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nORTH SLOPE BOROUGH'" E m c p VP PEI Co STAL inFlnAG T ROGRi;m COASTAL ZONE INFORMATION CEMTrP I remember on our trips from Barter Island to Barrow in the 1930's spending the night with people at each stop. There were houses along the coast every 20 or 30 miles. This was one day's travel by dog team. Isaac Akootchook Kaktovik Resident I remember when we lived between Demarcation Point and Barter Island, we once went to Kotzebue along the coast line. This was sometime between 1925-1930. We went in the late spring by dog team and saw people all along the coast. We stayed at many houses where people were living and as you left one house, you could see the smoke of the next. Niel Allen Nuiqsut Resident ZONL, T10tv CEN rr@ INFok,'14 COASTAL INFORMATION CENTER 'Offo i@ At 4e@ inTRODUCTIon, The Alaska Coastal Management Act of 1977 requires that the North Slope Borough develop and adopt a plan for the management of its coastal region. This plan, called a "district coastal management program," must meet the standards contained in the Act and the regulations of the Alaska Coastal Policy Council. Once drafted, the district program is reviewetl. State regulations set forth a com- plex review process, described in detail in the State of Alaska Coastal Manage- ment Program and Final Environmental Impact Statement (U.S. Department of Commerce, 1979). That process is briefly outlined here. First, the draft program is made available to interested persons for review. The Borough Planning Commission, and then the Borough Assembly, hold- public hearings to consider comments on and any proposed changes to the draft pro- gram. The Planning Commission must recommend approval and the Assembly must approve the program "in concept." The conceptually approved program is then sent to the Alaska Coastal Policy Council for its review and approval and back again to the Borough Assembly for its final approval. Finally, the program is sent to the Alaska Legislature for its approval. Because of the great length of its coastline and the complexity of coastal management, the North Slope Borough has chosen a "segmented" approach to coastal planning. Instead of planning for the entire coastal region at one time, the work will be done in phases. The first part of the coastal region to be addressed is the mid-Beaufort region, which contains Prudhoe Bay and many of the sites of the proposed 1979 joint Federal-State oil and gas lease sale. Due, in part, to the intensity of oil- and gas- related activities in the area, more is known about this region than many other parts of the Borough's coast. This Framework Plan describes the North Slope Borough's district coastal management program for the mid-Beaufort region. It is the Borough's intent that the Framework Plan serve as its formal submission to the Alaska Coastal Policy Council while being easily understandable by the public. The Framework Plan, however, is only an outline of the Borough's district program. The proposed zon- ing ordinance, contained herein, provides the details of the Borough's proposed management scheme. To protect its interests, and to carry out the intent of the State and Federal coastal management Acts, the Borough has done everything possible to have an approved program prior to the proposed Beaufort Sea oil and gas lease sale. This has necessitated a narrowing of issues to be addressed, illustrated by the segmented nature of the program and the focus on subsistence and petroleum- related uses. The Borough intends to continue its work on coastal management following the proposed lease sale, both with respect to refinements to the mid- Beaufort program and the development of new programs for other segments of the Borough's coast. PUBLK PARTKIPATion The Borough's coastal management program must meet the needs and desires of the people of the North Slope while accommodating important State and Federal interests; therefore, public awareness of the planning process and participation in program development are crucial. The following lists the opportunities provided for public participation in the development of the district coastal management program for the mid-Beaufort region: NOVEMBER 1978 Mail-out to State and Federal agencies, oil industry representatives (industry) and public and private citizens by Alaska Dept. of Community and Regional Affairs (ADCRA) of joint Kimball/Hopson letter and "North Slope Borough Coastal Management Program: Prudhoe Bay Area" (Draft Report) requesting comments. JANUARY 1979 NSB mail-out of Draft Report and letter to NSB village mayors, councilors and coordinators. Distribution of draft Ordinance by ADCRA to State and Federal officials and In- dustry. Meeting on draft Ordinance: Trustees for Alaska (TfA) and Industry. Interviews of long-time residents of the Canning-Colville Rivers area by NSB Plan- ning Office staff. FEBRUARY 1979 NSB mail-out of Objectives & Policies section of Draft Report, together with NSB tentative schedules of meetings to NSB village mayors and councillors. Informal distribution of draft Ordinance by TfA to State, Federal and Industry of- f icials. MARCH 1979 Interviews of long-time residents of the Canning-Colville Rivers area by Plan- ning Office staff. Regular announcements of all NSB coastal management program meetings and hearings over KBRW, and various written notices. Distribution of joint Kimball/Hopson letter by ADCRA with public hearing notice, Objectives & Policies of Draft Report, and updated tentative schedule of meetings. Distribution of joint Kimball/Hopson letter by NSB to NSB village mayors and councillors, together with additional copies of Objectives & Policies section, and copies of Ordinance outline. NSB Planning Commission public workshop on Objectives & Policies, Barrow. Public workshop on Objectives & Policies: Planning Office, Nulqsut. APRIL 1979 Planning Office interviews of long-time Cann! ng-Colvi Ile Rivers residents. Planning Commission public hearing on Objectives & Policies, Barrow. Meeting on draft Ordinance: NSB and Outer Continental Shelf Environmental Assessment Program (OCSEAP), Fairbanks. Regular announcements of all NSB Coastal Management Program meetings and hearings over KBRW, and various written notices. Public meetings on Objectives and Policies: Kaktovik City Council/NSB, attended by Alaska Legal Services (ALS) and Bureau of Land Management (BLM) officials, Kaktovik. Public meeting on Objectives and Policies: Nuiqsut residents/Planning Office, at- tended by ALS and BLM, Nuiqsut. Planning Office public meeting on Resource Inventory map and draft Ordinance, Kaktovik. Planning Office Objectives and Policies workshop with Kaktovik City Council, at- tended by ALS, US Fish & Wildlife Service, Rural Cap and Soh io-BP. Planning Office meeting with Cooperative Park Studies Unit regarding data- gathering and areas needing attention in planning for activities. Public meeting on Objectives and Policies: NSB/Barrow City Council. NSB public meeting on native allotments in Barrow (8 people attended). Informal distribution of revised draft Ordinance to State, Federal and Industry of- ficials. TV announcement of May 7 Planning Commission workshop on Ordinance, Bar- row ASA Communications. Meeting on draft Ordinance: TfA and Industry, Anchorage. MAY 1979 Fairbanks Environmental Center (FEC) meeting regarding Beaufort Sea attended by Planning Office, scientists, and agency and conservation staff; NSB Coastal Management Program discussed. Mail-out of memo dated April 27 from Planning Office to everyone on March 9, 1979, ADCRA mailing list with Objectives (revised March 29) and Policies (revised April 27), also to NSB village mayors and councillors. Regular announcements of all NSB Coastal Management Program meetings and hearings over KBRW, and various written notices. Planning Office meeting with Rural Cap on draft Ordinance, Anchorage. Meeting draft Ordinance: Industry, Alaska Department of Natural Resources, BLM, ADCRA and TfA, Anchorage. Various informal contacts between TfA, Industry and State agencies on draft Or- dinance, Anchorage. Meeting on draft Ordinance: TfA, FEC, Alaska Public Interest Research Group, Alaska Conservation Society, Fairbanks. Planning Office staff meeting on draft Ordinance with Kaktovik City Council. Planning Office meeting on Resource Inventory map with Kaktovik City Council. Series of five-minute Inupiaq-spoken tapes played randomly four times a week over KBRW explaining coastal management. Planning Commission public workshop on draft Ordinance, Barrow. Two FEC meetings which included discussions on status of NSB Coastal Management Program, attended by Planning Office, Fairbanks. JUNE 1979 Discussion: ALS and Planning Office on draft Ordinance, Anchorage. Planning Office attended FEC meeting and discussed status of NS13 Coastal Management Program, Fairbanks. Continuation of series of five-minute Inupiaq-spoken tapes explaining coastal management, played over KBRW. Planning Commission public hearing on draft Ordinance. Planning Commission meeting to decide on recommended version of Objectives and Policies, Barrow. NSB staff meeting with Industry on draft Ordinance. Meeting on draft Ordinance: TfA, Division of Minerals & Energy Management and Coastal Management Coordinator for Department of Environmental Conserva- tion, Anchorage. Informal conversations: Planning Office/Kaktovik residents on various phases of NSB Coastal Management Program, Kaktovik. Regular announcements of all NSB Coastal Management Program meetings and hearings over KBRW, and various written notices. JULY 1979 Informal conversations in Kaktovik: NSB staff and Kaktovik residents on NSB Coastal Management Program. Planning Commission public workshop Framework Plan, Barrow. 131/2-minutes TV program aired in Barrow five times before July 10 public hearing explaining NSB Coastal Management Program, with particular emphasis on Ob- jectives and Policies. Soundtrack of TV program (mentioned above) aired three times a week over KBRW (to be played July 16 through September 7). Meeting in Kaktovik on draft Ordinance, Objectives and Policies and Framework Plan. Tried airing TV program but local equipment broken down. Regular announcements of all NSB Coastal Management Program meetings and hearings over KBRW, and various written notices. Plan map posted in Kaktovik (Post Office) and Nuiqsut (Store). Mailed updated tentative schedule of meetings to ADCRA, Office of Coastal Management -Juneau, and ADCRA mailing list. FEC meeting: Planning Office gave updated information on NSB Coastal Management Program, Fairbanks. Meeting with OCSEAP: NSB/TfA/Dobey, Fairbanks. Assembly public hearing on Objectives & Policies, Barrow. APRIL - JULY Planning Office was informal liaison between NSB and Ecological Services per. sonnel of US Fish & Wildlife Service who are involved in Beaufort Sea issues, to explain NSB Coastal Management Program. AUGUST 1979 Meeting to describe NSB Coastal Management Program: Planning Office/John Dryzek from University of Maryland, Bureau of Governmental Research, who is studying natural resource economics and writing a thesis on offshore oil and natural resources management in Alaska. Compilation of visuals to explain Plan Map. Alaska Public Broadcasting Commission twice aired NSB TV program on Objec- tives and Policies via satellite over a wide area of Alaska. Regular announcements of all NSB Coastal Management Program meetings and hearings over KBRW, and various written notices. All NSB Coastal Management Program materials, including Objectives and Policies, Ordinance, Framework Plan, maps, correspondence, public comments and minutes of public hearings, available throughout development of NSB Coastal Management Program for public viewing at NSB Planning Office in Bar- row during regular business hours. NSB Planning Commission public hearing on Framework Plan, Barrow. Planning Office meeting with Industry representatives to discuss the maps of the NSB Coastal Management Program, Anchorage. SEPTEMBER 1979 Meeting between Planning Commission, Planning Office staff, Commissioner LeResche and other staff from Alaska Department of Natural Resources, Anchorage. Planning Commission public meeting at which two resolutions on the NSB Coastal Management Program were adopted, Anchorage. Assembly public hearing of NSB Coastal Management Program, Barrow. Assembly special public meeting to hear additional testimony on the NSB Coastal Management Program, Barrow. Planning Office meeting with Industry representatives, Anchorage. OCTOBER 1979 Assembly public meeting, Barrow. Assembly public workshops with representatives of Industry, environmental groups and State and Federal agencies, Anchorage. Assembly public workshop with North Slope residents, Barrow. Discussion of Ordinance between members of the Assembly, Meetings between Assemblymembers, and attorneys for NSB, Industry, ALS and TfA on final mark-up of Ordinance, Barrow. Assembly public meeting at which resolution giving concept approval of District Coastal Management Program was adopted. BOunDARIES As the Plan Map indicates, the mid-Beaufort coastal region lies between the Col- ville River in the west and the Canning River in the east. It extends seaward of the barrier islands to the three-mile limit and inland to the 200-foot contour. The region thus corresponds to the region described in the Alaska Coastal Policy Council's regulations as the "Simpson Lagoon - Barrier Island System": Biophysical Boundaries for Alaska's Coastal Zone (Alaska Department of Fish and Game, 1978). The seaward boundary of the mid-Beaufort region marks the State of Alaska's and the Borough's political boundary to sea. Areas beyond the three-mile limit are under exclusive Federal jurisdiction. Although some of the proposed oil and gas lease tracts lie beyond the three-mile limit, the Borough is legally prohibited from extending its coastal management boundary to 1 nclude these tracts. The inland boundary of the mid-Beaufort region extends up to 65 miles south from the coastline to the 200-foot contour and the foothills of the Brooks Range. Within this boundary lie the wet tundra ecosystem, the watersheds of the rivers flowing into the Beaufort Sea, and the inland extent of anadromous fish spawn- ing. This proposed boundary was set beyond the interim boundary established by the State of Alaska, the "Zone of Direct Influence," so as to enable the Borough to manage uses and activities which might have a direct and significant impact on marine coastal water: because of the movement of water and water-borne substances from the tundra to the sea and the movement of people and wildlife in this area, any major use or activity conducted on the tundra may have a direct and significant impact on the Beaufort Sea. USES AnD RESOURCE$ Government agencies and private interests have conducted many resource inven- tories and analyses in the mid-Beaufort region. One recent, albeit disputed, exam- ple of this work is the Environmental Impact Statement for the proposed joint Federal-State oil and gas lease sale. This Framework Plan contains an index and bibliography of key resource and use inventory and analysis information for the mid-Beaufort region and an Inventory Map shows its location of key resources and uses. Comprehensive analysis of this information is beyond the scope of this Framework Plan; reference should be made to chapters Vill, IX and X of the North Slope Borough Coastal Management Program, Prudhoe Bay Area (Alaska