECT: PITTSBURGH TESTING LABORATORY 700 W. 58th, Unit A, Anchorage~ AK 99502 August 29, 1986 OmO~ No. REPORT X Final · Preliminary Sieve Analysis/Unit Weight Birchwood Industrial Park 1480 ANC 814 CLIENT: SAMPLED BY: SAMPLE DATE: DATE T~ST~D: R~PORT~D TO: Sample of unrefined ae~re~ate: Sample 3 (right side) BSrchwood Industrial Park S. R. 1, Box 2393 Chugiak, Alaska 99567 Client Unknow~ 8/29/86 2 - Client Attn: A. C. Buswell SAMPLE DESCRIPTION/LOCATION Sample I (left ~d,). TEST RESULTS Sieve analysis of three samples are attached. 2 are listed below: ~i ' 120.96 16/fts ~2 - 127.83 16/ft~ brp attachments Unit weights of samples 1 and Respectfully Submitted, Brian H. Barton, Manager Anchorage District PRO3ECT: Buswell Material Extraction Site Sample No: 3 DATE: September 12, 1986 WORK AUTHORIZATION NO.: 11586 CLIENT: Mr. and Mrs. A.C. Buswell TESTED BY: Pittsburgh Testing Laboratory LAB SHEETS ATTACHED: ~( DATE: 9/2/76 GRAIN SIZE DISTRIBUTION CURVE , ' ~IZ INGINllRING ~OMPANY PITTSBUR~ TESTING LABORATORY Client: ~L-~,Z,~z~ .~. . Project: ~,_,,,.~_,..f,,.~-~,r:¢ .~,~.~. zx~:/~' Lab No. /~,.~ O Sample Page 1 Form QC-S-4 used: .COARSE SIEVE ANALYSIS Oven-dry weight of Tolol Somole(~ 2 of 2 PARTICLE SIZE ANALYSIS (ASIM D422 O=de= No. g~.,.~ ~/¥ Date Form ST-3 Rev. O ~ATE 9-2-76 Report~ No. Identification: [] YES [] NO Test Method: FINE StEV~ ANALYSIS g. Oven-dry wi. of washed mal'L from Hydromeler Anat. g. Cumulalive S,eve ~elained R~lained °/o of W Size . Wek~ht °/a of W Retained Passing CoL No. I 2 3 4 Unitsgrams a/o °/o °/o · ./~,, ~/~ 3.~- ~..~' ASTM ~22- . Cumulative S,eve DDenlng Retained Relmne~I Relalned °/o of W NO. Siz" Weight o/o of'~i°/o of W Retainea~ Passing COL NO. I I 2 3 4 5 6 Units mm. grams % % °/o a/o ~o ~.o I //~?* J zo o._:p~~z,f ~1 · · Compare with total after sieving for check. Scale #: ~ HYDROMETER ANALYSIS · (Maferiol I~assing NO. I0 sieve) tdrometer ~ven dry porlial sample weigh: {Wi): IO0,OOarams tm 50.OOgrams [] Watch Time Temp. Hydrometer Reading O/o Pass~ From Clt~ ..or r. C Nc, re. Part C~r. Par. °/o Pass. from Kt. Coat' from Diam. O,am. mm of W Time in min. De<].C Orig. ..~R R C~rvq I Chart B m mm. Chart C Col. No. I 2 3 4 S 6 7 8 9 I0 I I I 0.076 0.055 S 0035 ~$ 0.020 30 d.o~4 60 o.o~o ~2o O,OO7 250 0.005 1440 0.002 . NOTE: Percentages m Col. 6 ore onverled to percentages of Iolal somple(W),Col II, Dy mutlH31y~nq them hy Dercan! passing No I0 ieve from Coarse S~eve Anolys~s,Col. 4. Percenfa';es ~n Col ~, Fmc Sie'.'e Anolys~s, are converted Ia Cai. 4 Dy the same process. __:~ceptance Criteria: ..~ccep~abili%y: I~ Conforming Tested by: Reviewed by: J"-J r"~ .X.;,, ,.~pplic:,ble (,W~) J--~ Noncon forming ~ j - Leva 1 PITTSBURGH TESTING LABORATORY ~e 2 of 2 PARTICLE SIZE ANALYSIS (ASTM D422 czie~t: ~,,A,~-4 -~., .'~/~ Order No.~ ~/+ Projec~: ~ ~ ~ ' Sample Identification: Form ST-3 Rev. O DATE 9-2-76 Page 1 Form QC-S-4 used: ~J COARSE SIEVE ANALYSIS Oven-dry weight of Tolal Sample (V~ g. Cumulative $,eve Relained Relained % o~ W Size Weight °/o.Of WRetainedP~sing CoL No.I 2 3 4 Units grams % °/o °/o z' 32. o [ ~e" 4;a4'o z3 '7 7 Scale #: , Report No. YES ~ NO Test Method: ASTM D422- FINE SIEVE ANALYSIS Oven-dry wt of washed mai). from Hydrometer Anal. g. Cumulative Sieve Opening Retained Relo,nec Relained °/o of W No. Size Weight O/o of % °/o of W Relained Passing Col. No.I 2 3 4 ,5 6 Units mm. grams °/o °/o °/o °/o ,o z.o 7_14,0 ~o o_.:, ~,v / 40 o.,*~ 70,~, ( '7- ,o0 '-= 7'lq, 7 I ' · Compare wilh ',oral after sieving for check. · HYDROMETER ANALYSIS (Material passmg No. I0 sieve) ,drometer No Oven dry partial semele weigh (Wi): IO0.OOaroms [] §O. OOiroms [] Welch Time Temp. Hydrometer Reading °/o Poss~ From Ch.A Corr."C" Nc,m. P~rt[Co~c Port °/o P~ss. , from. ! K, Coefl from Diam. O~am. mm of W Time in min. Oeg. C Orig. AR R mtll~rv~ i i %* Chart 8 m mm. Char C CoI. No.J I J 2 3 4 § 6 ? 8 9 I0 It I 0.078 ~ 0.0",5 .5 00~5 15 0.020 30 d. OI4 60 0.0~0 ~20 0.007 ~_.so i .... 