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Home My WebLink AboutBradley Lake Permits 1993Page No. 11119/93 APPLI C. AGENCY DATE PERMIT DATE PERMIT NUMBER PERMIT TYPE AlP BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EXPIR. DATE COMMENTS REC # STA1US ====== =====za: ========== =•=============~ =============== .=== =~====== ====a=3=====~=~==================== ===== ===~=•==== ** AGENCY BLM BLM 04128189 I I ROW ~- COE I I 08!13191 071-0Y0-2·850502 DREDGE AND FILL BRADLEY LAKE 1, MODIFICATION S-850502 COE I I 05122187 071-0YD-2·850502 DREDGE AND FILL BRADLEY LAKE 1, MODIFICATION 0·850502 COE I I 09!09186 071·0Y0·2·850502 DREDGE AND FILL BRADLEY LAKE 1, MODIFICATION M-850502 COE I I 04106188 071·0YD·2·850502 DREDGE AND FILL BRADLEY lAKE 1, MOOIFICATION Q-850502 COE I I 09/01187 071·0YD·2·850502 DREDGE AND FILL BRADLEY LAKE 1, MOO IF I CAT ION P·850502 COf; I I 10/27188 071·0YD·2·850502 DREDGE AND FILL BRADLEY LAKE 1, MODIFICATION R-850502 COE I I 01/30187 071-0YD-2·850502 DREDGE AND FILL BRADlEY LAKE 1, MODIFICATION N-850502 A A p p p p p p p I I ROW APPLICATION FOR DISTRIBUTION LINE TO SERVE BRADLEY RIVER GAGING STAT I ON. COE HAS JUR-I SO I CTI ON UNTIL PLO AND PSC REMOVED. I I EXTENSION OF LAND USE LICENSE TO 1 OH IIOlD 2 ACTIVE ___ ..AIJ.QW. EOB EXIRACI I Ot.l OF -MATI!R I~t:s:-------- 12131135 SECTION 101404 PERMIT MODIFICATION 3 ACTIVE TO CONSTRUCT UPPER BATTLE CREEK DIVERSION PROJECT. 12131135 MODIFICATION FOR PO~ERHOUSE 4 ACTIVE TAILRACE AND POWER TUNNEL SETTLING PONDS 12131135 MODIFICATION TO RELOCATE AIRSTRIP, 5 ACTIVE CONSTRUCT TRUCK TURNAROUND AND MARSHALLING YARD, AND FILL 3 SMALL ~ETLANOS ALONG ACCESS ROAD 12131135 MODIFICATION FOR MARSHALLING YARD 6 ACTIVE ROAD 12131135 MODIFICATION FOR 1) OAMSITE UPPER 7 ACTIVE CAMP, ACCESS ROAD, EQUIPMENT TRAIL, AND DAMS, 2) FERC UPPER CAMP ~ATER INTAKE AND PUMPHOUSE, AND 3) PERMANENT FACILITIES ~ET ~Ell AT POWERHOUSE CREEK 12131135 APPLICATION TO CONSTRUCT OPEN 8 ACTIVE CHANNEL MIDDLE FORK DIVERSION. 12131135 MODIFICATION FOR MARTIN RIVER DIKE 9 ACTIVE EXTENSION AND TEMPORARY MARTIN RIVER LANDING SITE IMPROVEMENTS .. iJ ;)1r· ., ~. / r r_I / , Page No. 2 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY ·.;: APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ :;::=========== === ======== ~================================== ===== ========== /!',H COE I I 04111186 071-0YD-2·850502 DREDGE AND FILL p SECTION 10 · PERFORM WORK IN OR-,', 10 ACTIVE BRADLEY LAKE 1 AFFECTING U.S~ NAIIIGilBLE WATERS~ SECTION 404 ·"DISCHARGE DREDGED 0 FILL MATERIAL INTO U.S. WATERS ----,, __ / COE I I 03120186 DACW85-3-86·55 MATERIAL p 03119191 REMOVE CONSTRUCTION MATERIALS 11 EXPIRED EXTRACTION (GRAVEL AND RIPRAP) COE I I 07!15187 DACW85·3·86·73 LAND USE p 05104191 AUTHORIZING A LAND USE LICENSE FOR 12 EXPIRED AMENDMENT I LICENSE CONSTRUCTION AND MAINTENANCE OF WATER INTAKE, PUMPHOUSE, AND PIPELINE TO LAKE 1400.5 FOR FERC UPPER CAMP WATER SOURCE COE I I 05105186 DACW85-3·86·73 ACCESS ROAD AND p 05104191 AUTHORIZING CONSTRUCTION OF A 13 EXPIRED CONSTRUCTION GRAVEL ROAD AND DISPOSAL OF LANDFILL CONSTRUCTION DEBRIS COE I I 03113190 DACW85·2·90·24 D I STR I BUT! ON p 03112193 DEPT OF ARMY EASEMENT FOR BRADLEY 14 EXPIRED LINE EASEMENT GAGE STATION ELECTRICAL DISTRIBUTION LINE. -' COE I I 05118192 DACW85·3·86·101 LAND USE p 07131193 LAND USE LICENSE UNTIL JULY 31, 15 EXPIRED ' AMENDMENT 2 LICENSE 1991 TO CONDUCT STUDIES AND DESIGN ---....: WORK AT PROJECT SITE. COE I I 09103192 DACW85·3-91·88 LAND USE p 08131193 LAND USE LICENSE TO CONSTRUCT AND 16 EXPIRED AMENDMENT 1 LICENSE OPERATE UPPER BATTLE CREEK DIVERSION PROJECT. -#f")... COE I I 01111193 DACW85·2·90·24 LAND USE p 03112194 LAND USE LICENSE"FOR GAGING STATION 17 ACTIVE LICENSE ELECTRICAL DISTRiBUTION LINE. COE I I 03102193 DACW85-3·86·55 LAND USE p 03119194 EXTENSION OF LAND USE LICENSE TO 18 ACTIVE AMENDMENT 3 LICENSE ALLOW FOR MATERIAL EXTRACTION. COE I I 04119193 DACW85·3·86·· 73 LAND USE p 05104194 EXTENSION OF LAND USE LICENSE FOR 19 ACTIVE AMENDMENT 3 Ll CENSE AREA USED AS ACCESS ROAD AND CONSTRUCTION LANDFILL. COE I I 06117193 DACW85-3-86·101 LAND USE p 07131194 LAND USE LICENSE TO CONDUCT STUDIES 20 ACTIVE AMENDMENT 3 LICENSE AND DESIGN PROJECT. COE I I 09101193 DACW85·3-91·88, LAND USE p 08131194 COE LAND USE LICENSE TO CONSTRUCT 21 ACTIVE AMENDMENT 2 LICENSE AND OPERATE THE UPPER BATTLE CREEK DIVERSION DAM. Page No. 3 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERM IT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ======== ========== ================ =============== === ======== ~================================== ===== ========== ** AGENCY DEC DEC 05109190 I I 8623·AB006 OPEN BURNING A I I REQUEST TO EXTEND OPEN BURNING 22 NOT REQ'D PERMIT FOR ONE YEAR UNTIL OCTOBER 15, 1990. DEC 11105190 I I 9023·BA008 IIASTE DISPOSAL A I I REQUEST TO EXTEND USE OF SANITARY 23 ACTIVE LANDFILL AT CONSTRUCTION CAMP UNTIL JANUARY 25, 1996. }/ ~/ ~' DEC 02104192 I I APPROVAL TO CLASS "C" IIATER A I I REQUEST TO BE ISSUED A CERTIFICATE 24 ACTIVE ( ;' / OPERATE SYSTEM TO OPERATE A CLASS "C" PUBLIC IIATER >-Yit I i r~ SYSTEM AT THE BRADLEY LAKE ) ' POIIERHOUSE. DEC I I 03106186 NPACO NO. SECTION 401 p 12131135 CERTIFICATE OF REA~ONABLE ASSURANCE 25 ACTIVE 071-0YD-2·850502 CERTIFICATION BRADLEY LAKE 1 DEC I I 11104188 APPROVAL TO CLASS "C" IIATER p 12131135 APPROVAL TO OPERATE PERMANENT 26 ACTIVE OPERATE SYSTEM FACILITIES IIATER SYSTEM. ) DEC I I 04103189 APPROVAL TO CLASS "C" IIATER p 12131135 APPROVAL TO OPERATE PERMANENT 27 ACTIVE OPERATE SYSTEM FACILITIES IIATER SYSTEM. DEC I I 08129186 NPACO NO. SECTION 401 p 12131135 CERTIFICATE OF REASONABLE ASSURANCE 28 ACTIVE 071-0YD-2·850502 CERTIFICATION MODIFICATION TO RELOCATE AIRSTRIP, BRADLEY LAKE 1 CONSTRUCT TRUCK TURNAROUND AND MOD IF I CATION MARSHALLING YARD, AND FILL 3 SMALL IIETLANDS ALONG ACCESS ROAD ~ I I 05101187 CERT. TO CONSTR. POTABLE IIATER p 12131135 CERTIFICATE TO CONSTRUCT FOR 29 ACTIVE PERMANENT FACILITIES TEMPORARY IIATER SYSTEM DEC I I 12131186 NPACO NO. SECTION 401 p 12131135 MODIFICATION FOR MARTIN RIVER DIKE 30 ACTIVE 071-0YD-2-850502 CERTIFICATION EXTENSION AND MARTIN RIVER BRADLEY LAKE 1 TEMPORARY LANDING SITE IMPROVEMENTS MOO I FI CAT ION DEC I I 08112187 NPACO NO. SECTION 401 p 12131135 CERTIFICATE OF REASONABLE ASSURANCE 31 ACTIVE 071-0YD-2·850502 CERTIFICATION MODIFICATION TO INCLUDE OPTIONAL BRADLEY LAKE 1 DAMSITE UPPER CAMP NEAR MAIN DAM, MODIFICATION OPTIONAL IIATER INTAKE AT LAKE 1205.5 NEAR FERC CAMPSITE, AND POIIERHOUSE CREEK IIET IIELL FOR PERMANENT FACILITIES Page No. 4 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMME~TS REC # STATUS ======== ========== ================ =============== === ======== ~================================== ===== ========== 'J DEC I I 05123191 APPROVAL TO IIAIVER APPROVAL p 12131135 IIAIVER OF SEPARATION DISTANCE 32 ACTIVE OPERATE CLASS "C" IIATER BETIIEEN PERMANENT FACILITIES IIELL SYSTEM NO. 4 AND PRIVATE SEllER LINE. SEPARATION THAT IS ALLOIIED IS 30 FEET. DEC I I 08105191 STATE I .D. NO. SECTION 401 p 12131135 CERTIFICATE OF REASONABLE ASSURANCE 33 ACTIVE AK910628-54A CERTIFICATION FOR UPPER BATTLE CREEK DIVERSION PROJECT. DEC I I 09129188 NPACO NO. SECTION 401 p 12131135 CERTIFICATE OF REASONABLE ASSURANCE 34 ACTIVE 071-0YD-2-850502 CERTIFICATION MODIFICATION FOR OPEN CHANNEL CONSTRUCTION OF MIDDLE FORK DIVERSION. i)~ DEC I I 12103190 CERT. TO CONSTR. POTABLE IIATER p 12131135 CERTIFICATE TO CONSTRUCT POTABLE 35 A~TIVE I'\.:...,., ;.-· IIATER SYSTEM AT BRADLEY LAKE .4 -~, ' POIIERHOUSE. SYSTEM RECEIVES IIATER I ~.--r-) ''· t I ' '• ... FROM POTABLE IIATER SYSTEM SERVING \ I r J J .~_ . ·• THE PERMANENT FACILITIES . c.,_,.._ . ...._., --' ~":--I' • • DEC I I 05101187 8623-AB006 OPEN BURNING ·. p 07101188 OP~N' BURNING IIRITTEN APPROVAL FOR 36 EXPIRED PROJECT AREA DEC I I 10114188 8623-AB006 OPEN BURNING p 07101189 MODIFICATION TO ALLOII USE OF 37 EXPIRED NATIONAL IIEATHER SERVICE TO PROVIDE MET DATA. NO LONGER REQUIRES ONSITE VERIFICATION IIITH HELICOPTER. DEC I I 08109188 8623-AB006 OPEN BURNING p 07101189 AMENDMENT TO EXTEND PERMIT TO OPEN 38 EXPIRED PERMIT BURN FOR 1 YEAR BEYOND 07101188 AMENDMENT I - EXTENSION DEC I I 05116190 9023-CA001 SHORT TERM p 10115190 SHORT TERM VARIANCE FROM STATE 39 EXPIRED VARIANCE IIATER QUALITY STANDARDS RELATED TO CONSTRUCTION OF THE MIDDLE FORK AND NUKA DIVERSIONS. DEC I I 11128189 8623-AB006 OPEN BURNING p 10115190 AMENDMENT TO EXTEND OPEN BURN 40 EXPIRED PERMIT PERMIT FOR ONE YEAR. AMENDMENT II - EXTENSION DEC I I 06126187 8723-DB001 IIASTEIIATER p 01101191 IIASTEIIATER DISCHARGE PERMIT FROM 41 EXPIRED DISCHARGE MARTIN RIVER BORROII PITS AND LOIIER CONCRETE BATCH PLANT INTO MARTIN RIVER AND FROM THE POIIER TUNNEL SETTLING PONDS INTO KACHEMAK BAY Page No. 5 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== =====================~============ ===== ========== DEC I I 05115187 8723·DB001 1 \.IASTEWATER p 01101191 CERTIFICATE TO CONSTRUCT FOR MARTIN 42 EXPIRED 8721-DA-132 DISCHARGE RIVER BORROW PIT \.IASTE\.IATER DISCHARGE TO MARTIN RIVER DEC I I 04106187 8723-DB001, \.IASTEIIATER p 01101191 CERTIFICATE TO CONSTRUCT FOR POIIER 43 EXPIRED 8721-DA-116 DISCHARGE TUNNEL SETTLING POND WASTEIIATER DISCHARGE TO KACHEMAK BAY DEC I I 08115186 8623-DBOOS IIASTEIIATER p 01101191 IIASTEIIATER DISCHARGE PERMIT FOR 44 EXPIRED DISCHARGE SE\.IAGE LAGOON AT LOIIER CONST. CAMP TO BATTLE CR., UPPER CONCRETE BATCH PLANT TO UNNAMED STREAM FLOWING INTO BRADLEY LK., + LOWER CONCRETE BATCH PLANT TO KACHEMAK BAY.,+PLANAPPROVAL·SEWAGE LAGOON,PERM. -FACILITIES SEPTIC SYS DEC I I 06126187 8723-DB001 WASTEWATER p 01101191 MARCH 31, 1987 LETTER TO DEC 45 EXPIRED SUPPLEMENT DISCHARGE LISTING CHEMICALS FOR USE IN TREATING CONCRETE BATCH!NG \.lATER AT MARTIN RIVER BORROW PITS, AND POWER TUNNEL SETTLING POND DRAINAGE DEC I I 11118186 8623-DBOOS WASTE\.IATER p 01109191 FINAL APPROVAL FOR SEllER SYSTEM AT 46 EXPIRED AMENDMENT DISCHARGE LOWER CONSTRUCTION CAMP DEC I I 03103186 8523-BA006 WASTE DISPOSAL p 01125191 WASTE DISPOSAL PERMIT FOR OPERATION 47 EXPIRED AND MAINTENANCE OF A SANITARY LANDFILL FOR THE DISPOSAL OF ASH AND INCINERATOR RESIDUE AT THE LOWER CONSTRUCTION CAMP DEC I I 03131187 8523·BA006 WASTE DISPOSAL p 06130191 AMENDMENT FOR CLARIFICATION OF 48 EXPIRED AMENDMENT PERMIT STIPULATION "E" RELATIVE TO SUBMITTAL OF AS-BUILT DRAWINGS FOR CLOSED WASTE DISPOSAL AREAS DEC I I 07102186 8623-BAOOS \.IASTE DISPOSAL p 06130191 WASTE DISPOSAL PERMIT FOR 49 EXPIRED CONSTRUCTION OF WASTE LANDFILLS DEC I I 12103190 WASTEWATER p 01101192 APPROVAL TO CONSTRUCT POIIERHOUSE 50 EXPIRED SYSTEM · \.IASTE\.IATER SYSTEM. MUST OBTAIN APPROVAL TO APPROVAL TO OPERATE IIITHIN THIRTY CONSTRUCT DAYS OF COMPLETION. DEC I I 12103190 WATER SYSTEM -p 01101192 APPROVAL TO CONSTRUCT POWERHOUSE 51 EXPIRED APPROVAL TO POTABLE WATER SYSTEM. APPROVAL TO CONSTRUCT OPERATE MUST BE OBTAINED PRIOR TO PUTTING SYSTEM INTO USE. Page No. 6 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ======== ========== ================ =============== === ======== ~================================== ===== ========== DEC I I 04129186 8623-DB005 CERT. WASTEWATER p 01101192 PLAN APPROVAL AND CERTIFICATE TO 52 EXPIRED TO CONSTR. DISCHARGE AND CONSTRUCT FOR LOWER CONSTRUCTION POTABLE WATER CAMP CLASS A WELL AND WASTEWATER SYSTEMS, AND PERMANENT FACILITIES CLASS A WELL DEC I I 01113187 CERT. TO OPERATE POTABLE WATER p 01101192 CERTIFICATE TO OPERATE LOWER 53 EXPIRED ID NO. 243975 CONSTRUCTION CAMP WATER SYSTEM CLASS A WELL DEC I I 02/15191 8723-DB001 WASTEWATER p 01101192 PERMIT EXTENSION TO USE THE TUNNEL 54 EXPIRED DISCHARGE WATER SETTLING PONDS UNTIL JANUARY 1, 1992. DEC I I 10112/87 8723-DB006 WASTEWATER • p 01101192 WASTEWATER DISCHARGE FROM 55 EXPIRED DISCHARGE POWERHOUSE 3RD UNIT TO KACHEMAK BAY DEC I I 11113189 8723-DB006 WASTEWATER p 01101192 POWERHOUSE 3RD UNIT DISCHARGE 56 EXPIRED AMENDMENT DISCHARGE PERMIT AMENDMENT TO ALLOW MEASUREMENT OF TURBIDITY IN NTU'S AND TO ALLOW USE OF PRAESTOL #2515TR POLYELECTROLYTE AS A COAGULANT. DEC I I 02107191 8623-BA005 WASTE DISPOSAL p 06130192 EXTENSION OF SOLID WASTE DISPOSAL 57 EXPIRED PERMIT FOR CONSTRUCTION LANDFILLS. DEC I I 04120192 8623-BA005 WASTE DISPOSAL p 11130192 EXTENSION OF CONSTRUCTION SOLID 58 EXPIRED WASTE PERMIT TO ALLOW DISPOSAL OF REMEDIATED SOILS, IF NECESSARY. DEC I I 03125192 8840-DB001D WASTEWATER p 04101194 PERMIT TO DISCHARGE FOUNDATION 59 ACTIVE DISPOSAL DEWATERING EFLUENT INTO QUARTZ CREEK. ** AGENCY DFG DFG I I 09119184 FG 85-II-0094 CRITICAL p 11115184 TEST DRILLING OFF SHEEP POINT FOR 60 EXPIRED HABITAT AREA BARGE DOCK DFG I I 05123185 FG 85-II-0483 CRITICAL p 08131185 TEST DRILLING ALONG AIRSTRIP 61 EXPIRED HABITAT AREA ALIGNMENT, BARGE ACCESS CHANNEL, AND TRANSMISSION LINE ALIGNMENT DFG I I 08128185 FG 85-II-0483A CRITICAL p 10131185 AMENDMENT TO STIPULATION I TO 62 EXPIRED AMENDMENT I HABITAT AREA EXTEND DRILLING ALLOWED WITHIN THE KACHEMAK BAY CRITICAL HABITAT AREA THROUGH SEPTEMBER 10, 1985 <-\ c.;J 'J Page No. 7 11119193 APPLIC. AGENCY DATE PERMIT DATE PERMIT NUMBER BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EXPIR. PERMIT TYPE AlP DATE COMMENTS ======== ========== ================ =============== === ======== ~================================== DFG DFG DFG DFG J DFG DFG DFG ' DFG ,9/ DFG / )/ DFG DFG I I 09116185 FG 85-JJ-0752 I I 03110186 FG 86·11·0116 I I 12117186 FG 86·11-0525 I I 01106167 FG 86·11·0525 AMENDMENT I I I .05120188 FG 86-11·0113 AMENDMENT 1 I I I I I I I I I I I I 04101188 FG 88·11·0077 03111186 FG 86·11·0106 01106187 FG 86·11·0110A AMENDMENT II 03111186 FG 86-II-0113, -~~ 03111186 11107186 FG 86-11·0108 FG 86·II·0416 AMENDMENT I ANADROMOUS FISH P 12131185 ALLOYS CROSSING OF FOX CREEK STREAM CR IT !CAL HABITAT AREA P 03131186 EQUIPMENT ACCESS TO POYERHOUSE AREA FOR SITE CLEANUP OF CUT TIMBER ANADROMOUS FISH P 02128187 APPROVAL TO CROSS BATTLE CREEK STREAM (STREAM NO. 241·14·10610) UNTIL BATTLE CREEK BRIDGE IS REPLACED ANADROMOUS FISH P 02128187 AMENDMENT TO EXTEND PERMIT TO CROSS STREAM BATTLE CREEK (STREAM NO. 241-14·10610) UNTIL BATTLE CREEK BRIDGE IS REPLACED ANADROMOUS FISH STREAM, CRITICAL HABITAT AREA CRITICAL HABITAT AREA ANADROMOUS FISH STREAM ANADROMOUS FISH STREAM ANADROMOUS FISH STREAM, CRITICAL HABITAT AREA CRITICAL HABITAT AREA ANADROMOUS FISH STREAM, CRITICAL HABITAT AREA P 07115188 AMEN~MENT TO PLACE ADDITINAL RIP-RAP ALONG LEFT BANK OF BATTLE CREEK AND REMOVAL OF NEARBY SANDBAR TO DIVERT STREAM FLOW AWAY FROM ERODING STREAMBANK p 12131188 PERMIT TO CONSTRUCT MARSHALLING YARD ROAD p 12131190 BRADLEY RIVER DAM, BRADLEY RIVER (STREAM NO. 241·14-10625·2010) p 12131190 AMENDMENT FOR MARTIN RIVER DIKE EXTENSION AND TEMPORARY LANDING SITE IMPROVEMENTS p 12131190 MARTIN RIVER MATERIAL SITE ACCESS ROAD, BATTLE CREEK~SfREAM"""NU". 241-14-1 0610r--·-"'-· P 12131190 BARGE DOCK AND STAGING AREA P 12131190 AMENDMENT FOR TRANSMISSION LINE CONSTRUCTION ·FOX RIVER FLATS CRITICAL HABITAT AREA, BRADLEY RIVER, FOX RIVER, SHEEP CREEK, AND FOX CREEK (STATE ID NO. AK860701·01A) B.L. PERMITS #3, STREAM CROSSING ·AUTHORIZES NODWELL ACCESS FOR GEOTECHNICAL EXPLORATION REC # STATUS ========== 63 EXPIRED 64 EXPIRED 65 EXPIRED 66 EXPIRED 67 EXPIRED 68 EXPIRED 69 EXPIRED 70 EXPIRED 71 EXPIRED 72 EXPIRED 73 EXPIRED Page No. 8 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== =================================== ===== ========== DFG I I 03102187 FG 86·11·0416 ANADROMOUS FISH p 12131190 AMENDMENT FOR TRANSMISSION LINE 74 EXPIRED AMENDMENT II STREAM, CONSTRUCTION · AUTHORIZES OPEN CRITICAL YATER EQUIPMENT CROSSINGS OF SHEEP HABITAT AREA CREEK, FOX CREEK, AND FOX RIVER FOR GEOTECHNICAL EXPLORATION, RIGHT-OF-WAY CLEARING, AND CONSTRUCTION ~DFG I I 09102186 FG 85·11·0824, CRIT !CAL p 12131190 AMENDMENT TO RELOCATE AIRSTRIP, 75 EXPIRED FG 86-ll-0114, HABITAT AREA CONSTRUCT TRUCK TURNAROUND AND /' FG 86· II ·0115 MARSHALL! NG YARD / .r;? ' AMENDMENT ···~ DFG I I 03/11186 FG 86·11·0107 CRITICAL p 12131190 POWERHOUSE AND SWITCHYARD 76 EXPIRED HABITAT AREA CONSTRUCTION AND OPERATION WITHIN v . KACHEMAK BAY CRITICAL HABITAT AREA @FG I I 12/03186 FG 86-II-0106 ANADROMOUS FISH p 12131190 AMENDMENT ALLOWING TEMPORARY 77 EXPIRED AMENDMENT II STREAM STOPPAGE OF BRADLEY RIVER FLOWS IMMEDIATELY DOWNSTREAM FROM BRADLEY LAKE FOR FOUR 4-DAY PERIODS TO ALLOW FOR CONSTRUCTION OF CHANNEL IMPROVEMENTS DFG I I 05126187 FG 86·11·0416 ANADROMOUS FISH p 12131190 AMENDMENT FOR TRANSMISSION LINE 78 EXPIRED AMENDMENT Ill STREAM, CONSTRUCTION · AUTHORIZES BARGING CRITICAL EQUIPMENT UP FOX RIVER AND THENCE HABITAT AREA ALONG AN EXISTING TRAIL, OR ALONG THE FOX RIVER TRAIL FROM KACHEMAK SELO, TO THE TRANSMISSION LINE R·O·W DFG I I 08122186 FG 86·11·0110 ANADROMOUS FISH p 12131190 AMENDMENT FOR BANK PROTECTION, 79 EXPIRED AMENDMENT I STREAM • MARTIN RIVER MATERIAL SITE DIKE DFG I I 08120186 FG 86·ll·0416 ANADROMOUS FISH p 12131190 TRANSMISSION LINE CONSTRUCTION-FOX 80 EXPIRED STREAM, RIVER FLATS CRITICAL HABITAT AREA, CRITICAL BRADLEY RIVER, FOX RIVER, SHEEP HABITAT AREA CREEK, AND FOX CREEK (STATE ID NO. AK860701·01A) STREAM CROSSING DFG I I 03/11!86 FG 86·!1·0114 CRITICAL p 12131190 AIRSTRIP TO POWERHOUSE ACCESS ROAD 81 EXPIRED HABITAT AREA DFG I I 08122/86 FG 85-II-0824, ANADROMOUS FISH p 12131190 AMENDMENT FOR BARGE LANDING -82 EXPIRED FG 86· 11·0106, STREAM, MARTIN RIVER DELTA FG 86-11·0110, CRITICAL FG 86-II·0112, HABITAT AREA FG 86-II-0115 AMENDMENT Page No. 9 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ~================================== ===== ========== DFG I I 03111186 FG 86-ll-0112 CRITICAL p 12131190 SPOIL DISPOSAL I WATERFOWL NESTING 83 EXPIRED HABITAT AREA AREA IN THE KACHEMAK BAY CRITICAL HABITAT AREA DFG I I 03111186 FG 86-11-0110 ANADROMOUS FISH p 12131190 MARTIN RIVER MATERIAL SITE, MARTIN 84 EXPIRED STREAM RIVER (STREAM NO. 241-14·10600) 0 DFG I I 03111186 FG 85·11·0824 CRITICAL p 12131190 AIRSTRIP CONSTRUCTION AND OPERATION 85 EXPIRED HABITAT AREA DFG I I 03111186 FG 86-II-0109 ANADROMOUS FISH p 12131190 LOWER CAMP INCLUDING EFFLUENT 86 EXPIRED STREAM DISCHARGE, BATTLE CREEK (STREAM NO. 241-14-10610) DFG I I 03111186 FG 86-11·0115 CRITICAL p 12131190 POWERHOUSE TO LOWER CAMP ACCESS 87 EXPIRED HABITAT AREA ROAD DFG I I 12126190 FG 86·11·0113 SPECIAL AREA -p 12131191 PERMIT EXTENSION FOR MARTIN RIVER 88 EXPIRED AMENDMENT Ill FISH HABITAT MATERIAL SITE ACCESS ROAD. PERMIT DFG I I 12/26190 FG 86-11-0112 SPECIAL AREA p 12131191 EXTENSION OF PERMIT FOR WATERFOWL 89 EXPIRED PERMIT NESTING AREA. DFG I I 12/31190 FG 86-II-0824 SPECIAL AREA p 12131191 PERMIT EXTENSION FOR AIRSTRIP 90 EXPIRED AMENDMENT II PERMIT CONSTRUCTION AND OPERATION. DFG I I 12/26190 FG 86-11-0416 SPECIAL AREA -p 12131191 PERMIT EXTENSION FOR T·LINE 91 EXPIRED AMENDMENT IV FISH HABITAT CONSTRUCTION. PERMIT DFG I I 12131190 FG 86·11·0114 SPECIAL AREA p 12131191 EXTENSION OF PERMIT FOR AIRSTRIP TO 92 EXPIRED AMENDMENT I PERMIT POWERHOUSE ACCESS ROAD. DFG I I 12126190 FG 86-ll-0110 SPECIAL AREA · p 12131191 EXTENSION OF PERMIT FOR MARTIN 93 EXPIRED AMENDMENT Ill FISH HABITAT RIVER MATERIAL SITE. PERMIT DFG I I 12126190 FG 86·11·0106 SPECIAL AREA · p 12131191 EXTENSION OF PERMIT RELATED TO 94 EXJPIRED AMENDMENT II FISH HABITAT BRADLEY RIVER DAM, BRADLEY RIVER. PERMIT DFG I I 12/26190 FG 86-11-0107 SPECIAL AREA p 12131191 PERMIT EXTENSION FOR POWERHOUSE AND 95 EXPIRED AMENDMENT I FISH HABITAT SWITCHYARD. PERMIT DFG I I 12/26190 FG 86-ll-0109 SPECIAL AREA -p 12131191 PERMIT EXTENSION FOR LOWER 96 EXPIRED FISH HABITAT CONSTRUCTION CAMP INCLUDING PERMIT WASTEWATER DISCHARGE. Page No. 10 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ~================================== ===== ========== ** AGENCY DGC DGC I I 09115186 B.L. PERMITS NO. COASTAL p 12131135 WIDEN TRANSMISSION LINE 97 ACTIVE 3, AK860701·01A CONSISTENCY RIGHT-OF-WAY TO 400 FEET FROM REVISION POWERHOUSE TO TOWERS 9BD, 9BS DGC I I 12129186 B.L. PERMITS NO. COASTAL p 12131135 MODIFICATION FOR MARTIN RIVER DIKE 98 ACTIVE 1 AK861208·03A CONSISTENCY EXTENSION AND MARTIN RIVER MOD I F I CAT I ON 2 TEMPORARY LANDING SITE IMPROVEMENTS DGC I I 06/27186 B.L. PERMITS NO. COASTAL p 12131135 WATER USE AT PERMANENT CAMP 99 ACTIVE 2, AK860430·42A CONSISTENCY FACILITIES AND LANDFILLING OF CONSTRUCTION WASTE AT 13 SITES DGC I I 08/27186 B.L. PERMITS NO. COASTAL p 12131135 MODIFICATION TO RELOCATE AIRSTRIP, 100 ACTIVE 1 AK851213-14A-CONSISTENCY CONSTRUCT TRUCK TURNAROUND AND. MODI Fl CATION 1 MARSHALLING YARD, AND FILL 3 SMALL WETLANDS ALONG ACCESS ROAD DGC I I 08114186 B.L. PERMITS NO. COASTAL p 12131135 WASTEWATER DISCHARGE AT BATCH 101 ACTIVE 3, AK860701·01A CONSISTENCY PLANTS AND SEWAGE LAGOON, AND ACCESS AND STREAM CROSSINGS FOR TRANSMISSION LINE DGC I I 08110187 B.L. PERMITS NO. COASTAL p 12131135 MODIFICATION FOR 1) CONTRACTOR 102 ACTIVE 1 I AK851213·14A CONSISTENCY OPTION TO INSTALL DAMSITE CAMP OR AND AK861208-03A LAYDOWNISTORAGE AREA, 2) FERC UPPER MODIFICATION 4 CAMP WATER INTAKE AND PUMPHOUSE, AND 3) PERMANENT FACILITIES WET WELL AT POWERHOUSE CREEK DGC I I 07129191 B.L. PERMITS NO. COASTAL p 12131135 CONSISTENCY DETERMINATION FOR UPPER 103 ACTIVE 6, STATE I .D. CONSISTENCY BATTLE CREEK DIVERSION PROJECT. NO. AK910628·54A DGC I I 03/19192 AK920210·07A COASTAL p 12131135 COASTAL CONSISTENCY DETERMINATION 104 ACTIVE CONSISTENCY FOR DAVES CREEK SVC PERMITS. ** AGENCY DNR DNR 04108185 I I LAS 2840 CONSTRUCT OR A I I APPLICATION TO CONSTRUCT BRADLEY 105 NOT REQ'D MODIFY A DAM LAKE DAM · PERMIT NUMBER ASSIGNED, BUT PERMIT NOT ISSUED • NOT REQUIRED. DNR 04108185 I I LAS 2839 CONSTRUCT OR A I I APPLICATION TO CONSTRUCT MIDDLE 106 NOT REQ 1 D MODIFY A DAM FORK DIVERSION DAM · PERMIT NUMBER ASSIGNED, BUT PERMIT NOT ISSUED · NOT REQUIRED. Page No. 11 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS =~==== ======== ========== ================ =============== === ======== ~================================== ===== ========== )< DNR 12!21189 I I ADL 225142 PUBLIC AND A I I REQUEST TO LEASE TWO PARCELS OF 107 ACTIVE CHARITABLE STATE LAND NEAR FRITZ CREEK AS PART LEASE OF THE BRADLEY LAKE MOOSE MITIGATION PROGFAM. --1. DNR 05128193 I I .t..AS !1-5/6 WATER RIGHTS A I I APPLICATION FOR WATER RIGHTS FOR 108 ACTIVE APP Ll CA TJ ON THE BRADLEY LAKE WATERFOWL NESTING AREA TO REFLECT THE AS·BUILT CONDITION WHERE 105 ACRE-FEET OF WATER ARE IMPOUNDED, RATHER THAN THE 23.2 ENVISIONED IN THE ORIGINAL APPLICATION. DNR I I 08116191 ADL 225142 CONSISTENCY p 12131135 CONSISTENCY DETERMNATION FOR LEASE 109 ACTIVE DETERMINATION -OF STATE LANDS FOR THE BRADLEY LAKE LEASE • MOOSE MITIGATION PROGRAM. APPLICATION A.oNR I I 04112!90 LAS /2837 PERMANENT WATER p 12131135 WATER RIGHT TO APPROPRIATE WATER 110 ACTIVE RIGHTS FOR WATERFOWL NESTING AREA. 23.2 ACRE FEET PER YEAR FOR ENVIRONMENTAL MANAGEMENT. DNR I I 05108185 WAIVER WAIVER OF LAND p 10131185 WAIVER OF LAND USE PERMITS FOR JULY 111 EXPIRED USE THROUGH OCTOBER 1985 GEOTECHNICAL EXPLORATION PROGRAM FOR DRILLING ALONG TRANSMISSION LINE, BARGE ACCESS CHANNEL, AND AIRSTRIP ALIGNMENT DNR I I 11103186 WAIVER -T·LINE WAIVER OF LAND p 03131187 AMENDMENT FOR APPROVAL OF GENERALLY 112 EXPIRED USE PERMITTED ACTIVITIES ON STATE PUBLIC LAND FOR GEOTECHNICAL EXPLORATION, SURVEYING, AND PRELIMINARY TRANSMISSION LINE ACT! VI TIES DNR I I 12101186 ADL 223192 WAIVER OF LAND p 03131187 AMENDMENT FOR WAIVER OF LAND USE 113 EXPIRED AMENDMENT USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM 12·31·86 THROUGH 3·31·87 DNR I I 08/26186 ADL 222657 TIDELAND LEASE p 05114187 AMENDMENT OF LETTER OF ENTRY · 114 EXPIRED AMENDMENT STIPULATION 21: AIRSTRIP DNR I I 08111186 ADL 222657 T !DELAND LEASE p 05114187 AMENDMENT FOR CLARIFICATION OF 115 EXPIRED AMENDMENT STIPULATION 21: AIRSTRIP Page No. 12 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ~================================== ===== ========== DNR I I 05109186 ADL 222657 TIDELAND LEASE p 05114187 LETTER OF ENTRY · NON-COMPETITIVE 116 EXPIRED TIDELAND LEASE APPLICATION DNR I I 08/22186 ADL 222657 TIDELAND LEASE p 05114187 AMENDMENT FOR FURTHER CLARIFICATION 117 EXPIRED AMENDMENT OF STIPULATION 21: AIRSTRIP DNR I I 05109186 AOL 222656 LAND USE LEASE p 05114187 LETTER OF ENTRY · NON-COMPETITIVE 118 EXPIRED LETTER OF ENTRY LAND USE LEASE APPLICATION FOR SITE PREPARATION WORK DNR I I 01123187 ADL 223192 WAIVER OF LAND p 05131187 AMENDMENT FOR EXTENSION OF WAIVER 119 EXPIRED AMENDMENT USE OF LAND USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM FROM 03131187 THROUGH 05131187 ON THE UPLAND PLATEAU AND SOUTH OF CARIBOU LAKE DNR I I 03110187 LAS 02838 PERMANENT WATER p 03112188 AMENDMENT TO PERMIT TO APPROPRIATE 120 EXPIRED AMENDMENT RIGHTS WATER PROVIDING FOR TWO 80 FOOT DEEP WELLS AT LOWER CONSTRUCTION CAMP (35,000 GPO) (SEE ALSO LAS 10581 FOR INCREASE). DNR I I 05114187 SCR 87·070 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR USE 121 EXPIRED USE OF FOX RIVER TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6·30·87 THROUGH 6-30-88 DNR I I 02/27187 SCR 87-050 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 122 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 02127187 SCR 87-055 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 123 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 02/27187 SCR 87·053 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 124 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 02127187 SCR 87·052 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 125 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 02/27187 SCR 87-056 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 126 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY Page No. 13 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REG # STATUS =====~ ======== ========== ================ =============== === =~====== ~================================== ===== ======::::==:::: DNR I I 02127187 SCR 87·049 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 127 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF·I.IAY DNR I I 02127187 SCR 87·051 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 128 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF-I.IAY DNR I I 02127187 SCR 87-057 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 129 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 05114187 SCR 87·069 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR USE 130 EXPIRED USE OF CARIBOU LAKE TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6·30·87 THROUGH 6-30-88 DNR I I 07125186 TWP 87·01 TEMPORARY !.lATER p 07124188 TEMPORARY PERMIT TO APPROPRIATE 131 EXPIRED RIGHTS WATER · BRADLEY RIVER OR BRADLEY LAKE (MAX. 5,000 GPO) (SUPERCEDED BY TWP 88·09), POWERHOUSE SITE (SUPERCEDED BY TWP 87·08), UNNAMED LAKE (1,000 GPO, MAX. 5,000 GPO), MARTIN RIVER BORROW PITS (MAX. 225,000 GPO) DNR I I 02116188 ADL 222657 TIDELAND LEASE p 03101189 AMENDMENT AND REISSUE OF LETTER OF 132 EXPIRED AMENDMENT ENTRY • NON-COMPETITIVE TIDELAND LEASE APPLICATION DNR I I 03107188 ADL 222657 TIDELAND LEASE p 03101189 AMENDMENT FOR CLARIFICATION OF 133 EXPIRED AMENDMENT STIPULATION 21 ADDING TEMPORARY CONSTRUCTION LANDING SITE TO LETTER OF ENTRY DNR I I 07/12188 ADL 222657 TIDELANDS LEASE p 03101189 ALLOWS CONSTRUCTION OF SPUR ACCESS 134 EXPIRED AMENDMENT ROAD UNDER ORIGINAL LETTER OF ENTRY. DNR I I 02116188 ADL 222656 LAND USE LEASE p 03101189 AMENDMENT AND REISSUE OF LETTER OF 135 EXPIRED AMENDMENT ENTRY · NON-COMPETITIVE LAND USE LEASE APPLICATION DNR I I 11105186 ADL 223192 \.lA I VER OF LAND p 04111189 AMENDMENT LETTER OF OPINION 136 EXPIRED AMENDMENT USE PERMITTING USE OF FOX RIVER TRAIL FOR TRANSMISSION LINE ACCESS Page No. 14 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ======== ========== ================ =============== === ======== =================================== ===== ========== DNR I I 06101188 SCR 88·047 TEMPORARY LAND p 06/01189 EXTENTION OF SCR 87·056, TEMPORARY 137 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF·UAY. STA. 32+00 -43+00. DNR I I 06101188 SCR 88·044 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-050, TEMPORARY 138 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF·UAY DNR I I 06101188 SCR 88-042 TEMPORARY LAND 06/01189 EXTENTION OF SCR 87·052, TEMPORARY 139 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF-UAY. STA. 537+00 · 551+00. DNR I I 02107169 SCR. 88-041 TEMPORARY LAND p 06101189 AMENDED SPECIAL STIPULATIONS FOR 140 EXPIRED THROUGH SCR USE T-LINE SHUFLIES. 88-048 DNR I I 02/07189 SCR 88·049 AND TEMPORARY LAND p 06/01/89 AMENDED SPECIAL STIPULATIONS FOR 141 EXPIRED SCR 88-050 USE CARIBOU LAKE ACCESS TRAIL AND FOX RIVER FLATS ACCESS TRAIL. DNR I I 06101188 SCR 88-050 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87·070, TEMPORARY 142 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE ACCESS -FOX RIVER VALLEY TRAIL. DNR I I 06101188 SCR 88-049 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-069, TEMPORARY 143 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE ACCESS -CARIBOU LAKE TRAIL. DNR I I 06101188 SCR 88-045 TEMPORARY LAND p 06/01189 EXTENTION OF SCR 87-049, TEMPORARY 144 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF·UAY. STA. 648+00 -654+00. DNR I I 06101188 SCR 88-048 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87·055, TEMPORARY 145 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF·UAY DNR I I 06101188 SCR 88·043 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87·051, TEMPORARY 146 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT·OF·UAY Page No. 15 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ===~== ======== ========== ================ =============== === ======== =================================== ===== ========== DNR I I 06101188 SCR 88·046 TEMPORARY LAND p 06101/89 EXTENTION OF SCR 87-057, TEMPORARY 147 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY. STA. 153+00-173+00. DNR I I 06101188 SCR 88-041 TEMPORARY LAND p 06101/89 EXTENTION OF SCR 87·053, TEMPORARY 148 EXPIRED USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 04124187 TWP 87-16 TEMPORARY WATER p 08101189 TEMPORARY PERMIT TO APPROPRIATE 149 EXPIRED RIGHTS WATER • LOWER BATCH PLANT CREEK (MAX. 70,000 GPO) 8-7-87 THROUGH 8-1-89 . DNR I I 06/11187 HolP 87·23 TEMPORARY WATER . P 09101189 TEMPORARY PERMIT TO APPROPRIATE 150 EXPIRED RIGHTS WATER · LAKE EL. 1205.5 NEAR OAMSITE CONSTRUCTiON CAMP (MAX. 10,000 GPO) 9·1-87 THROUGH 9-1-89 DNR I I 01101;87 TWP 87-10 TEMPORARY WATER p 12131189 TEMPORARY PERMIT TO APPROPRIATE 151 EXPIRED RIGHTS WATER · 3 UNNAMED LAKES (MAX. 66,000 GPO FOR INDUSTRIAL USE, MAX. 25,000 GPO FOR DOMESTIC USE, MAX. 91,000 GPO TOTAL) DNR I I 01101187 TWP 87·09 TEMPORARY WATER p 12131189 TEMPORARY PERMIT TO APPROPRIATE 152 EXPIRED RIGHTS WATER · POWER TUNNEL DRAINAGE (5,000 GPM) DNR I I 01101/87 TWP 87-11 TEMPORARY WATER p 12131189 TEMPORARY PERMIT TO APPROPRIATE 153 EXPIRED RIGHTS WATER • UPPER BATCH PLANT CREEK (MAX. 66,000 GPO) ONR I I 01101187 TWP 87·08 TEMPORARY WATER p 12131189 TEMPORARY PERMIT TO APPROPRIATE 154 EXPIRED RIGHTS WATER -POWERHOUSE CREEK (MAX. 42,000 GPO FOR HEAVY CONSTRUCTION, MAX. 3,000 GPO FOR DOMESTIC USE, MAX. 45,000 GPO TOTAL) DNR I I 02!05/88 TWP 88-09 TEMPORARY WATER p 01131190 TEMPORARY PERMIT TO APPROPRIATE 155 EXPIRED RIGHTS WATER -BRADLEY RIVER OR BRADLEY LAKE (MAX. 225,000 GPO) DNR I I 02122189 ADL 222656 UPLANDS LEASE p 03/01190 REISSUE OF UPLANDS LEASE LETTER OF 156 EXPIRED ENTRY. Page No. 16 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== =================================== ===== ========== DNR I I 02122189 ADL 222657 TIDELANDS LEASE p 03101190 REISSUE OF TIDELANDS LEASE LETTER 157 EXPIRED OF ENTRY. DNR I I 05115186 ADL 222655 MATERIAL p 03115190 NEGOTIATED MATERIAL SALE CONTRACT -158 EXPIRED EXTRACTION MARTIN RIVER BORRO~ AREA DNR I I 03108188 LAS 02838 PERMANENT WATER p 04112190 AMENDMENT EXTENDING PERMIT TO 159 EXPIRED AMENDMENT RIGHTS 04112190 (SEE ALSO LAS 10581 FOR INCREASE) DNR I I 12101186 LAS 02837 PERMANENT WATER p 04112190 PERMIT TO APPROPRIATE WATER -160 EXPIRED RIGHTS WATERFOWL NESTING AREA NATURAL DRAINAGE (23.2 ACRE-FEET PER YEAR) DNR I I 08115186 LAS 02838 PERMANENT WATER p 04113190 PERMIT TO APPROPRIATE WATER -161 EXPIRED RIGHTS DRILLED WELL AT LO~ER CONSTRUCTION CAMP (35,000 GPO) (SEE ALSO LAS 10581 FOR INCREASE). DNR I I 09125186 ADL 222655 MATERIAL p 05104190 AMENDMENT FOR EXTENSION Of 162 EXPIRED AMENDMENT EXTRACTION NEGOTIATED MATERIAL SALE CONTRACT DNR I I 10114186 ADL 222655 MATERIAL p 05104190 AMENDED PROVISION II Of NEGOTIATED 163 EXPIRED AMENDMENT EXTRACTION MATERIAL SALE CONTRACT • NETHOD OF VOLUME DETERMINATION DNR I I 07112190 SCR-128 TEMPORARY LAND p 08131190 TEMPORARY LAND USE PERMIT FOR 164 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TO DESCEND STEEP BLUFF AT APPROXIMATELY STATION 570+00. DNR I I 10110189 SCR 90·026 A&B TEMPORARY LAND p 09!30190 TEMPORARY LAND USE PERMIT FOR 165 EXPIRED USE TRANSMISSION LINE ACCESS VIA FOX RIVER TRAIL (SCR 90·026 A) AND CARIBOU LAKE TRAIL (SCR 90-026 B). DNR I I 10117/89 SCR 90-025 A-J TEMPORARY LAND p 09/30/90 T·LINE ACCESS PERMITS FOR SHUFLIES 166 EXPIRED USE AROUND OBSTRUCTIONS ~!THIN ROW. ONR I I 12102/88 TWP 89-7 TEMPORARY WATER p 12102190 TEMPORARY PERMIT TO USE 15,000 GPO 167 EXPIRED USE FROM PERMANENT FACILITIES WELL FOR CONCRETE BATCHING. DNR I I 02/20/90 ADL 222656 UPLANDS LEASE p 03101191 REISSUE OF UPLANDS LEASE LETTER OF 168 EXPIRED ENTRY. Page No. 17 11!19193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLI C. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ~================================== ===== ==;:======= DNR I I 02120190 ADL 222657 TIDELANDS LEASE p 03/01191 REISSUE OF TIDELANDS LEASE LETTER 169 EXPIRED OF ENTRY. ONR I I 09115186 LAS 06998 PERMANENT WATER p 03127191 PERMIT TO APPROPRIATE WATER - 2 170 EXPIRED RIGHTS DRILLED WELLS (ONE DRY) AT PERMANENT FACITITIES (3,200 GPO) DNR I I 07127189 TWP 90-8A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 171 EXPIRED RIGHTS WATER · LOWER BATCH PLANT CREEK (MAX. 70,000 GPO). DNR I I 07127189 TWP 90·9A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 172 EXPIRED RIGHTS WATER · UPPER BATCH PLANT CREEK (MAX. 66,000 GPO) DNR I I 07127189 T\oiP 90·6A TEMPORARY WATeR p 07127191 TEMPORARY PERMIT TO APPROPRIATE 173 EXP.I RED RIGHTS WATER -POWER TUNNEL DRAINAGE (5,000 GPM) DNR I I 07/27/89 TWP 90·7A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 174 EXPIRED RIGHTS WATER • 3 UNNAMED LAKES (MAX. 66,000 GPO FOR INDUSTRIAL USE, MAX. 25,000 GPO FOR DOMESTIC USE, MAX. 91,000 GPO TOTAL) DNR I I 07127189 TWP 90-10A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 175 EXPIRED RIGHTS WATER • LAKE EL. 1205.5 NEAR DAMSITE CONSTRUCTION CAMP (MAX. 10,000 GPO). DNR I I 07127189 TWP 90-58 TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 176 EXPIRED RIGHTS WATER · POWERHOUSE CREEK (MAX. 42,000 GPO FOR HEAVY CONSTRUCTION, MAX. 3,000 GPO FOR DOMESTIC USE, MAX. 45,000 GPO TOTAL) DNR I I 03113187 WAIVER -T-L!NE WAIVER OF LAND p 09101191 AMENDMENT FOR EXTENSION OF WAIVER 177 EXPIRED USE OF LAND USE PERMIT FOR TRANSMISSION LINE CLEARING AND CONSTRUCTION CONTRACTS ALONG CARIBOU LAKE TRAIL AND FOX RIVER TRAIL DNR I I 10/05190 SCR 91-010A & B TEMPORARY LAND p 09130191 TWO (2) TEMPORARY LAND USE PERMITS 178 EXPIRED USE FOR TRANSMISSION LINE ACCESS VIA FOX RIVER TRAIL AND CARIBOU LAKE TRAIL. Page No. 18 11!19193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ~================================== ===== ========== DNR I I 10105190 SCR 91·009A THRU TEMPORARY LAND p 09130191 TEN (10) LAND USE PERMITS FOR 179 EXPIRED J USE SHUFLIES AROUND OBSTRUCTIONS WITHIN ROW. DNR I I 02126187 LAS 10581 PERMANENT WATER p 12117191 PERMIT TO APPROPRIATE WATER -TWO 180 EXPIRED RIGHTS DRILLED WELLS AT LOWER CONSTRUCTION CAMP (65,000 GPO) (LAS 2838 + LAS 2838 AMENDMENT + LAS 10581 = 100,000 GPO TOTAL) DNR I I 05101190 ADL 222655 MATERIAL p 12131191 AMENDMENT TO EXTEND NEGOTIATED 181 EXPIRED EXTRACTION MATERIAL SALE CONTRACT UNTIL DECEMBER 31, 1991. DNR I I 12/12189 TWP 90-SA TEMPORARY WATER p 12131191 TEMPORARY WATER USE PERMIT FOR 182 EXPIRED RIGHTS 225,000 GPO F~OM BRADLEY DAMSITE, 1,000 GPO FROM POWERHOUSE SITE, 1,000 GPO FROM UPPER UNNAMED LAKE AND 225,000 GPO FROM MARTIN RIVER ITS. ~h,., (' DNR I I 10101186 ADL 223192 RIGHT·OF-WAY p ACTIVE -11!'!!!! 01 t!4 W' i' DNR I I 10128191 ADL 222656 UPLANDS LEASE p • ~184 ACTIVE i. DNR I I 10128191 ADL 222657 TIDELANDS LEASE p 185 ACTIVE DNR I I 04129188 ADL 223192 HANDLING OF p 03131192 AMENDMENT REGARDING STIPULATION IV. 186 EXPIRED AMENDMENT SPRUCE TIMBER VEGETATION G OF LETTER OF ENTRY. CUT CHANGE IN THE HANDLING OF SPRUCE TIMBER CUT TO PREVENT THE OUTBREAK OF SPRUCE BARK BEETLE INFESTATIONS DNR I I 04112/90 LAS 02838 PERMANENT WATER p 12131192 TWO YEAR EXTENSION FOR ~ATER RIGHTS 187 RLNQUSHED RIGHTS PERMIT FOR LOWER CONSTRUCTION CAMP. 35,000 GALLONS PER DAY FOR CONSTRUCTION. DNR I I 07111188 LAS 11848 POWERHOUSE p 04107193 CONSISTENCY DETERMINATION FOR 188 ACTIVE CREEK WATER POWERHOUSE CREEK WATER RIGHTS. RIGHTS DNR I I 07111188 LAS 11848 PERMANENT WATER p 04107193 PERMIT TO USE 3,000 GPO FROM 189 RLNQUSHED RIGHTS POWERHOUSE CREEK FOR OPERATION AND MAINTENANCE OF PERMANENT FACILITIES AT BRADLEY LAKE Page No. 19 11/19/93 BRADLEY LAKE HYDROELECTRIC PROJECT PERM IT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERM IT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # STATUS =~==== :;::::;: ========== ================ =============== === ======== ~================================== ===== ===::::====== \DNR I I 09/10/86 LAS 12836 PERMANENT WATER p 04/12/95 PERMIT TO APPROPRIATE WATER -190 ACTIVE RIGHTS BRADLEY LAKE (750 CFS), MIDDLE FORK (100 CFS), AND NUKA GLACIER POOL (248 CFS) FOR HYDROELECTRIC POWER GENERATION ¥-DNR I I 07/02/91 LAS 6998 PERMANENT WATER p 09/15/96 PERMIT TO USE PERMANENT FACILITIES 191 ACTIVE RIGHTS WELL NO. 4 FOR 5 ADDITIONAL YEARS TO PROVE BENEFICIAL USE. +oNR I I 10/24/91 LAS 13370 WATER RIGHTS p 10/10/96 WATER RIGHTS FOR UPPER BATTLE CREEK 192 ACTIVE DIVERSION PROJECT. QUANTITY APPROPRIATED IS 7250 ACRE-FEET PRE YEAR. ** AGENCY DOl DOl I I 06/16/86 CONTRACT CONTRACT p 06/16/96 CONTRACT PROVISIONS FOR WATER FROM 193 ACTIVE NUKA GLACIER POOL MAY BE AMENDED AFTER THIS DATE IF A NPS SHOWS THAT FLOW RELEASES MUST BE INCREASED.MAXIMUM FLOW RELEASE ALLOWED WOULD BE 10 CFS. ** AGENCY DPS DPS I I 05/23/86 86D-138 FIRE SAFETY p 12/31/35 REVIEW OF LOWER CAMP INCINERATOR 194 ACTIVE BUILDING FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS I I 04/10/91 91D·064 FIRE SAFETY p 12/31/35 APPROVAL OF ABOVEGROUND FUELING 195 ACTIVE FACILITY. DPS I I 05/23/86 86D·140 FIRE SAFETY p 12/31/35 REVIEW OF OFFICE/RESIDENCE 196 ACTIVE BUILDINGS AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS I I 05/20/86 APPROVAL FIRE SAFETY p 12/31/35 APPROVAL OF SINGLE STAIRWAY FROM 197 ACTIVE SECOND STORY LEVEL IN POWERHOUSE DPS I I 04/16/86 86D-137 Fl RE SAFETY p 12/31/35 REVIEW OF LOWER CAMP WELLHOUSE FOR 198 ACTIVE CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS I I 05/23/86 860·139 FIRE SAFETY p 12/31/35 REVIEW OF SHOP/WAREHOUSE BUILDINGS 199 ACTIVE AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS Page No. 20 11119193 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== ====================;============== ===== ========== ** AGENCY EPA EPA 03131187 I I APPLICATION WASTEWATER A I I MARCH 31, 1987 LETTER TO EPA 200 NOT REQ'D (NPDES DISCHARGE LISTING CHEMICALS FOR USE IN SUPPLEMENT) TREATING CONCRETE BATCHING WATER AT MARTIN RIVER BORROW PITS AND POWER TUNNEL SETTLING POND DRAINAGE EPA 07/16187 I I APPL! CAT I ON WASTEWATER A I I SUPPLEMENTAL INFORMATION IN 201 NOT REQ'D NPDES SUPPLEMENT DISCHARGE RESPONSE TO JULY 16, 1987 ADEC COMMENTS EPA 01116187 I I APPLICATION WASTEWATER A I I NPDES PERMIT APPLICATION TO 202 NOT RECl'D DISCHARGE DISCHARGE WASTEWATER FROM THE MARTIN RIVER BORROW PITS INTO MARTIN RIVER AND FROM THE POWER TUNNEL SETTLING PONDS INTO KACHEMAK BAY EPA 12106189 I I AK-004492-0 NPDES A I I REQUEST TO MODIFY BLHP SEWAGE 203 NOT REQ 1D TREATMENT PLANT TO PROVIDE DECHLORINATION AND ALSO TO USE AQUASHADE ALGICIDE. EPA 06101187 I I APPLICATION WASTEWATER A I I NPDES PERMIT APPLICATION FOR 204 NOT REQ'D NPDES DISCHARGE DISCHARGE OF TREATED WASTEWATER FROM POWERHOUSE 3RD UNIT TO KACHEMAK BAY EPA I I 09130187 AK-004492-0 WASTEWATER p 09129192 NPDES PERMIT TO DISCHARGE 205 EXPIRED DISCHARGE WASTEWATER FROM LOWER CAMP SEWAGE LAGOON TO BATTLE CREEK EPA I I 09130187 AK-004490-3 WASTEWATER p 09129192 NPDES PERMIT TO DISCHARGE 206 EXPIRED DISCHARGE WASTEWATER FROM UPPER CONCRETE BATCH PLANT NEAR MAIN DAM TO BRADLEY LAKE AND LOWER CONCRETE BATCH PLANT NEAR POWERHOUSE TO UNNAMED STREAM OR NEAR MARTIN RIVER BORROW AREA TO MARTIN RIVER ** AGENCY FAA FAA I I 07131/87 #87-AAL-80NRA AIRSPACE p 02101189 AIRSPACE DETERMINATION FOR MARTIN 207 NOT REQ'D DETERMINATION RIVER TEMPORARY LANDING STRIP Page No. 21 11119193 APPLIC. AGENCY DATE PERMIT DATE PERMIT NUMBER BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EXPIR. PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ========== ================ =============== === ======== =~================================= ===== ========== "'* AGENCY FERC FERC I I 09119191 8221-022 FERC LICENSE p 12131135 LICENSE AMENDMENT TO CONSTRUCT AND 208 ACTIVE AMENDMENT OPERATE UPPER BATTLE CREEK DIVERSION PROJECT. FERC I I 04/25191 8221-021 FERC LICENSE p 12131135 LICENSE AMENDMENT TO ADOPT MODIFIED 209 ACTIVE AMENDMENT FLOW REGIME DURING RESERVOIR FILLING. FERC I I 03116187 8221-006 FERC LICENSE p 12131/35 AMENDMENT TO FERC LICENSE FOR 210 ACTIVE AMENDMENT RELOCATION OF PERMANENT LANDING STRIP FERC I I 12106/91 8221-023 FERC LICENSE p 12131135 LICENSE AMENDMENT TO ADOPT MODIFIED 211 ACTIVE AMENDMENT OPERATIONAL FLOW REGIME TO BE CONSISTENT WITH ADF&G FLOW REGIME. FERC I I 12/31185 8221-000 FERC LICENSE p 12/31/35 FERC ORDER ISSUING LICENSE 212 ACTIVE FERC I I 08/11/89 8221-013 FERC Ll CENSE p 01/01/92 ORDER GRANTING EXTENSION UNTIL 213 EXPIRED AMENDMENT JANUARY 1, 1992 TO COMPLETE PROJECT CONSTRUCTION. EXHffiiT "B" BRADLEY LAKE PROJECT SPECIFIC FEDERAL AND STATE AGENCY REQUIREMENTS Dept. of Environmental Conservation (DEC) Dept. of Environmental Conservation (DEC) Corps of Engineers (COE) Corps of Engineers (COE) Corps of Engineers (COE) Corps of Engineers (COE) Corps of Engineers (COE) Corps of Engineers (COE) Dept. ofFish & Game (DFG) Dept. of Fish & Game (DFG) Dept. ofFish & Game (DFG) Approval to Operate Class "C" Water System Permit date 11/4/88 Pennit date 04/3/89 Waiver Approval 5/23/91 Certificate to Construct Class "C" Water System Land Use License DACW85-3-91-88 Land Use License DACW85-2-90-24 Dredge and Fill Permit #071-0YD-2-850502 Plus seven modifications Land Use License DACW85-3-86-55 Land Use License DACW85-3-86-73 Land Use License DACW85-3-86-101 Critical Habitat Area FG 88-II-0077 Special Area Permit FG 86-II-0824 Anadromous Fish Stream, Critical Habitat Area FG 86-II-0416 Plus Amendment IV 1 Exhibit "B" Bradley Lake Project Specific Approval to operate permanent facilities -- Public water system and wastewater disposal system. Approval to operate permanent facilities -- Powerhouse Creek Source. Waiver Approval, Class "C" Water Well. Certificate to construct potable water system at Bradley Lake Powerhouse. Approval to Operate was requested 2/4/92 -- No response as of yet. COE land use license to construct and operate the upper Battle Creek Diversion Dam. Land use license for gauging station electrical distribution line. Section 10-Perform work in or affecting U.S. navigable waters. Section 404- Discharge dredged or fill material into U.S. waters. Extension of land use license to allow for material extraction. Extension of land use license for area used as access road and construction landfill. Land use license to conduct studies and design project. Road Construction Kachemak Bay Critical Habitat Area Airstrip Construction and Operation Transmission Line Construction Dept. of Fish & Game (DFG) Dept. of Fish & Game (DFG) Dept. of Fish & Game (DFG) Dept. of Fish & Game (DFG) Dept. ofFish & Game (DFG) Dept. ofFish & Game (DFG) Dept. ofFish & Game (DFG) Dept. ofFish & Game (DFG) Dept. of Fish & Game (DFG) Dept. of Natural Resources(DNR) Dept. of Natural Resources(DNR) Dept. ofNatural Resources(DNR) Dept. ofNatural Resources(DNR) Dept. ofNatural Resources(DNR) Dept. of Natural Resources(DNR) Critical Habitat Area FG 86-II-0115 Critical Habitat Area FG 86-11-0114 Plus Amendment I Anadromous Fish Stream Critical Habitat Area FG 86-II-0113 Plus two amendments Critical Habitat Area FG 86-II-0112 Plus Amendment II Anadromous Fish Stream FG 86-II-0110 Plus Amendment II Critical Habitat Area FG 86-II-0108 Critical Habitat Area FG 86-II-0107 Plus Amendment I Anadromous Fish Stream FG 86-II-0106 Plus Amendment II Critical Habitat Area FG 85-II-0824 Plus one amendment Water Rights LAS 13370 Permanent Water Rights LAS 6998 Water Rights Application LAS 14316 Permanent Water Rights LAS 2837 Public and Charitable Lease ADL 225142 Permanent Water Rights LAS 2836 2 Exhibit "Btt Bradley Lake Project Specific Powerhouse to Lower Camp Access Road Airstrip to Powerhouse AccessRoad Martin River material site access road, Battle Creek. Spoil DisposalJWaterfowl Nesting Area Martin River material site, Martin Barge dock and staging area. Powerhouse and switchyard construction and operation. Bradley River Dam, Bradley. Airstrip construction and operation. Water rights for Upper Battle Creek Diversion Project. Permit to use permanent facilities Well No. 4 for 5 additional years. Bradley Lake Waterfowl Nesting Area Appropriate water for waterfowl nesting area. Lease of State Lands near Fritz Creek for Moose Mitigation. Appropriate water from Middle Fork and Nuka Glacier Pool Dept. of Natural Resources(DNR) Right-of-Way Final documents issued. ADL 223192 Dept. ofNatural Resources(DNR) Uplands Lease Final documents issued. ADL 222656 Dept. of Natural Resources(DNR) Tidelands Lease Final documents issued. Dept. oflnterior (DOl) Contract Provisions for water from Nuka Glacier Pool. Federal Energy Regulatory FERC License To construct and operate Upper Battle Commission (FERC) Amendment Creek Diversion Project. Federal Energy Regulatory FERC License To adopt modified flow regime during Commission (FERC) Amendment reservoir filling. Federal Energy Regulatory FERC License For relocation of permanent landing strip Commission (FERC) Amendment Federal Energy Regulatory FERC License To adopt modified operational flow regime Commission (FERC) Amendment to be consistent with ADF&G flow regime. Federal Energy Regulatory FERC License FERC order issuing license Commission (FERC) Federal Energy Regulatory FERC Lieense Order granting extension until January 1, Commission (FERC) Amendment 1992 to complete project construction 3 Exhibit "B" Bradley Lake Project Specific REptLY YO ATTENTION Of': Regulatory Branch DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O.BOX 898 ANCHORAGE, ALASKA 99506-0898 .4PR 111986 Permit Processing Section 071-0YD-2-850502 David R. Eberle~ Project Manager Alaska Power Authority 334 West 5th Avenue Anchorage, Alaska 99501 Dear Mr. Eberle: BECEfVt:D t.JAS!