Con- sultants, Inc., June, 1978). In the final analysis, the Borough's program focuses on two issues: subsistence and petroleum-related activities. Another important use, recreation, requires additional study before a management plan can be for- mulated. OBJE(TIVES AnD POLKIES Objectives are general statements of what the coastal management program is trying to accomplish. Policies are general statements of what,courses of action should be taken to achieve objectives. Together, they form the basis for the Borough's management decisions. The Borough's Objectives and Policies for the mid-Beaufort region are as follows: OBJECTIVES ' (1) To preserve the traditional Inupiat lifestyle and culture. (2) To give priority and protection to subsistence activities and areas. (3) To allow competing uses only where they do not threaten subsistence resources and their habitat. (4) To protect all fish and wildlife resources and habitat on the basis of total ecosystems and consistent with subsistence use. (5) To require the protection of endangered and threatened species and their habitat. (6) To protect and preserve natural and ecological values. (7) To ensure maximum control by Inupiat over their own destiny while recognizing State and national interests including, but not limited to, the State and national interest in petroleum exploration and development. POLICIES (1) SIGNIFICANT SITES PRESERVED. Sites of historic, archaeological and cultural significance must be preserved. (2) CONSERVATION AREAS. Areas which are critical to the maintenance of significant fish and wildlife populations must be exempted from incom- patible surface use. A buffer area must be maintained to protect these areas from,disturbance. (3) LAND CONVEYANCES. The sale or conveyance of public lands into private ownership should be discouraged, except for Native Allotments or where provided for under the terms of the Alaska Native Claims Settle- ment Act. (4) HABITAT PROTECTION. Fish, wildlife and habitat protection programs, including enforcement, must be particularly intensive during any inten- sive industrial development including, but not limited to, petroleum development. (5) REHABILITATION. Upon termination of petroleum exploration or produc- tion, or other industrial activity, all land must be restored to its previous state as closely as possible, except where this would cause greater en- vironmental damage. (6) SCALE OF DEVELOPMENT. Areas should be opened to petroleum ex- ploration and development only in a sequence and on a scale which allows effective management and enforcement of lease stipulations and local,-State and Federal regulations. (7) AREAS BEYOND THE BARRIER ISLANDS. Areas beyond the barrier islands should not be leased at this time, except for areas that will be reached through directional drilling from a barrier island. (8) DRILLING SITES. Exploration, development and production drilling must be located on a site specific basis only, where escape of oil can be prevented, the first priority being onshore. (9) PLANS OF OPERATIONS. The Borough must be informed in advance of Industry exploration, development and production plans. Separate plans of operations should be submitted for the exploration phase and for the development and production phase. (10) PETROLEUM PRODUCTION AND TRANSPORTATION. Areas should not be opened for exploration until adequate methods for producing and transporting the petroleum in an environmentally safe way have been demonstrated. (11) CLEAN-UP COSTS. Those persons'engaged in petroleum-related ac- tivities shall bear all clean-up costs incurred as a result of those ac- tivities. (12) RESOURCE COMPENSATION. Damage to fish and wildlife resources by petroleum-related activities must be compensated for by payment direct- ly to the subsistence users and by replacementirestoration of the damag- ed resource. (13) REGULATION COSTS. Persons conducting petroleum-related activities must bear the cost of Borough regulatory programs necessitated by such activities. (14) LEASE STIPULATIONS. Oil and gas leases must contain adequate stipulations to control water and noise pollution, erosion, silting, gravel extraction, water usage, waste disposal, aircraft, maritime and other transportation- related disturbance, and other environmental impacts. (15) STATE STUDY REQUIREMENTS. The State of Alaska must conduct ade- quate studies of the social, economic and environmental effects of oil and gas leasing before offering tracts for sale. (16) INDUSTRY EMPLOYEES' TRAINING PROGRAM. A broad training pro- gram for Industry employees is required in order to teach the historic, social, cultural and environmental values of the North Slope and its residents. (17) OIL DEPLETION. Oil fields should not be depleted at a rate which would threaten the long-term economic interests of the Borough. (18) FACILITIES CONFINED. All major long-term private and public facilities must be confined to the Prudhoe Bay/Deadhorse area, except for thsoe absolutely necessary to the operation of petroleum fields. No permanent residential settlement will be permitted. (19) FACILITIES CONCENTRATED. Facilities in the Prudhoe Bay/Deadhorse area must be concentrated so as to take advantage of the economics of utilities and infrastructure. (20) GRAVEL MINING. Gravel mining must be limited to sites, methods and times of the year which will minimize environmental damage. (21) TRANSPORTATION CORRIDORS. Where appropriate, vehicles, vessels, aircraft and pipelines must be confined to designated corridors. (22) TOURIST FACILITIES. Establishment of tourist facilities outside already developed areas is discouraged. (23) TRAFFIC. All traffic must pass through the Borough with a minimum number of stops and only in designated areas and so as to reduce the im- pact on. adjacent lands and resources. (24) SOLID WASTE DISPOSAL. Solid waste disposal must be conducted in accordance with local, State and Federal laws, regulations and or- dinances. (25) FLARING. The burning or flaring of hydrocarbons must not be done so as to disturb wildlife or cause air pollution which exceeds applicable local, State or Federal air quality standards. (26) GEOPHYSICAL HAZARDS. Facilities must be sited and designed so as to be protected against all potential geophysical hazards. (27) EMPLOYMENT. Subject to the restrictions or limitations of State or Federal law, opportunities for employment, with on-the-job training, must be made available to permanent residents, with those of the immediate area being given priority. To allow participation in seasonal subsistence activities, a staggered work schedule is preferred. (28) ENERGY CONSERVATION. In recognition of the national need for energy conservation and high cost of fuel in the North Slope Borough, it is the policy of the Borough to conserve energy to the maximum extent possi- ble. (29) LOCAL ENERGY NEEDS. While developing alternate energy sources, the Borough will continue its efforts to provide low-priced fuel to Borough residents through negotiations with Industry. (30) INTERNATIONAL ARCTIC COASTAL MANAGEMENT PROGRAM. The Borough will continue to work towards the development of an interna- tional Arctic coastal management program. (31) VILLAGE PARTICIPATION. The villages located along the Beaufort Sea coast must be kept informed of petroleum-related and industrial ac- tivities so as to allow their full participation in the planning for and regulation of these activities through local, State and Federal regulatory procedures. (32) IMPLEMENTATION. The Borough will adopt ordinances or other legal authority necessary to implement these Objectives and Policies. These ordinances or authorities will establish standards for where, when and how petroleum-related and other industrial activities will be permitted. These standards should address, but not be limited to, the following: siting criteria, habitat protection, geophysical hazards, water, noise and air pollution, barrier islands, seasonal restrictions, drilling safeguards and enforcement. The preparation of this report was financed in part by funds from the Al aska Coastal Management Program and the Office of Coastal Zone Management, Na- tional Oceanic and Atmospheric Administration, U.S. Department of Commerce, administered by the Division of Community Planning, Department of Community and Regional Affairs. NORTH SLOPE BOROUGH RESOLUTION SERIAL NO. 33-79 A RESOLUTION GIVING CONCEPT APPROVAL OF THE NORTH SLOPE BOROUGH DISTRICT COASTAL MANAGEMENT PROGRAM. WHEREAS, the North Slope Borough is, under the provisions of the Alaska Coastal Management Act of 1977, a coastal resource district required to develop and adopt a District Coastal Management Program; and WHEREAS, Assembly resolution serial no. 18-79, "A Resolution Adopting the Objectives and Policies for the Mid-Beaufort Coastal Area, North Slope Borough Coastal Management Program," was adopted on August 7, 1979; and WHEREAS, in accordance with the State's Guidelines & Standards,. S4 ignificant opportunities for public participation in the development of the District program have been provided through staff meetings held in the villages and Planning Co mmission public meetings and hearings field on March 6, April 2, June 4, July 2, and August 2, 3, 6 and 28,and Assembly public hearings held on July 10, September 11 and September 25, and subsequent public workshops in Anchorage with oil industry repre- sentatives, environmentalists and officials from State and Federal agencies, all of which public meetings, hearings and workshops have been held with prior announcements. All the meetings held on the North Slope were attended by Inupiaq translators and a film in Inupiaq, describing the District's coastal management program and the requirements of public participation in program development, was produced by the Borough and aired numerous times in Barrow and twice over satellite television throughout Alaska, and an outline of the proposed coastal management C Ordinance was Prepared containing translations in Inupiaq; and WHEREAS, the public records from all the above hearings were re- viewed by Borough staff and continuing opportunities were provided for coordination and review by Federal and State agencies and other 'persons with a significant interest in the District's coastal area; and WHEREAS, at least 60 days before giving conceptual approval to the District program, the District gave written notice to the Alaska Coastal Policy Council and persons who requested notice in writing, and so in- formed the public through required public media within the District, which meant that the Assembly could have given conceptual approval to the District program on September 18, 1979 but delayed doing so in order to hold further workshops; and WHEREAS, the North Slope Borough Assembly finds as follows: 1. To ensure maximum accessibility to the study materials while the - District program was being formulated, materials were made avail- able before being given staff review. Four separate drafts of the District Ordinance were printed for a total number of 1,000 copies printed by contract and given wide distribution, not including day- to-day xeroxing. The preparation of the District program was not done in a piecemeal fashion; it consisted of a series of updated drafts, all of which were discussed at meetings held.continuously with interested parties consisting mostly of representatives of State and Federal agencies and the oil and gas industry; 2. The District program is not duplication of existing State and Federal studies and regulations. Locally funded baseline studies, not undertaken by responsible State or Federal agencies, have been conducted on oil and gas exploration and development opportunities 2 within the Borough, and land and water uses, including subsistence activities and the preservation of cultural values and historic sites. At the public hearings and workshops held in Barrow and Anchorage during the formulation of the District program, State and Federal agency representatives emphasized that the enforcement of State and Federal laws relating to oil exploration and production activities on public lands is deficient and encouraged the Dis- trict, through its coastal management program, to establish a surveillance program to correct this. The implementation of the District program could be tied in with the implementation of other State and Federal programs; the Borough would be pleased to par- ticipate in the development of such joint efforts. Joint local, State and Federal implementation should, therefore, be fully analy- zed to determine its advantages and disadvantages. In the mean- time, however, the District must work closely with State and Fed- eral agency representatives to ensure a smooth and thorough mon- itoring of the District program. The Beaufort lease sale area is far removed from major State and Federal agencies. It is not realistic to expect that government centers in other parts of Alaska and in Washington, D.C. can, on a day-to-day basis, protect resource values on lands where development is occurring without adequate surveillance. If the Borough does not reinforce its pres- ence in oil and gas leasing activities through its coastal manage- ment program, it will abdicate its power to the State and Federal governments. This is not acceptable because powers have been specifically delegated to the Borough for planning and zoning under State law, and lawsuits could be brought against the Borough for not having exercised its powers and implemented adequate regulations; 3 3. The DistricL, program has set March 31 as the cut-off date for down- hole drilling in offshore areas. I t is the Borough's understanding that the State and Federal governments have proposed that date restriction only for the area beyond the barrier islands, and-only for a period of two years. This State and Federal restriction does not substitute for the protection the District program is proposing through requirements for directional drilling, testing of struc- tures and the completion of scientific studies before it is impos- sible to gather baseline data, and tract deletions. Further dis- cussions between the Borough Assembly and State and Federal offi- cials should take place on down-hole drilling cut-off restrictions; 4. There is considerable industry opposition to using the Corps of Engineers' definition of the flood-plain being the area subject to one percent or greater chance of river flooding in any given ye'ar@ We would propose interim studies for the identification and dev- elopment of Arctic land use standards for flood-plains, with par- ticipation by appropriate interests. The costs for interim flood- plain identification and land use standards should be considered as part of the implementation effort funded by the Alaska coastal management program; 5. The Borough has, under its land entitlements, selected Cross Island, portions of Prudhoe Bay, and the Haul Road corridor. The District program constitutes the Borough Land and Water Use Plan on how the activities on these Borough selected lands should be regulated; 6. The District program is consistent with Assembly Resolution 30-79, "A Resolution Relating to the Deletion of Certain Portions of the 4 C Proposed Beaufort Sea Lease Sale and Imposition of Surface Res- _,_.