0,00.5 1440 0.002 . NOTE; Perc~moges m Col. 6 ore converted Ia percentages of Iotal sample (W), Col II, Dy mulNplysng them by percenS pass,ne No I0 sieve from Coarse S,eve Anolys~s, COL4. Percenm';es m Col 3, F,ne Sieve Analys~$, are converted to Col.4 Dy the same process. ..... ~ I IA I ] NonconformiQg [ I Not :,~pplicabla Lev~ 1 L~ x'e l ....ceptance Criteria: ..Jcce~tability: i J Conforming Tested by: Reviewed by: _ SETTLEMENT AGREEMENT ESTABLISHING WIDTH OF ALASKA RAILROAD RIGHT OF WAY, GRANTING LICENSE THEREIN, COMPROMISING AND RELEASING CLAIMS AND PROVIDING FOR DISMISSAL OF LITIGATION WITH PREJUDICE THIS AGREEMENT is made this day of , 1986, by and among the Alaska Railroad Corporation, the State of Alaska, the United States of America, and Buswell, A. C. Buswell, Jr., and Clark Buswell: RECITALS A. The United States of America holder of the A~aska Railroad right of way as Lucille M. Klem. is presently the established by the Act of March 12, 1914, Ch. 37 38 Stat. 305 (hereinafter "Right of Way") situated in Section 18,' Lot 10, Township 15 North, Range 1 West, Seward Meridian, Alaska (hereinafter "Lot Ten"). $. Lucille M. Klem Buswell is the grantee under United States Patent No. 1223821, dated November 6, 1961~ conveying to her land described as Lot Ten subject to certain reservations and exceptions. Lucille and A. C. Buswell are presently the owners of Lot Ten. C. The Alaska Railroad Corporation is a public corporation of the State of Alaska organized and existing under the Alaska Railroad Corporation Act, Alaska Statutes, Title 42, Chapter 40 (A.S. 42.40). D. The Alaska Railroad Corporation holds an exclusive license from the United States in and to the Right of Way in Lot Ten granted to it by the United States Secretary of Transportation on January 5, 1985. PITTSBURGH TESTING LABORATORY ' ~.ge 2 of 2 PARTICLE SIZE ANALYSIS (ASTM D422 ~, i ' /~.A.~' Order .No. ,zt//~. Client: ~J,~x~-w~ .~L , . Project: ~' ~ ,l- Date Form ST-3 Rev. O DATE 9-2-76 Report No. ,,, Lab No. Page 1 Form QC-S-4 used: ,COARSE SIEVE ANALYSIS Oven-dry weight of Total Sample(W~ Sample Identification: YES ~ NO Test Method: ASTM D422- FIN5 SIEVE ANALYSIS Oven-dry w. of washed mot I. from Hydrometer Anal g. Cumulative S,eve Retained Retained °/o of W Size Weight °/a of W ~etainedJ Passing Col. No. I 2 :5 4 Units grams °/o o/o °/o TOTAl. ~ff~'~O , ., Scale #: Cumulative S,eve gl:~ning Retained Relo~nec Retainedi °/o of W No. Siz~ Weight O/o of'A °/o of V~ ~elained Passing Col, N~ I 2 5 4 5 6 Un ts- mm. grams % % OlD °/o I0 J 2.0 "-, 2o o= 4 .CTT, Z / 7 Compare with total after sieving for check. HYDROMETER ANALYSIS (Material passing No. I0 sieve) 'dromefer No Oven dry ,rtial sample weiqh (Wi): lO0.OOqrams 1-1 50.O0~rams [] Watch Time Temp. Hydrometer Reading °/a Poss~ 'From Ch.A Car r."C" J Ncm. ~rtjCo~c Part. % Pass. from KL Coeff from Diam. 0,am mm of W Time in min. Deg. C Orig. ~R R Cyrv,~ I Chart 8 m mm. Chart C Col. No I 2 3 4 · § 6 7 8 9 I0 I I I 0.078 2 0.055 5 I'~ 0.020 ~0 d.O~4 60 0.0~0 120 0.007 _ 30 o,oo 1440 0.00~ . NOTE: Perc-nloges ~n CoL6 are converted fo percentages of total sample (Wa Col II, Dy mulhplylnq them by percent poss)ng NO I0 sieve from Coarse S,eve Anolys,s,ColA. Percema,;es ,n Col ~, Fine Stove Analyses, are converted to CoL4 ~y the same process. .cep:ance Criteria: ..~cceptability: ~ Conforming Tested by: Reviewed by: J J Nonconforming j.~ No: :~pplicable (,N,\) Lev~ 1 the undersigned parties hereby agree, for themselves, their successors, heirs, grantees, and assigns, as follows: 1. Acknowledgement o~ Railroa~ ~ight of W_~ Width. The parties acknowledge and agree that the width of the Right of Way where it crosses Lot Ten is 100 feet on either side of the center line of the existing railroad tracks as authorized by the Act of March 12, 1914, Ch. 37, 38 Stat. 305. The parties further acknowledge and agree that the center line of the tracks as they are now situated is the western boundary of Lot Ten and that the eastern limit of the Right of Way extends 100 feet to the east from such western boundary of