<A PC>W:::R AUTHORITt Enclosed is the signed Department of the Army permit, file number 071-0YD-2-850502, Bradley Lake 1, authorizing dredging and filling for the construction of a hydroelectric generation project in Bradley Lake near Homer, Alaska. Also, enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. The Alaska Department of Environmental Conservation has issued a Certificate of Reasonable Assurance pursuant to Section 401 of the Clean water Act for your project and they have found it to be in accordance with the Alaska Water Quality Standards. In addition, the Alaska Division of Governmental Coordination has certified tnat your project is consistent with the A 1 ask a Coastal lvtanagement Program. If changes in the location or plans of the work are necessary for any reason, plans should be submitted to this office promptly. If the changes are unobjectionable, the approval required by law before construction is begun will be issued without delay. Enclosures ': ·:._. I ------L ___ _ '.·· •, .. . -l Sincerely, ~ilbur T. Gregory, Jr. Colonel, Corps of Engineers District Engineer REPLY TO ATT!:NTION OF: Regulatory Branch Permit Processing Section 071-0YD-2-850502 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506-0898 APR 4 1986 David R. Eberle, Project Manager Alaska Power Authority 334 West 5th Avenue Anchorage, Alaska 99501. Dear Mr. Eberle: Enclosed are the original and one copy of the Department of the Army permit, file number 071-0YD-2-850502, Bradley Lake l, to construct and operate a hydroelectric generation project in Bradley Lake near Homer, Alaska. Please sign, date, and return both copies to this office for validation. The Alaska Department of Environmental Conservation has issued a Certificate of Reasonable Assurance pursuant to Section 401 of the Clean Water Act for your project and they have found it to be in accordance with the Alaska Water Quality Standards. In addition, the Alaska Division of Governmental Coordination has certified that your project is consistent with the Alaska Coastal Management Program. It should be understood that this is not an authorization to co~nence construction. No work is to be performed in the waterway or adjacent wetlands until you have received a validated copy of the permit. Enclosures Sincerely, Wilbur T. Gregory, Colonel, Corps of Engineers District Engineer Application No. _ 07l-OYD-2-uj0502 Name of Applicant_ Al a-:;ka _ _F>O~L.AJJtJ:LQr i ty~-~--p-------~ APR 111986 Effective Date Expiration Date (If applicable) File No. Bradley Lake DEPARTMENT OF THE ARMY PERMIT Referring to written request dated November 1 • ~ 98?_~-for a permit to: (X) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S. C. 403); (X) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Clean Water Act (33 U.S. C. 1344); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P. L. 92·532); Alaska Power Authority 334 West 5th Avenue Anchorage, Alaska 99501 is hereby authorized by the Secretary of the Army: to discharge dredged and fill material and perform work in navigable waters for the construction and maintenance of the Bradley Lake Hydroelectric Project as follows: a. Construction of staging area, dock, and offloading ramp. Minor dredging of high spots and shoals, and adjacent to the dock. (Continued on Page 1-A) in Kachemak Bay, Bradley Lake drainage, and Nuka River, Tps. 4 and 5 S., Rs. 9 and 10 w., S.M. at 27 miles northeast of Homer, Alaska in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw· ings, give file number or other definite identification marks.) 11 PROPOSED: CONSTRUCT AND OPERATE A HYDROELECTRIC GENERATION PROJECT; IN: KACHEMAK BAY, BRADLEY LAKE DRAINAGE, AND NUKA RIVER; AT: HOMER, ALASKA; APPLICATION BY: ALASKA POWER AUTHORITY; DATED: APRIL 15, 1985; 27 Sheets ... subject to the following conditions: I. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Govern· ment may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721,Sep82 EDITION OF 1 JUL 771S OBSOLETE IER 1145·2·3001 1 \ b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices establish· ed pursuant to the Clean Water Act (33 U.S. C. 1344), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92·532, 86 Stat. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, or any pollutant (including dredged or fill material), into 'Vaters of the United States, the authorized activity shall, if applicable water quality stan· dards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall allow the District Engineer or his authorized representative(s) or designee(s) to make periodic in· spections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in reasonable ac· cordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. j. That this permit does not obviate the requirement to obtain state or local assent required by law for the activity authoriz· edherein. k. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro· cedures of 33 CFR 325. 7. I. That in issuing this permit, the Government has. relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/ or the Government may. in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced. as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not completed on or before day of , 19 ____ ,(three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof. he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law. the permittee shall take such action as may be neces!'ary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. 2 b. Dredging of powerhouse tailrace. c. Disposal of dredged material in confined intertidal zone and subsequent development of waterfowl nesting area. d. Construction of access roads (limited portions of airfield to powerhouse, powerhouse to lower camp, and Martin River borrow access roads). Discharge of dredgea or fill material in other waters of the United States including wetlands would occur at the following locations: a. Main dam, coffer daHIS and spill\'Jay (Bradley Lake). b. Intake Structure (Bradley Lake). c. Spoil area (Bradley Lake). d. Construction laydown and switchyard area (powerhouse). e. Future third unit site (powerhouse). f. Middle Fork Diversion (Middle Fork of the Bradley River). g. Nuka Diversion (Nuka Glacier). h. Unnamed pond crossing (upper camp to dam access road) . i. j. k. Dredge spoil Sedimentation Sedimentation disposal area ( Sr1eep Point pond dikes ( 1 Oir.Jer' concrete pond dikes (upper concrete 1. Dike (Martin River borrow area). to powerhouse). batching area). batching area). m. Access roads (airfield to powernouse, powerhouse to lov1er camp, and Martin River borrow). n. Airstrip 1-i\ s. That there shall be no unreasonable interference with navigation by the existenc" or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferree subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addi· tion, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. u. That if the permittee during prosecution of the work authorized herein, encounters a previously unidentified ar· cheologica; or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in theN a tiona! Register of Historic Places, he shall immediately notify the district engineer. II. Special Conditions: (Here List conditions reloting specifically to the proposed structure or work authorized by this permit): That the permittee shall construct the Nuka Diversion to provide for the release of water to the Kenai Fjords National Park if necessary, as determined by resolution of Federal reserved water rights by the Department of the Interior and the State of Alaska. 3 The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to com· ply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pur· suant to Section 404(b) of the Clean Water Act and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts. c. That the fill created by the discharge will be properly maintained to prevent erosion and other non·point sources of poilu· tion. DISPOSAl OF DREDGED MA TERIALINTO OCEAN WATERS: a. That the disposal will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220· 228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/ or disposal of the dredged material as authorized herein. This permit shall become effective on the date of the District Engineer's signature. DISTRICT ENGINEER, U.S. ARMY. CORPS OF ENGINEERS j_CjJ6_ __ ~- ·--·J~~-.. ~ ... o \C1J>~. ~u~:~E Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE 4 ... ·--... ··--·-· ··-·--------------------- STERLING fOGHI<u>.Y-•• " 0:~~'<.: •.,·. ~ KEN AI PENINSULA . ' CARIBOU l.AJ<£ ~ / ~ -.J ~ I? ~ ' ~ .. ~ ' -' ~~ ~~ / (c, q ~ \--. 0 . ~ 1Cl ... ILS --------· ----------· , ________________ __ ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO .. iECT I KENAI PENINSULA BOROUGH, ALASKA SHEET 1 ~ CN<O<IA <0 O<III«<SI:A ~-· ••• I'..P" WlQ_ ~ QL_lQO m... . .£10 ~ RELI)TIONSHIP OF VERTICAL DATUMS Bear Cove MLLW Datum HT t 25.0 MHH~ •M• MHW 17.80 ProJect Datum 13.83 Origin (Aeaumed) MSL + 9.61 MLW t 1.111 MLLW 0 .00 LT 4 CI.O Bear Cove MSI. Datum tll.38 1 L80 7.88 4.02 ' o.oo -8.00 -8.81 ~tll.l1 Bradley ProJect Datum tt.37 t 4.78 3.87 o.oo 1-4.02 -12.02 -13.83 -18.83 PROJECT LOCATION OF. 27 0 ATE 4-15-85 .. . . ~;~ ·~ ·~(.' I .... -..oea> HOI«lllUCniiC Aaaoc'A.llON fllrT"Z CAEIJ(, -IIOt.DO'* ~ U« I " . ~""· ... ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH. ALAS!< A ........ ~)-r~C ""-· ,.,..-;-" "" ·-~-,-~,··~.-=---..... /_,. , I· '~-~~ / . "\.. ··-·--<' .... ' .. ·-----··.:;_._ '· ~-...... , -·· ·--......... _ --- J·----.\..~ . \ ~-1-.-:~ --· I , ' ... ' I \ ,. . r--/~'" i -MKICll6 PORK \..,··....._ ... ~-.. DNERIION BRADLEY LAKE DAM i\ : \ ! \ \ \ ·~ ,, .. --· ........ ·~ '\ ·• ~-.. , i \ \ .. .. ... -·~ \ '• .. ~. \ ., ' ·· .. '•-... -..... . \. Clftrf.1i,..(.A!-'In ··, · .......... ,..:... . ·.· ::~~~~,__ --~· ___ r;~~-:~ .... •• ,:.tt:Mtt6M ""'-"'C~· .......... J( J /~NI.)(ARIVER .•· "t( DIVERSION .. -·· . /?. ! •• .., •..... \ /.'lit,./',.~_.,.;·· .. · '-; _.. I • ( ,. ,:.:~ ... ·· .• , ··.:"-. _,.,.<:·-. t',.J ·-· \ t. PROJECT MAP SHEET 2 OF 27 DATE 4-15-85 .. . . ( . I I ------ I '/ ./ I I _,- / ' I / ---~- M.t..C\.E'Y LAA£ ~.u.~ ()P(IIATINO WS [L lidO' M~ oPI:IlAllf.IO W \.lL lOa()' '"'" (L[vA•~S \o-OWII AAl aAUO OH f't«)ACT O..Tt.M M(A'l YA L£"\ILL OAh.~~o-t•PAOJ[CT o..·\Jlo' PU!S 4 ~ rT. . . ----- ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA Q)l NOTES: (1) ORDINARY HIGH WATER LINE AT OR NEAR EXIS_TING LAKE LEVEL (1080 FT). (2)-SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY, TYPE, AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. DAM, SPILLWAY, AND FLOW STRUCTURES BRADLEY LAKE SHEET 3 OF 2 7 DATE 4-15-85 ~~~, .. ~i.!'ii"~~,.,.. (f,..l ""·"'LD <t«<l-;;: .;;;;,~~,&.--.e: 1100' "'·'·''' u ' ----==::"'~ j>J!'li~ <UfR _....-·""..c;::,<. (V.<P{D ""<:: --,~~,/-· ~~ 1100< FILL ~~ ... 4. -,-.,,--..,-, ~·-· .r"" --.--.--.-.oirJt.. UP'S TREAM COf"f"£RDAM PROFil.E . . . ~ CCNCRHE !="AC[ SI...AS ........-r"' ~-;:.---·---'"' ~~ ' "' "·~ ~ r· 1 ______£ £1..11..,. , t·lf~u _ ,_)A lONE "' --~ ~' ~~:;rl~L F\.X'J£A ~ t-~.ATERIAL c~nn 6i) 18" t.if·rs l ---~---'if, --t "ll.o'! '-'f U."M• rrr-~ C\mAIN W'.i li.. 'l...it'\/ I I ZONE 2-SEU:C. ..QAFN:TED FD:~ 4li J' Uf'T!J MAXIMI.M n.M PROFILE e.--~ _,/' h.-----~TREAM COf~(ROAM- tD\..1!-...PED IMPE:R\IIOJS A).() filTER tM'r(R\At. kE.PLAC£0 WIT II RIP-HAP AFf(R CU<S1~0..) ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT CONCRETE FACED ROCK FILL DAM BRADLEY LAKE KENAI PENINSULA BOROUGH, ALASKA SHEET 4 OF 27 D AT E 4-15-85 :-· '• ) BRADLEY LAKE DAM AND . SPILLWAY ALASKA POWER AUlliORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH,ALASKA BRADLEY LAKE DAM AND SPILLWAY ' ARTIST'S RENDITION SHEET i OF _ll DATE 4-15-85 .. ----·-···-------------·-·----·---···--·-···· -. ·····---------·-·-8----------·----·-----·· ---- -~ ;! ~ -ttai ->OOd :•! ~ rr·IJ'(AOI.£'ftl't'EIItFAUlT ~l(.»'OFCJO.Jf'C> ,.. i ~' ------------:, l t:' _,.----l.AI<[ t<lOS( ,......_, e l . -~ _ I I / Lt 'h-41.7 5 I L ~-f . ,_ -,_ -------_G. __ f-------·· --·--·---------··-·· ·---~=--~ -----::"-.:=:c..cJ -~· ~~! .~r-::::::.::;:~-.... ····----\\ \ -~ 1 ~. I i \ \ I \ • I -1(• C'ONCN1::1£ \ ~1_ \ \ ~ .91661 swP£-[ LJN(D Tl.N£l \ I I -: +---+---+---4---~ ~ ~ ~ 8 ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ' i g i t i a g g a g 2 g ........ ~- T\JNNE~ FROF1~ ocg,_,g_ m ~ 'llOt1 5CAL.Cl t• 'XX/ ~-----------------------------------------.,---------------------------------------~ ALASKA POWER AUTHORrTY BRADLEY LAKE HYDROELECTRIC PROJECT · POWER TUNNEL BRADLEY LAKE -KACHEMAK BAY I_.. KENAI PENINSULA BOROUGH, ALASKA I sHEET 6. 0 F 27 0 ATE 4-15-85 J ) ' ---------------- I '~ ·lt.f,t,f"L ~\.)'<fA!. ~1\~H 14:.tS">>.foo£ 1 OJ't._tN\J~ C('N('k£1£ ( h~~f BLOC!~~. .I' \I' ,---rl :r jJj~-~~ ~-tl• STL f.'lNSTOCK ~~~L .' ---.lllii\ fll~1 _.:_· ~~ ' .. ' •j.,..·,_,.!,_,..jJ;;"T7:1~ '• ' . "'"'"' _______ _ "'f-'n.l" '• \_ f ONLET PoPE .,' ': ~ ·' r . 'Tj~ ~-~~ ·•• src """"oc' . !SCfc~~tCH <""""""'• 1~~· " · ··-:.~Er 1 · .... ~~=-~~ tint "-~-~· . --------.--m~ ·e-8~ R-+-~-·~ ___ ...........1L..Qf.t.J1:::::::~ ... ----f:_-· -~-.. ·~n-rr-r-rr-rrrr--r>-rJ--rr ~ r r 1 > 1 > > > > : • • ELEVATION· PORTAL,PENSTOCK t. POWERI-OJSE ~- ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO.IECT PORTAL, PENSTOCK, AND POWERHOUSE KACHEMAK BAY SHEET OF 27 --7. D A T E _4=-.15-85 KENAI PENINSULA BOROUGH, ALASKA Q'j PLOT PLAN-POWERHOUSE SITE 0 ~ ~~ ~ ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO~IECT KENAI PENINSULA BOROUGH, ALASKA ,\<\ , NOTES: (1) ELEVATIONS IN TIDAL FLATS DETERMINED BY Af:RIAL MAPPING TECHNIQUES, ON THE GROUND SURVEYS AND BATHIMETRY. '\,. "'"-\ FENCE (2) SEE APPLICATION DISCHARGE ACTIVITY ,TABLE.FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. ·~. '?b '[_ \ '?> cf.f)/' \\~ POWERHOUSE AND SWITCHY ARD KACHEMAK BAY SHEET 8 OF 27 DATE 4-15-85 . . . -' BRADLEY LAKE POWERHOUSE AND TUNNEL PORTAL ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA BRADLEY LAKE PCM'ERHOUSE AND TUNNEL PORTAL ARTIST'S RENDITION SHEET _a_ OF ..21.. DATE 4-15-85 SPILLWAY CHANNEL SPILLWAY WIER CONCRETE APRON DOWNSl f<EAM OF LOW LEVEL OUTLET ..... / PLAN-MIDDLE FORK DIVERSION 0 '-0' 100' w:.;; 1 SCAU tN fll J CENTER LINE NATURAL FLOW MAIN DIVERSION FLOW LINE- 3' l1l STEEL PIPE ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO.jECT KENAI PENINSULA BOROUGH, ALASKA ----- EW NOTE: SEE APPLICATION DISCHARGE ACTIVITY TABLE fOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. """ . . . ·-=- MIDDLE FORK DIVERSION MIDDLE FORK -BRADLEY RIVER SHEET 10 OF 27 0 ATE 4-15-85 ~ '• " NOTE: SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY. TYPE AND SOURCE OF FILL .. MATERIAL AND METHOD OF HANDLING. ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA ~A. NUKA DIVERSION NUKA RIVER SHEET 11 OF 27 0 ATE 4-15-85 I SECTION LINE -..t ~~ 325 FT. SELECTIVE CLEARING BOUNDARY I 225 FT. NOMINAL ~ I CLEARING WIDTH )o I I I I 1-J ,_,. TRANSMISSION LINE RIGHT-OF-WAY "'-- I I I FUTURE ACCESS ~-----1-<1{-100 Ft. RIGHT-OF-WAY £ ALASKA POWER AUTHORITY PROPOSED 115 kV TWO-CIRCUIT TRANSMISSION LINE L. BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA I s H E E T 12 0 F 2 7 D AT E 4-15-85 I )'/ / /___... KA~H£11/AK lAY ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT · ----· KENAI PENINSULA BOROUGH, ALASh.A ( /_./ t<)T(~ [l£'tAJJIOt6 $tOWN -.R( &.\$£0 Ott ~~~r:~~l o.-.tvM•~fC'f OAruM A..I.IS 4.02 Ff. ACCESS F AGILITIES SHEET 13 OF 27 DATE 4-15-85 •'-"A'.."»'<" TYPICAL ROAD FILL SECTION MARTIN RIVER ACCESS l r----------2~· ·I • 2·~ I 2%-~ ~-> --...,__ r . -==-c v ~/ ·~""'*7~ -............._. 1--- GRADED £XISTING HEV. A BOllE 12. Oo' TYPICAL ROAD GRADED SECTION MARTIN RIVER ACCESS ALASKA POWER AUTHORITY ORADLEY LAKE HYDROELECTRIC PROJECT . .___ ___ . ENAI PENINSULA BOROUGH, ALASKA 1.!1'-2.0' LAYER RECLAIMED DREDGE MATt:RIAL Ei" BEDDING GRAVEL Ei"liEDDING GRAVE ~ I I TYPICAL R~O SECTION WATERFOWL NESTING AREA IB' TYPICAL ROAD SECTION AIRPORT ACCESS CUT 51.0PE OEPENOCNT ON MATERIAL. TYPICAL ROAD SECTIONS SHEET 14 OF 27 DATE 4-15-85 r~~ ~ELSURfACE // "~"'·---------I = ~ ~"' NOH' ARMOR TO B( 2.5' THICK AND flflOVGHT TO El EV. 16.00 NEAR SHEEP POINT TYPICAL ROAD SECTION POWERHOUSE TO LOWER CAMP 71~~ CUT SLOPE DEPENDENT ON MATERIAL ,y--L~.. ., /Q$W£~~~~ 12" rRAYEL SURfACE ~~~LASSIFIED ~ DCA: .. ~?~~ TYPICAL ROAD SECTION UPPER CAMP TO DAM ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA ---.. ---·-----· 28' ---rl 2~o--I 1 UNCLASSIFIED fiLL FROM EXCAVATION 12" GRAVEL SURFACE TYPICAL ROAD SECTION LOWER CAMP TO UPPER CAMP TYPICAL ROAD SECTIONS ·o N SHEET 15 OF 27 0 ATE 4-15-85 ~>aOl ~•oc §I ~ ;.. •. § a § ; . ·-----·· ALASKA POWER AUTHORITY . . BRADLEY LAKE HYDROELECTRIC PROJECT ~ 1. ~ ... ,, .... "' ' '"l----- § ! PERMANENT FACILITIES NEAR TIDAL FLATS ~ 5 '1111 1 r !-,].""""' KENAI PENINSULA BOROUGH, ALAS·<A I ,St-IEe.r 1/o of .27 ---,----- DATE1-22-86 {t. n.!' 'iJ ~co===•5oio ...... .-.•oo SCALE IN f[~T NOTE: SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND M::.. THOD OF HANDLING. ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT . ll_r·"· "00 -~' -771'1-~--' 7n- l-[l('f' "QO't ao••Q• tva.uuu•t 11111 f YPICAL DIKE SECTION t .. -.S:;;g· '1-I'•••IIHtf UPPER CONCRETE BATCHING AREA Q ____ K_ENAI PENIN~ULA BOROUGH. ALASKA_. I sHEET 17 0 F 27' DATE 4-15-85 I NOTE; SEE APPLICATION DISCHARGE ACTIVITY T AOLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. -~~··:-:~#'::' ..AIRSTRIP I ~ G 1 "~' 1-· · -1 , J ·, -1--~-.. \~:·-·,·Jv!t.Jtlf}!f-l·t}""·l J.-)rJ .·-PJ-JJ,. 1. 1 SUOST A TION -," ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA ------·-----------.:. __ _ SHEET _18 AIRSTRIP KACHEMAK BAY 0 200 400 FEET OF_27 0 ATE 4-15-85 0----. " -- ... ~ u }t'U 400 ! ___ --u-J__ ---~ f ct:' Sol1d Waste Londlill STORAGE AREA FOR ORGANIC SOILS ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJeCT . Eol)lt-·s Nut) ----- ----------, LOWER CAMP AREA FACILITIES BATILE CREEK ' ' \ \ ' I I I I I I I ' \ KENAI PENINSULA BOROUGH, ALASKA I SHEET 19 OF 27 DATE 4-15-85 I rt\<0'Q /. :{le,( v-- -< 0 \-.0 ..... / \ ""-, '""-NOTE: ( 1 ): POND CROSSING AND CULVERT TO ""-BE DESIGNED IN ACCORDANCE '-·,WITH DRAINAGE STRUCTURE AND ~::nm.\;. ~ttij~ii\lj\\li\llli\\lill\iilll\i\liill\llb:·lilll: ~ ...... _,. '-" WATERWAY DESIGN GUIDELINES ' MANUAL. , (2~ SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING •. ............... ····· .... .... ~ .. . . ~!!!!'····· .....•..... , .... ,.. '0 - · .,,~\1\\l\i\\t\:i\\\t\\\llr~nm··;\\m{. .. ,,"!EliiH\\~~ii(l!f,!!::;,, · ··, · :ni:::tttmm:m:::m;:w~~~ :mm:mmt .... :: Fire. Con1 ro ...... ::: ... :: .... :: .... :: ... ~l\\1\\\1\1\\\~~\\\!ll\\\\\. "'-Fenced Comp~-7""" F r Temporary 0 f waste LStoroge 0 • ······;;; .. ::::::;>' .... ::: .. ::: ..... Potabie:Wclier ~Storage .......... :::::::::::;::· tliliu;:::. 0 200 400 FEET ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO.•ECT UPPER CAMP AREA FACILITIES UNNAMED POND ______ f5ENAI PENINSULA BOROUGH. ALASKA I sHEET 20 0 F 27 DATE 4-15-85 I rr .,\_,--1 ':. ----i·i---------,-, -----·r··· I --,-----,.-----.::.:· I ·:..---..·· -----I { -~-:.-. -~-'< ., I ' I ': ,I J~o>-~ \'·, ' --(; . : ,;.'-~ .. ! "·. \ ... ·.. .. ·~-. \ .. . --'\ l ·, .. , .-.:\·~. . 'i..t '-~~ . '-~//)/~~::))) ~ . ~ .. MARTIN RI\IER BCRROW AREA 'ho.~ Sf. ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT · KENAI PENINSULA BORO ALASKA ill~ i. =-~~::NT-:.. -7-:' -ll ~ TYPICAL MARTIN RIVER OORRON .AREA Dll<£ ~ _.., .... NOTES: (1) DIKE DESIGNED FOR 50 YEAR FLOOD. (2) SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. MARTIN RIVER BORROW AREA MARTIN RIVER SHEET 21 . OF 27 DATE 4-15-85 ,· ~j ___ ~ -----1· ..... () w ""') 4(, '· 0 CI: a.. () I 0: CJ t- () :::> w 0 ...J a: w 0 0: 0 ID w CI: ~ 3: a >-_J 0 :r: :::> 0.. en ~ w z ~ z ~ ~ w ·en ...J 0.. ~ _J >-~ ~ w z ...J a w ~ ~ 0: en 100' EXCAVATED MATERIAL FROM PIT 10' 2 £~~;~-~ ~ -. 'j '--'. • f •,. • r ~ - ( t :;;-~.:.:.: 7~~~711~ tlllJ ........, 20' 10' TREES AND BRUSH '. PLAN 1-'.S REOD SECTION A-A ALL TREES AND BRUSH IN KACHEMAK CREEK AND Iii UPPER BRADLEY RIVER DRAINAGES ABOVE BRADLEY jll.· A LAKE AND BELOW ELEV. 1140 ARE TO BE CLEARED AND BURIED. ALASKA POWER AUTHORITY I RESERVOIR TREE AND BRUSH DISPOSAL AREA OflADLEY LAf<E HYDROELECTRIC PROJECT BRADLEY RESERVOIR INUNDATION AREA KENAI PENINSULA BOROUGH, ALAf:.:<A ~hU-t 2-!i .. o( 2. 7 DATE Z -14-8 G DISCHARGE SITE FACILITY SIII!:ET NO Main Dam, Coffer Dams Spillvay Intake Structure Spoil Area, Budley Lake 3,4,5 3 3 Power Plant Const 8,9 Laydovn and Switchyard Area Poverhouse (future third unit Bite) BL-D-37 8 BRAr ~KE HYDROELECTJIC PROJECT J!SCIIARGE ACTIVITY EST. QTY OF MATERIAL DISCIIARGED (CU. YDS.) 1) 362,000 Roc krill 2) 8,900 Concrete 8.6 acres• lJO - concrete 4.6 acrea• 30,000 5 acres• TYP~ OF MATERIAL DISCIIARG!D 1) Argillite and graywacke ahot rock 2) Concrete (river run aggregate) Loncrete (river run aggregate) Clean argillite and graywacke shot rock 17,400 !~gillite and eraywacke shot rock 13.8 acres• 890 0.07 acres• Argillite and graywacke shot rock *Acreage of Wa~ar and Wetlands impacted SOURCE OF MATERIAL DISCIIARGED 1) Quarry-Upstreaa left abutment 2) Upper hatching area Upper batching area o Intake channel (exceaa excavation material not used as fill in dam). o Upstream portal of diversion tunnel. Excavation of power- house substructure and penstock. Excavation of power- house substructure and penstock. METHOD OF IIANDLING 1) Standard excavation, compaction and earthmovins equipment 2) Standard concrete proceuing and handling equipment Standard concrete procauing and handling equipment. Standard excavation and ea-rthmoving equipment Standard excavation, compaction, and earthmoving aquipaent, Standard excavation, compaction, and earth-moving equip- ment. COMMENTS Main daa and apillway to be constructed in dry condition; Coffer dams to be conatructed in wet condition. Intake atructure to be conetructed in dry conditions. H&terial-t:o be spoiled tn lake area adjacent to intake channel. Site located at eouth and of powerhouse, adjacent to assembly bay, Sheet 2JI of Z.1 .