--trictions on Other Areas of the Proposed Sale", adopted on October 9, 1979. This resolution addresses restricting surface entry and deleting tracts beyond the barrier islands in the.lease sale'-�ched- uled to be held in December 1979, while permitting the testing of structures and facilities for scientific research. The preserva- tion of the cultural values of the Inupiat living in the vicinity of the Beaufort Sea will not be possible without Inupiat partici- pation and incorporation into the preparation and implementation of the coastal management program. The District program is necessary for the Borough to efficiently achieve goals not now being met by State and Federal agencies; 7. Preparation of the District program represents a continuous process which, in later updates, should address, among other issues, long- term access for non-leaseholder land interests; recreation; noise pollution; studies of fish, seal, polar bear, beluga and bowhead the investigation of specific sites for their suitability as energy facilities, and historic and cultural resources; 8. The Borough intends to proceed with the development of District programs for those portions of the coast not addressed in the mid- Beaufort segment. NOW, THEREFORE, BE IT RESOLVED that, prior to submission to the Alaska Coastal Policy Council, the Borough Assembly give conceptual approval to the District program, pursuant to 6 AAC 80.120(d), which consists of the following segments: Objectives & Policies, Resource Inventory and Analysis, Land/Water Use Plan (text and map), Ordinance 5 and Ordinance Maps entitled, "Coastal Zone Districts (and Sub-Districts) BE IT FURTHER RESOLVED that the Borough Assembly reserves the right to make changes in its conceptually approved program prior to its adoption by Borough ordinance. INTRODUCED: October 30, 1979 ADOPTED: October 30, 1979 11.0 B ADAMS, PRESIDENT ATTEST: BOROUGW CLERK MAYOR EBEN HOP ON @ON AYOR EBEN HOP Received Jan 08, 1980 The undersigned does hereby certify that the OCM NSB Resolution # 4-80 is a true and correct copy of the official of the North Slope Borough on file in the office of the Borough Clerk. Barrow, Alaska, this 18th day of Jan, 1980. BOROUGH CLERK NORTH SLOPE BOROUGH RESOLUTION SERIAL NO. 4-80 A RESOLUTION WITHDRAWING CONCEPT APPROVAL OF THE NORTH SLOPE BOROUGH'S DISTRICT COASTAL MANAGEMENT PROGRAM WHEREAS the Borough conceptually approved its Coastal Management Program by Resolution 33-79 on October 30, 1979 and forwarded the program to the Coastal Policy Council for further approval and forwarding to the Legis- lature. WHEREAS numerous meetings and hearings have been held with the Council and its staff, office of Coastal Management, to review the Borough's program; WHEREAS questions have arisen as to the Program's consistency with the guidelines and standards of the State's Coastal Managment Act that may lead the Council to disapprove the Program as submitted; WHEREAS the Borough does not desire to see the Program disapproved at this time in a manner that my jeopardize the work that has been completed to date. NOW THEREF0RE BE IT RESOLVED: 1. The North Slope Borough hereby withdraws its Coastal Management Program from further consideration by the Alaska Coastal Policy Council at this time and rescinds its conceptual approval of the Coastal Program as contained in Resolution 33-79. 2. The Borough requests the Alaska Coastal Policy Council to with- hold formal action on the Borough's Coastal Proqram and to work closely with the Borough to develop an approvable Coastal Program. 3. The Borough further requests the State of Alaska to provide ade- quate financial and resource support to the Borough, and all local coastal management districts, to carry out further work on the Coastal Program for all of its coastline. INTRODUCED: January 19, 1980 ADOPTED January 18, 1980 PRESIDENT OF ASSEMBLY EBEN HOPSON, MAYOR ATTEST: BOROUGH CLERK 15807 The white man have to learn how Inupiaq live. The Inupiaq never live in only one place. They always move to wherever theres animals whether it's summer or winter. He might spend a winter here or there and he would learn what animals are usually where, like fish or ducks, so he would go there to hunt them. They don't spend one whole year in one place or spot. He doesn't spend the whole winter in his house. That's how the Inupiaq live, because they have no money. They live on only animals. This is what the white man must understand. They don't live in just one place. They go where theres good hunting wherever that might be, and it wasn't just us. It was whoever lives around the area. Theres many places where many people lived around there in those days. Walter Akpik Sr. Atkasook Resident COASTAL ZONE INFORMATION CENTER ORDinAn(E COASTAL MAnAGEMEnT PROGRAM nORTH SLOPE BOROUGH North Slope Borough Assembly Concept Approval Resolution No. 33-79 CONTENT 19.22.030 Designation as Areas Which Merit Special Attention 19-22-040 Prohibited Uses 1. Section 19.16.010 of the North Slope Borough Code is amended to add new districts. COASTAL MANAGEMENT DISTRICTS ESTABLISHED Section 19.16.010 of the North Slope Borough II. Chapters 19.17, 19.18, 19.19, 19.21 and 19.22 code is amended are added to the North Slope Borough Code. to add paragraphs D,-E, F, G, and H, as follows: D. CZ, coastal zone district; Chapter 19.17 CZ Coastal Zone District E. PSB , petroleum service base and production Sections 19.17.010 Regulations Generally district; 19.17.020 Purpose 19.17.030 Definitions F. C, conservation district; 19.17.040 Subsistence Designation 19.17.050 Coastal Management G. GH, geophysical hazard district; Administrator: General 19.17.060 Permitted Uses H. DD, deferred development district. 19.17.070 Special and Conditional Uses 19.17.080 Conditional Use Criteria COASTAL MANAGEMENT REGULATIONS 19.17.090 Prohibited Uses 19.17.100 Exploration Plans There are added to the North Slope Borough code 19.17.105 Rehabilitation Required chapters 19.17, 19.18, 19.19, 19.21, and 19.22, 19.17.110 Special Use Permit: which are to read as follows: Coverage; Term; Amendment and Renewal - Chapter 19-17 19.17.120 Special Use Permit: Standards CZ COASTAL ZONE DISTRICT 19.17.130 Special Use Permit: Applications 19,17,010 Regulations Generally The regulations 19.17.140 Special Use Permit: in this chapter shall apply to Ue CZ , including Approval and Denial other districts located within the CZ, unless 19.17.150 Special Use Permit: otherwise specified. Regulations elsewhere Conditions established for RD, RI, or HRD districts are 19.17.160 Special Use Permit: superseded, where such districts or portions thereof Revocation and Suspension are located within the CZr to the extent they are 19.17.170 Local Consultation inconsistent with regulations established in this 19.17.180 Procedures in Lieu of chapter. Permit Adjudication 19.17.190 Emergencies 19,17,020 Purt)ose. The purpose of the CZ is to 19.17.200 Fees enable effective management of the Borough's coastal 19.17.210 Special Use Permit and area in accordance with the Alaska Coastal Plan Application Management Program and applicable objectives and Procedures policies adopted by the Borough. 19.i7.220 Penalties 19,17,030 Definitions. As used in this chapter Chapter 19.18 PSB Petroleum Service Base and in chapters 19.18, 19.19, 19.21, and 19.22: & Production District A. "Active river channel" means a portion of a Sections 19.18.010 Regulations Generally river where there is water flowing during 19.18.020 Purposes mid-July. 19.18.030 Designation as Areas Which Merit Special B. "Administrator" means the Borough Coastal Attention Management Administrator appointed pursuant to 19.18.040 Permitted Uses section 19.17.050. 19.18.050 Conditional Uses C. "Barrier island" is any natural offshore island in the CZ. Chapter 19.19 GH Geophysical Hazard District D. "Best available technology" is the most effective technology currently feasible to use in Sections 19.19.010 Regulations Generally the industry. 19.19.020 Purpose 19.19.030 Designation as E. "City" means any city incorporated under Geophysical Hazard Areas the laws of the state of Alaska or any village 19.19.040 Designation as Areas recognized under the Alaska Native Claims Settlement Which Merit Special Act. Attention 19.19.050 Prohibited Uses F. "Coastal wetlands" means aquatic habitats that occupy low areas bordering the sea, within a zone directly influenced by salt water, and Chapter 19.21 C Conservation District supporting characteristic salt-tolerant vegetation. Sections 19.21.010 Regulations Generally 19.21.020 Purpose G. "Commission" means the Planning Commission 19.21.030 Designation as Areas of the North Slope Borough. Which Merit Special Attention H. "Feasible" means possible to achieve 19.21.040 Special Uses without causing extraordinary problems of extreme magnitude. 19.21.050 Prohibited Uses 19.21.060 Special Area Designation I. "Floodplain" means the low land bordering a river which is subject to a one percent or greater chance of river flooding in any given year; or when Chapter 19.22 DO Deferred Development sufficient data to identify this area cannot District feasibly be obtained, the floodplain will be recognized as the area bordering a river where the Sections 19.22.010 Regulations Generally effects of periodic flooding are evident in scouring 19.22.020 Purpose of vegetation or deposition of river-borne material. J. "Geophysical hazards" include flooding, formed through subsidence of the ground due to storm surges, earthquakes, geological hazards, repeated thawing and freezing of permafrost.. unstable ground conditions, landslides, erosion, and ice hazards. AA. "Use of state concern" has the same meaning as in AS 46.40.210(6) (Section 4, Ch. 84 SLA K. "Geophysical petroleum exploration" means 1977). seismic, magnetic, gravimetric, and other such surveys used to detect or imply the presence of oil BB. "Water-dependent use" has the same meaning or natural gas preliminary to and not including as in 6 AAC 80.900(17). drilling. CC. "Wetlands" means areas that are inundated L. "Gravel" includes silt, sand, gravel, and by surface or ground water with a frequency rock. sufficient to support and under normal circumstances do or would support a prevalence of vegetative or M. "Historic or cultural" includes pertaining aquatic life that.requires saturated or seasonally to past or present human subsistence uses, saturated soil conditions for growth and activities, and needs; a "cultural site" includes a reproduction; "wetlands" shall include those areas site used for carrying out subsistence activities which are recognized to be wetlands by the U.S. Army such as subsistence hunting, fishing, and trapping. Corps of Engineers. N. "Including' means including but not limited DD. "Wildlife" includes terrestrial mammals, to. marine mammals, birds, and fish. 0. "Industrial activity" includes any activity 19.17.040 Subsistence Designatio n. conducted as part of or in support of any petroleum exploration, development, production, or The CZ, except'for the PSB, is designated as a transportation. subsistence zone for purposes of 6 AAC 80.120(c) P. "Industrial facility" includes any facility and (d). used in or in support of any industrial activity. Q. "Offshore" means seaward of the mean high tide line 'on the seacoast and includes all land on 19,17,050 Coasl Administrator: barrier islands. General. R. "Person" includes a natural person, A. The Borough Mayor shall appoint and the association, firm, corporation, and government or Borough Assembly must confirm a Coastal Management government agency. Administrator, who shall exercise such functions as are prescribed in this chapter. The Administrator S. "Petroleum' includes both oil and natural may have such staff and assistants as may be gas. necessary. T. "Petroleum development" means those B. The Administrator may from time to time activities which occur following discovery of recommend to the Commission and the Borough Assembly petroleum in paying quantities, including drilling, such additional standards and restrictions as he construction of platforms, and operation of support determines are appropriate to effectuate the facilities, and which are for the purpose of purposes of this chapter. ultimately producing the petroleum discovered. C. The Administrator may 'develop and make U. "Petroleum exploration" includes geophysical available to the public interpretive guidelines to exploration and any drilling, whether on or off assist in the administration of his duties and known geological structures, for the purpose of responsibilities. searching for or detecting petroleum, including the drilling of a well in which a discovery of petroleum 19.17-060 Permitted Uses. in paying quantities is made and the drilling after such discovery of any additional delineation well A. The following uses are permitted in the CZ which is needed to delineate any reservoir and to without the need for any permit otherwise required enable a determination whether to proceed with in title 19: development and production. 1. All hunting, trapping, fishing, camping, v. *Petroleum production" includes removal of food gathering, and other such traditional petroleum from the reservoirs where it has been subsistence uses discovered, field operations, gathering petroleum from wells to treatment and separation facilities, 2. Temporary recreational and operation monitoring, maintenance, and workover nonpetroleum- related scientific activities which do drilling. not damage wildlife habitat or interfere with W. "Petroleum-related activity" includes any traditional subsistence activities. activity conducted in connection with petroleum B. This section is not intended to diminish exploration, development, production, or any rights which property owners may have to transportation, including logistic support, restrict the activities of others, including the use associated transportation of persons, equipment, or of firearms, in the vicinity of petroleum material, power generation or transmission, production facilities in order to prevent hazards to extraction of water or gravel, discharge or disposal life and property. of waste, housing of employees, supply storage, operation of airstrips or docking facilities, and 19,17,070 Special and Conditional Uses. The construction of facilities used in connection with following uses in the CZ may be permitted only by petroleum exploration, development, production, or permit as provided in this section, except where transportation. such uses are otherwisE prohibited within conservation districts, geophysical hazards X. "Petroleum-related facility" includes any districts, or deferred development districts: facility used in connection with petroleum exploration, development, production, or A. By special use permit issued by the transportation, including roads, storage areas, Administrator as provided in this chapter: drilling structures, employee housing, offices, airstrips, pipelines or gathering lines, power 1. Petroleum-related facilities and generation or transmission facilities, and gravel activities which are located outside a PSB. mining facilities. 2. Construction and operation of Y. "Petroleum transportation" means the experimental structures not used in or in connection movement of petroleum from a production facility to with petroleum exploration, development, another location, using pipelines or other means. production, or transportation, the purpose of which is to gain knowledge relevant to the design, siting, Z. "Thaw lake" is a lake basin which has been construction, and/or operation of facilities to be 2 used in future petroleum exploration, development, 5. Anticipated number of persons to be production, or transportation. employed in both drilling and service or support operations. B. By conditional use permit issued by the commission as provided in section 19.48.015: 6. Anticipated transportation routes, including air, water, and surface, and frequency 1. Industrial facilities and activities, such routes will be traveled. other than those described in subsection A of this section. 