Lot Ten parallel to the center line of the tracks. At the the request of the Alaska Railroad Corpor- ation, the Right of Way boundary in Lot Ten, as described in this paragraph, will be surveyed without cost to the Buswells by the United States Department of the Interior pursuant to the Alaska Railroad Transfer Act of 1982. Right. of Wa~. The Buswells acknowledge and agree that subject to the rights to the license granted herein and any residual rights of the Buswells in the Right of Way, (a) the United States owns not less than an exclusive-use easement, as defined in section 603(6) of the Alaska Railroad Transfer Act of 1982 [45 U.S.C. § 1202(6)], in the Right of Way in Lot Ten: and (b) that upon receipt of an interim conveyance or patent from the United States pursuant to such Act, the Alaska Railroad Corporation' as the successor of the United States, will own not less than an 3 E. The Alaska Railroad Corporation is entitled to receive a conveyance of the United States' interest in the Right of Way in Lot Ten pursuant to 45 U.S.C; §§ 1201 et seq. F. There is now pending in the United States District Court for the District of Alaska, at Anchorage, an action entitled United States of America, Plaintiff, and the Alaska Railroad Corporation. and the State of Alaska,. Plaintiffs/-- Intervenors v~ Lucille M. Klem Buswell, A. C. Buswell, Jr., and Clark Buswell, Defendants, No. A-84-188 Civil (hereinafter "the Litigation"). The parties to this Agreement are the same parties identified in the foregoing title of the Litigation. The Litiga~ tion was initiated as a result of a dispute between the United States and defendants (hereinafter "the Buswells") concerning whether certain alleged activity and occupancy by the Buswells or their agents on Lot Ten was a trespass on the Right of Way. In the Litigation, plaintiff and plaintiffs/intervenors sought declaratory and injunctive relief, ejectment, and money damages for trespass. finally, G. The parties have entered into this Agreement to irrevocably, and forever compromise and settle all of the claims, Litigation. accords, counterclaims, and issues asserted or raised in the TERMS OF AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and and the releases and license granted in this Agreement, 2 in a form agreeable to the of the State of Alaska shall be prepared, belOW- The road shall not be dedicated to the public without permission of the Alaska Railroad ~orporation. (ii) a warehouse noW situated in part within the above-described Right of Way, more particularly described on attached schedule A. The described ware- house or any structure attached thereto may not encroach more than 9 feet ontO the above-described Right of Way measured from its outer boundary on Lot Ten and may not be replaced by another structure should it be removed or destroyed- upon execution and approval of this Agreement, a written license parties and recordable under the laws executed, and recorded by the parties. S. The license hereby granted shall terminate (i) on June 1, 2021, unless extended, or earlier if (ii) the Alaska its tracks in such away as to Rialro~d Corporation relocates neCeSsltate use of the land on which the road or structure are located for railroad or related operations, and, in such event, the license will terminate only to the extent of the area needed by the AlaSka Railroad corporation; or (iii) the road or strUc~ ture are used in such a manner as to actually endanger the safety of persons or property on trains; ~' the parties acknowledge and agree that the existence of ~he road or vehicular traffic on such road for which a license is gran%ed by subpara- 3.A.