< DISCIIARGI! SITE f,lCll.ITY SIIEET NO Hiddle Fork l.liveraion Nuka Diversion l'owerhouae- airatr1p access road Powerhouse- lower Calup access road Hartin River Borrow accuss road Upper c8lllp- dam access road, (unnamed pond croulng only) llL-D-37 10 11 13,14 13,15 13,14 13,15,20 BRADT .... U.KE HYDII.OEL!CTIIC PROJECT ISCIIARGE ACTIVITY EST, QTY 01' MATI!IUAL DISCIIARGED (CU. YDS,) 1) 4500 - rockfill 2) 190 - concrete 2.0 acres* 60 0.4 acrea* 2500 227,900 80,000 3,500 0.17 acres* TYPI! or MATERIAL DISCIIARGED 1) Argillite and gray- \o'acke 2) Concrete (river run aggregate) Argillite and graywacke ~lean, \.'ell-drained select river run gravel Clean, \.'ell-drained select river run gravel C~ean, \.'ell-drained select riv~r run gravel Argillite and graywacke abot rock *Acreage of Wa, 1r and Wetlaada impacted SOURCE OF MATERIAL DISCHARGF.D 1) Local e~cavation 2) Upper batcbing area Local excavation Martin River Borrow Area Martin River Borrow Area Martin River Borrow Araa Rock cut from roadway Ht:TIIOD OF HANDLING COKK!NTS 1) Standard Helicopters to be used excavation, to transport personnel, compaction, and material and conatruc- earthmov ing equipaent. tion aqu1pmeat. 2) Standard concrete proceaaing and handling equipment. Standard excavation, compaction, and earthmoving equipment. Standard excavation, compaction, and. earthmoving equipaent. Standard excavation, compaction, and. earthmoving equipment. Standard excavation, .compaction, and earthmoving equip- meet, Standard excavation, compaction, and earthmoving equipment. Temporary acce~s road to be removed and affected landa rehabilitated after use. <heet-Z5 o/ Z.7 ., r Dl SCIIARGE SI1'E l'ACILITY Barge Dock Spoil IJisposal Area Lower Concrete Botching Area (Sedimentation Pond Dikes) Upper Concrete Batching Area (Sedimendation Pond Dikes) BL-D-37 SIIEET NO 19 19 21 IIRADLU I.AK£ IIYDROELECTiliC PROJECT EST, QTY OF MATERIAL DISCHARGED (CU. YDS,) 100,000 Gravel 25,000 Rip-rap 2.75 acres• 10,000 to 50,000 38 acres* 500 TYPE OF MATERIAL DISCHARGED L1ean, well-drained river run gravel (Rip-rap frow small quarry above lower camp Silty end uandy clay Shot rock or clean, SCIIARGE ACTIVITY SOURCE OF MATERIAL DISCHARGED Martin River borrow area. Minor dredging near barge dock, tailrace channel Lower quarry or Martin well-drained river run River borrow area, gravel 4 acres* 500 Shot rock or clean, well-drained river run gravel. 4 acres* *Acreage of Water and Wetlands i1Rpacted Road cute or Martin River borrow area. HETIIOD OF HANDLING Standard excavation, co!Rpaction, and earthmoving equip- ment, Dragline or stan- dard excavator Standard excavation, COMMENTS Bargo off-loading rawp and dock to be construct- ed, ae illustrated on Shoat 16, Area to be developed aa a a waterfowl nesting area !ollowin& conetruction (aee Sheet 120). Accasa road will serve as the containiRent dike. compaction, and earth- !Roving equipment. Standard excavation, compaction, and earth- moving equipment. <)i~tN;t Zip of Z7 .J • DISCHARGE SrTE FACILITY SHEET NO Airstrip Uartin River Borrow Area Dike BL-D-37 13,22 22 BRAULI!Y LAitK ll'YDilOELECTR.IC l'ROJI!CT SCIIARG! ACTIVITY EST. Q1'Y OF KAT!!RIAL niSCMRGIW (CU. YDS.) 275,000 8,9 acres"' 13,000 -Gravel 5,000 - Rip-rap 86.2 acres"' T'tP I! OF MATERIAL DlSCilARGI!.D Clean, well-drained select river run gravel and ahot rock Clean, well-drained s~lect river run gravel ar:d shot rock. *Acreage of Wat-r and Wetlands impacted SOURCE OP MATEIUAL DISCilARGED 156,000 CY from Martin River borrow area, remainder from power- house and power tunnel excavations (rip-rap from small quarry above lower camp). Martin liver power area and lower quarry, METHOD OF HANDLING Standard excavation, compaction and earthmoving equipment. Standard excavation, compaction and earth moving equipment. COHMENTS Dike will be constructed prior to development of borrow area to avoid ailtation into Martin liver. 50-foot wide bench will be maintained between toe of embankment and river, Embankment will be armorad with rip-rap on river aide to prevent eoil erosion. )/;rut 2? cl Z.7 J '. DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506-0898 .-,:-;QAO COPY .• I c. "'i/ :::: .'/ tl Regulatory Branch Special Actions Section c;,·;·~·-: ~0·r··r:: C<"~-··· ·~.~.,l i----. . .. . --···-··--·-------.... ---~ ;..,e,[i,, .. J: C(fi .... ;. l PERMITTEE: Alaska Energy Authority ·vI) ~ r -. ~ i :) :_ ... ' ~ ~! ·~ -:.· .. -·· J EFFECTIVE DATE: AUG 1 3 1991 tRE.FERENCE rNO. S-850502 /', ,I Bradley Lake 1 DEPARTMENT OF THE ARMY PERMIT MODIFICATION G Dew ____ ......_ ____ -_-__, Department of the Army permit No. 2-850502, Bradley Lake 1, was issued to Alaska Power Authority on April 11, 1986 to dredge, fill, and perform work in navigable waters of the United States for the construction and operation of a hydroelectric project at Bradley Lake, Alaska. The pennit was subsequently modified on September 9, 1986, January 30, 1987, May 22, 1987, September 1, 1987, April 6, 1988 and October 27, 1988. The permit is hereby modified as follows: "a. Construct a talus dike consisting of approximately 500 cubic yards of fill material placed across an unnamed tributary to Battle Creek. The material for this dike would be obtained from the excavation of a 25-foot square by 3-foot deep 11 intake basin" at the foot of the falls. b. Construct a diversion ditch with a maximum length of 1,400 feet requiring the placement (sidecasting} of approximately 1 ,165 cubic yards of fill material in waters of the U.S., including wetlands ... All other conditions under which the subject authorization was made remain in full force and effect. This authorization and the enclosed modified plans (four sheets dated May 9, 1991} shall be attached to the original permit. Also, enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ;::> Glen E • Justis Southern Te eader Special Act1ons Section Enclosure .. ) (fWil This notice of authorization must be ~ conspicuously displayed at the site of work. United States Army Corps of Engineers BRADLEY LAKE 1 AUG f 3 1991 19 __ _ DISCHARGE A TOTAL 1,665 CY OF FILL MATERIAL IN WATERS OF THE A permit to U.S., INCLUDING WETLANDS TO CONSTRUCT A DIKE & 1 ,400 FT OF DITCH at BRADLEY LAKE, ALASKA has been issued to ALASKA ENERGY AUTHORITY on ___ AUG_1 b3 1991 Address of Permittee P .0 • BOX 190869, ANCHORAGE, ALASKA 99519-0869 Permit Number I S-850502 I ..... ' /-.., -~ /-<_· KENAI PE.NlNSULA ); ...... /.. ~ • A ~ ·< '•" I . ··,,:..-.. - ~ . y·· ' ,. '· I J. ·....___ __ "?" • /~y • ...... ,.£ ... _. 'II> ]--<.... '}' \ ' '"',« '7/"-·---~-\ ~)j J $.fr~ \ ,ALASI(A .•.. -'\ CANADI' ()J) --~~ ~~· "' . ~ ... -i "-..... ', . 4~. 1:."'' '""' ~NCl •,\.A_ . a ~~ y~ r:F ~(-'\ . ·-;..... ' --'?' ~......, ----.. -..... -*' . ~ .... " q_'~ ~ ~~ IJ.lJ", ~ 1) D ~ I '5 HILES ""=" .......... ALASKA ENERGY AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENA 1 PENINSULA BOROUGH, AlASKA O£R1NG SE.A .~{!. rY\Cif IC OCEAN ~ «!?_ •••• ;;P p" ~_.2 '9il .. 2W W fJ2 WO..._f'> ... UPPER BATTLE CREEK DIVERSION DIVERSION LOCATION SHEET 1 OF 4 DATE 5·9·91 ALASKA ENERGY AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH. ALASKA EW .. ' .· . . . . . . . . ' . . . . . ~ . . . . . . . ..... . ~ ·. . ·. BRADLEY : · .·. LAKE .. · .. ·:· ·.: 0 5 MILES ---------- ',. ., UPPER BATTLE CREEK DIVERSION DIVERSION MAP SHEET 2 OF 4 DATE 5-q-q1 ·-+ ·-··-.. + .. • t !! ~~ I r t t I • . -;t.M.-•• ..._ .. -.. -•• -.. -.. -.. - . ·; I ! t r -··-··-··-··-· ·-·· -··-· ·-··-.. OOOINARY HIGH WATER EL 13~1.00' ... ,.. ........ 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A._ -.l L J. -..l-L J. ...1 L i. Ullll -fHlll rrr i1fTTTTTfTi""i"TTTTTTTfTT"I"TTT"TT"i""1"Ti .. i, ,,.. li!!ZIII • ' ALASKA ENERGY AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA UPPER BATTLE CREEK DIVERSION PLAN AND PROFILE SHEET 3 OF 4 DATE 5~9-91 H. TYPICAL DITCH SECTION NT1 ALASKA ENERGY AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH. ALASKA t DD<E I L T ·~ I u •• INTHCE IMSIN DIVERSION DIKE & INTAKE BASIN NTS •, 't 80TTOH OF -Of~J ~j_ UPP R BATTLE CREEK DIVERSION CROSS SECTIONS SHEET 4 OF 4 DATE 5-9-91 REPt..Y TO ATTENTION OF: Regulatory Branch Special Actions Section DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, AlASKA P.O. BOX 898 ANCHORAGE, AlASKA 99506-0898 PERMITTEE: Alaska Power Authority EFFECTIVE DATE: EXPIRATION DATE ()J C 1 2 7 1988 REFERENCE NO. R-850502 Bradley Lake 1 DEPM lMENT OF THE ARMY PERMIT MODIFICATION .JHO COP~r f ! ·---~ ...:. .. __ -._ -~~-· Department of the Army permit No. 2-850502, Bradley Lake l, was issued to the Alaska Power Jluthority on April 11, 1986 to dredge, fill, and perform work in navigable waters of the United States for the construction and operation of a hydroelectric project at Bradley Lake, Alaska. The permit was subsequently modified on September 9, 1986, January 30, 1987, May 22, 1987, September 1, 1987, and April 6, 1988. The permit is hereby modified as follows: "a. Delete the small dam and buried pipeline which would have served the diversion of water from the Middle Fork of the Bradley River to Marmot Creek. This structure would be replaced with the following open channel and basins with associated excavated material discharges. b. Excavate a basin approximately 50 feet wide by 170 feet long to serve as the diversion intake. c. Excavate a stilling basin 100 feet long by 40 feet wide. d. Excavate an upper reach channel appro xi mate 1 y 770 feet long by 10 feet bottom width. e. Excavate the lower reach of the open channel 480 feet long by 10 feet wide. f. Discharge approximately 41,000 cubic yards of excavated material at three sites adjacent to the channel and bas ins." All other terms and conditions of the original permit and subsequent modifications remain in full force and effect. This authorization and the enclosed modified plans (Attachment l and four sheets dated 8-15-88) shall be attached to the original permit. Also -2- enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHORITY Of THE SECRETARY Of THE ARMY: Encl s ({t fL( CAROL GORB ICS Southern Team Leader Special Actions Section. Regulatory Branch CORRE~::c;:•tn)EN_!:.§_DISTRI_~,.: ION ACTION: COF;t.:s: /}ttM / ,JJ IL-I w/ r- /~~Lt) Tt< J;,;; l_,.!_;AI / s vJ<= c. - t-·· /!f: C 1~,-tL t-.... -; P<'lre: _/ ) ATTACHMENT 1 MIDDLE FORK DIVERSION The Middle Fork Diversion is located approximately one mile north of Bradley Lake in an adjacent drainage at elevation 2160 on the Middle Fork of the Bradley River. The Diversion will consist of a small intake basin within the Middle Fork River channel and two open charillel sections separated by a stilling basin. The proposed diversion is located in a natural bog area. The diversion would be established by excavation. The excavated open channel design was chosen over the small dam and buried pipeline to allow for year round water flow. Frequent maintenance and use of gates will also be eliminated with an open channel. The diversion will convey water from the Middle Fork of the Bradley River to Marmot Creek, which is a tributary of Bradley Lake. The diversion intake basin will be excavated to approximately 50 feet width by 170 feet length. The upper reach of open channel will be excavated in rock for a length of approximately 770 feet and a bottom width of 10 feet. The stilling basin will be excavated to approximately 40 feet width by 100 feet length. The lower reach of open channel will be approximately 480 feet long and 10 feet wide and will be excavated in overburden. A total of approximately 41,000 cubic yards of material will be excavated from the basins and channel. All material will be disposed of in the three (3) designated waste disposal sites near the diversion or adjacent to the diversion channel within the work area limits. Waste disposal area #2 will require 28,500 cubic yards of fill. The other two (2) waste disposal areas will be filled on an as-needed basis. All waste areas will be conpacted by bulldozing and covered with a minimum of 6 inches of shot rock to control potential erosion. The attached Sheets 1 through 4 show the Middle Fork Diversion, waste disposal areas, and various cross sections. Construction of the Middle Fork Diversion would effectively impact approximately 9. 3 acres. Of this acreage, approximately 0. 33 acres would be considered wetlands for CORPS Section 404 permitting. The affected wetlands include the original Middle Fork channel, ~~d two small low-lying areas dominated by sedge grasses and low willows. Permitting for these wetlands were covered by the original CORPS Sect ion 10/404 permit for the Bradley Lake Project. 5557R/CM "" ·-··-:..-.., ---.... ..... .... •-oo ... ltA'tiC)M 4. I'IIOI"ILI · ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENNSULA BOROUGH, ALASKA ·-,-- ~ f : ' MIDDLE FORK DIVERSION UPPER REACH PLAN ([) SHEET 1 OF 4 DATE 8-15-88 ,--. · SLOPE VARIES ·2'~---;- MIN TYPICAL CHANNEL EXCAVATION IN OVERBURDEN (NTS) LOOKING UPSTREAM l-~'<r::i MIN ROCK TYPICAL CHANNEL EXCAVATION IN ROCK & OVERBURDEN (NTS) ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENI'-JSULA BOROUGH, ALASKA SLOPE OF EXCAVATION STA OoOQ 10 STA 1•70 AS PER TYPICAL SECTION FOR EXCAVATION IN ROCK & OVERBURDEN 2-2 WASTE FILL AREA 1 (NfS) li:_ BASIN \ I 1-1 ~I/ II CHANNEL ~ MIDDLE FORK DIVERSION UPPER REACH CROSS SECTIONS SHEET 2 OF 4 DATE 8-15-88 ~ ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENNSULA BOROUGH, ALASKA MIDDLE FORK DIVERSION LOWER REACH PLAN SHEET .3 OF 4 DATE 8-15-88 )> ll ] 0 )< ,., z 0 0 , n I 2•!, SlP--X ------li r-~~~~~~~~--------~~ ,.. 14•00 IS•OO ll' 01 Fl.L AS REQ'O TO EXTENT ----t 2 PRACTICAL ..eo' MIN 3-3 WASTE FILL AREA 2 ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA CHAI'#.EL EXC ~ 'Jif ~ED I 4-4 WASTE FILL AREA J M I DOLE FORK DIVERSION LOWER REACH CROSS SECTIONS SHEET 4 .OF 4 DATE 8-15-88 iD RECORD COPY FILE NO DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA _ .. _ P t'll 'T _}'-~I. /9--- ,. P.O. BOX 898 ALA~KK PUWl::-i AU i liJ11l i Y., ANCHORAGE, ALASKA 99506-0898 REPLY TO ATTENTiON OF: Regulatory Branch (ll45b) Special Actions Section PERMITTtE: Alaska Power Authority EFFECTIVE DATE: APR 0 6 REFERENCE NO. Q-850502 Bradley Lake DEPARTMENT OF THE ARMY PERMIT MODIFICATION Department of the Army permit No. 2-850502, Bradley Lake l, was issued to Alaska Power Authority on April 11, 1986, and subsequently modified on September 9, 1986, January 30, 1987, May 22, 1987, and September 1, 1987, to dredge, fill, and perform work in waters of the United States for construction and operation of a hydroelectric project at Bradley Lake, Alaska. The permit is hereby modified to include the following: 11 a. Delete the small dike which was authorized by modification 0-850502, consisting of approximately 3,400 cubic yards of fill material. The plans for the dike were depicted on •Reference sheets BC and 80 of 27, dated December 19, 1986.1 These plans would be replaced by the attached plans. b. Discharge an additional 15,400 cubic yards of fill and 3,600 cubic yards of riprap to construct a spur access road to the marshalling yard which bypasses the permanent housing and office complex. The road would provide an alternate route for trucks hauling tunnel muck, avoiding potential conflicts and unsafe conditions that would occur if the muck was hauled through the permanent housing and office complex.~~ All other terms and conditions of the original permit and subsequent modifications not superseded by this modification remain in full force and effect. CORRESPONOENCF: DISTRIBUTION ACTION: COPIES: .-) ,-<:: J (:){;.:! , • .) (FJL.£ .i ,l}yt..,...Jt ,>J'!l/C./ t?. {:c !In! L sv-~t<- Due Date: -2- This authorization and the enclosed modified plans (2 sheets dated January 20, 1988) should be attached to the original permit. Also enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHORITY OF THE SECRETARY OF THE ARMY: E nc 1 osure t-' . / u ' , .fi/ l {j , ,f{> L{'t ( ,1 /c William M. Fowler / LSouthern Team Leader · Special Actions Section Regulatory Branch ~ 66" • CMP INVEIH IN 7.0 ', ') OUT 6.5' ' <SHEET 2 9) 1 MHW EL. 3.97' H T EL.1 1.4' o •o eo" 1:£ T SCALE ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PRO..ECT KENAI PE~Sll..A BOROUGH, ALASKA 2-2<4"' CMP, A.AP GATES D.RNG COHST. INVERT IN 7.CY, OUT 6.5' ~ i• ,.,, •''' II II --------- MH MARSHALL1f\K3 YARD ROAD ... : 'y~ I J.-- 1 I '•-- _. ... : --... I. ).. - \ I '.c SHEET 28 OF~ DATE 1-20-88 MHW EL. 3.97' E 24~0" El. 18' _,<==~a.~ .. , ... t.);;·~~:·~ 6" GRAVEL SlJiF ACE 3'-0" R-2 RIPRA/ '-, WW!'Ii&. 1~ ~ ~~ ~ SHOT ROCK F RQv1 TUNNEL ~···4.,r...c:.ft .... 't/ AND POW RHOUSE 2-l TYPE G-1 GEOTEXTILE ORIGINAL GROUND EL.6':t ~---------------------92'--------------------------------~ 1-1 1"=10' ALASKA POWER AUTHORfTY BRADLEY LAKE HYDROELECTRIC PRO..ECT KENAI PEN~Sl.LA BOROUGH, ALASKA MARSHALLING YARD ROAD CROSS SECTION SHEET ~OF ...2..2_ DATE 1-20-88 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX898 ANCHORAGE, ALASKA 99506-0898 RECEIVED RECORD COPY FILE NO ··-Regulatory Branch (ll45b) Special Actions Section CORRESPONDENCE DISTRIBUT:ON P ER~ll TTE E : ALASI{A POWER Ali FiiORi fY Alaska Power Author1ly · EFFECTIVE DATE: t:XPIRATION DATE: REFERENCE NO. P-850502 Bradley Lake G~PARTMENT OF THE ARMY PERMIT MODIFICATION ACTION: (;::-/1, t : ,__..-~ Due Date: COPIES: ~.rS/t:Ly. -.. l ,e..v Pv f.!.,..J swt:c._ t5!.~ Department of the Army permit No. 2-850502, Bradley Lake 1, was issued to Alaska Power Authority on April 11, 1986, and subsequently modified on September 9, 1986, January 30, 1987, and May 22, 1987, to dredge, fill, and perfom work in waters of the United States for construction and operation of a hydroelectric project at Bradley Lake, Alaska. The permit is hereby modified to include the following: "a. Damsite Camp The dams it2 upper camp is 1 ocated within the project boundary approximately 0.3 miles north-northwest of the main dam and adjacent to the Bradley River. The damsite camp will be situated on a fill pad created by placing shot rock and other suitable spoil in a small wetland adjacent to the left bank of the Bradley River downstream of the Bradley River bridge. Placement of approximately 44,000 cubic yards (cy) of waste fill from the damsite area will raise the present ground surface from approximately elevation 1,055 to e1evation 1,070 and provide about 2.4 acres for the camp. Approximately 2.4 acres of wetlands will be filled for the camp pad. A 350' long double lane access road will connect the main access road near the bridge crossing to the dalflsite camiJ. Some blasting will be required to widen a narrow cleft in the rock to accommodate the access road to the damsite camp. Construction of the 350' long access road will cover about 0.3 acres of wetlands. v -2- An equipment trail about 1,000' long constructed from the damsite camp to a small lake proposed as the water source will cover 0.7 acres of wetlands. The equipment trail will be needed to support construction of two low dams at a nearby small lake and a heat traced water pipeline to the camp. The two dams will cover 0.3 acres of wetlands with approximately 100 cy of gravel used for each. A total of about 4.4 acres of wetlands will be filled by constructing the damsite camp pad to elevation 1,070 and its associated facilities. Upon completion of project construction the camp pad and equipment trail will be rehabilitated and revegetated as an upland site. Construction of two 6' to 12' high dams approximately 75' to 100' in length will be to provide sufficient storage and depth to allow for a 3' thickness to ice, and still provide for leaving a residual of 2.72 acre feet to preserve the quality of the remaining water in the lake near the dam site camp. Approximately 3,000 cy of fill will be placed to create the dams. Upon completion of project construction, the dams will be breached to return the lake to a lower water surface elevation and the area allowed to revegetate. b. Federal Energy Regulatory Commission (FERC) Camp Several intake methods have been evaluated for the FERC upper camp. These are shown on Sheet 9. Each alternative involves the installation of a pumphouse, insulated intake pipe and pipeline to the FERC camp. A water intake elevation of 6' to 7' below the lake's water level should be sufficient. The maximum amount of material to be excavated in any case will be approximately 80 cy. The maximum amount of fill to be placed will be approximately 270 cy. c. Permanent Facilities Domestic and Potable Water A wet well with a concrete vault will be installed in the Powerhouse Creek approximately 120' upstream from the headwall of the double culvert at access road Station 499+62. Approximately 800 cy will be used for backfill of the v1et well." -3- All other terms and conditions of the original permit and subsequent modifications remain in ful1 force and effect. This authorization and the enclosed modified plans (9 sheets dated 5-27-87) should be attached to the original permit. Also, enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosures i ) ; I '"7/ !/'' ,c l (/. ; ,, / . p. ~-1 . t .. --. 7 /vv~ 7(/ · I .· '-"r_.,r".r ~;;/Gene V. AG~ust i ne (/ -1/, Northern Team Leader ' Special Actions Section Regulatory Branch · .. ~:. ~ ··- ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA ., DAMSITE UPPER CAMP &. ACCESS ROAD SHEET _1_0F _g_ DATE 5-27-87 1 I i I / -__.. ........ "-.. 1,.-........ I / ~ \ \ l / / / .--,• ,.#' ""' ' -I I 0 Ci - -/ .u / •• -&o ____...,. / I : "") , I __.... ,"~ . , /.J> //· / ~~ .. /: . \. ~ ----00 ~---/ / t;· ~··'0• ~ ~~~ ~ ~ I / " / I ~ ·.f'""S: ~ I I ,c. ... " I \ I I I \ // 0- /',u _,/ ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT ...._ , DAMSITE UPPER CAMP - CttlOJiltJoC( I; ON I •<: f , ...... l~ -SHEET 2 OF 9 DATE 5 -27-8 7 KENAI PENI'·JSULA BOROUGH, ALASKA f DITCH TOP OF CAMP PAD EL 1070.01 2-2 SCALE 1-=501 SEE SHEET 2 f DITCH I APPROX GROUND SURFACE ( EL. ft) WATER DAMSITE UPPER CAMP CROSS SECTION 1100 1090 1080 1070 1060 -1050 1040 ' ~LASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH , ALASKA SHEET l OF JL DATE 5-27-87 \. , __ - AN 11~1 fA-(~[5 ~.o•-- ~e... lH}:::KHE:.~ 2.72. L..IN e. INSIJLAif:-0 HE.AI . /(1 RAC.E..D PIPE: "TO CAtv\ P. ~~~'~ ?t. ~e. c. •-.a::. t? INTAKE 1 - 1 SEE SHEET 1 ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENI'-Jsu.A BOROUGH, ALASKA DAM FOR LAKE EL 1205.5' CROSS SECTION SHEET 4 OF 9 DATE 5-27-87 RAW WATER TRENCH TO BE FIELD ROUTED BOT EL 35.5' . :/: FILL W/TYPE B8 FILL TO E L 36.0' & ::> WI TYPE 812 FILL / TO TOP OF TRENCH "\0 I / IQO ALASKA POW(A AUTHORITY BRADLI;Y LAKE HYDROElECTRIC PROJECT KENAI PENtJSll.A BOROUGH. ALASKA ;' /'\its ~"'1>~ Otz,.-1~ AREA ASSUMED 1H: 4V ROCK SLOPE (TYP) 8 "l r-.. N C'1 WIN2112100 PERMANENT FACILITIES WET WELL LOCATION SHEET 5 OF DATE 5-27-87 ' • 0 ·~ F-BE~M t •9 _._ 4L ~ t--- b ' in .... " 0 ·Ji 3 I I I ~ 10'-o· + 10' • o" EL 20.0' ~EAM FLOW _j4 ..:----......--...--,....