7. Approximate requirements for gravel, water, fuel, and other major resources and supplies, and anticipated methods for meeting such 19,17,080 Conditional Use Criteria. A requirements. conditional use permit for a use described in section 19.17.07@(B) may be issued by the planning 8. An explanation of the steps to be taken commission only if the commission finds that: to plan cooperatively with other persons conducting A. The proposed use will meet all applicable petroleum- related activities so as to minimize criteria established in 6 AAC Chapter 80; and, duplication of facilities and to site facilities and activities in a manner which takes into account B. The proposed use will not significantly cumulative requirements for gravel, water, waste damage subsistence resources or activities. disposal, and support activities to the extent , not inconsistent with anti-trust laws. 19,17-090 Prohibited uses. The following uses are prohibited in the CZ: 9. The location of all Native allotments for which application is pending or for which title A. Housing or other residential facilities, has been granted under applicable provisions of except for short-term accommodations for employees federal law and which are located within the area during their workshifts and for business visitors. covered by the Exploration Plan, based on a search of relevant federal and local records. 19.17,100 ExRloration Plaaa. A. 1. Not later E. 1. A single Exploration Plan may be than one year following acquisition of a lease or submitted covering one or more lease tracts or other geographical units. other right to conduct petroleum exploration in or seaward of the CZ, the holder of such lease or right 2. A single Exploration Plan may be shall submit to the Administrator a petroleum submitted by one or more persons proposing to Exploration Plan under this section. In the case of conduct joint or cooperative exploratory activities. a lease or right held prior to the date this chapter is enacted, an Exploration Plan shall be submitted F. The person submitting the Exploration Plan not later than twelve months following enactment. shall also submit at the same time a list of every exploration plan or similar document relating to the 2. The Administrator may extend the subject of the Exploration Plan which has been deadline for submission of an Exploration Plan where submitted to any state or federal agency. A copy of the holder of the lease or right in question each such document shall be made available to the certifies in writing that he does not intend to Administrator promptly upon requ@st. commence operations, other than geophysical exploration, for at least one year following the G. To the extent that a document submitted to a submission of the Exploration Plan. state or federal agency -contains information required to be submitted under this section, a B. No person may apply for a special use person submitting a Plan under this section may permit in connection with petroleum exploration comply with the information requirements herein by other than geophysical exploration unless an submitting a copy of such document. Exploration Plan has been submitted to the Administrator under this section. H. 1. The submission of an Exploration Plan does not obligate the Administrator to issue any C. An Exploration Plan shall be designed: special use permit for activities or facilities 1. To apprise the Borough at the earliest referred to therein. practicable time of planned exploration activities 2.Submission of an Exploration Plan does and facilities in order to enable the most effective not obligate the person submitting it to conduct any planning. exploration activity covered thereby. Howeverr pursuant to section 19.17.130(B) (3), an applicant 2. To maximize the opportunity for for a special use permit will be required to consistent planning by various parties intending to demonstrate consistency with or explain the reasons conduct petroleum exploration so as to permit for any significant deviation from the contents of the efficient consolidation of facilities@ avoid Plan. needless duplication, and minimize adverse impacts on the coastal environment. 3. The person submitting an Exploration 3. To provide for early identification and Plan to the Administrator shall inform the avoidance of potential problems and resource Administrator in writing at least annually of conflicts, and for early consultation among the significant changes in the Plan. Borough, the industry, and other interested parties for the purpose of ensuring that the requirements of 4.' The Administrator may require amendment this chapter will be met in an efficient manner. of an Exploration Plan to include or address significant changes in available information D. Each Exploration Plan shall include: relating to petroleum exploration in the CZ and its environmental effects, or significant changes in 1. The proposed type and sequence of major other conditions affecting or. impacted by activities expected to be undertaken together with a exploration pursuant to such Exploration Plan. tentative timetable for their performance from commencement to completion. S. Submission of any amendment or. annual report pursuant to this subsection shall be governed 2. A description of the drilling structures by the same provisions of this section which govern expected to be used, with special attention to the Exploration Plan itself. safety features and pollution-prevention and control features. 6. The Administrator shall promptly provide copies of all Plans, reports of significant changes, 3. Approximate number and probable surface and amendments received under this section to the location of wells to be drilled. Planning Commission. 4. Anticipated location, size, type, and number of other facilities, including roads and 19,17.105 Rehabilitation Reguired. facilities located in the PSB. A. Any person who constructs or operates an 3 industrial facility or who conducts an industrial paragraph (1), a single permit may be issued activity in the CZ must, when use of the facility or covering all related facilities and activities the activity is completed, carry out habitat proposed in connection with a development program rehabilitation to restore all affected areas as for a single oil or gas field. nearly as feasible to their natural state as wildlife habitat. B. Permit Ter B. A rehabilitation program under this section A special use permit shall be valid for the shall be designed to achieve the following duration of the covered activities. objectives: C. Amendment. 1. Whenever the holder of a 1. Prevention of water pollution, erosion, special use permit proposes to modify the activities and sedimentation, including removal of or facilities covered by the permit in a manner not oi I- contaminated or cbem ical- contaminated materials. contemplated in the permit, the bolder shall submit an application to amend the permit. An application 2. Restoration of natural surface water to amend a special use permit shall be governed by flow and drainage patterns. the same provisions applicable to the permit itself, except that: 3. Restoration of vegetation, including replacement where necessary. a. The application need contain only that information relevant to the proposed change; and 4. Restoration of surface alterations, including regrading the surface to natural contours b. If the Administrator finds that the proposed where necessary. change would not significantly'affect the nature 'of the operations covered by the permit or negatively 5. Assurance of unimpaired wildlife access alter the operations' impact on environmental or subsistence values, he may decline to hold a public and use. hearing on the, application. However, a public 6. Prevention of permafrost thawing. meeting shall be held on the amendment if specifically requested by a city council of a city 7. Restoration of scenic and aesthetic within 150 miles of the proposed activity or by five values. or more interested persons within the North Slope Borough. 8. Removal of man-made facilities and 2. An amendment to a special use permit may restoration of other surface alterations, except not substantially enlarge the scope of the where a facility will be used for another bona fide purpose or where the environmental effects of activities or facilities authorized thereby. removal are likely to be more deleterious than those 19-17,120 Special Use Permits: Standards. of leaving it in place;'and Special use permits may be issued only in accordance with the applicable standards and restrictions 9. Consultation with surface land owners, established in this section. including allotment owners. A. General. The following standards and C. Each person'subject to this section shall restrictions apply to all facilities and activities, consult with the Administrator on the rehabilitation of whatever nature, requiring a special use permit. program prior to completing use of the facility or activity in question, and where possible at least 1. All applicable Federal, State, and eighteen months prior to such completion. local laws, ordinances, regulations, permit terms and conditions, and lease terms and stipulations must be complied with. 19,17,110 Special Use Permit# Coverage: Terms 2. Employee training. Amendment and Renewal. a. The permittee must ensure that all A. Permit Coverasm. employees who work primarily in the CZ, including those of contractors and subcontractors, are 1. Except as otherwise provided herein, a adequately trained to: separate special use permit must be obtained from the Administrator for petroleum- related facilities (i) operate and maintain equipment, and activities in the CZ in each of the following and to implement emergency procedures, so as to categories: prevent pollution; and a. Geophysical petroleum exploration; (ii) understand the potential adverse environmental, social, and cultural effects b. Petroleum exploration other than of their activities; have knowledge of the ways of geophysical exploration; avoiding or minimizing them; and understand the C. Petroleum development; importance of doing so. b. The permittee shall conduct an d. Petroleum production; employee training program which meets the following e. Pipelines, other than gathering lines requirements: within a single oil or gas field which are covered (i) The program shall be designed to by a permit under category (c) or (d); inform each employee, of specific types of f. Roads, including causeways, other than environmental, soc'ial, and cultural concerns which temporary ice roads which are covered by a permit relate to the employee's job. The program shall under another category; also be designed to increase the employees' sensitivity to and understanding of community values, customs and modes of living in or near the g. mining or extraction of gravel or CZ, and shall include consideration of the other minerals. relationship between Native residents of the region and local land and offshore habitats and wildlife, 2. Within category (a) of paragraph (I)p a including information about current and traditional single permit may be issued covering all related land use and subsistence patterns. facilities and activities proposed in connection with an exploration program for a single season. (ii) The program shall be formulated and implemented by qualified instructors 3. Within category (b) of paragraph (1), a experienced in each pertinent field of study and single permit may be issued covering all related shall employ effective methods to ensure that facilities and activities proposed in connection employees understand and use techniques necessary to with a single drilling operation. preserve archaeological, geological, cultural, and biological resources. 4. Within categories (c) and (d) of 3. Siting. restrictions in subsection (A) of this section, the following special standards and restrictions apply a. Facilities and activities must be to all facilities used and activities conducted in located or routed to avoid, to the extent feasible, connection with petroleum exploration other than areas where sensitive wildlife activities are geophysical exploration. concentrated, including breeding, denning, pupping, calving, staging, rearing, spawning, nesting, 1. Except for the construction of molting, and overwintering areas. To the extent not artificial islands when permitted under this precluded by federal or state law, the Administrator section, only temporary structures, may specify transportation routes or corridors facilities, or surface alterations are permitted. necessary to achieve this objective. For the purposes of this paragraph, temporary structures include gravel drill pads but do not b. Facilities and activities must be include gravel roads. located and undertaken to avoid significant damage 2. Except for temporary ice roads, waste to historic, cultural, or archaeological sites and significant interference with subsistence use. disposal, and gravel or water extraction, or as provided in (a) below, the only facilities permitted c. Where feasible, onshore facilities are @ssential drilling site facilities; support or and activities must be located at least three miles service facilities other than those included in inland from the CZ shoreline. Where feasible, essential drilling site facilities shall bib confined offshore facilities not on a barrier island must be to the PSB. located seaward of the two meter isobath. a. Notwithstanding this restriction, d. Facilities and activities which temporary storage facilities for equipment and are not water-dependent must be located or supplies used at nearby drilling operations may be undertaken at least 500 feet from any river. permitted, where the reduction in transportation requirements will offset the environmental e. No facilities may be located in disturbance attributable to such facilities. rivers, except for road crossings, pipeline or b. For purposes of this paragraph, an gathering line crossings, and water extraction as essential drilling site facility" is a facility those activities are permitted under this chapter. which is located at or in the immediate vicinity of f. Except for facilities which must a petroleum drilling structure, is essential for use be situated at an offshore operation permitted under in the drilling operation at which it is located, this chapter, oil or fuel storage facilities may not and cannot feasibly be located elsewhere. be located closer than 1500 feet from a river, stream, or other body of flowing water; the CZ 3. Siting. shoreline; or a lake or pond which supports a fish population other than stickleback. 