(i) a~ove constructed fifty feet (50') or more from 5 exclusive-use easement (as defined in the foregoing clause) in the Alaska Railroad Right of Way on Lot Ten. This Agreement does not address or establish whether or to what extent the United States or the Alaska Railroad Corporation owns an interest in the Right of Way in Lot Ten exceeding an exclusive-use easement, as defined above, and shall not be the basis or evidence for any such determination. This Agreement shall not waive or extinguish any right of the Buswells or their successors or assigns to any reverter or Other right, title and interest in and to the Right of Way if it is abandoned or terminated as provided by law. 3. Grant of License to Lucille M. Klem Buswell. A. The Alaska Railroad Corporation, with the consent of the United States and State of Alaska, hereby grants a license to Lucille M. Klem Buswell and A. C. Buswell, Jr., and their successors-in-interest and assigns, within the Right of Way on Lot Ten, as described in paragraph 2 of this Agreement, for the following uses and purposes= (i) use of an access road within the Right of Way situated not less than fifty feet (50') from existing railroad track center line. The license for the road way Shall continue in effect only so long as it is necessary for access to structures on Lot Ten, including warehouses constructed or to be constructed by the Buswells, or their successors-in-interest, or assigns, or until terminated under subparagraph C, 4 ipated construction for railroad purposeS, including location and construction of the Alaska Railroad tracks on the R~ght of Way west of the existing center line of the existing traCkS and shall do so unleSS accepted railroad engineering standards and practices would require use of the Right of Way property to the east for such location of the railroad centerline and constrUC- · 4. ~ The United States of America, the i ation.with pre'Ud]_q~ice. Alaska Railroad Corporation, and the state of Alaska, and each of them separatelY, hereby compromise, release, and forever relinquish all claims and causes of action that are asserted or could have been asserted against the Buswells in the Litigation, including without limitation claims for trespass and other ~amageS, ejectment, injunctive relief, and declaratory relief° The Buswells, and each of them separately, hereby compromise, release, and forever relinquish all accrUed claims or causes of action that are asserted or could have been asserted by way of compulSOry or permissive counterclaim in the Litigation, including without limitation all claims for money damageS, ejectment, declaratOry and injunctive relief, and quiet title. This Agreement constitutes an accord and satisfaction thereof. The parties agree that the Litigation shall be dismissed with prejudice by order of ~he United States Court for the DistriCt of Alaska, at Anchorage, upon application to such court by the parties. centerline of the railroad tracks shall be deemed not of them- selves to create any unsafe condition as to interfere with any such safety of railroad operations; ~rovided further that the Alaska Railroad Corporation may require the Buswells or their successors to install an industrial standard chain link fence on the western boundary of the road; or (iv) the road or structure within the Right of Way are abandoned by the Buswells or their successors-in-interest, which shall be deemed to have occurred if either or both are not used or maintained in good order for a period of one year. C. The Buswells, their successors-in-interest and assigns, shall further have a right to extend the license for an additional period of twenty (20) years if at the time of the expiration of the original license the Alaska Railroad or United States has no existing plans for future railroad construction including additional railroad tracks requiring the occupancy of the Right of Way in the Buswells property, and the Buswells have constructed and not abandoned the road and warehouse structure constructed within the Right of Way. Such option shall be exer- cised in writing prior to six (6) months from the date of expira- tion and any objection by the licensor shall be made within 150 days of the receipt of the written exercise. The compensation for the option shall be at such mutually agreeable. D. The Alaska Railroad reasonable rate as may be Corporation agrees that it shall in good faith consider alternate plans to locate any antic- sTATE oF ALASKA ) ss. THIRD JUDICIAL DISTRICT IFY ~ha= on ~hiS .day of , 1986, ~c ~n'and ~ff--~Re state .... ~ TO cERT ~ . ~e=arV pu~ = ~ersonally appear~ ..... .. ocumen~ ana wh .... n behalf be the .... d volun~ar~ ~ - a~ve ~itten · My Co.iS s -- STATE OF ~ ~ ss ~ THI~ juDICI~ D~sT~CT } . 