-1.._~ ·-.......____ A S S U ME 0 1 H • 4 V ROCK SLOPE frYP} tF OB EXC IS REOD, EXC AT 2H: 1V (TYP) '---2 1 ·0• HOLE TO EL 15.0' FOR WELL CASING 120-0 UPSTREAM FROM J1 CONC VAULT ...,........ . ·I ROAD HEAD WALL .ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH. ALASKA j 3 DETAIL D l:.t\CAVATION PLAf..J PERMANENT FACILITIES WET \'\/ELL SHEET _§_OF 9 DATE 5-27-87 k-- TYPE R5 RIPRAP (PLACE AT ANGLE OF REPOSE) INSIDE EL 45.0' J I >)}.)77 II\ L \ NY>~ r-1"1 NO FILL / I VAULT------ 'dCMP ._EL.__JQ.o' • J##_~$~=~4M~mt 1f---~.---:-:-J7 "2' RAw!·~~ • . -! ·• r. _. -:=-~--EL34'-o TOP CF 89 WATER l ~ ~ FILL (TYP) Llt~E 4 I EL 38 0' llto.<>E OF ·-· Tfl EriCH 1 ~ EL 35.5' \1 ~·- 3-3 SEE SHEET 6 EL21.0' EL200' 89 FILL 4-4 SEE SHEET 6 PERMANENT FACI Ll TIES .ALASKA POWER AUTHORrTY BRADLEY LAI<E HYDROELECTRIC PROJECT KENAI PENNSULA BOROUGH. ALASKA WET WELL CROSS SECTION SHEET_1_0F ~ DATE 5-2/-87 ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT K-mAI PEN~Sll.A BOROUGH, ALASKA ' ~~=~=-=-==--=--~----PROJECT BOUNDARY FERC UPPER CAMP WATER INTAKE I PUMP HOUSE LOCATION SHEET 8 OF 9 DATE 5 -2 7 -8 7 ,., hJ•uLA.'TIO HU..~ \..11!1' ~ I .. Hol-l.. • f\..11"1<"~·- WATE::R .......... !<-£ t.J"'Ul.A.TiiD 1.JT~ f'lre ALTERNATE A P\JI-'II" ~.::>ll:>ii. 1-le:.LJ~~,.,LL~HIGH WATER LINE !1'-1'1~ ~ f.t. 1_!.~ ........ IIJ ~<.11.·"-T c;.. c:> ~~~.l};-P \.J~T • w:=::::::::~ ALTERNATE B lb' C::t..~ ~"'-r&~L &>"G.'"' a..~,-.........,_ ,.,,., 1'011: ·~e. f'I'.OB-:Oc.J -/ ...... LHIGH WATER ~ IO.t..,l..,...s,a: LINE e.o&.P"Ee ... u.o ~ •wr~l!. """"'TT~"I ALTERNATE C '\ .ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENNSULA BOROUGH. ALASKA FE RC UPPER CAMP WATER INTAKE/ PUMPHOUSE SHEET JL OF JL DATE 5 -27-8 7 ----l ) [fWl! This notice of authorization rnu~;t bE) ~ conspicuously displayed at the SJte of work. United States Army Corps of Engineers BRADLEY LAKE l 0 1 SEP 1987 19 __ _ TO DREDGE, FILL, AND PERFORM WORK IN WATERS OF THE U.S. FOR A permit to CONSTRUCTION AND OPERATION OF A HYDROELECTRIC PROJECT at BRADLEY LAKE, ALASKA 0 1 SEP 1987 has been issued to ALASKA POWER AUTHORITY on ____ 19 __ Address of Permittee POST OFFICE BOX 190689, ANCHORAGE. ALASKA 99519-0869 Permit Number I P-850502 I ENG FORM 4336. Jul81 REGULATORY BRAN~H (ER 1145-2·303) EDITION OF JUL 70 MAY BE U8ED (,.,lfllrilftt: DAEN•C., RI::.(..;UHU vUr FILE NO DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O.BOX 898 ANCHORAGE, ALASKA 99506-0898 _,_-·· I , _l:_.L.-. __ J_, :-: ... : LL REPLY TO ATTENTION OF: Regulatory Branch Special Actions Section PERMITTEE: Alaska Power Authority EFFECTIVE DATE: 2 2 MAY 198 ;. EXPIRATION DATE: REFERENCE NO. 0-850502 Bradley Lake DEPARTMENT OF THE ARMY PERMIT MODIFICATION '' "'' r·. ,-iC Department of the Army permit No. 2-850502, Bradley Lake 1, was issued to Alaska Power Authority on April 11, 1986, and subsequently modified on September 9, 1986 and January 30, 1987, to dredge, fill and perforn1 work in waters of the United States for construction and operation of a hydroelectric project at Bradley Lake, Alaska. The permit is hereby modified to include the following: "The ta i 1 race basin ;vi 11 be 90 1 wide by 40 1 1 ong and cut in the rock adjacent to the downstream end of the powerhouse. The channel bottom is set in rock at elevation -6 1 (from the powerhouse to about 40 1 from the powerhouse). Beyond the limit of rock the bottom slopes up into the tidal flats from elevation -6 1 at a 18 horizontal 1 vertical slope. About 211 1 from the powerhouse, the tailrace basin daylights at elevation 3.5 1 into a 176 1 wide channel. The remaining tailrace channel maintains a width of 176 1 and a bottom at elevation 3.5'. Thus the tailrace channel will include a relatively narrow top width, a moderate flow depth and a fairly swift velocity. The channel terminates at a tidal slough about 900 1 from the powerhouse. The outlet channel has no constructed bottom slope and will not be riprapped. The sides and bottoms of the tailrace basin in the tidal flats require protection against uplift from artesian pressures found to occur in subsurface sand layers. Riprap in the tailrace basin and installation of sand drains will provide the required prote~~~~~~~"~1~-E-S_P_O_N_D~EN~C~E~O~lSTR~~~B~UTI~O~N71 ACTION: COPIES: ~~~-), 1.·1. ·~L )tu~G Due Date: 2 The following approximate quantities will be required for the tailrace: Material dredged from tailrace channel 5,900 cubic yards (cy) Material dredged from tailrace basin 12,200 cy Material excavated from tailrace basin 3,800 cy The total amount of material excavated and dredged will not exceed the amount in the permit granted April 11, 1986. Two settling ponds will be constructed from excavated rock. The settling ponds will treat tunnel drainage water prior to discharging it into Kachemak Bay. The ponds will be an extension of the marshalling yard and require a total of upproximately 11,500 cy of material for construction. The water will flow by gravity into one of two parallel ponds each sized to handle a peak design flow quantity of 6,250 gallons per minute. Flow will alternate between ponds to allow for cleaning. Discharge from the settling ponds will go to a third pond used for backup purposes. Discharge into Kachemak Bay is via two 2' diameter culverts. The settling pond outlets are equipped with a baffled weir outlet for ice protection and a low level outlet pipe for draining the ponds prior to clearing. A silt fence is placed upstream from the baffled weir to remove fine particles. All three ponds have sorbent booms at their outlets to avoid the possibility of petroleum product contamination." All other terms and conditions of the original permit and subsequent modifications remain in full force and effect. This authorization and the enclosed modified plans (reference sheets 8B, C, D dated December 19, 1986} should be attached to the original permit. Also. enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHO~ITY OF THE SECRETARY OF THE Enclosure ARMY: .. ~ r7 / J 74/J: '(/{1{<-;t~ Gene V. Augustine ~~ Northern Team Leader Special Actions Section Regulatory Branch \ .. . I .. · (fWll This notice of authorization n1ust be ~ conspicuously displayed at the site of work. Unlted St$tea Atmy Corps of.·~ il MAY ·1987 BRADLEY LAKE 1 ·19 __ _ OR~,_FILL· AMD · . .-ORM WORK fOR toxsTRUC;ION AND OPERATION. OF A permit to HYDROEUCllUC.'"'OJECT at BRADLEY LAKE, ALASKA 2 2 MAY 1981 has been issued to ALASKA POWER AUTHORITY on_· ___ 19 __ Address of Permittee ~=-=-=~==...:;..;;.;==;;;;;.JL...::.=...;;;;::;;.;;;..;;_~;-:-;;--.::.=:;..::__ Permit Number 1 0-850502 I FOR: District Confllru~ GENE Y. AUGUSTINE NORTHERN TEAM LEADER REGULATORY BRANCH ENG FORM 4338 , Jul 81 (Eft 1146-2.J0a) EOITIC* OF .IUL 70 MAY M u-. (l"ropOIIMf: M.,._OW'Ot DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O.BOX 898 ANCHORAGE, ALASKA 99506-0898 CORRESPONDENCE DIF -~ --·-:q ACTION: C ~-: ~P'J;ri_<JC'./__ REP\.Y TO ATTI!:NTlON OF': Ht:CORO COPY Regu 1 a tory Branch FrLE NO. Special Actions Section n VI-r _r:_f!l.L.d ~-I. I CJ PERMITTEE: Alaska Power Authority - EFFECTIVE DATE: 3 0 Jl\N 1987 EXPIRATION DATE: REFERENCE NO. N-850502 Bradley Lake DEPARTMENT OF THE ARMY PERMIT MODIFICATION (;:::>~.-£:) ---I ~vpr;U .swcc B~~!..- Due Date: '' Department of tne Army permit No. 2-850502, Bradley Lake 1, was issued to Alaska Power Authority on April 11, 1986, to: "Dredge fill and perform work in navigable waters of the United States for construction and operation of a hydroelectric project at Bradley Lake, Alaska.~ The permit is hereby modified to include the following additional work: "Add a 500' dog leg extension to the t~artin River Dike and a drainage channel parallel to the dike. Approximately 2' of material would be added to the top of the dike. The temporary landing site would be extended j' to the west to enhance the landing and takeoff capability. This would involve filling in a portion of the existing channel. Two feet of fill would also be added to the entire length of the runway. Some trees at the east end of the runway would be cut in order to increase the landing site clearing zone. A total of approximately 12,000 cubic yards of f i 11 would be placed." Also, General Condition 'o' of the permit is hereby amended to read as follows: "That if the activity authorized herein is not completed on or before 11th day April 1989 this permit, if not previously revoked or specifically extended, shall automatically expire." All other terms and conditions of the original permit remain in full force and effect. -2- This authorization and the enclosed modified plans {revised 21, 21 A, 8, C, of 27 dated 20 November 1986) should be attached to the original permit. Also, enclosed is a Notice of Authorization which should be posted in a prominent location near the authorized work. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosure Larry L. Reeder Chief, Special Actions Section Regulatory Branch " ' ! -' ~h-i/~ / -/[' :.:-.:, -', ~ -/ \ '\• . I r", ' \ • ';'l ' ' ,,.,..._-----TEMP. RARv'· ~--· -£ ACCESS ROAD LANDING SITE I /-~ WETLAND BOUNDARY SEE PARTIAL ~PLAN SHEET 21A MAI<Tf-1 RlV!J! BCRilQW APEA ~ ~- ALASKA POWER AUTHORITY -BRADLEY LAKE HYDROELECTRIC PROJECT KE.NAI PENINSULA BOROUGH, ALASKA NOTES: (1) DIKE DESIGNED FOR 100 YEAR FLOOD. (2) SEE APPLICATION DISCHARGE ACTIVITY TABLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND METHOD OF HANDLING. (3) HIGHEST TIDE (HT) : 11.<4' MEAN HIGH WATER (MHW): 3.97' (4) MARTIN RIVER BORROW IS LOCATED IN A WETLAND AREA MARTIN RIVER BORROW AREA MARTIN RIVER I I . i I I SHEET 21 OF 27 DATE 11-2Q-86 ; ....... ' f ~ ' g ~~ :.: ~ r: n r ! L . r: 'i I. l l· ~ ( ! ! ' r ' ' t t ; !!QQ--- PIT NO.3 ~ RESTRAINING BERM (NOT BUlL T} PARTIAL PLAN - LANDING SITE AND MARTIN RIVER DIKE SCALE 1":140' A N .. t!JL 9oo·! ~r-------!'2.11----..., ·---~-;6-- ( TREES TO BE CLEARED I I , i , ' ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA MARTIN RIVER DIKE EXTENSION AND TEMPORARY LANDING SITE UPGRADE REFERENCE SHEET 21A OF 27 D A T E 11-2Q-86 ( f ~ ~ ~ I. ~ r • L • l r I ' . l r t ~- r: t. r· t r. r I. r I i I. f .. ~ l t, HWL 42.3 10' j• 9'! ·j 5' 5' DIKE SECTION A-A SCALE 1":10'-o• 10' 13' (Note: Slope end of dike at 22.1 and rlprap end) EL.12(APP•o•.) -------------------z EL.4 ~j ~ 1. 12· .I. 1 o· .I. 12· J NEW CHANNEL SECTION B-B NO SCALE I I , \ ' I MARTIN RIVER DIKE EXTENSION AND TEMPORARY LANDING SITE UPGRADE .. ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH, ALASKA REFERENCE SHEET 21B OF 27 0 A T E 11-2G-86 f f 1: t t. '· t t f ' i f t ' ' t ! f I -~ CROWN+ 2' ABOVE EXISTING GROUND LEVEL ... 1.5% EXISTING GROUND LEVEL LANDING SITE SECTION C-C 30'-0" 6" SURFACING MATERIAL SUBGRADE: MARTIN RIVER BORROW MARTIN RIVER TEMPORARY LANDING SITE TYPICAL SECTION NTS .. 1s·-o· + 1.66' 10.33'lf.! +0 I I , < , I ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT l<ENAI PENINSULA BOROUGH, ALASKA MARTIN RIVER DIKE EXTENSION AND TEMPORARY LANDING SITE UPGRADE REFERENCE SHEET 21C OF 27 0 ATE 11-20-86 f I t v r I ' : l I , l l ~ ~ ~ I I t t ~ ~ t_ t r k f i ~ ~ f i f t I ' I, ~- 1 I I I ! Onlted States Army Corps of EnQll1eers BRADLEY LAKE 1 3 0 Jll.N 1987 19 __ _ DREDGE FILL AND PERFORM WORK IN NAVIGABLE WATERS OF THE U.S. FOR A permit to CONSTRUCTION AND OPERATION OF A HYDROELECTRIC PROJECT at BRADLEY LAKE, ALASKA has been issued to ALASKA POWER AUTHORITY 3 0 JAN 1987 on ____ 19 __ _ Address of Permittee 334 5TH AVENUE. ANCHORAGE. ALASKA 99501 Permit Number ~ ?/ _/ ,.~-N---8-50_5_0_2---------.~ --' FO~: Di~ -~LARRY L. REEDER CHIEF, PERMIT PROCESSING SECTION REGULATORY BRANCH I EH0 FORM 4336, Jul81 (EA 11<45·2·3031 EDITION OF JUL 70 MAY BE USED (PropotHIIK: IMEN·CWOl .. ,.... ~ --• -_., -• ~---.,.., . ._,._ ... ~...,_-.,_... -.... , ........... •r,•.-,-.. "':'•')(";-..,.,~":~."V,T",~'J.. -~-.. -. . . ;;• ' ' ~: DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA R£PLV TO ATTENTION OF: Regulatory Branch Permit Processing Section P.O.BOX 898 ANCHORAGE, ALASKA 99506-0898 PERMITTEE: Alaska Power Authority EFFECTIVE DATE: 0 9 SEP 1986 EXPIRATION DATE: REFERENCE NO. M-850502 Bradley Lake DEPARTMENT OF THE ARMY PERMIT MODIFICATION SEP 1 0 1986 ALASKA POWER AUTHORI1Y Department of the Army permit No. 2-850502, Bradley Lake 1, was issued to Alaska Power Authority, Post Office Box 190869, 701 East Tudor Road, Anchorage, Alaska 99519-0869 on April 11, 1986, to discharge dredged and fill material and perform work in navigable waters for the construction and maintenance of the Bradley Lake Hydroelectric Project. The permit is hereby modified to include the following: a. Delete the original airstrip and widen a section of the access road adjacent to the waterfowl nesting area between station 532 + 55 and station 556 + 62.02 from 28' to 75' to form an alternate landing strip with approximately 67,000 cubic yards (cy) of gravel fill. b. To construct an access road turnaround north of the powerhouse using approximately 38,000 cy of gravel fill. c. Construct a marshalling yard adjacent to the tailrace on the south side of the powerhouse using approximately 37,000 cy of gravel fill. d. Discharge approximately 25,000 cy of clean overburden material excavated from the road fill area into three areas between the road prism and rock bluff south of Sheep Point. The total area of fill would be approximately one acre of irregular shape and depth. All other terms and conditions of the original permit remain in full force and effect. I /-_----- ! i '" -2- Tnis authorization and the enclosed modified plans should be attached to the original permit; 7 sheets: sheet 8 of 27 dated 8/26/86; sheet SA of 27 dated 8/29/86; sheet 13 of 27 dated 8/26/86; sheet 13A of 27 dated 8/29/86; sheet 16 of 27 dated 8/26/86; sheet 18 of 27 dated 8/26/86; sheet 18A of 27 dated 8/29/Sti. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosure ~?J7!4L_ Don I~. Koh 1 er Chief, Permit Processing Section Regulatory Branch !;;· ~-·~ ·.-r ~ - . ,\-\-:I·.~ 1 1 ( '.: \ . I :·, . ---~;-;::::1.1 ·-.. ' . ,.1 ;(-k"Jmr:ill' ~, ~ I ~! ~ ~-rll . tl , , t -. t ~ I l({,l-( ~~~ -_ ~II -J -~J1)1 \¥: ; '· I . ,, \·',I ' . ·-~ \.1!11" ruou•• j I ~ it• ·~"'"'"' r·· ''-I " 1 t; i'"~t.~ ~ ~ ~~bt.\~ l j -";:::~u-·1·.~~, · · -•. ~~ !~ ' ,-'"'-. ' I ..------.-· --~· -, . -~·l r ~ I y-_I: --I ~~/~'J --~ ~~~~ ) 1 r 11 :::t rut,.~ .. " l.l ' ... .1,·~ t 1(1\IIL 1 cc,.;~''""-".' o~ CO...h•.t.CJI r .I . lj i ~ L hi i j l i HT EL 11 ,j,] .4 ( I "\' . l)l I ~-~'" ~~t(II)'Ull /(i r--____-'\:___~-i!J/l ; C-----><---::~h <~~ '10 ()(~_;;;~.·:,'Y~// ~t,.''/- "'/ ... ::.v-~ ~ / ) -.. ···;-.... / //' ::-£..: .......... -&. / -_,.,;/.-':~""""''' .. / ~ .. -...:::::::::::: /' /);/....... .--::-· ., ..... ~ ,\§ .. ~·· ( ( ,./ --./ .. ;~~-:/<·· • ~ .. >·? ~ '-.::,., _.._ __ .... !;:=·· -~·· .·/ -~·%·,;=--/ / ~ ---·-·····J?·. ·" .. ~<.../. . ... ---·"[._ ... ·.". . /"""' "" . ' ,,::p-' / ' " . . , / ,.,•o :..,./ /. ...---· / ' ' / -/ • 8 ALASI<A POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT I ~~ ~ NOTES: (1) ELEVATIONS IN TIDAL FLATS DETERMINED .. BY AERIAL MAPPiNG TECHNIQUES, ON THE GROUND SURVEYS AND BATH!MEHI Y. 1)_ ,·I (2) SEE APPLICA TI ON DISC H AnGE ACTIVITY TA,BLE FOR QUANTITY, TYPE AND SOURCE OF FILL MATERIAL AND I.AETHOD OF HANDLING . (3) HIGHEST TIDE (HT): 11 .37' MEAN HIGH WATER (MHW): 3.97' (LOCATED APPflOXIMA TEL Y 1/4 ~~ILE WEST OF THE POWCRHOUSE ON TIOAL fLAT) THI S ()UAWtlKi ~iH()W~ $tl[" P~Ef-'NlAfi~..'N CONI HAC I W(ll<~ .. -. -------------------- POVVERHOUSE AND SWITCHY ARD KACHEM/\1( nAY '--!SEI-J_A I PENI~SUL_~ BOROUGt~-ALAt·K_A __ _ DATE ft-26·-~1J: -~-~--~ ....... -'----'----. S H E ET -~~--0 F _£ 1 -------··-... --.. -·-· --=-· -----·--______ .. _ _._ ..... -----------------------llll;;::o::::::::::..:c::=:::=:::::::::=.c• ~· .....,~·.::··~-~·~L~·.:.·:::'·::.· ::··:..:·..:"~·~-.:: .. .:.·::.·.:.:·&l...lo._J I I .A~ j. I IJ"• "'-"'"---••-' .0 'I l 'l _.._. .. . . .. .. .. . .... ·.:..;.--.....:·~-~---------, !>"GRAVEL~ ' EL18.0' ~--~ . !W - ... ~ ~....: 114).·/Y~ FILL . H T EL 11.4 1-1 ~ o.oFEET SCALE• 1' • 40' l ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PR0JECT KENAI PENINSULA BOROUGH, ALASKA MARSHALLING YARD CROSS SECTION SHEET REFERENCE SHEET 8ft OF 21 DATE · 8-29-86 - -------- l i I ( I /' 11-vu"-· -. . ~--. ~."/ L-s .. -:=--z·--.-.--_/ I I ·',.-- 1 -----_ / / . ~ /.---' 1 1 1 -----.. ---" "4 / t I . --· ----· ----·· _ _. -~-" d; . r·J _./ .-~-( --. J ------J.-fiS .... , ~> / __ .... ' ( I Ii I J ./1~=--.;·-r ;.';, -·7·=-"--{ tt/--~ 1--\_ \1 J f'\. • ""' ... / \ ~. .f"' ,_/ // ---------~-:_-( ' [ ' ) I •., ,--·· f __.;--J ;· • • ' (__....":-~ · , ---·--.,-t~/ j 1 -· -· -/ --. /' . '? ·' . ; ,. ' I _/' ~,.___ /-./ ' \.. 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( > _) \ I '\ -'< -----)1 '-A, / \ ~ \ r V : r-~--', ~-, --------__ __,...J---c, . ~ .) _J> ;-· c·· \CJ <"''\j ?1-l.~ ~·.(: ~· · .· ,,~~ c_ ____ .:::::----~----.; __ · ) , "-' -j . . .\• ..... -' v ~ \ _--\- 1 z ---' ....___,; ' n· ' " • " \ •~ I '-I ,-,I .. I _; \ 'tJ ' ~ ' / ' _--. ~-, ' ---.' 7 ' (-... -' 'i ' . ' \; ' I • " '1 ' .. '.. c·-' 'U '\ ( ' ' -~ -·/ J '-' '· \ ' r • --~ ) 'r -;:q· t::.s -~ - --------.... '"-' ' ' . _,. -. -' ' .. . ~ ' ' -• -•· J ' , v ·--'-:: 6( ------j-r -\ ~ 1 , \" ( (, \ ( , ,_ ------. 0 .... ~~~\.. •-·-I /-''''J ----. , ---'- 1 .. ------. ) • '· -<7 ; . . .. "' " . I ( \ \. . \.~1~-\ '· --:-,:;-.:::.;;::: --,, .) r \ \ i.-. . . ~· -... ... \ ,-:·-. \ ::, .__/ , .... r -•-'-' • c . JF. ( \.... -. '" // 1 • ·• · ---1 .· 1 r~-' v ' ) ./ I ''"' • , ~ ~ • ll£\rAi o0>6 . · •' Y PIIOJU: 1 ~OwN AI<( , / -___ ,.. ,..-_] o•Lo.N scJ"L'r · 8 •SCO 0" ()AlUM f\.u' ~~lo:~~M• f'ffOJ(C1 ALASKA POWER AUTHORITY 1 ~ ACCESS FACILITIES BRADLEY LAKE HYDROELECTRIC PROJECT KENAI PENINSULA BOROUGH. ALASKA ------o-__. --·· 0 ATE _8-26-86 ---· ---I SHEET-~ OF_kl • f .{lj' .. ., ..•• , .. .;:: .... · . .JII ~ ~ _·,t;~~-~~:· -:~· .. •P"= ;~~ ~.:-:·.· , -~ . • ~""\ ·:-·j . .. . . i --t--oocK fACILIT'f c ..... ,I ·"· •: I' . J_,--,. ''!t·· r'· .I ' .• ,_ • f ;,"",·.-. ... .;'/ J .-'· ··". ·~ -· "" . . . ~~-~~i . ·.!; .... t · ·H T • it .. · ~ E L 11.4 CLEAN ·"" FILL ; . , . A WET LANQS~--~iflOIWfJif&~ .-r'l .. MH W-.. ' ~. . i ~--9 f:)' ~ ... ·t ~ ,. : .. ··;,.,..· ~""' . . .,.~· .~ . ..... =~ J •·• \.\1~ . ··.v. ... ) . ··~ .. •·· \\.\.·' ~e~ • . :~.~ •.• ·:~~~~~~ ~~ '_:'\..._ •. ' i ' ' ,. ~· ... ~ ·. ·.~-~--· '' ·• . r ··~ J • • \_.. ••• .. . · .. -~ .• ·~=·: ... .ALASKA POWER AlJfHORITY ! ·.BRADLEY LAKE HYDROELECTRIC PR(jJECT .. . . . .... ( - .. ' ~0 ~0 10 0 0 0 0 0 0 .f ··. 1 N ·o · N .. I T YPICAL .. SECTION A-A ' --.. DISPOSAL. AREA-CROSS SECTION .. ... . KENAI PENNSULA BOR9UGH, ALA~KA _j REFERENCE $HEET I~A OF 2! .-DATE 8-29-86 2 -------- I §I _i ·1 .. ~ ~,-. •. '" ' . .. . . /;;' ' ... : ' ,J.v I 'l · ~ ~ --~--~-' ~ ~--__ ! · ,I · r<:t;-/; ......... ~1 lti,I&IUII II I ... ~&H tll(tro ...... l .. 1 .... 1110 a .I ~ If··· I -------·---. _" ~ ~ .;-s;>.~f .:; .., ~ ... I /~""j~ s SHEE T 1 -----------'--... .. _! -~~"' {t -~ I l /-----::--,j · '(\ ~ ~--->v ·-_c/"r~---ce -' II 1 I '""0 : ' _......::;.:.:.~ ,··~ --' ~.{A ___ ... _ I ~1-~[y;~ .... "" ,. ..... -~· • .. ... ' ". l • .. '" ~:.::l~tY " J , ...... ,· . '-)rjv .\\\ I PEHI 1 .\NENT -_,~, .. -·-x ... --·::--":_ .. 1~~; t'f'-lt ( ) •«::>~ 'I ! 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J#JIIt't~ (L[V 1100' {.J\:'f f ~··-~ r ; ·!4'\0H'.CIAI. ·t.s•'l. w:o .. ~::..·t.:.,_!.:;<\ .• ,1. ···.;'f ;,~ .~"J."'..,'•""" Wi .• _y. w .ll .lJ;;.---... ...,,, • .,';:._ .• , .... ff""~· i;.:-,•,--• I. --~ r '"-"""''·· , • ' ..•. /, ••. ,. I ., . . • ···, ll'.'ll· lO' ~WLt•t..Nt 'A.I.A.Ol!""" .. _ •. -~t'I'JA.f lY~ICAI.. NESII:: H)H loifvfvf.~:~,t,:•~l, \ 9 . "' l>l.ANO r ~., I ~A,L..~t.~ ·--]-· --1;;,;1 ;c";·· ------~~~ ~~~~ -~~:_ ~r0~·: • _:t~~~._., 1 I -.• I ·) r-t \1.4Al.L l b• • ')'-h"' ~··It> "'IL'IUM J 4o4 IU i'O" IO·JU ~41ofV( I ·J~ .o . • "' L"'."''·~·· .. ·~~·~· ··--· ~ ---: __ _:_ ·-j -~~ .~:-..:. 0 "' ,.. ~--···-·--\IC,t,;(tt.•U "I . v -"~' wo;. u. "4kt SE CT IOI'-J A ·A ~ .... ,"-.-..C\1\\I.L. ALASKA POWER AUTHORITY BARGE DOCK, WATERFOWL NESTING AREA AND LOWER CONCRETE BA TCHING AREA BRADLEY LAKE HYDROELECTRIC PRO.JECT KENAI PENINSULA BOROUGH, ALASKA S H E E T f6 · 0 F · 21 DATE _8-·26-86 11.1 _!_,. L .i ,, . ...., I • ~I ;. ; I • i I I I _, ~ u -~ : ~I • I I . ~ •• ;.; .. .. "' * i "t "'0'' •• holt .. ~I• 'Hl•Otl .. \U•...O ::'o':.! ~~~\::~.,.~ ~~~\''i~, ... i )) . .:,;oJ~A(I O·GIO •*\11•,. CIIOW'" \t,.~J.& ~ u ~ ., --...--- 1 i .. 1 .,,.,"-.. t'Ct .... .,.,,~ ..... ~ ~-VM Uio'lltiU..IIl .. l -..-il· r•t:Cl\ .. ~0 au.u l.lfrlor ····· i ;; ~ PLAN -------------· HI ;. ~ ~ ~ ,, . ~ ~ ~ ~ -~I --------I ---------·----------•-----------------~---·-----'-·· ----·-------------·--- l-~ -···---------·-__________ , __________ ·······----------·-----·------····- ... ,~, ,_ --~ ~ . . I ' I I -~-~~-~---------~l~~~:~;=-~--~~~=~ ~ -~-~~~~=~~-~=~~o~[ .-~-=-~-=--]=·_];~ -~ --····· nu<• """ ----·--·-----. ····--------··--------------------- ,:~-----------·-·· ---------·····--,<J~uo···------ LAN~n-~.'tlf1P ur..•J~ot ~c •u: ... \lIt I \"All U -u:oo -----.. :;i~,-.... -. ••• ------~i!oo--···· '~, •. ,._, • .-c ...,.u !" bi'~n~~~~ ... ~·fM)WIItl r ~:tft~~l \UII~ '"·•loJ @ ~ .... , 0"1 1110,.0 et" ~ I "''c;: • HOI 1~ C Ollff••C'I r :1t.A~_.. r~~·;~·~.::.-·'"' "-" t ...u~ --+-_)! ,,_ . ~ '" 11j v.,.,.,, ' i )I •o• r.~·~-~-.. { --· --~l ~~~~----~ • ·-·--· ~----·1 i: :: :'.'.:=...--. -.. -· ·--·h•· ,;::r . ---·--.... _... ..... ~~:1·:, j ----l''']L -~-·--·-G*:.~'::::;:,~,·~~, .... l L ~ "'' •t~OO · , •• •.n ·-~ ~ N..... ..... H T 11 4 -:-l.~' J • OM , '.!&' t · J -·~~-~~.~~·l""~----.,._..,__ -·L-L.~f"-,......~~,-w.~ -~H.Cl :::z __ ..L~:~~--~···.. _ ~-~T 11 .4 0 "' 10 [a. \10[ 1•1 ... ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PROJECT 2. 2 . .. SHEE T '18 LANDIN G STRIP KACHEM AK BAY ""'L a. a; f qd 100 -~ 2'1 DATE 8 -2 6-86 KENAI PENNSULA BOROUGH. ALASKA '---~-----__ --.-0~ '·~ • ·' ~ ,....-------------.. ----------.. -· ... ---·--------------··· --------------3--------------------·------·-------. ·--·-------. ---··· 2 Ftto . ~ )..,....~. - ! ........ I "''--.awh .-~---... _ .. -.. --, ).... ··-. .. -____ ., \ / ······---~---. \ .. __ __ --··-... ··-····· ···-~···~· .. ·-·········-··· ~ ........... "" -~---.... i f' j ' . . · ·. ~----~jooc~-~-· ····-. ·--------~ ~ HT EL 11.4 ·.-l .i_i__j ~ ~ ~ ~ ~ ! I ,J,I.... . ~ -, ___ "'-~"L~~.. H T Eb 1 1 .._ .._' Jrrr-'_'" __ 1 ~~~'"r r.n-• .. ·. : ., :',~-;~lj"" -. "L . . L.L~.___J]_._ -~ · ..... -1 I I -'OL<J8!R'... ... ' -----It .. . 1,... ' - - -..., --. \It .. 'l , .... - ---,. . !___>JL-.:..::1' :!~--~ ~-~ HT EL 11.4 t•t ., .......... , ... ?.;.lo-. ~ ·. ----------··---· --------------------------·- ALASKA POWER AUTHORITY BRADLEY LAKE HYDROELECTRIC PR(•JECT KENAI PENINS~~)\ BOROUGH, ALASKA ___________ _ HOAD T URNAROUND C R OSS SECTION REFEHENCE S HEET _I~ O F _ _fl__ DA TE 8-29-86 -------------------·------·-·---.