'this prohibition a. Use of a barrier island will be permitted does not apply to short-term fuel supplies located only where the applicant for the special use permit at and used in petroleum drilling operations. demonstrates that itshabitat values, including the free movement of wildlife and wildlife access, will 9. Where feasible, activities and not thereby be significantly impaired. In addition, facilities must be located outside floodplains and gross alterations to a 'barrier island, such as the following types of wetlands: coastal wetlands; raising the freeboard or altering or reinforcing vegetated shorelines of deep ponds or lakes; and the shoreline, will be permitted only where the large partially drained basin complexes. applicant demonstrates that: h. Facilities and activities must be W The overall environmental located and undertaken to minimize property damage effects will be less harmful than the available and protect against loss of life which may result alternatives, including use of an artificial island from geophysical hazards. or other offshore drilling structure; and i. Facilities and activities must be (ii) The alteration will not located outside the boundaries of Native allotments contribute significantly to erosion of the island or for which application is pending or for which title of other barrier islands, shoals or reefs, or has been granted under applicable provisions of significantly reduce sediment deposition at other federal law, unless the permission of the applicant barrier islands, shoals or reefs. or grantee and any other permission required by law has been obtained. 4. Seasonal restrictions. 4. Scheduling of Activities. a. Down-hole drilling operations conducted offshore or within 300 feet of the CZ Activities must be scheduled so as to shoreline are permitted only between November 1 (or minimize, to the extent feasible, conflicts with the date by which stable shorefast ice is present in sensitive wildlife functions. The Administrator may the vicinity, whichever occurs later) and March 31. specify seasonal restrictions necessary to achieve this objective. 5. Design and operation of drilling structures and rigs. B. Geonhysical exploration. In addition to the standards and restrictions in subsection (A), a. Each drilling operation and structure the following special standards and restrictions must be designed so as to use the best and safest apply to all facilities used and activities available technology for purposes of preventing conducted in connection with geophysical blowouts and spills and for purposes of minimizing exploration. overall harm to the environment. For the purposes of this paragraph, safest and best available 1. Seismic exploration is not permitted in technology may include oil spill containment areas and at times when it may disturb bowhead barriers. whales or other species designated under the Endangered Species Act as endangered or threatened. 0. In addition to the requirements of 2. Seismic exploration is not permitted subparagraph (a) above, the use of artificial gravel islands in lagoon areas or river deltas will not be offshore in areas where water depth exceeds eighteen permitted unless the applicant demonstrates that the feet, between March 20 and the break-up of sea ice. cumulative impact of an island together with all other artificial islands constructed or for which 3. Activities must be conducted so as to application has been made: avoid significant surface damage and to prevent significant disturbance or displacement of wildlife. M will not impair the functioning of the lagoon area's or river delta's natural 4. The use of high explosives for seismic systems, including: water circulation, nutrient exploration is not permitted. - flowf sediment transport, and movements and feeding C. Petroleum exploration other than relationships of organisms; and geophysical. In addition to the standards and (ii) will not lead to the filling in of 5 lagoons or the erosion of barrier islands. (vi) A description of the personnel and organization to be used in controlling and c. Any artificial island permitted to be correcting discharges, which shall include: constructed must be removed, and the affected areas restored, promptly after drilling operations are (A) Specification of an oil or completed, unless the applicant demonstrates either chemical discharge response operating team that the island will be used for additional consisting of trained, prepared, and available exploration or production purposes or that the operating personnel; environmental effects of removing the island are likely to be more deleterious than those of leaving (B) Predesignation of an oil or it in place. chemical discharge-response coordinator who has the responsibility and commensurate authority for d. Each drilling operation must have directing and coordinating response operations; continuously in effect a blowout or oil spill control and cleanup plan and capability meeting (C) A designated location for an oil federal, state, and local requirements. This plan or chemical discharge-response operations center; must be capable of meeting any subsequently adopted (D) Specification of a reliable local oil spill control and cleanup plan as well as communications system for directing coordinated the following requirements: overall discharge-response operations. (i) An analysis of the possible types (vii) Commencement of relief ell and magnitudes of oil or other chemical discharges w drilling in the event of a blowout as expeditiously and their effects including transport mechanisms and as possible, and within the shortest of the routes of discharged substances. following time periods: (ii) A description of a system designed to ensure continuous monitoring of operations that (A) In time to prevent significant could result in an oil or chemical discharge and irreparable environmental damage; and designed to ensure prompt detection of any such (B) In the case of offshore discharge. The system as described shall include a current list of names, telephone numbers, and operations, in time to control the blowout prior to addresses of the responsible persons and alternates spring breakup. who are on call and designated by the applicant to receive notification of a discharge, as well as (viii) Effective containment, recovery, names, telephone numbers, and addresses of and disposal of oil, in the largest amount that regulatory organizations and agencies which will be could be released, and under as many of the notified when a discharge is discovered. following conditions as could occur: on surface of ice or land, in open water, in ice-infested water, (iii) A description of the procedures and under the ice. to be followed in the event of a discharge which shall separately address each of the following (A) For purposes of this conditions under which oil or chemicals could be requirement, if reliable information about flow released: surface of ice or land; open water; rates from a reservoir being penetrated is not ice-infested water; or water under the ice. The available, then the largest amount of oil that could description shall further address in detail the be released must be, estimated on the assumption that proposed -- the rate of release would at least equal the greatest unrestricted flow rate experienced among (A) Methods for bringing a well wells previously drilled in reservoirs within the under control, including detailed plans for drilling CZ. relief wells; the relief wellplan shall denote the availability and identify the locations of relief (B) For purposes of this drilling rigs and materials for constructing relief requirement, 'disposal" means treatment, transport drilling pads-and structures, and shall describe the where appropriate, and discard of all oil and sequence, timingf and location of such relevant oil-contaminated materials in a manner which does activities as constructing and preparing a drilling not cause pollution of surface or sub-surface waters pad or structurer,transporting a drilling rig to the or otherwise cause significant harm to the appropriate site, setting up the rig, commencing environment. drilling, and achieving well control; (ix) Diversion of uncontrolled oil from (B) Methods for recovering and ecologically sensitive areas and treatment .and disposing of oil or other discharged chemicals from clean-up of contaminated shorelines and wildlife. affected water and surfaces, with particular attention to recovering oil from under the ice; and e. At all times each drilling operation must (C) Other corrective measures, have on-site an individual who has the including diversion of oil from ecologically responsibility to order emergency shut-down of down- sensitive areas, clean-up and restoration of hole operations in the event conditions, including contaminated areas, and treatment of affected ice and sea forces, threaten the integrity of the wildlife. structure or control of the rig. (iv), A description of the equipment and f. At all times each drilling operation must have in effect a system for accurately and materials which shall be kept available for use in continuously monitoring and, to the extent controlling and correcting discharges, including feasible, forecasting ice conditions, including ice identification of relief drilling rigs, pads, and movements and ice stresses exerted on the drilling structures to be used. This description shall structure. identify locations of equipment and materials, including construction materials g. All oil and fuel storage facilities must such as gravel be constructed and installed with impermeable where applicable; detail the methods of and times and detail a program prevent leaks, spills, and other releases from required for their deployment; barriers and spill recovery systems to effectively for regular inspection and maintenance of equipment reaching surface or subsurface waters. and materials. 6. Water. (v), An accurate assessment of the capabilities of the equipment and materials Any water source must be selected and described in (iv) which would be used to recover used to prevent significant adverse effects on discharged oil. This assessment shall address their natural surface water flow patterns, aquatic life, performance in recovering oil from under the ice, and sediment transport. from water containing broken ice from seas in storn conditions, and under other conditions which may 7. Waste disposal. occur at the drilling site. The assessment shall be based on actual operational or experimental testing@ a. No discharge of drilling muds or of equipment and materials under similar Arctic formation waters is permitted outside the PSB except conditions. by reinjection into the we'll bore or into subsurface strata in a manner which does not pollute surface or assessment shall focus upon the overall impacts of a subsurface waters. proposed action as well as upon site specific concerns. b. Discharge of other liquid waste to waters will be permitted only in a manner which 5. A survey of historic, cultural, and avoids significant damage to aquatic or marine life. archaeological sites in the areas to be affected, and plans to avoid damage to such sites. This c. Disposal of solid waste is not survey shall be based, to the extent feasible, on permitted offshore or in wetlands, except that information obtained from residents and subsistence drilling cuttings not contaminated with oil may be users of the areas to be affected. incorporated into artificial gravel islands in a manner which avoids the release of any toxic 6. A description of the employee training substances. program required under section 19.17 .120 (A) (2) . 8. Noise. 7. Any other information which the Administrator may need to evaluate whether the a. Emission of noise which disturbs proposed activities and facilities will comply with whales or any endangered or threatened animal the requirements of this chapter. species is not permitted. 8. A list of each permit, permit b. Best available technology to reduce application, lease, plan of operations, or other noise emissions consistent with the protection of such document relating to the proposed activities personnel safety must be used, unless the applicant and facilities which the applicant has submitted to demonstrates that the proposed facilities and or received from any state or federal agency. A activities will not significantly disturb wildlife. copy of each such document shall be made available D.Petroleum development. .(RESERVED) to the Administrator promptly upon request. 9 A certification by the applicant that he E.Petroleum Production. (RESERVED) is aware ;f the location of all Native allotments for which application is pending or for which title F.Pipelines. (RESERVED) has been granted under applicable provisions of federal law and which are located within the area G. Extraction of gravel. Extraction of gravel described in the application, based on a search of is not permitted from natural barrier islands or relevant federal and local records. reefs, beaches, within one and one-half miles on shore from the CZ shoreline, active river channels, B. Petroleum Exploration. 1. In addition to vegetated portions of river bars, or lakes which the requirements of subsection A, each application contain or support significant populations of fish. for a special use permit in connection with Extraction of gravel elsewhere is subject to the petroleum exploration other than geophysical following restrictions: exploration shall include- 1. Site selection and method of extraction 1. A statement of the number of persons must be based on a survey and analysis of feasible expected to be employed at various times, including alternative sites and methods. Site survey must be those to be employed in the PSB; the nature of work performed during summer if feasible. The applicant shifts; and arrangements for accommodation in, and must select the site and the method of excavation transportation to and from, the CZ. which is demonstrated to present the least risk of environmental damage and the highest degree of 2. An analysis of substantially possible compatibility with surrounding land forms. geophysical hazards, and the response of the drilling structure and other facilities to such 2. Extraction of gravel which will result hazards, with reference to all data and studies upon in significant damage to wildlife habitat or which it is based. population will not be permitted. 3. A demonstration that proposed facilities 3. Following completion of gravel removal and activities are substantially consistent with the operations, areas affected by mining, other than Exploration Plan or an explanation of the reasons lake beds and ocean bottoms, must be graded along for any significant deviation therefrom. natural contours unless the permit specifies otherwise based on subsequent usage and C. To the extent that a permit application, environmental disturbance. plan, or other similar document submitted to a state or federal agency contains information required to H.Roads. (RESERVED) be submitted under this section, a person applying for a special use permit may comply with the I.ExoeKimental Structures. (RESERVED) informational requirements herein by submitting a 19.17-130 Soecial Use Permit: Applications. copy of such document. A. General. Each application for a special 19.17.140. SRecial Use Permit& Approval and use permit for activities in the CZ shall include: Denial. Pursuant to the procedures established 1. The name and address of the applicant, in section 19.17.210(A), an application for a special use permit shall be approved if the and of the operator of each portion of the covered application is complete and the applicant has facilities and activities if the operator is not the affirmatively demonstrated that all standards applicant; and the name(s) and address(es) of the contained in section 19.17.120 and other individual(s) authorized to represent the applicant requirements of this title have been met. on all matters pertaining to the permit sought. Incompleteness of the application or failure to 2. A description of the activities and affirmatively demonstrate that all applicable facilities proposed which is sufficient to enable standards contained in section 19.17.120 or other the Administrator to determine whether the applicant requirements of this title have been met shall and/or operator can meet pertinent standards and result in denial of the application. The restrictions. Administrator may approve an application for a special use permit with conditions to ensure 3. A description of the areas to be compliance with the applicable standards, including affected by the proposed activities and facilities. seasonal limitations on onshore activities and This description shall be based, among other things, offshore activities other than down-hole drilling on information obtained from residents and operations. subsistence users of the areas to be affected. 