1986, before me, =he unue ~s-ionea ana sworn · 1 com e and ~ in cORPO~TIo~ ~ u~a=d of DirectOrS* tmV hand and affixed IN wITNESS wHEREOF, Z have hereunto s~is ~ertificate first by official above written. 9 5. Applicable Law, Enforcement, the event of breach of this Agreement, shall have such remedies as provided and Attorney's Fees. In any party injured thereby by law. Breach of this Agreement shall not, under any circumstances, have the effect of resurrecting the claims and causes of action neleased in para- graph 4 of this Agreement. The acknowledgements and agreements made in this Agreement are binding, have the status of judicial admissions, and shall be given the same effect as a final judg- ment of a court having jurisdiction of the parties and subject matter° 6. 7. Term. This Agreement is perpetual. Integrated Agreement. This Agreement is executed in four original counterparts, all of which are the same instrument. This Agreement contains the full and complete terms of agreement among the parties, and the terms of this Agreement may not bc varied except by a written instrument executed by all of the parties hereto or their successors or assigns. UNITED STATES OF AMERICA By Dean K. Dunsmore, Land & Natural Resources Division Dept. of Justice, Attorney for Plaintiff STATE OF ALASKA LUCILLE M. KLEM BUSWELL A- C. BUSWELL, JR. CLARK BUSWELL 8 schedule A Beginning at the east 1/16 corner common to Sections 7 and 18, T15N, R1W, S.M., AK; thence et to a point in the center west, 481.93_fe _-. , ma n_track at app~xi- line of the ~ail~v"d.~;;~6~1 thence south- mate survey station ~° 280.1 feet to said ce~ter line, westerly along -~=+62~ thence southeasterly survey statxon endicularly to said center line on a li .3? tO a po%n~ ~6~? --~..1~ orner oz u~&~ ~__C ue oint of beginningl thence south- and the t~_ ^P.__~ ~. A ooint 90.4 fe~t westerly ~u.u =~-~i-~'from said main track measured perpeno~uu~- center line~ thence southeasterly 9.6 feet to , 100-foot right,-or- a point on the Railroad s 35+36~~ survey station 43 way line opposite thence northeasterly along said right-of-way to a point 100 feet from said line 30.0 feet .,-- ~-~site survey station Railroa cepter a~[ ~..elv, 8.0 feet to the true P ,__~_~,, 9~ souare feet. ea of aPprox~mau=~$ ar , s6~ARi~07 STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, before me, the undersigned, a Notary Pu~-l-i~-in and o~ the State of Alaska, duly commissioned and sworn as such, personally appeared DEAN K. DUNSMORE, known to me and to me known to be the Attorney for the UNITED STATES OF AMERICA, named in the foregoing document and who acknowledged to me that he signed the same freely and voluntarily on behalf of said UNITED STATES OF AMERICA for the uses and purposes therein mentioned, by authority of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal on the day and year in this certificate first above written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of May, 1986, before me, the undersigned, a Notary Pub l~n and for the State of Alaska, duly commissioned and sworn as such, personally appeared LUCILLE M. KLEM BUSWELL, A. C. BUSWELL, JR. and CLARK BUSWELL, known to me and to me known to be the individuals named in the foregoing document and who acknowledged to me that they signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal on the day and year in this certificate first above written. Notary Public in and for Alaska My Commission Expires: 10 · ENGINEERING COMPANY ENGINEERS ' PLANNERS ' SCIENTISTS October 31, 1986 11286 Municipal Planning Staff Planning and Zoning Commission 632 W. 6th Avenue Anchorage, Alaska 99501 Reference: "T" and R-9 to R-6 Zoning Map Amendment and Conditional Use Request for Gravel Mining Within Lots 9, 10, 28, and 29, Located in the NE¼, Section 18, T15N, R1W, S.M. Dear Members of the Commission and Planning Staff: Pursuant to our post application conference on October 16 with the Staff, this letter presents our conclusions following a brief hydrologic study of the general areas surrounding the proposed Buswell gravel mining site. Also, the gravel demand projections for the Anchorage-Eagle River are discussed, concerning the feasibility of this project. Based on our present understanding of the area, the proposed gravel mining within the Buswell property will not affect the water wells in the general area, since the bottom of pit elevation is above the aquifer depths. The only shallow well on record in this area is within the Buswell property serving their residence; and even this well is not likely to be affected. The annual gravel demand in Anchorage-Eagle River, based on a 1982 Municipal Study, is considerable despite the present economic slowdown; and yet, the only local source of gravel is Pioneer Pit in Anchorage with very limited production. None of the Eagle River pits are producing today. Almost all of the gravel used in Anchorage and Eagle River comes from Palmer, adding a notable cost to Public Works and Utility projects as well as housing and commercial developments in general. The gravel extraction from the new Municipal solid waste site in Ft. Richardson is already committed for Port development and the tidal landfill for the proposed Ship Creek/First Avenue waterfront development. The following is a more detailed discussion of these issues. HYDROLOGY The surficial geology of the extraction site is described in the Anchorage Coastai Resource Atlas, as glacial alluvium in kames, eskers and related landforms and alluvium in channels, terraces and floodpiains. The depositional processes responsible for these landforms are erratic in nature, especially in a glacial and post glacial outwash environment. The resulting sediments and soil profiles tend to be irregular with lenticular deposits replacing older eroded glacial deposits. Page 2 Buswell Natural Resources Extraction Site October 31, 1981 A summary of the waterwell data cited during our investigation is presented on the table attached. The source of this information is the U.S. Geological Survey in Anchorage. Based on this information, the depth to the water bearing strata in this vicinity varies from 51 - 137 feet below the surface, exhibiting the erratic nature of the underlying confined aquifers. The confined aquifers consist of lenticular sand and gravel deposits, isolated by the dense and impermeable glacial deposits and fine-grained lake and floodplain deposits. The confined nature of these complex aquifer systems is particluarly evident from the erratic behavior of the static water levels in these wells, varying as much as 102 feet within a horizontal distance of 700 feet. The foregoing indicates that there is no uniform water table within the study area, and the aquifer systems consist of isolated permeable zones with erratic profiles, which are subdued expressions of existing surface slopes and contours. Since no seepage is evident anywhere along the toe of previously excavated banks, which are lower than the proposed bottom of pit elevation within the Buswell property, there is no other conclusive evidence showing that the proposed gravel mining will have any effect on the surrounding wells. In fact, there is no conclusive evidence that the only shallow well in this area, which is within the Buswell property on Lot 9, may be affected. The Buswells are now in the process of drilling two monitoring wells at the toe of the existing excavation banks pursuant to our recommendations. This is in an effort to gather additional hydrologic information concerning the adjacent properties to the east. Data search and the hydrologic analysis presented above has been conducted by E. Richard