--------------- 1 .. • THIRD AMENDMENT TO DEPARTMENT OF THE ARMY LICENSE FOR USE OF LAND LOCATED ON BRADLEY lAKE HYDROELECTRIC PROJECT DACW85-3-86-55 WHEREAS, on 27 March 1986, the Department of the Army granted to the Alaska Power Authority, State of Alaska, now known as the Alaska Energy Authority, a five (5) year license for removal of construction materials within the Bradley Lake Hydroelectric project; and WHEREAS, the term of the license was extended for an additional two years; and \\'HEREAS, on 30 December 1992, Alaska Energy Authority requested renewal of said license; and WHEREAS, on 11 January 1993, the Department of the Army granted approval; and WHEREAS, it has been determined to be in be best interest of both parties to amend said license. NOW THEREFORE, Department of the Army License No. DACW85-3-86-55 is hereby amended in the following particular, but in no other: That the term of the license is renewed for a period of one year, commencing 20 March 1993 and terminating 19 March 1994, but revocable at the will of the Secretary of the Army. This amendment is not subject to Title 10, United States Code, Section 2662. There is not any property included which would fall within the provisions of Executive Order 11593. IN WITNESS WHE~F, I have hereUI)tO set my hand by authority of the Secretary of the Army on this J day offJl{l/---{{\__ 1993. FOR THE DISTRICT ENGINEER: ~aM~Ii~{d Dennis E. Klein J Chief, Real Estate Division U.S. Army Engineer District, Alaska The above amendment, together with all the conditions of the original document, is hereby accepted this !4i''l day of r:JILJLt{ {IJ~A-J-1993. {/ ALASKA ENERGY AUTHORITY BY: (<J/(}_[~"£0 /! -2- -- THIRD AMENDMENT TO DEPARTMENT OF TilE ARMY LICENSE FOR USE OF lAND LOCATED ON BRADLEY LAKE HYDROELECTRIC PROJECT DACW85-3-86-73 WHEREAS, on 7 May 1986, the Department of the Army granted to the Alaska Power Authority, State of Alaska, now known as the Alaska Energy Authority, a five (5) year license for construction and use of access roads on the Bradley Lake Hydroelectric project; and WHEREAS, the term of the license was extended twice for an additional year; and WHEREAS, on 16 March 1993, Alaska Energy Authority requested renewal of said license; and WHEREAS, on 30 March 1993, the Department of the Army granted approval; and WHEREAS, it has been determined to be in be best interest of both parties to amend said license. NOW TIIEREFORE, Department of the Army License No. DACW85-3-86-73 is hereby amended in the following particular, but in no other: That the term of the license is renewed for a period of one year, commencing 5 May 1993 and terminating 4 May 1994, but revocable at the will of the Secretary of the Army. This amendment is not subject to Title 10, United States Code, Section 2662. There is not any property included which would fall within the provisions of Executive Order 11593. IN WITNESS WHEREOF, I have )ler~unto set my hand by authority of the Secretary of the Army on this o}o 0 day or.,!/ p-:1 1993. FOR TilE DISTRICT ENGINEER: ~~ Dennis E. Klein Chief, Real Estate Division U.S. Army Engineer District, Alaska The above amendment, together with all the conditions of the original document, is hereby accepted this (,~ day of ~ 1993. ALASKA ENERGY AUTHORITY THIRD AMENDMENT TO DEPARTMENT OF THE ARMY LICENSE FOR USE OF LAND LOCATED ON BRADLEY LAKE HYDROELECfRIC PROJECf DACW85-3-86-101 WHEREAS, on 12 August 1986, the Department of the Army granted to Alaska Power Authority, State of Alaska, now known as the Alaska Energy Authority, a five year license to conduct investigative activities for the design of a hydroelectric plant on all lands withdrawn for the Bradley Lake Hydroelectric project; and WHEREAS, the term of the license was extended an additional year; and WHEREAS, on 11 May 1993, Alaska Energy Authority requested renewal of said license; and WHEREAS, on 18 May 1993, the Department of the Army granted approval; and WHEREAS, it has been determined to be in be best interest of both parties to amend said license. NOW THEREFORE, Department of the Army License No. DACW85-3-86-101 is hereby amended in the following particular, but in no other: The term of the license is renewed for a period of one year, commencing 1 August 1993 and terminating 31 July 1994, but revocable at the will of the Secretary of the Army. This amendment is not subject to Title 10, United States Code, Section 2662. There is not any property included which would fall within the provisions of Executive Order 11593. IN WITNESS WHEREOF, I h~~~~nto set my hand by authority of the Secretary of the Army on this /lPday o/,, 1993. FOR THE DISTRICf ENGINEER ~ Dennis E. Klein Chief, Real Estate Division U.S. Army Engineer District, Alaska , The above amendment, together with all the conditions of the original document, is hereby accepted this ;2 S 1-~ day of A1 cvy 1993. ALASKA ENERGY AUTIIORITY ,· .. ' "·. J)EJ•AJl'l'ltii<~N'l' OF FISII ASU GAltiE April 1 1 1988 Mr. David R. Eberle Project Manager Alaska Power Authority P.O. Box 190869 701 E. Tudor Road Anchorage, AK 99519-0869 Dear Mr. Eberle: I I I RECORD COPY FILE NO D ~r ,~) -. J CJ --~--'----I STEVE COWPER, GOVERNOR , c,; ,~·.IC\( f .,; ' ' k':.::<'·· 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518·1599 PHONE: (907) 344·0541 FG 88-II-0077 -4 i\11 :27 Re: Bradley Lake Hydroelectric Project -Road Construction Kachemak Bay Critical Habitat Area Pursuant to AS 16.20.500-690 and 5 AAC 95 1 the Alaska Department of Fish and Game (ADF&G) has reviewed your application to construct a road within the Kachemak Bay Critical Habitat Area. The project will involve construction of a short spur access road to the marshalling yard which will bypass the permanent housing and off complex. The marshall yard road would pass around the north end of the point occupied by the east and west duplexes thereby connecting the west end of the marshalling yard and the existing access road as it approaches the housing/office complex from the west. The purpose of the marshalling yard road is to iminate large truck traffic associated with hauling tunnel muck from the main access road passing through the relatively constricted housing/office area. The road would be constructed as a permanent access road, approximately 600 feet long with a finished gravel surface width of 24 feet. Core fill for road construction will be shot rock obtained from the power tunnel and/or powerhouse excavations that would otherwise have to be hauled and spoiled elsewhere. Very few wildlife species other than waterfowl dnd shorebirds use the tidal flats fected by the marshalling yard road. It is expected that construction of the road will disturb about 1.36 acres acres of saltwater herbaceou~ sedge-grass vegetation type. Placement of culverts throu9h the road will create a small brackish water pond that could FG 88-II-0077 -2-April 1, 1988 be used by waterfowl and shorebirds. Additional mitigation would involve the placement of culverts resulting in the enlargement of the secondary settling pond that would also become a brackish water intertidal pond to be used by waterfowl and shorebirds. This project was reviewed under 6 AAC 50 and was found to be consistent with the Alaska Coastal Management Program by the Division of Governmental Coordination on March 24, 1988. The Kachemak Bay Critical Habitat Area was established to protect habitat areas especially crucial to the perpetuation of fish and wildlife and to restrict all other uses not compatible with that primary purpose. This proposal is not expected to adversely impact important habitat values. In accordance with AS 16.20.500-690 and 5 AAC 95, project approval is hereby given without any stipulations. For any activity which significantly deviates from the approved plan 1 the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to co~~encement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.20.500-690 and 5 AAC 95. This permit must be retained onsite during construction activities and expires on 31 Dece~er 1988. Please be advised that this approval does not relieve you of the responsibility for securing other permits: state, federal or local. You are encouraged to contact the Alaska Permit Information Center 1 3601 "C" Street, Suite 1350 Anchorage, Alaska 99503, telephone 563-6529 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition. to the penal ties provided by law 1 this permit may be term1nated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The ADF&G reserves the right to require ) FG 88-II-0077 -3-April 1, 1988 mitigation measures to correct disruption to fish and game created by the project or which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provisions of AS 44.62.330-44.62.630. Sincerely, Norman A. Cohen, Deputy Commissioner BY: Steven W. Albert Habitat Biologist Region II Habitat Division 267-2284 cc: V. Gilbert, ADNR (PROFS) P. Bielawski, OMB (PROFS) s. Spearow, KPB D. Clausen, ADF&G D. Holdermann, ADF&G G. Carpenter, FWP CORRESPONDENCI= DISTRI81JT!ON ACTION· --· COPiES; /}r~ I r-1 .JJ'-I ir-:)Lf:. J 7K-O(;.:!Y-J SwC:c_ :r~t: c tr; ?-t.. Due Date: l .. \ Hl~t•AU1.'..lii~S1.' OF FISII ANU fiA..lll~ WALTER J. HICKEL, GOVERNOR 333 RASPBERRY ROAD M-:CHORAGE. ALASKA 995181599 P ~ Of\1 f>t~O(I 3'¥.;0!.}41 · f. SPECIAL AREA PERMIT FG 86-II-0824 Ar-!ENDMENT II Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: Re: Permit Amendment -Bradley Lake Hydroelectric Project - Airstrip Construction and Operation (Bradley Lake 1) (071-0YD-2-850502) (SID AK851213-14A) Pursuant to AS 16.20.530 and 5 A~C 95, the Alaska Department of !:,ish and Game (ADF&G) has completed the review of your request for an extension of Permit No. FG 86-II-0824, and amendments, specifically the construction and operation of an airstrip within the Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction and operation of an airstrip as a support facility for the Bradley Lake Hydroelectric Project will result in the permanent loss of wetlands utilized by sh and wildlife in the Kachemak Bay Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelec- tric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordanc~..:~ with AS 16.20.530 and 5 AAC 95, Permit FG 86-II-0824 is hereby amended, Special Area approval to FG 86-II-0824 AMENDMENT II -2-December 31, 1990 construct and operate an airstrip within Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access to the project site shall be limited to r access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6. 0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4. 0 feet (project datum) within the work limits only. Sediment substrate distributed by barge landing and offloading shall be bladed smooth after use of the access corridor is completed. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The operation of aircraft to and from the airstrip shall be minimized during spring and fall bird mi- gration. Aircraft flights over Fox River Flats Crit- FG 86-II-0824 AHENDMENT II -3-December 31, 1990 ical Habitat Area will be limited between May 1 and May 15 and between September 1 and October 15 to essential use only. Consistent with safe aircraft operations, within these dates fixed wing aircraft shall maintain a minimum 500 feet altitude and rotor craft shall main- tain a minimum 1,500 feet altitude except during take-off and landing. Takeoffs and landings during these periods should be restricted to times of low tide events defined as 1/2 ebb tide to 1/2 flood tide or below elevation -4.0 feet project datum. 6. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to con®encement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.20.530 and 5 AAC 95. This permit amend- ment must be retained onsite, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the penal ties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. FG 86-II-0824 AMENDMENT II -4- u2Cember 31, 1990 The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner By: cc: G.-:u:\--/'G!v.A,,JJ'l>~y Gay kbhlberg (j Habitat Biologist Region II Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP @ri!i~~~ONDENCE DISTRI~-~!TIDN I ACTION: COPIES: I ~RM~J~Kl I Tl<',/i (,..£"" J 1-! --------t-~3,£;..;;'<:;.~.ff._·.:...T.;E...:::l.-;;::;....._~ DEPARTMENT OF FISH AND GAME Au gust 20, 1986 Dave Eberle, Project Manager Alaska Power Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-II-0416 Dear Mr. Eberle: ·86 AIJj 21 A 9 :55 Re: Transmission Line Construction -Bradley Lake Hydro Project Fox River Flats Critical Habitat Area, Bradley River, Fox River, Sheep Creek and Fox Creek (State ID#AK860701-01A) (Bradley Lake Permits No. 3) Pursuant to AS 16.05.870(b), AS 16.20.260 and 5 AAC 95, the Alaska Department of Fish and Game (ADF&G) has completed its review of your proposal to construct the transmission line for the Bradley Lake Hydroelectric Project within the area and across the streams listed above. This project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on August 14, 1986. In accordance with AS 16.05.870(d), AS 16.20.260 ar.d 5 AAC 95, project approval is hereby given subject to the following stipulations: 1. Instream equipment crossings of anadromous fish bearing streams shall be limited to the period between May 15 and July 15 unless otherwise approved by the ADF&G. 2. Proposed winter crossings of anadromous streams must be approved by the ADF&G. For winter crossings, snow ramps, snow bridges or approved cribbing may be used as appropriate to provide access across streams so as to preclude cutting, eroding or degrading of streambanks. Snow ramps or bridges shall be composed only of snow or ice and shall be substantially free of soil and debris. Snow bridges shall be removed or breached and cribbing removed immediately after final use. Ice shall be of sufficient thickness to support the weight of the vehicles. 3. Streambanks shall not be altered to facilitate crossings or disturbed in any way. If streambanks are inadvertently disturbed they shall be immediately stabilized to prevent erosion. 4. Open water crossings shall be made directly from bank to bank in a direction substantially perpendicular to the stream flow. 5. Open water crossings shall be made only at locations with gently or gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. FG 86-II-0416 -2-August 20, 1986 In addition, the following stipulation was adopted pursuant to 6 AAC 50 and is necessary to ensure that your project is consistent with the ACMP: 1. Clearing within 100 feet of anadromous fish bearing streams shall be limited to trees which would provide a hazard to transmission lines or towers. Small trees and shrubs shall not be cleared. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.05.870, AS 16.20.260 and 5 AAC 95. This permit must be retained onsite during construction, and expires on 31 December 1990. Please be advised that this approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 11 E11 Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provisions of AS 44.62.330-44-62.630. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: Cfj)"_tf 163/L" Philip J. Brna Habitat Biologist Habitat Division 267-2284 M. Hayes, ADNR (PROFS) P. Bielawski, OMB (PROFS) D. Holdermann, ADF&G D. Clausen, ADF&G T. Schroeder, ADF&G S. Spearow, KPB F. Short, FWP .·.' December 26, 1990 Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: ftv'~ ;2. a .J.-o WAL TER.J. -HICKEL,-GO.ILEBNOR 333 f1f,SP8ERRY ROAD ANCHORAGE. ALASKA 99518-1599 PHONE i907i 344-0541 Re: Permit Amendment Transmission Line Construction Bradley Lake Hydroelectric Project, Fox River Flats Critical Habitat Area, Bradley River (241-14-10625-2010), Fox River (241-14-10645), Sheep Creek (241-14-10630) and Fox Creek (241-14-10660) SID AK860701-10A (Bradley Lake Permits No. 3) Pursuant to AS 16.05.870(b), AS 16.20.530 and S AAC 95, the Alaska Department of sh and Game (ADF&G) has completed the review of your request to extend the expiration date of Permit No. FG 86-II-0416, and subsequent amendments until December 31, 1991. The original permit authorized con- struction of the transmission line within Fox River Flats Critical Habitat Area and across the above referenced streams. The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on August 14, 1986. In accordance with AS 16. OS. 870 (d) (commonly referred to as the Anadromous Fish Act), AS 16.20.530 and 5 AAC 95, Special Area/Fish Habitat Permit FG 86-II-0416 is hereby amended and approval is given subject to the following: 1. Openwater equipment crossings of Sheep Creek, Fox Creek FG 86-II-0416 AMENDMENT IV -2-December 26, 1990 and Fox River traversed by the transmission line are authorized for geotechnical exploration, right-of-way clearing and construction. Locations of the crossings will be marked in the field and crossings shall be confined to those routes marked. 2. Openwater equipment crossing of the Bradley River, unless otherwise approved by the ADF&G, shall be limited to the period between 15 May and 15 July. 3. Proposed winter crossings of the Bradley River must be approved by the ADF&G. For winter crossings, snow ramps, snow bridges or approved cribbing may be used as appropriate to provide access across streams so as to preclude cutting, eroding or degrading streambanks. Snow ramps or bridges shall be composed only of snow or ice and shall be substantially free of soil and debris. Snow bridges shall be removed or breached and cribbing removed immediately after final use. Ice shall be of sufficient thickness to support the weight of the vehicles. 4. Streambanks shall not be altered to facilitate cross- ings or disturbed in any way. If streambanks are inadvertently disturbed they shall be immediately stabilized to prevent erosion. 5. Openwater crossings shall be made directly from bank to bank in a direction substantially perpendicular to the stream flow. 6. Openwater crossings shall be made only at locations with gently or gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. 7. Vehicle use on the Fox River Access Trail (SCR 87-070) within Fox River Flats Critical Habitat Area shall be confined to the location of the trail as depicted on drawing SWB9-213-l. Use of this trail is not permitted during Spring Breakup (15 April to 15 May) and shall be restricted to vehicle types not exerting a ground pressure greater than 3.5 pounds per square inch. In addition, the following stipulation was adopted pursuant to 6 AAC 50 and is necessary to ensure that your project is consistent with the ACMP: FG 86-II-0416 AMENDMENT IV -3-December 26, 1990 1. Clearing within 100 of anadromous fish bearing streams shall be limited to trees which would provide a hazard to transmission lines or towers. Small trees and shrubs shall not be cleared. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter cons tutes a permit amendment issued under the authority of AS 16.05.870, AS 16.20.530 and 5 AAC 95. This permit amendment must be retained onsite, with the original permit, and subsequent amendments, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the pen a 1 ties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's FG 86-II-0416 AMENDMENT IV -4-December 26, 1990 performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner ~m u. \[11\" ~, By:~...{;ay Huhlberg ' Habitat Biologist Region II cc: Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP CORRESPONDENCE DISTRIBUTION ACTION: COPIES: r-:. I·H tJ s 1<..1 TRu t:>&.["-) "b'Lc_:-tiLL SwE.L r,, · .. o-re-~':_:_:__~· .... r·· ·"" ", •. ~~~ r ,· '' ) . BILL SHEFFIELD, GOVERNOR DEPARTMENT OF FISH AND GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-II -0115 Re: Bradley Lake Hydroelectric Project -Powerhouse to Lower Camp Access Road (Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction of a 28-foot wide, two lane permanent access road within the Kachemak Bay Critical Habitat Area from the powerhouse to the lower camp. The Kachernak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction of the powerhouse to lower camp access road along the Kachemak Bay shoreline will result in the permanent loss of tidal flats and sedge grass flats in the Kachemak Bay Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval to construct an access road within the Kachemak Bay Critical Habitat Area from the powerhouse to the lower camp as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: FG 86-II-0115 -2-March 11, 1986 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges rnay beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the ~1artin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to cowmencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the AOF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. FG 86-II-0115 -3-March 11, 1986 This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 up Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: ';(c '- @j,J( q. Q)k.o< Philip J. Brna Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP ) .,. ' J) f M T ~ -;; . J_ !... WALTER J: HICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 SPECIAL AREA PEP~IT FG 86-II-0114 AMENDMENT I December 31, 1990 Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: Re: Permit Amendment -Bradley Lake Hydroelectric Project - Airstrip to Powerhouse Access Road (Bradley Lake 1) (071-0YD-2-850502) ~SID AK851213-14A) Pursuant to AS 16.20.530 and 5 AAC 95, the Alaska Department of Fish and Game (ADF&G} has completed the review of your request for an extension of Permit No. FG 86-II-0114, specifically the construction of an 18-foot wide, single lane permanent access road within the Fox River Flats Critical Habitat Area and the Kachemak Bay Critical Habitat Area from the airstrip to the powerhouse. The Fox River Flats Critical Habitat Area was established in 1972 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially waterfowl. The Kachemak Bay Critical Habitat Area was established in 197 4 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction of the airstrip to powerhouse access road along the Kachemak Bay shoreline will result in the permanent loss of tidal flats and sedge grass flats in the Kachemak Bay Critical Habitat Area and the Fox River Flats Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelec- tric Project and the mitigation plan for the Bradley Lake Hydroelectric Project ctre part of this permit application and are therefore incorporated by reference in this permit. FG 86-II-0114 AMENDMENT I -2-December 31, 1990 The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance with AS 16.20.530 and 5 AAC 95, Special Area Permit FG 90-II-0114 is hereby amended, approval to construct an access road within the Fox River Flats Critical Habitat Area and Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum) , at the powerhouse when tides exceed elevation 6. 0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the ride exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. FG 86-II-0114 AMENDMENT I -3-December 31, 1990 5. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.20.530 and 5 AAC 95. This permit amend- ment must be retained onsi te, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330-AS 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's FG 86-II-0114 AMENDMENT I -4-Decerr~er 31, 1990 performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner G~J flli~c~l,)A"1] By: Gay Muhlberg Habitat Biologist Region II cc: Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP CORRESPONDENCE DISTRIBUTION ACTION: COPIES: 11 ~)\.-!) rJ $1<-r 'T__l!__v_ l_~ J~ E.C t-i It:'- 5 w [(._,_. f\;.JIJ !)ote: ....___ _______ DEPARTMENT OF FISH AND GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: ~:.i BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518·1599 FG 86-II-0114 Re: Bradley Lake Hydroelectric Project -Airstrip to Powerhouse Access Road (Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction of an 18-foot wide, single lane permanent access road within the Fox River Flats Critical Habitat Area and the Kachemak Bay Critical Habitat Area from the airstrip to the powerhouse. ThE: Fox River Flats Critical Habitat Area was established in 1972 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially waterfowl. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction of the airstrip to powerhouse access road along the Kachemak Bay shoreline will result in the permanent loss of tidal flats and sedge grass flats in the Kachemak Bay Critical Habitat Area and the Fox River Flats Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was four1d consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval to construct an access road within the Fox River Flats Critical Habitat Area and Kachemak Bay Critical Habitat Area as a component of the construction and operation FG 86-II-0114 -2-March 11, 1986 of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum}, at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum} within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the avera 11 scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the FG 86-I I -0114 -3-March 11, 1986 ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 11 E11 Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by 1aw, this permit may be terminated or revoked for failure to comply with its pr·ovisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner ®f 9-~~ BY: Philip J. Brna Habitat Biologist Habitat Division Telephone 267-2284 cc: M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G 8. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP 'v-JU:_ B~cH L DEPARTMENT OF FISH AND GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: (.-( . ' BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-11-0113 Re: Bradley Lake Hydroelectric Project -Martin River Material Site Access Road (Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Battle Creek (Stream No. 241-14-10610) Pursuant to AS 16.05.870(b), AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction of a temporary access road departing from the lower camp across Battle Creek and tidal flat drainage sloughs, terminating within the Kachemak Bay Critical Habitat Area at the Martin River material site. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Battle Creek has been specified as being important for the migration, spawning or rearing of anadromous fishes pursuant to AS 16.05.870(a). A single lane double span bridge will be used to cross Battle Creek. Road construction activities near or within Battle Creek could have substantial affects upon the stream biota, either causing mortalities or causing fish and their food organisms to avoid disturbed areas. A sn~ll area of herbaceous sedge-grass habitat utilized by birds will be lost as a result of the Martin River material site access road. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal ~1anagement Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.05.870(d), AS 16.20.260 and 5 AAC 95.050, approval to construct a temporary access road across Battle Creek and within the Kachemak Bay Critical Habitat Area as a co111ponent of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: FG 86-II-0113 -2-March 11, 1986 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. Until such time as the bridges are completed, temporary crossings using culverts will be allowed for the tidal slough (Station 47} and Battle Creek during the period May 15 and July 15 only. The temporary crossings shall be removed and streambanks and bed graded to natural contours at the end of this period. Bridge abutments will not be allowed in the active channel of the tidal slough. To protect the Battle Creek stream channel and bridge abutment, riprap may extend into the stream channel but cannot restrict flow. 6. Stream fordings necessary to facilitate bridge construction may be conducted between May 15 and July 15 and shall be restricted to one site on Battle Creek and the tidal slough in the vicinity of the bridge alignments. The fording sites shall be identified by the APA and approved by the ADF&G. 7. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. FG 86-11-0113 -3-March 11, 1986 For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.05.870, AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 "E" Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner ~~.~~ BY: Philip J. Brna Habitat Biologist Habitat Division Telephone 267-2284 cc: M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP Ht:GUHU GUI-'Y FILE NO {J ,. r~-i: -_./ STEVE COWPER, GOVERNOR DEPARTlliENT OF FISH AND GAME May 20, 1988 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 FG 86-II-0113 h f..::. C . (Amendment I) ~I /1::.:_·-..... Mr. David R. Eberle Project Manager MAy 2o 19aa " _ KEY WORDS: 1.../,ef ,· _j- Alaska Power Authority P.O. Box 190869 41.AS1' A 'Vi POWER Anchorage, Alaska 99519-0869 Dear Mr. Eberle: • '-jl l A.UfHORtry Re: Permit Amendment, Stream Bank Armouring and Channel Diversion -Battle Creek (Bradley Lake 1) (Stream No. 241-14-10610) (SID AK851213-14A) Pursuant to AS 16.05.870(b), the Alaska Department of Fish and Game (ADF&G) has completed its review of your request to amend Fish Habitat Permit No. FG 86-II-0113 to authorize bank stabilization and stream diversion measures in Battle Creek upstream of the existing bridge crossing. This will entail: 1. The placement of additional rip-rap along the left bank of Battle Creek, which is presently eroding, from the bridge abutment upstream to a point approximately 100 - 200 feet; and 2. Removing a nearby gravel bar so that be diverted away from the eroding amendment request also indicates that completed by May 24, 1988. stream flow will streambank. The all work will be The proposed project was inspected by the department on April S, 1988. However, the request for a permit amendment was not received until May 19, 1988, when ADF&G was informed that ec;uipment would only be available until May 2 4, 19 8 8 and a permit was needed immediately. In the future, such requests will undergo the normal permit review process unless it can be demonstrated that extenuating circumstances prevented the timely submission of a permit application. The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance hereby given. with AS 16.05.870(d), project approval There are no additional stipulations. is FG 86-II-0113 (Amendment I) -2-May 20, 1988 For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.05.870. This permit must be retained onsite during construction, and expires July 15, 1988. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 3601 "C" St. Suite 1350, Anchorage, Alaska 99501, telephone 563-6529 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildli created by the project and which were a direct result of the failure to comply •vith this permit or any applicable law. This permit decision may be appealed accordance with the provisions of AS 44.62.330-44.62.630. Sincerely, Norman A. Cohen, Deputy Commissioner By:~~~:~~ Habitat Biologist Region II Habitat Division Telephone 267-2284 cc: V. Gilbert, ADNR (PROFS) P. Bielawski, DGC (PROFS) J. Westlund, ADF&G CORf' ESPONDENCE DISTRIBUTION ACTION: COPIES: J-<v~:?~b-1 (./-iL-G) ~'""Jk:..) /!C:G-HT~ Due Date: D. Holderman, ADF&G T. Schroeder, ADF&G G. Carpenter, FWP ) ~ 1-0 n ,.~q.t:)nm· tT~II~S'I' OF FISII Ai\Tn GA~IE , ! !r' ~ I~ I \ I( p ' I ~12:)'...:1\.:::ll. \.-:..1 II ' l f! t LJ ,,, -~~r,-l...-,/ U Ll ~:~c'-~.:. I SPECIAL AREA/FISH HABITAT PERMIT Al1ENDMENT III December 26, 1990 Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: ""' K f~"'·l (? -?-.' c;l_~ - WALTER J. HICKEL, GOVERNOR / 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518-1599 PHONE (907) 344-0541 FG 86-II-0113 Re: Permit Amendment -Bradley Lake Hydroelectric Project - Martin River Material Site Access Road (Bradley Lake 1) (071-0YD-2-850502) (SID AK851213-14A) Battle Creek (Stream No. 241-14-10610) Pursuant to AS 16.05.870(b), AS 16.20.530 and 5 AAC 95, the Alaska Department of Fish and Game (ADF&G) has completed the review of your request for an extention of Permit No. FG 86-II-0113, and amendments specifically the construction of a temporary access road departing from the lower camp across Batt Creek and tidal flat drainage sloughs, terminating within the Kachemak Bay Critical Habitat Area at the Martin River material site. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Battle Creek has been specified as being important for the migration, spawning or rearing of anadromous fishes pursuant to AS 16.05.870(a). A single lane double span bridge will be u to cross Battle Creek. Road construction activities near or within Battle Creek could have substantial affects upon the stream biota, either causing mortalit or causing sh and their food organisms to avoid disturbed areas. A small area of herbaceous sedge-grass habitat utilized by birds will be lost as a result of the Martin River material site access road. The plans and specifications for the Bradley Lake Hydroelec- c Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. FG 86-II-0113 AMENDMENT III -2-December 26, 1990 The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance with AS l6.05.870(d) (commonly referred to as the Anadromous Fish Act), AS 16.20.530 and 5 AAC 95, Special Area Permit FG 86-II-0113 is hereby amended, approval to construct a temporary access road across Battle Creek and within the Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the follow- ing stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 52 0+0 0 to 4 9 0+0 0 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the ride exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. FG 86-II-0113 AMENDMENT III -3-December 26, 1990 5. Until such time as the bridges are completed, temporary crossings using culverts will be allowed for tidal slough (Station 47) and Battle Creek during the period May 15 and July 15 only. The temporary crossings shall be removed and streambanks and bed graded to natural contours at the end of this period. Bridge abutments will not be allowed in the active channel of the tidal slough. To protect the Battle Creek stream channel and bridge abutment, riprap may extend into the stream channel but cannot restrict flow. 6. Stream fordings necessary to facilitate bridge con- struction may be conducted between May 15 and July 15 and shall be restricted to one site on Battle Creek and the tidal slough in the vicinity of the bridge align- ments. The fording sites shall be identi ed by the AEA and approved by the ADF&G. 7. The placement of additional rip-rap along the left bank of Battle Creek, which is presently eroding, from the bridge abutment upstream to a point approximately 100 - 200 feet. 8. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.05.870, AS 16.20.530 and 5 AAC 95. This permit amendment must be retained onsite, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. FG 86-II-0113 AMENDMENT III -4-December 26, 1990 In addition to the penalties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner ' \ \ ""· . t-f\<-~ S))t{V'· c-'>-0-0 \ By:~/Gay Muhlberg Habitat Biologist Region II cc: Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE CORBESPONDENCE DISTRIBtJT;;):\: _ B. Bayes, FWP r---ACTION: COPiES: {lJLMII\)'.>(Ll - TR.ul>&t:r.j t "t) t:un t.L -;u.>i:. G ~---~,,--~~-·---~·- t 1 ! ' ' 1 DEPARTMENT OF FISH AND GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-II-0112 Re: Bradley Lake Hydroelectric Project -Spoil Disposal/Waterfowl Nesting Area (Bradley Lake 1) (071-0YD-2-850502) {AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the disposal of dredged material from the construction of the barge dock facility and creation of a waterfowl nesting area in the Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to perpetuation of fish and wildlife, especially shellfish, crab, and fish. Excavated dredged material from construction of the barge dock facility and powerhouse tailrace will be disposed on tidelands within the Kachemak Bay Critical Habitat Area for the purpose of constructing a waterfowl nesting area. The nesting area will be connected to Kachemak Bay with a series of intake and overflow culverts making the area a brackish marsh. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hyomelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval of spoil disposal and construction of a waterfowl nesting area within the Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: FG 86-II -0112 -2-March 11, 1986 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet {project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. ' FG 86-II-0112 -3-t~arch 11, 1986 This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 "E" Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: ~·~!W Phi 1 i p u. Brna Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR {PROFS) T. Rumfelt, ADEC {PROFS) P. Bielawski, OMB {PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP 5 vJ[ (_ f3[GH r! t ~~~/rJ" 1 ) • t C Jr-. ~r . .,.... -' _, 1 "L I ~ -?( I :;/.~ J ·--· -----·------- WAL TEA J. HICKEL, GOVERNOR / 333 RASPBERRY ROAD ANCHORAGE. ALASKA 995181599 PHONE: (907) 344-0541 ,·\t_'\.s:<.J\ ~:~·,·~t~::·:(J-'i' />...!J-:· r·~~J~-<~· ~-y SPECIAL AREA PEP~IT FG 86-II-0112 AI>1ENDMENT II December 26, 1990 Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: Re: Permit Amendment ·-Bradley Lake Hydroelectric Project - Waterfowl Nesting Area (Bradley Lake 1) (071-0YD-850502) (AK8551213-14A) Pursuant to AS 16.20.530 and S AAC 95, the Alaska Department of Fish and Game (ADF&G) has completed the review of your request for an extension of Permit No. FG 86-II-0112, and amendments, specifically the disposal of dredged material from the construction of the barge dock facility and creation of a waterfowl nesting area in Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protection natural habitat crucial to perpetuation of fish and wildlife, especially shellfish, crab, and fish. Excavated dredged material from construction of the barge dock facility and powerhouse trailrace will be disposed on tidelands within the Kachemak Bay Critical Habitat Area for the purpose of constructing a waterfowl nesting area. The nesting area will be connected to Kachemak Bay with water-control structures, making the area a brackish marsh. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part o£ this permit application and are therefore incorporated by reference in this permit. FG 86-II-0112 AMEND MEN 'I.' I I -2-December 26, 1990 The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance with AS 16.20.530 and 5 AAC 95, Special Area Permit FG 86-II-0112 is hereby amended, approval of spoil disposal and construction of a waterfowl nesting area within the Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulation: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access -co the project site shall be limited to air access 6nd water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6. 0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. Sediment substrate distributed by barge landing and offloading shall be bladed smooth after use of the access corridor is completed. FG 86-II-0112 AMENDMENT II -3-December 26, 1990 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.20.530 and 5 AAC 95. This permit amendment must be retained onsite, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the penal ties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's FG 86-II-0112 AMENDMENT II -4-December 26, 1990 performance under this permit. However, this provision has no effect, if, but only if,the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner ~;·Y\ol..\. Q-\{V'(-~ c,~ . \ By: ~Gay Muhlberg cc: Habitat Biologist Region II Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP -------··----------·-···· ACTiON: DEPARTMENT OF FISH AND GAitiE March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-I I-0110 Re: Bradley Lake Hydroelectric Project -Martin River Material Site Martin River -Stream No. 241-14-10600 (Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Pursuant to AS 16.05.870(b), the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the excavation of borrow material from the Martin River material site. The Martin River has been specified as being important for the migration, spawning or rearing of anadromous fishes pursuant to AS 16.05.870(a). The Martin River is used by chum salmon and sockeye salmon. The construction activity of a borrow area in the Martin River could potentially introduce, on a short-term basis, organic materials into the river. To prevent this from occurring, a dike will be constructed adjacent to the active channel of the Martin River, prior to development of the borrow area. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.05.870(d), approval to construct and operate the ~lartin River material site as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: FG 86-I I-0110 -2-March 11, 1986 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and WOl'k limits of project features shall be surveyed and staked in the field. 5. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. FG 86-11-0110 -3-March 11, 1986 This letter constitutes a permit issued under the authority of AS 16.05.870. This permit must be retained onsite during construction, and expires December 31~ 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center~ 437 np• Street, Suite 200, Anchorage~ Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: xc 1 - (JDtn 0·0/W. Ph-;,~. Brna Habitat Biologist Habitat Division 267-2284 M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski~ OMB (PROFS) D. Clausen, ADF&G D. Holdermann, AOF&G G. Bos, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP DEPARTMENT OF FISH AND 6.<\ME January 6, 1987 Mr. David R. Eberle, Project Manager Bradley Lake Hydroelectric Project Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Dear Mr. Eberle: RECORD COPY FILE NO STEVE COWPER, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99502-2392 FG 86-II-OllOA Amendment II Re: Permit Amendme~t; Martin River Dike Extension and Temporary Landing Site Improvements; Permit No. FG 86-II-0110 (State I.D. AK 861208-03A) {Bradley Lake 1) Pursuant to AS 16.05.870, the Alaska Department of Fish and Game (ADF&G) has reviewed your proposal to modify the Martin River dike, drainage channel, and temporary landing site. Proposed revisions include adding a 500-foot dogleg extension to the Martin River dike and a drainage channel parallel to the dike. Approximately 2 feet of material would be added to the top of the dike. The temporary landing site would be extended 225 feet to the west to enhance aircraft landing and takeoff capability. The existing channel near the landing site would be filled in and approximately 2 feet of fill would be added to the entire length of the runway. Several trees at the east of the runway would be cut in order to increase the landing s clearing zone. In accordance with AS 16.05.870, project approval is hereby given. There are no new stipulations, although all stipulations on the original permit remain in effect. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulations contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance FG 86-II-0110 -2-l/6/87 of any deviation and the need for a permit amendment is the responsibility of the ADF&G~ therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitues a permit issued under the authority of AS 16.05.870. This permit must be retained onsite during construction, and expires 31 December 1990. Please be advised that this approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 "E" Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provisions of AS 44.62.330-44-62-630. Sincerely, Don W. Collinsworth, Commissioner "bJ~ 0 . '\fV\'-'£\ BY: Donald 0. McKay Habitat Biologist Habitat Division (907) 267-2285 cc: M. Hayes, ADNR (PROFS) D. Wilkerson, ADEC (PROFS) P. Bielawski, OMB (PROFS) B. Smith, NMFS R. Bowker, USFWS S. Hanson, CE D. Clausen, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G \ < ,. GOURf.SPG~..; ... ;; ·'~,,~ .~ . 'rl' _,lJl ; ~·N : --ACTtON: ______ COPIES: 1 r--t--'L ~j ---~~'L!..::::...-=--f r-----+----1 OueDate: ---:-:,;,;.;;.;._ __ ..J..., __ ......, ...... _._ .... .! DEPARTltiEl\IT OF FISH Al\ID GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518·1599 FG 86-11-0108 Re: Bradley Lake Hydroelectric Project -Barge Dock and Staging Area {Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game {ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction and operation of the barge dock and staging area within the Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction and operation of the barge dock and staging area will result in the permanent loss of tidelands utilized by fish and wildlife in the Kachemak Bay Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval to construct and operate a barge dock and staging area within the Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various J FG 86-II-0108 -2-March 11, 1986 statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work 1 imits of project features shall be surveyed and staked in the field. 5. No sheetpile shall be driven during the period of May 1 through May 15. 6. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. Xc' FG 86-II-0108 -3-March 11, 1986 This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 "E 11 Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the pena1ties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: ®1~ 0. (1,~, Philip J. Brna Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP Swt.L Ett.'