19,17,150 Special Use Permito ConditIM5. 4. An assessment of potential impacts on A. In addition to conditions which may be the environment and on subsistence resources and imposed pursuant to section 19.17.140(A), every activities, together with a description of plans and special use permit for a use in the CZ shall contain measures to avoid or minimize adverse impacts. This the following conditions: 7 I.a. That the permittee.shall report to the d. A permittee subject to a summary Administrator in writing within ten days of any suspension may request that the Administrator hold a failure to comply with any permit standard or hearing on 'the suspension pursuant to subsection condition; (E) . The Administrator shall hold a hearing as soon as practic@ble and not later ' th-an ten days b. That the permittee shall immediately following receipt of the request for the purpose of inform the Administrator, or such other Borough determining whether the suspension should continue' official or officials as the Administrator may or be terminated and i@hether the Permit should be specify, of any significant discharge of oil or revoked. - other chemical, any accident or other occurrence which threatens the integrity of a drilling 2. Suspension following hearing. The structure or rig or which threatens loss of control Administrator may order suspension following hearing of a well, or of any other emergency which pursuant to subsection (E) necessitates action permitted only under section 19.17.190; a. when he finds that a material violation exists, in which case the suspension shall C. That the permittee shall also promptly be for a period of time necessary to remedy the notify the Administrator. of any report submitted to violation; or any federal or state agency on the discharge of oil or other chemical or on any accident or other b. when he finds that a permittee has emergency, or on a failure to comply with any willfully violated a permit condition or engaged in federal or state law or regulation, permit term or material misrepresentation or failed to disclose condition, or lease term or stipulation. A copy of relevant facts, but that permit revocation is not such report shall be furnished to the Administrator warranted, in which case the suspension shall be for promptly upon request. a period of time which the Administrator finds is appropriate to ensure future adherence to permit 2. That the permittee shall allow the conditions or accurate and complete disclosure of Administrator or his authorized representative(s), relevant facts. upon the presentation of credentials, to enter upon the permittee's premises for the purpose of inspecting the facilities and activities, including C. The Administrator may, as part of or in monitoring for water pollutants, air pollutants, and lieu of a suspension order, impose additional permit noise emissions, and for evaluating whether permit conditions which he determines are necessary pr conditions have been complied with. appropriate to remedy a violation or to avoid future violations. 3. That the permittee shall make available D. Grounds for revocation and revocation to the Administrator or his authorized procedures. The Administrator may order revocation representative(s), . upon written request, for following hearing pursuant to subsection (E) inspection and copying, any records relevant to an evaluation of the permittee's compliance with the 1. when he finds that a violat- ion(s) requirements of this chapter. cannot practicably be remedied within a reasonable 4. That the permittee shall commence the period of time; or activities and facilities authorized under -the 2. When he finds that a permittee's permit within eighteen months of its issuance or the- conduct in willfully violating a permit condition or permit will expire. engaging in material misrepresentation or failure to disclose relevant facts is of such a nature that the 5. That the permittee shall comply with all permittee cannot reasonably be expected to voluntarily comply with permit conditions in the applicable standards and restrictions established in future or provide accurate and complete disclosure section 19.17.120. of relevant facts or otherwise to act in good faith under the permit. 19-17,160 Soecial Use Permit: Revocation and E. Hearings. zugpgn_s@- .A. The Administrator may, pursuant to this 1. A hearing under this subsection shall be section, suspend or revoke any special use permit, held not sooner than fifteen days following service in whole or in part, for violation of a permit of notice upon the permittee, except in the case of standard or condition, or for a material a hearing held following a permittee's request under misrepresentation in the permit application, or for subsection (B)(1)(d). failing to disclose fully all relevant facts before or after the permit is granted. A suspension or 2. Notice shall be in writing and shall revocation may provide for immediate cessation of specify the time, date, and place of the hearing and activities. the basis for the proposed suspension or revocation. B. Grounds for suspension and suspension 3. The hearing shall be governed by the procedures. provisions of section 19.17.210(C). 1. Summary suspension. a. The F. When used in reference to acts or omissions Administrator may order immediate suspension where relevant to permit suspension or revocation, the he finds that a violation is causing or poses a term "permittee" in this section includes a e" substantial risk of causing significant and permittee's employees, agents, contractors, and immediate injury to the public health, safety, or subcontractors. welfare, including injury to the coastal environment or subsistence resources. . %I b. Suspension shall be effective 19.17.170 Local Consultation. immediately upon receipt by the permittee's agent A. Every person required to submit an for service of process, or any responsible Exploration Plan shall carry out timely consultation supervisory employee of the permittee or pertinent with the relev@@nt city council . in accordance with contractor or subcontractor, of a suspension order, subsection B. For purposes of this section, ipecifying the subject of the order and the reasons relevant city council" means a council for a city therefore. The order shall be in writing. If the within 150 miles of the locus of the proposed use.- suspension order is served upon a supervisory employee other than an agent specified in the permit B. Procedures 1. Prior to submitting application, a copy of the order shall also be a Plan, or annual report of significant changes in serv:ed as soon as practicable upon the latter. the Plan, a person intending to submit such Plan or report shall provide to the relevant city council a c. A summary suspension shall expire copy of a preliminary Plan or report. The not later than fifteen days after receipt of the preliminary Plan or report shall include an suspension order. informative description written in a clear, simple manner. b. At the request of a city council or procedures and regulations: mayor, such person shall attend an informal public meeting in the city for the purpose of explaining 1. Concern the impacts of proposed actions and answering questions concerning the proposal, and on subsistence resources or activities; for the purpose of consulting residents of the city on their concerns, relevant knowledge, and 2. Provide for consultation with the recommendations regarding the proposal. if Borough concerning compliance or consistency with requested, such person shall provide for translation the standards contained in this ordinance; and between English and Inupiaq at the meeting. 3. Provide for adequate public notice of c. Following the meeting, and not later and opportunity for comment on the proposed action. than the time the Plan or report is submitted to the Administrator, such person shall provide the D. The Administrator shall issue public notice city council with a written summary of the results of an election to participate in the regulatory of the meeting, including objections and procedures of any state and/or federal agency in recommendations and responses. A copy of this lieu of conducting a separate special use permit document shall accompany the Plan or report adjudication within twenty days after an application submitted to the Administrator. is submitted. Public notice shall be given pursuant to 19.17.210(D) and shall include: d. The city council may submit its own summary of the results of the meeting to the 1. The name and address of the applicant; Administrator. 2. An informative description of the 2. In the event that a person required to subject of the application, including, where carry out consultation under this section fails to applicable, a summary description of the proposed receive a request for a meeting within twenty days activities and facilities, including their after submitting the preliminary Plan or report, the location(s) and relevamt time periods; person shall contact the council and the mayor and ask whether or not a meeting is desired. If the 3. A statement identifying where the answer is affirmative, the council shall have a public may inspect the application; meeting within thirty days and the person shall attend such meeting in accordance with the 4. A statement that the Administrator has provisions of this section. ' If the answer is elected to participate in state and/or federal negative, or if no meeting is held within thirty agency regulatory procedures in lieu of conducting a days, the person shall so certify in writing when he separate Borough permit adjudication; the names and submits the Plan or report and the requirements of addresses of the relevant state and/or federal this section shall be deemed to have been met. agencies; the specific regulatory procedures in which the Administrator will participate; a statement that public notice of and opportunities to C. Every person required to submit an comment on the state and/or federal agency application for a special use permit shall mail to regulatory procedures will be provided at a later the city council of each city within 150 miles of time; and a statement that the Administrator has the proposed activity a listing of all documents or found that participating in the state and/or federal materials contained in the application. Upon agency procedures in lieu of conducting a separate written request of the city council, the applicant Borough permit adjudication will adequately protect shall provide copies of any requested item on the the interests of the Borough. list to the relevant city. 5. A statement that any city council of a D. Copies of all decisions by the city within 150 miles, or five or more interested Administrator on permits, including revocation and persons within the North Slope Borough, may request suspension, shall be mailed to the city council of a hearing within 30 days of this notice. any city within 150 miles of the activity covered by the relevant permit. E. For the purposes of this section, the Administrator shall certify to a state or federal agency its preliminary findings as to consistency or 19-17-IRO Procedures in Lieu of Permit inconsistency no later than the close of the public Adiudication comment period on the permit or approval under consideration. Prior to making a preliminary A. Upon the request of the applicant, or upon finding, the Administrator shall consider the his own initiative, the Administrator may elect to testimony or evidence submitted at any city council participate in the regulatory procedures of state requested hearing. The. preliminary findings of and/or federal agencies in lieu of conducting a consistency or inconsistency shall be based on the separate special use permit adjudication under this criteria contained in 19.17.140. chapter. F. If the preliminary finding of the B. An applicant seeking a special use permit Administrator is of inconsistency, the Administrator for an activity or facility in the CZ may request may endeavour to resolve the inconsistency. consideration of state and/or federal regulatory G. Following final federal or state agency procedures in lieu of the Administrator's action on the permit or approval under independent permit review. The applicant shall consideration, or concurrent therewith, the indicate such request at the time of and as part of Administrator shall issue final certification of the application for a special use permit. In consistency or inconsistency. Final certification addition to the requirements of 19.17.130, the of consistency or inconsistency shall be based on application shall: satisfaction of the criteria contained in 19.17.140. The Administrator's failure to act within thirty 1. Identify the state and/or federal days following final state or federal agency action regulatory procedures that should be considered and the process for decision making, including shall constitute a finding of consistency by the opportunity for public review and comment; Borough. 2. Explain how the criteria in the state H. A certification of consistency or and/or federal agencies' regulations will adequately inconsistency by the Administrator shall operate protect the interests of the Borough; and respectively as a grant or denial of a special use permit application under this chapter. Upon a 3. Provide copies of the relevant state finding of consistency, the Administrator shall and/or federal permit applications. issue the applicant a special use permit. The provisions of 19.17.120, .130, .150, .160, .180, C. The Administrator may make an election .190, .200, .210(E), and .220 shall apply. The under 19.17.180(A) if he finds that the state and/or provisions of 19.17.110 are superseded by the federal agency procedures adequately protect the provisions of the state or federal agency permit or interests of the Borough. For the purposes of this approval, except that an application to amend or section, "adequately protects the interests of the renew a state or federal agency permit with respect Borough' means that state and/or federal agency to which the Administrator has certified consistency 9 shall be made to the Administrator at the same time Administrator shall issue public notice of the it is made to the state or federal agency. hearing. I. Nothing contained in this section is c. A public hearing on an application intended to restrict or limit the Borough's review' shall be held not sooner than fifteen days following of federal or state agency actions in, or affecting the first written publication of public notice of the coastal zone where an election to proceed under the hearing, or thirty days following the first this section is not made. written publication of public notice of the application, whichever is later, and not later than 19,17,190 Emergencies. A. Any other provision forty-five days following the first written of this chapter to the contrary notwithstanding: publication of public notice of the hearing. 