Rahaim, Certified Professional Geologist of our staff. GRAVEL DEMAND The annual gravel demand for Anchorage-Eagle River, in accordance with a 1982 Municipal Study, as listed on the attached exerpt Table III.10, varies from .6 to 2.9 million cubic yards per year. Anchorage-Eagle River will need a total of 27 million cubic yards by the late 90's, in accordance with this study. These demand projections reflect pretty much the actual conditions since 1982, and in fact, show the economic decline in 1987 and '88. However, the low projections for these years are likely to change due to the Public Works and Utility projects approved by the latest bond propositions. Even with the lowest gravel demand projections, the BusweI1 site will be the only source in Eagle River if approved, providing a competitive alternative to Palmer gravel for some projects in the area. This site, therefore, will make a difference if approved. The gravel extracted from the Municipal solid waste site in Ft. Richardson is intended for landfill at the Port, and the Ship Creek tidal landfills for the proposed waterfront project, in accordance with the Municipal Capital Projects Office and the Solid Waste Services Office. The estimated gravel reserves within the Municipal Solid Waste Site in Ft. Richardson is considerable, that is 5.8 AZlZ ENGINEERING COMPANY Page 3 Buswell Natural Resources Extraction Site October 31, 1986 million cubic yards in the next 8 to 10 years. By the same token, however, the tidal landfills where the gravel will be placed will require enormous quantities in the immediate future as much as .7 to .8 million cubic yards per year in the next three to five years. Although small, the Buswell material site if approved, therefore, will supply the much needed gravel in the next three to five years, readily competing with Palmer gravel as evident from the letters of interest already submitted to the Community Planning Department. I trust sufficient information is presented above for your immediate consideration. Please let us know if additional data is needed. Sincerely, AZIZ"]ENGINEERING COMPANY~ ~ ESA/dd Attachments cc: Mr. and Mrs. Buswell AZlZ ENOINEERINO COMPANY October 29, 1986 WATER WELLS IN THE NE¼, SEC. 7, AND SE¼, SEC. 7, T15N, R1W, S.M., Birchwood, Alaska SECTION LOT GROUND BOTTOM OF BOTTOM OF ELEVATION CASING ELEV. WELL ELEV. (FEET) (FEET) (FEET) 7 69 200 130 7 93 190 78 '7 68 210 131 18 Juhnke Subd. 2#0 90 18 Juhnke Subd. 240 115 18 8 210 130 18 36 220 152 18 38 220 145 18 64B 245 184 18 65 230 144 18 30B 200 121 18 91 200 118 18 89 170 79 18 71 230 168 130 56 130 90 115 130 152 145 185 140 119 100 77 168 Source: U.S. Geological Survey, Anchorage Records AZIZ ENGINEERINO COMPANY TABLE re. lO. SUMMARY OF SAND AND GRAVEL DEMAND - 1983-2000, IN CUBIC YARDS Year 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Develop. 912,000 1 , 788,000 2,382,000 1,050,000 12,000 72,000 237,000 339~ 000 432. 000 594~ 000 636,000 567 000 711 000 852 000 98t~ 000 960 000 813 000 930,000 14,271 ,000 MoF. Develop. 600,000 1,180,000 1,572,000 692,000 8,000 48.000 1~6,000 224000 284 000 392 000 #20 000 372 000 468 000 56~ 000 6~8 000 632 000 536 000 612000 9,408,000 Commercial Industrial 404,935 795,578 1)058,831 ~66,789 5,823 31,672 105,131 131.3#8 191.586 26~ 296 282 52~ 251 696 315 §~0 379 2#0 #37 608 ~26 153 361 757 #13)528 6,3~4,039 Public Projects Maint. 379 200 49,209 423 774 54,993 490 073 63,596 523 872 67,982 524 324 68,040 526 775 68,358 53~ 961 69,~20 §#6 920 70,972 562#03 72,981 584.368 75,831 608.765 78,997 631 ~02 81,935 660 839 85,75# 697 871 90,560 742 997 96,~16 789 781 102,#87 832 007 107,996 882 816 114)560 10,943,148 1,420,087 Total 2,3#5,344 %242,345 5,566,500 2,800,643 618,189 7#6,805 1,102,512 1,221,240 1,5~2,970 1,910,495 2,026,286 1,904,033 2,2~1,133 2,583,671 2,909,021 2,910,423 2,630,760 2)952)904 42,386,245 NATURAL EXERPT FROM MUNICIPALITY OF ANCHORAGE RESOURCES (GRAVEL) EXTRACTION MANAGEMENT PLAN REPORT NO. 1 INVENTORY AND EVALUATION DECEMBER 1982 -73 =