Baldy Lake Airpark was approved as a condo plat, which enabled Art Mathias, the developer, to skirt the public notice process. Construction began on the development last summer, but was halted when residents noticed equipment in the stream and severe damage to the site. Online records of the Environmental Protection Agency, or EPA, show several construction violations at the Baldy Lake Airpark development last fall.
The online database shows five separate Clean Water Act violations based on initial inspections in August and September. They are issued as part of the National Pollutant Discharge Elimination System, or NPDES, program through the EPA. The violations are for lack of permit and stormwater controls, such as silt fencing and other water quality protections.
The U.S. Army Corps of Engineers, or ACE, Public Affairs Specialist John Budnik says the development does not currently have the proper permit. He says the ACE issued a notice of violation in March. They are in contact with the developer’s agent, Alaska Department of Fish and Game, or ADF&G, and other agencies to find a resolution.
Budnik says the ACE requested a site visit with ACE and ADF&G to discuss the restoration of Baldy Creek. To date, ACE has not received a permit application from the violator.
Any in-water work must be completed by July 15th, according to the ADF&G permit issued to the developer. However, the developer also must obtain an ACE permit to move forward with construction. In addition, the Department of Natural Resources has not issued a preliminary decision on vacating the section line easements, which are an integral part of the development design.