1. A permittee may conduct emergency 6.a. The Administrator shall approve or operations necessary to avert danger to human life, disapprove an application within sixty days wildlife, wildlife habitat, or property. The following the close of the period for written permittee shall.make reasonable efforts to conduct comments. If at any time within ten days after the such operations in a manner that avoids or minimizes close of the period for written comments the significant harm to the environment, consistent with Administrator determines that additional information the need to protect human life. is required in order to evaluate whether the application will comply with the requirements of 2. In the event of a blowout or other this chapter and he submits a 'written request to the continuing and uncontrolled release of oil or gas, a applicant for such information, the time limits permittee may undertake emergency construction and established in this subparagraph will be tolled for other activities reasonably necessary to control and no longer than a total of thirty additional days. contain the flow of oil or gas, consistent with the approved oil spill or blowout contingency plan. b. If the Administrator fails to timely B. A permittee shall immediately inform the approve or disapprove an application, it shall be Administrator of any action taken pursuant to this deemed to be issued or accepted. All conditions section. provided for in section 19.17.150 shall apply to -such special use permits. 19.17.200 Fees. A. Each person applying for a special use permit or submitting an Exploration c. The Administrator shall explain in Plan under this chapter shall pay to the Borough an writing the basis for his decision on an application application fee in an amount to be established by and shall serve a copy of the decision on the assembly resolution pursuant to section 3.04.080 of applicant and any person who has requested a copy of the Borough code. the decision in writing. The Administrator shall, if he approves the application, issue at the Same time 19,17,210 Special Use Permit and Plan to the applicant a permit covering the activities or Application Procedures. facilities described in the application, with such exceptions as may be necessary to meet the A. Permit applications and Plans. requirements of this chapter and with such conditions as he may include pursuant to section 1. For purposes of this subsection: 19.17.140 and as are otherwise required under this chapter. a. "Application" means a special use permit application. 7. A copy of each decision on an application, of each Exploration Plan and change b. 'Applicant" means a person applying amendments thereto, and of each special use permit for a special use permit, shall be kept on file by the agency for public inspection. 2. a. An application shall be submitted in writing, shall be signed by the applicant or a B. Public hearings on permit applications. responsible agent thereof certifying its accuracy and completeness, and shall be accompanied by the 1. A public hearing under subsection (A) required fee. An application shall be considered as shall be held before the Administrator or his submitted when it is received in complete form by designee. the Administrator or his designee. 2. Reasonable provision shall be made for b. The Administrator shall prescribe the presentation of testimony or other relevant information by the person submitting the application the required form(s) of applications and make copies and by other interested persons. of the form(s) available upon request. 3. Witnesses may be questioned by the 3.a. The Administrator shall issue public official(s) holding the hearing and, at the notice of an application, in accordance with discretion of the presiding official, other persons. subsection (D) of this section, within - twenty days after its submission. 4. when the presiding official determines that translation between English and Inupiaq is b. A copy of the application shall be necessary to ensure full participation by interested made available for public inspection in the Borough persons, he may, by written request not later than offices. The Administrator may also make copies ten days before the hearing, require the person available for public inspection at other convenient submitting the application or Plan to provide for locations. such translation at the hearing. 4. The Administrator shall consider all C. Hearings on Permit Suspension/Revocation and written comments regarding a special use permit Civil Penalties. application which are received within thirty days of the first written publication of public notice or 1. A hearing held under this subsection within ten days after any public hearing on the shall be presided at by the Administrator or his application. designee. The hearing shall be conducted informally. Formal rules of evidence shall not -5.a. At the written request of the apply; however, the presiding official may exclude applicant or a city council of a city within 150 evidence which is irrelevant, unduly repetitious, or miles of the proposed activity or by five or more lacking in significant probative value. interested persons within the North Slope Borough received within thirty days of the first written 2. The parties..may be represented at the publication of public notice, the Administrator hearing by legal counsel. shall hold a public hearing on an application. The agency may also hold a public hearing on its own 3. The permittee may present witnesses and motion. other relevant evidence and argument, and may question any witnesses testifying at the hearing. b. Within ten days of a sufficient The presiding official may on his own motion permit request for a public hearing under (a) above, the other witnesses to testify and admit other evidence. 10 The presiding official and, at the presiding person may serve upon the Administrator a petition official's discretion, other Borough officials, may for reconsideration and a statement of reasons in question any witnesses testifying at the hearing. support thereof. If the petitioning party is not the applicant, the petition for reconsideration and 4. Upon the written request of the permittee statement of reasons in support thereof shall be made not later than three days before the hearing, served on the applicant at the same time that it is and if practicable if made upon a later request, the served on the Administrator. Administrator shall make available for examination at the hearing any Borough employee capable of 2. Within ten days following service of supplying relevant evidence or testimony. The the petition and statement of reasons in support Administrator shall also promptly make available to thereof on the applicantF the applicant may serve the permittee any documents relevant to the subject upon the Administrator and the petitioning party a of the hearing. responsive statement. 5. Upon the written request of the 3. Neither the submission nor granting of Administrator or the presiding official, if not the a petition for reconsideration acts as a stay of any Administrator, made not later than three days before decision of the Administrator unless the the hearing, and if practicable if made upon a later Administrator so directs. Applications for a stay request, the permittee shall make available for will be granted only when the petition raises examination at the hearing any employee or agent, serious and substantial questions regarding the including an employee or agent of a permittee's validity of the Administrator's decision and no contractor or subcontractor, with relevant evidence. significant harm to the public health or environment The permittee shall also promptly make availabl-e to will be caused by a delay. the Administrator or his designee any documents relevant to the subject of the hearing. 4. After granting a petition, and upon a review of the record, the Administrator will affirm, 6. A verbatim record shall be made of the modify, or reverse his decision under subsection hearing by electronic recording or stenographer. 19.17.210(A)(6)(c) within twenty days of the granting of the petition. 7. Either the Administrator or the presiding official who is his designee shall issue a written 19,17,220 Penalties. decision, based on the evidence admitted at the hearing, as soon as practicable following the A. Any person who violates any standard or hearing. The decision shall be promptly served on condition of a permit required under this chapter the permittee. or who otherwise violates any provision of this chapter or of chapters 19.18, 19.19, 19.21, or D. Public notice. 19.22, may be assessed a civil penalty by the Administrator. 1. This subsection (D) applies to any public notice required under this chapter. 1. The Administrator may assess the penalty in an amount equal to 150% of the reasonably 2. Public notice of a hearing shall estimated economic saving or gain enjoyed by the include the time, date, place, subject of the violator as a result of the violation. hearing, and time limits for submission of Alternatively, if sufficient information on which to comments. base such an estimate is not available, the Administrator may assess a penalty for every 3. Public notice of the submission of an separate violation in an amount not to exceed application shall include: $10,000, taking into account: the violator's history of previous violations; the seriousness of a. The name and address of the applicant; the violation, including consideration of any irreparable harm to the environment or subsistence b. An informative description of the usage and any hazard to the public health or safety; subject of the application, including where whether the violator was negligent; , and the applicable a summary description of proposed demonstrated good faith of the violator in activities and facilities, including their attempting to achieve rapid compliance after location(s) and noting relevant time periods; notification of the violation. Each day of a continuing violation may be deemed a separate C. A statement identifying where the violation for purposes of penalty assessments. public may inspect the application; 2. The Administrator shall assess a civil d. A statement that upon. the request of penalty by issuing to the person against whom the five or more interested persons received within the penalty is assessed a written notice of violation. applicable time period, a public hearing will be Such notice shall contain: a description of the held, unless the notice already establishes a time violation; the amount of the penalty and the basis and place for a public hearing. therefor; a statement that the person against whom the penalty is assessed may request in writing a e. A statement that interested persons may hearing on the violation and the penalty within request a public hearing within the applicable time thirty days of receiving the notice; and a statement period, unless the notice already establishes a that failure to request such a hearing will result time and place for a public bearing. in a waiver of all rights to contest the violation or the amount of the penalty and in the penalty's 4. Public notice shall be effected by becoming effective thirty-one days after the notice publication in a newspaper of general circulation in is received. the Borough and the State at least two times and by one or more of the following: 3. If the person against whom the penalty is assessed makes a timely request for a hearing a. Two announcements broadcast on radio pursuant to paragraph (2), the Administrator shall or television located within the Borough each day hold a bearing pursuant to section 19.17 .210 (C) , and for a minimum of three days; the penalty assessed in the notice of violation shall not, become effective unless the Administrator b. Posting in three public places in orders it pursuant to a written decision under Barrow and in any city within 150 miles of the paragraph (4) following the hearing. For purposes of proposed activity or facility; or this subsection, the term "permittee" in section 19.17.210(C) includes any person to whom a notice of C. Mailing to the postmaster and the violation has been issued. mayor of any city within 150 miles of the proposed activity or facility. 4. The Administrator's written decision following a hearing shall include a determination as E. Petition for Reconsideration. to whether a violation has been committed. If the Administrator determines a violation has been 1. Within twenty days following service of committed, he shall determine what the appropriate a decision on an application under subsection penalty is and include an order in the 19.17.210(A) (6) (c), the applicant or any aggrieved decision assessing such penalty. The penalty shall be effective immediately upon issuance of the regulations, permit terms and conditions, and lease decision. terms and stipulations; provided that, except for temporary camps and storage areas serving temporary 5. A person against whom a civil penalty is construction or drilling activities, there shall be assessed under this subsection shall pay the penalty no.additional permanent service facilities developed in full within thirty days of its effective date, west of the -Kuparuk River within the PSB. unless timely review is sought pursuant to section 19,18.0 50 Sipecial Use s. The following uses may 6. Civil penalties owed under this be permitted only by special use permit issued by subsection may be recovered in a civil action the Administrator pursuant to chapter 19.17: brought by the borough attorney at the request of A. Gravel extraction in areas not designated the Administrator in any court of appropriate for gravel extraction by right in section jurisdiction. 19.18.040(A). B. The remedies established by this section Chapter 19.19_ are cumulative and not exclusive, and are in addition to other remedies provided by law, GH GEOPHYSICAL HAZARD DISTRICT including actions for damages and/or injunctive relief for harm to subsistence activities and 19,19,010 Regulations Generally. The resources. regulations in this chapter shall apply to GH's located within the CZ. Regulations elsewhere C. Failure to comply with any condition of a established for RD, R1, or HRD districts are permit required under this chapter is prohibited and superseded, where such districts or portions thereof constitutes a violation of this chapter. are located within a GH, to the extent they are inconsistent with the regulations established in Chanter 19-18 this chapter. PSB PETROLEUM SERVICE BASE AND PRODUCTION DISTRIC 19.19.020 Purpose. The purpose of a GH is to protect coastal resources, including wildlife and 19-18-OIR Regulationg Generally. The wildlife habitat, subsistence usage, and property, regulations in this chapter shall apply to a PSB from unacceptably high risks of serious damage due located within the CZ. Regulations elsewhere to geophysical hazards, in -areas where the established for RD, RI or- HRD districts are Commission and Assembly find, after soliciting and superseded, where such districts or portions thereof considering the views of appropriate federal, state are located within a PSB, to the extent they are or regional agencies and other interested parties, inconsistent with regulations established in this that: chapter. A. Petroleum drilling and production are 39,18,020 Purposes. The purposes of a PSB incompatible with the area, in that, the technology are: and capability required to operate under the ice hazards and other geophysical conditions which may A. To permit efficient development and occur in the area without unacceptably high risk of production of an oil and gas field which is damage have not been adequately demonstrated to be producing at the time this ordinance is enacted, available and practicable; and while protecting long-term wildlife habitat and subsistence values; B. Considering the availability of reasonable alternative sites for such uses of state concern B. To provide sites for facilities required to that may be excluded from or restricted in the support and service petroleum exploration, district, and the importance of such uses relative development, and production elsewhere in or near the to other relevant uses and values, including those CZ; affected by the geophysical hazards in question, it is in the public interest to prohibit petroleum C. To minimize dispersal of industrial drilling and production in the district. facilities to coastal areas currently in a relatively undisturbed state; 19,19.030 Designation as Geophysical Hazard D. To provide for the siting of major energy Argas. GH's shall be designated as Geophysical facilities in locations which fulfill, to the extent Hazard Areas for purposes of 6 AAC 80.050. feasible and prudent, the applicable standards established in 6 AAC 80.070. 19-19-040 Desianation as Areas Which Merit Special Attentio GH's shall be designated as Areas 19-18-030 Designation as Areas Which Merit Which Merit Special Attention for purposes of 6 AAC special Attention. PSB's shall be designated an an 80.160. Areas Which Merit Special Attention for purposes of 6 AAC 80.160. -19-050 Prohibited Uses, In addition to the uses prohibited generally in the CZ, the following 19-18-040 Permitted Usefi. In addition to the uses are prohibited in a GH: uses permitted generally in the CZ, the following Uses are permitted in a PSB unless subject to A. Petroleum drilling or production, or sections 19.17.070(A)(2), 19.17.070(B), or construction or operation of a petroleum drilling 19.17.090: rig, production facility, or gathering line or pipeline. This prohibition does not apply to A. Petroleum exploration, development, directional petroleum drilling conducted outside a production, and transportation facilities and GH which enters subsurface portions of a GE. activities which comply with all applicable Federal, State, and local laws, ordinances, regulations, permit terms and conditions, and lease terms and stipulations; provided that gravel extraction shall be permitted by right only in the Put Oxbow and Chapter 19-21 Kuparuk areas as designated on the official Borough map. The Administrator may designate additional C CONSERVATION DTSTRTC areas in which gravel extraction shall be permitted by right within the PSB. 19.21-010 Regulations Generally. The regulations in this chapter shall apply to all C's. Regulations B. Facilities and activities required to elsewhere established for RD, RI, or HRD districts support or service petroleum exploration, are superseded, where such districts or portions development, production, and transportation in or thereof are located within a C, to the extent they near the CZ, which comply with all applicable are inconsistent with regulations established in Federal, State, and local laws, ordinances, this chapter. 12 19-21,020 Purvos technology and lesser operating experience on the A. The purpose of a C is to protect and part of the petroleum industry, and additional or preserve areas which are vital to the perpetuation different risks to wildlife, as compared with areas of wildlife or areas which are of great historic or closer to shore, and other relevant distinguishing cultural value where industrial uses or facilities factors, make immediate petroleum exploration are generally incompatible with the protection and incompatible with the area and make it prudent to preservation of the areas or values in question, but defer petroleum exploration until substantially may be compatible on a site-specific basis. greater experience has been obtained in areas closer to shore; and 19,21,030 Designation as Areas 11hich Merit 2. Considering the availability of sRecial Attentio . C's located within the CZ shall reasonable alternative sites for such uses of state be designated as Areas which Merit Special concern that may be excluded from or restricted in Attention, for purposes of 6 AAC 80.160. the district, and the importance of such uses relative to other relevant uses and values, it is in the public interest to restrict petroleum 19-21-040 Special Uses. The following uses may exploration, development, and production in the be permitted by special use permit issued by the manner provided in section 19.22.040. Administrator as provided in chapter 19.17: A. Petroleum- related facilities and activities 19-22.030 Desianation as Areas Which Mer t where: gRecial Atteotion. DD's shall be designated as Areas Which Merit Special Attention for purposes of 1. There is no feasible alternative site 6 AAC 80.160. not in a C. 4 2. The proposed use is compatible with the 19-22-040 Prohibited Usea. A. In addition to proposed site in that it does not significantly the uses prohibited generally in the CZ, the impair any of the purposes for which the area has following uses are prohibited in a DD: been designated; and 1. Prior to October 1, 1984: petroleum >1 3. The proposed use meets the applicable drilling or production, or construction or operation standards contained in 19.17.120. of a petroleum drilling rig, production facility, or gathering line or pipeline. This prohibition does 19.21-050 Prohibited Uses. In addition to the not apply to directional petroleum drilling uses prohibited generally in the CZ, the following conducted outside a DD which enters subsurface uses are prohibited in a C: portions of a DD. A. Non-petroleum related industrial B. Before May 1, 1984, the Administrator shall activities, or construction or operation of any evaluate the status of relevant petroleum industry non-petroleum related industrial facility. operating experience, technology, and information, and other factors relevant to a determination of whether regulations applicable to a DO should be 19-21-060 Snecial Area Designation. There continued, modified, or terminated@ and shall submit are established the following special habitat, a recommendation regarding such a determination to historic, cultural, or subsistence areas within C the Commission. The Commission shall consider the districts in which petroleum- related facilities and Administrator's recommendation and shall, pursuant activities shall be prohibited: to applicable procedures governing public notice and hearing, recommend to the Assembly appropriate A. Cross Island; and action regarding regulations applicable to the DD. B. Pol@e Island. C. Relevant information may be presented to the Administrator at any time prior to the May 1, The Borough Assembly may, from time to time, 1984 demonstrating the need to modify the DD designate by ordinance additional such areas in regulations. This information shall be evaluated which designated uses shall be prohibited. and responded to by the Administrator in writing within a reasonable period of time. Chapter 19-22 DD DEFERRED DEVELOPMENT DTqTRTrT 19,22,010 Regulations Generall The regulations in this chapter shall apply to a DD located within the CZ. Regulations elsewhere established for RD, RI, or HRD districts are superseded, where such districts@_or portions thereof are located within a DD to the extent they are inconsistent with regulations established in this chapter. 19,22,020 PurRose. The purpose of a DD is: A. To provide for orderly, phased extension of petroleum exploration from onshore to offshore locations, in which shallower nearshore locations are explored prior to deeper, further offshore locations where conditions vary more from those which the petroleum industry has to this date extensively experienced; and B. To protect coastal resources, including wildlife and wildlife habitat, and subsistence usage from the impact of premature petroleum exploration, developmentr or production, in areas where the Commission and Assembly find, after soliciting and considering the views of appropriate federal, state or regional agencies and other interested persons, that: 1. Greater exposure to sea ice forces and hazards and to other geophysical hazards, lesser information on oceanographic, geological, and biological processes and phenomena, less tried 13 Sol wo ;49 -,MOW Ijk, IMPLEMEnTATion The primary means proposed to implement the Objectives and Policies for the mid-Beaufort region is zoning-dividing land and water into special areas (districts) for the regulation of uses and activities. The proposed ordinance establishes five types of zoning districts. Within each district, uses and activities subject to the coastal management program are treated in one of three ways: per- mitted as of right; permitted conditionally; or prohibited. Uses permitted as of right require no permission from the Borough, but they must meet all applicable Federal and State standards. Conditionally permitted uses re- quire Borough permission, granted in the form of a permit. Prohibited uses are not allowed under any circumstances. The Zoning section of this Framework Plan describes which uses are permitted as of right, permitted conditionally, or prohibited in the five zoning districts.-Pro- posed standards for the issuance of permits and procedures for permit applica- tions are contained in the proposed zoning Ordinance and will not be discussed further in this text. A second means of implementing the coastal management program will be through Borough review of State actions for compliance with, and Federal ac- tions for consistency with, the adopted and approved Borough program. The Borough will routinely review proposed State and Federal agency actions, which include the issuance of permits and the sale of oil and gas leases, for compliance or consistency. zoninG The proposed zoning Ordinance is the Borough's primary tool for implementing its district coastal management program. The Ordinance establishes a "coastal zone district" which is the broad area subject to coastal management. The pro- posed boundaries of the coastal zone district for the mid-Beaufort region are il- lustrated on the Plan Map. Other coastal zone districts may be created in other segments of the Borough's coastal area in the future. Because of unique conditions, activities or resources, State law allows the Borough to designate areas within the coastal region as areas that "merit special attention." To meet this requirement, the proposed zoning ordinance establishes four supplemental districts: (1) conservation; (2) geophysical hazard; (3) deferred development; and (4) service base and production. Within the broad coastal zone district described above, the Borough may create as many or as few supplemental districts as it deems appropriate through a mapping process. The supplemental districts, however, must always be located within the coastal zone district. The proposed ordinance also establishes "buffer areas" along the coast, lakes, streams and other areas. Thus, the Plan Map indicates that within the boundaries of the mid-Beaufort coastal zone district, while some areas have -no supplemental designation, others are proposed to be designated conservation; geophysical hazard; deferred development; and service base and supply. Buffer areas are alsoindicated. I Uses and activities within each of the supplemental districts are controlled by regulations that are applicable only to that area and not to other supplemental districts or to the coastal zone district generally. See Plan Map for descriptions of districts and buffer areas. USES OF STATE (on(ERn Under the Alaska Coastal Management Act, certain uses or activities are deemed 66 uses of State concern." In reviewing district coastal management programs, the Alaska Coastal Policy Council must find that uses of State concern have not been "arbitrarily or unreasonably restricted or excluded." In 1979, the Act was amended to define "activities pursuant to oil and gas leases" as uses of State concern. Thus, many of the oil- and gas-related activities subject to the Borough's coastal management program are uses of State concern, sub- ject to the "arbitrary or unreasonable restriction or exclusion" test. However, under the Act, "uses of more than local concern, including those land and water uses which confer significant environmental, social, cultural or economic benefits or burdens beyond a single coastal resource district" are also uses of State concern. Subsistence is, therefore, also a use of State concern. Fishing, hunting and foraging form the core of Inupiat culture. These activities br- ing stability to a people balanced between a cash economy and a traditional dependence on land and natural resources. Inupiat culture is so closely tied to subsistence that a loss of land or wildlife through developmental impacts may mean the loss of a culture that has survived for centuries through in. terdependence with the natural environment. In a world where the pressures towards conformity are overwhelming, the preservation of diverse cultures enriches Alaska-and our nation-with depth, understanding and beauty. Subsistence, in turn, depends upon a healthy natural environment. Sea mam- mals, fish, birds and caribou that depend on the Beaufort Sea respect no political boundaries in their migrations. The basic natural processes that are shaped in the Arctic, including climate and ocean currents, are worldwide in scope. The preservation of this environment is, therefore, of international importance, and subsistence is clearly a use which confers significant environmental, social and cultural benefits beyond the boundaries of the North Slope Borough. To the extent possible, the Borough's coastal management program attempts to accommodate both subsistence and industrial activities, including energy development. Where the two uses are irreconcilable, however, the priority is sub- sistence. Although this may, in some instances, result in a restriction or exclu- sion of one use of State concern in order to preserve another, it is neither an ar- bitrary nor an unreasonable choice to make. ADMinISTRATIon Administration of the Borough's proposed coastal management program for the mid-Beaufort region will primarily involve the work of the Planning Commission, the Assembly, and a proposed new Borough official,the Coastal Management Administrator. The villages within the region will also play a role. Detailed staff and budgetary needs of the Borough will be formulated at a later time. The preparation of this report was financed in part by funds from the Alaska Coastal Management Program and the Office of Coastal Zone Management, Na- tional Oceanic and Atmospheric Administration, U.S. Department of Commerce, administered by the Division of Community Planning, Department of Community and Regional Affairs. TAL SERVICES M LIBRANT NOAA COAS @ll 10111111101 (it 112878_7 3 6668 1-4 A io-5 -4- %A.