-1 ftyr..t"' '"" J JL I T fl-. " v & ~ .. ,.t -) DEPARTMENT OF FISH AND GAME March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 FG 86-II -0107 Re: Bradley Lake Hydroelectric Project -Powerhouse and Switchyard {Bradley Lake 1) (071-0YD-2-850502) {AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction and operation of the powerhouse and switchyard within the Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction and operation of the powerhouse (including tailrace) and switchyard for the Bradley Lake Hydroelectric Project will result in permanent loss of tidelands utilized by fish and wildlife in the Kachemak Bay Critical Habitat Area. A tailrace channel will be excavated downstream of the powerhouse into the tidal flats in order to allow for a free discharge of generating flows onto the tidal flats and into Kachemak Bay. The substantial discharge from the powerhouse tailrace may attract or divert returning spawning salmon from other streams into the tailrace. The plans and specificatio~s for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval to construct and operate the powerhouse and switchyard within the Kachemak Bay Critical FG 86-II-0107 -2-March 11, 1986 Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. Blasting operations during the periods of May 1 through May 15 and September 1 through October 15 shall be limited to the time frame which coincides with the low tide each day, defined as 1/2 ebb tide to 1/2 flood tide or below elevation -4.0 feet project datum. 6. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken FG 86-II-0107 -3-~1arch 11, 1986 by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 11 E11 Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: Xc' ~n.Cb/&~ Philip :1. Brna Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP Swt-c )3,(:_ L If'//!: L /1xf1-'llr/J/'--J \ '':.·.-·.1 : WALTER J. HICKEL, GOVERNOR v-· 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 SPECIAL AREA/FISH HABITAT PERMIT FG 86-II-0107 AMENDMENT I December 26, 1990 ttr. David R. Eberle, Project Manager Alaska Energy Authority P. 0. Box 19 0 8 6 9 Anchorage, AK 99519-0869 Dear Mr. Eberle: Re: Permit Amendment -Bradley Lake Hydroelectric Project - Powerhouse and Switchyard (Bradley Lake 1) (071-0YD-2-850502) (SID AK851213-14A) Pursuant to AS 16.20.530 and 5 AAC 95, the Alaska Department of Fish and Game (ADF&G) has completed the review of your request for an extension of Permit No. FG 86-II-0107, specifically the construction of the powerhouse and switchyard within Kachemak Bay Critical Habitat Area. The Kachemak Bay Critical Habitat Area was established in 1974 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially shellfish, crab, and fish. Construction and operation of the powerhouse (including tailrace) and switchyard for the Bradley Lake Hydroelectric Project will result in permanent loss of tidelands utilized by fish and wildlife in the Kachemak Bay Critical Habitat Area. A tailrace channel will be excavated downstream of the powerhouse into the tidal flats in order to allow for a free discharge of generating flows onto the tidal flats and into Kachemak Bay. The substantial discharge from the powerhouse tailrace may attract or divert returning spawning salmon from other streams into the tailrace. The plans and specifications for the Bradley Lake Hydroelec- tric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this penni t application and are therefore incorporated by reference in this permit. \ FG 86-II-0107 AMENDMENT I -2-December 26, 1990 The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance with AS 16.20.530 and 5 AAC 95, Special Area Permit FG 86-II-0107 is hereby amended, approval to construct and operate the powerhouse and switchyard within the Kachemak Bay Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipu- lations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum) , at the powerhouse when tides exceed elevation 6. 0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the ride exceeds elevation -4. 0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. FG 86-II-0107 AMENDMENT I -3-December 26, 1990 5. Blasting operations during the periods of May 1 through May 15 and September 1 through October 15 shall be limited to the time frame which coincides with the low tide each day, defined as 1/2 ebb tide to 1/2 flood tide or below elevation -4.0 feet project datum. 6. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.20.530 and 5 AAC 95. This permit amend- ment must be retained onsite, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the penalt provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or FG 86-II-0107 AMENDMENT I -4-December 26, ]990 damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner ~c.""-~ CJ' '(\J\ C\::l By: Gay Muhlberg Habitat Biologist Region II cc: Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP I ~ui>&£1\.J !;.t C.H! L-l $uJiC.. -------f----------- ) J)J~J·i\.U'I''IEN'I' OF FISII ANn (i..\.,IJ<: fl ·: -...,¥ '#} \:,V' -· I J, I l ? 1"' i ;:;l -J. ;).. e WALTER J HiCKEL, GOVERNOR / 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518-1599 PHONE (907) 344-0541 fo:! ts w ~ ft ~~ ~,~_. ~n-- I i ! . . l ! '"-2 lr.,j ;;;_:( (? lS' ~EftCIAL AREA/FISH HABITAT PERMIT FG 86-II-0106 AI>!ENDMENT I I -'\LA::zt-:.1~ At.ni-Kl1-llTV . becemoer 26, 1990 Mr. David R. Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Mr. Eberle: Re: Permit Amendment -Bradley River Dam -Bradley River (Stream No. 241-14-10625-2010) (Bradley Lake 1) (071-0YD-2-850502) (SID AK851213-14A) Pursuant to AS 16.05.870(b), AS 16.20.530 and 5 AAC 95, the Alaska Department of Fish and Game (ADF&G) has completed the review of your request for an extension of Permit No. FG 86-II-0106, and amendments, specifically the construction of the Bradley River Dam and maintenance of instream flow for fishery resources in the Bradley River. The Bradley River has been specified as being important for the migration, spawning or rearing of anadromous fishes pursuant to AS 16.05. 870 (a) • The Bradley River supports pink, chum, coho, sockeye, and chinook salmon. Estimated escapments of pink salmon have ranged from 300 to 46,500 over the last five years. Most spawning activity occurs within several reaches of the Bradley River between river mile (RM) 4.25 and (RM) 5.20. Smelt and Dolly Varden also use the Bradley River. Flows in the Bradley River, as in other glacial streams, generally coincide with pink salmon spawning activities in August. Bradley River flows decline shortly thereafter, and reach minimum flows in January. Flows remain low throughout the winter until spring breakup during March and April. The seasonal streamflow patterns of the Bradley River are thought to limit pink salmon production because many redds dewater during winter, causing embryo motality. Construction of the Bradley River dam and operation of the Bradley Lake Hydroelectric Project will reduce and stabilize the flow of water in the lower Bradley FG 86-II-0106 AMENDMENT II -2-December 26, 1990 River and potentially affect salmon runs in the Bradley River. The plans and specifications for the Bradley Lake Hydroelec- tric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The original project was found to be consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on February 27, 1986. In accordance with AS 16.05.870(d) (commonly referred to as the Anadromous Fish Act), AS 16.20.530 and 5 AAC 95, Special Area Permit FG 86-II-0106 is hereby amended to construct the Bradley River Dam as a component of the construction and operation of the Bradley Lake Hydroelectric Project and is subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition to approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Energy Authority (AEA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between the powerhouse area Access Road Station 520+00 to 595+00 only in the work limits, in powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be accessed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6. 0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides FG 86-II-0106 AMENDMENT II -3-December 26, 1990 exceed elevation 0.0 feet. The barge area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. Sediment substrate distributed by barge landing and offloading shall be bladed smooth after use of the access corridor is completed. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The lake drawdown to initiate diversion through the tunnel shall be controlled so that the Bradley River flow remains within 1.5 times historical average monthly flow as measured at the USGS guage above Riffle Reach in the lower Bradley River. 6. If initial filling of the reservoir begins between January 1 and July 1, then during this period flows measured at the USGS streamflow guage near Riffle Reach in the Lower Bradley River shall be a minimum of 40 cfs during reservoir filling. After July 1, flows shall be increased 5 cfs per day to 100 cfs by July 15. There- after, the following minimum flows shall be maintained as measured at the USGS streamflow gage near Riffle Heach in the Lower Bradley River to the extent control- lable at the Bradley Lake Dam: May l through September September 15 through October 31 November 1 through April 30 100 cfs 50 cfs 40 cfs 7. During project operations (after initial reservoir filling), the minimum stream flows as measured at the USGS streamflow guage near Riffle Reach in the Lower Bradley River will be changed to the extent controlla- ble at the Bradley Lake Dam as follows: May 1 45 cfs May 2 50 cfs May 3 55 cfs May 4 60 cfs May 5 65 cfs May 6 70 cfs May 7 75 cfs May 8 80 cfs May 9 85 cfs May 10 90 cfs May 11 95 cfs May 12 through September 14 100 cfs September 15 95 cfs September 16 90 cfs FG 86-II-0106 AMENDMENT II September September September September September September September 17 18 19 20 21 22 23 September 22 November 1 -4- through October November 2 through April 30 December 26, 1990 85 cfs 80 cfs 75 cfs 70 cfs 65 cfs 60 cfs 55 cfs 31 50 cfs 45 cfs 40 cfs 8. The AEA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit amendment issued under the authority of AS 16.05.870, AS 16.20.530 and 5 AAC 95. This permit amendment must be retained onsite, with the original permit, during construction, and expires December 31, 1991. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit amendment are consistent with the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit amendment may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statues and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit amendment or any applicable law. This permit amendment decision may be appealed in accordance with the provisions of AS 44.62.330 -AS 44.62.630. FG 86-II-0106 AMENDMENT II -5-December 26, 1990 The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Norman A. Cohen Deputy Commissioner ~ ~c~-0 -VV'f-~C/\ By:~~ay Muhlberg Habitat Biologist Region II cc: Habitat Division 267-2284 v. Gilbert, ADNR P. Bielawski, DGC G. Del Frate, ADF&G J. Westlund, ADF&G w. Bucher, ADF&G D. Clausen, ADF&G B. Smith, NMFS D. McGillivary, USFWS s. Hanson, CE B. Bayes, FWP CORRESPONciENCE DISTRIBUTION ACTION: COPIES: (TR M II\) '>I'-! TR.. u b&[rJ D[U-1 !L.L ,5w[c_ c---- n:_l;! n~:;!'::._ _____ ------··--~" March 11, 1986 Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Attention: David Eberle Gentlemen: BILL SHEFFIELD, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518·1599 '86 ~JIR 14 All f.t385-II -082 4 Re: Bradley Lake Hydroelectric Project -Airstrip Construction and Operation (Bradley Lake 1) (071-0YD-2-850502) (AK851213-14A) Pursuant to AS 16.20.260 and 5 AAC 95.050, the Alaska Department of Fish and Game (ADF&G) has reviewed the Bradley Lake Hydroelectric Project, specifically the construction and operation of an airstrip within the Fox River Flats Critical Habitat Area. The Fox River Flats Critical Habitat Area was established in 1972 for the purpose of protecting natural habitat crucial to the perpetuation of fish and wildlife, especially waterfowl. Construction and operation of an airstrip as a support facility for the Bradley Lake Hydroelectric Project will result in the permanent loss of wetlands utilized by fish and wildlife in the Fox River Flats Critical Habitat Area. The plans and specifications for the Bradley Lake Hydroelectric Project and the mitigation plan for the Bradley Lake Hydroelectric Project are part of this permit application and are therefore incorporated by reference in this permit. The Bradley Lake Hydroelectric Project is within the Alaska Coastal Zone. This project, with stipulations, was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination on February 27, 1986. In accordance with AS 16.20.260 and 5 AAC 95.050, approval to construct and operate an airstrip within the Fox River Flats Critical Habitat Area as a component of the construction and operation of the Bradley Lake Hydroelectric Project is hereby given subject to the following stipulations: 1. Revisions to the plans and specifications or mitigation plan which deal with activities regulated by the ADF&G under its various statutory authorities will require ADF&G approval and/or permit FG 85-II-0824 -2-March 11, 1986 amendment. Plans of operations for construction of permitted activities shall be submitted to the ADF&G for review and approval for compliance with stipulations contained herein. The ADF&G reserves the right to condition the approval and to require mitigation as appropriate. 2. Routes to minimize flights over concentrations of wildlife in Kachemak Bay and Fox River Flats Critical Habitat Areas will be developed by the Alaska Power Authority (APA) and approved by the ADF&G. 3. Access to the project site shall be limited to air access and water access only. Construction activities and access will be restricted to within the clearing limits or working limits shown on the construction drawings. Landing craft and shallow draft barges may beach near the Martin River borrow site on the gravel outside the work area, near the construction campsite between Access Road Station 590+00 to 595+00 only in the work limits, in the powerhouse area Access Road Station 520+00 to 490+00 only within the work limits, and near Sheep Point Access Road Station 567+00 to 550+00 only within the work limits. Landing areas shall be acce~sed as follows: at the campsite when the tides exceed elevation 7.0 feet (project datum), at the powerhouse when tides exceed elevation 6.0 feet, at Sheep Point when tides exceed elevation 4.0 feet and at the Martin River Borrow Site when tides exceed elevation 0.0 feet. The barge dock area may be used for access when the tide exceeds elevation -4.0 feet (project datum) within the work limits only. 4. Access areas and work limits of project features shall be surveyed and staked in the field. 5. The operation of aircraft to and from the airstrip shall be minimized during spring and fall bird migration. Aircraft flights over Fox River Flats Critical Habitat Area will be limited between May 1 and May 15 and between September 1 and October 15 to essential use only. Consistent with safe aircraft operations, within these dates fixed wing aircraft shall maintain a minimum 500 feet altitude and rotor craft shall maintain a minimum 1,500 feet altitude except during take-off and landing. Takeoffs and landings during these periods should be restricted to times of low tide events defined as 1/2 ebb tide to 1/2 flood tide or below elevation -4.0 feet project datum. 6. The APA shall upon request, furnish transportation and quarters for ADF&G representatives to inspect project activities. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken · FG 85-I I-0824 -3-t'1arch 11, 1986 by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.260.260 and 5 AAC 95.050. This permit must be retained onsite during construction, and expires December 31, 1990. Please be advised that our approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 11 E11 Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: @J19.63~ Philip J. Brna Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR (PROFS) T. Rumfelt, ADEC (PROFS) P. Bielawski, OMB (PROFS) D. Clausen, ADF&G G. Bos, ADF&G D. Holdermann, ADF&G T. Schroeder, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP ~w~ C E ( L iJ; f" L /t~(¥1,~/ ';<. . T t2 'J i:1 & :; .-/ 1 R·~cf:. vt:.U r. (: r I ' :~c ,. / - BILL SHEFFIELD, GOVERNOR DEPARTMENT OF FISH AND GAME September 2, 1986 Mr. David R. Eberle Project Manager~ Bradley Lake Hydroelectric Project Alaska Power Authority P.O. Box 190689 Anchorage, Alaska 99519-0869 Dear Mr. Eberle: 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518·1599 Re: Permit Amendment; Relocation of Permanent Airstrip from Fox River Flats Critical Habitat Area to Kachemak Bay Critical Habitat Area; Permit Nos. FG 85-11-824, FG 86-11-114, FG 86-11-115 (State 1.0. AK851213-14A) (Bradley Lake 1) Pursuant to AS 16.20.260 and 5 AAC 95, the Alaska Department of Fish and Game has reviewed your proposal to relocate the permanent airstrip from Fox River Flats Critical Habitat Area near the powerhouse site. The permanent airstrip will be relocated along the access road near Sheep Point. The road will be widened from 28 feet over a 2400-foot distance from station 532 +55 to station 556 + 62.02. The permanent airstrip, previously located within the Fox River Flats Critical Habitat Area will be deleted. A truck turn-around area will be maintained north of the powerhouse to access the north tunnel portal and powerhouse substation. A marshalling yard for construction staging and work area would be built adjacent to the tailrace on the south side of the powerhouse to compensate for the loss of the portion of the airstrip that would have been used for that purpose. This project modification was found consistent with the Alaska Coastal Management Program (ACMP) by the Division of Governmental Coordination (DGC) on 27 August 1986. In accordance with AS 16.20.260 and 5 AAC 95, project approval is hereby given. There are no new stipulations. All stipulations on the original permits remain in effect. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the avera ll scope of the project or \vhi ch negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is rec01mnended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. ~ - · Mr. David Eberle -2-September 2, 1986 This letter constitutes a permit issued under the authority of AS 16.20.260 and 5 AAC 95. This permit must be retained onsite during construction, and expires on 31 December 1990. Please be advised that this approval does not relieve you of the responsibility of securing other permits: state, federal, or local. You are encouraged to contact the Alaska Permit Information Center, 437 "E'' Street, Suite 200, Anchorage, Alaska 99501, telephone 279-0254 if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provisions of AS 44.62.330-44-62.630. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: cc: Donald 0. McKay Habitat Biologist Habitat Division Telephone 267-2284 M. Hayes, ADNR (PROFS) D. Wilkerson, ADEC P. Bielawski, OMS {PROFS) D. Clausen, ADF&G J. Westlund, ADF&G D. Holdermann, ADF&G B. Smith, NMFS R. Bowker, USFWS/WAES S. Hanson, CE F. Short, FWP , Due Date: I ! STATE 0 F ;~ L H.:; K 11 ~PARTMENT OF NATURAL RESOL ES "-" DIVISION OF ltJ/iTG: '-' PERMIT TO APPROPRIATE WATER LAS 13370 THE STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT, AND THE REGULATIONS ADOPTED UNDER IT. GRANTS TO: ALASKA ENERGY AUTHORITY, DCED 701 E TUDOR fW PO BOX 190869 ANCHORAGE. AKA 995190869 THE RIGHT TO DEVELOP THE FOLLOWING USE OF WATER: SOUf{CE: UNNAMED TRIBUTARY 7250.0 ACRE FT/YR HYDRO POW GEN PRIORITY DATE: 06/03/199~ QUANTITY: LISE: FROM: JAN Oi THRU DEC 3i THE LOCATION OF THIS WATER SOURCE IS: THAT PORTION OF AN UNNAMED TRIBUTARY TO UPPER BATTLE CREEK LOCATED WITHIN SW1/4NE1/4 SECTION 17, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SEWAf<D MERIDIAN .. THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS IS: A POWERHOUSE LOCATED WITHIN NEf/4NWi/4 OF UNSURVEYED SECTION 2. TOWNSHIP 5 SOUTH, RANGE 10 WEST, SEWARD MERIDIAN, HOMER RECORDING DISTRICT. THIRD JUDICIAL DISTRICT. STATE OF ALASKA. WATER FROM THE UNNAMED TRIBUTARY WILL BE DIVERTED TO BRADLEY LAKE TO BE USED FOR POWER PRODUCTION. i CHANGES IN THE NATURAL STATE OF WATER ARE TO BE MADE IN THE MANNER AND ONLY FOR THE PURPOSES STATED IN THIS PERMIT. THIS PERMIT IS SUBJECT TO THE PERTINENT STATUTORY PROVISIONS IN AS 46.15, ADMINISTRATIVE REGULATIONS IN if AAC 93. AND THE FOLLOWING CONDITIONS: THE HOLDER OF THIS PERMIT SHALL: FOLLOW ACCEPTABLE ENGINEERING STANDARDS IN EXERCISING THE PRIVILEGE GRANTED BY THIS PERMIT. DEFEND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LEGAL ACTIONS, LOSS, LIABILITY AND PAGE i FE:1~11l I TO APPROPRIATE WATER LAS i3370 "XPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO OR LOSS F PROPERTY ARISING OUT OF OR CONNECTED WITH THE EXERCISE OF THE PRIVILEGE GRANTED BY THIS PERMIT. COMPLY WITH ALL APPLICABLE LAWS. REGULATIONS AND CONDITIONS. NOTIFY THE DIVISION OF LAND AND WATER MANAGEMENT, DEPARTMENT OF NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR TRANSFER OF ANY REAL PROPERTY IDENTIFIED IN THIS DOCUMENT. GRANTOR: STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION P.OA BOX 107005 ANCHORAGE, ALASKA 995i0-7005 SUBMIT TO THE DIVISION. STREAM GAGE MEASUREMENTS ON UPPER BATTLE CREEK FROM A LOCATION DOWNSTREAM OF THE DIVERSION. SUBMIT STREAM GAGE RECORDS MONTHLY THROUGHOUT THE DURATION 0~ THIS PERMIT OR UNTIL FURTHER NOTICE FROM THE DIVISION. AS SOON AS YOU BEGIN USING WATER, ESTABLISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT MONTHLY WATER USE RECORDS TO THE DIVISION ON A QUARTERLY BASIS FOR THE DURATION OF THIS PERMIT OR UNTIL FURTHER NOTICE FROM THE DIVISION. THIS PERMIT SHALL EXPIRE ON 10/10/1996 THIS PEFa1IT TO APF'f<tlPRIATE WATER IS ISSUED. 'frY 1 AUTHOHITY OF AS 46. i 5. 080 AND 1 i AAC 93. 120 ON _____ Qc..r.a_/2.~~---·-/1_ ____ J i 9 '![. __ .. APPROVED' ~-6-~~·------------- TITLE: _(j,~!r_i&-k_/f_~_Sit?.k ___ _ ~7 DIVISION OF WATER PAGE 2 ~ T A T E 0 F A L A S K A :;·1 ',,1 l RECORD copy· CflE "'-a (·)7 /02/1 99'i DEPARTMENT OF NATURAL RESOURCES . DIVISION OF LAND AND W~HER MAW~GEMENT;,J;;.3K:::: E:.c .i/ A:_.ihOrify 3601 CST., PO BOX 107005 ANCHORAGE, AK. 99510-7005 PHONE 907-762-2253 ALASKA ENERGY AUTHORITY, DCED 701 E TUDOR RD PO BOX i 9(·)869 ANCHORAGE, AK. 995190869 CERTIFIED MAIL ::: ~/A RETURN RECEIPT REQUESTED RE: WATER RIGHTS PERMIT LAS 6998 ENCLOSED IS YOUR PERMIT TO APPROPRIATE WATER. THIS PERMIT ALLOWS YOU TO DEVELOP A WATER SOURCE AND WATER USE AS INDICATED; HOWEVER IT IS NOT THE FINAL STEP IN OBTAINING YOUR WATER RIGHTS • ONCE YOU HAVE ESTABLISHED YOUR WATER USE, IT IS NECESSARY THAT YOU NO'fiFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS "CERTIFICATE OF APPROPRIATIONnA IF YOU DRILL A WELL, YOU WILL NEED TO SUBMIT A COPY OF THE DRILLERS LOG FOR THE WELL. PLEASE BE ADVISED THAT OUR APPROVAL DOES NOT RELIEVE YOU OF THE RESPONSIBILITY OF SECURING OTHER PERMITS: STATE. FEDERAL, OR LOCAL. FOR INFORMATION CONTACT:ALASKA PERMIT INFORMATION CENTER 3601 CST., SUITE 1080 ANCHORAGE, AK. 99503 PHONE: 907-762-2253 PLEASE READ OVER YOUR PERMIT CAREFULLY AND NOTE THE EXPIRATION DATE. IF YOU ALLOW YOUR PERMIT TO EXPIRE AND FAIL TO NOTIFY US, YOUR CASE MAY BE SUBJECl. TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS IN GENERAL, PLEASE CONTACT US. SINCEf~ELY .. Gtif\Y F'FWKOSCH REGIONAL WATER OFFICER l _so~~PCJf'JOENCE DISTRIBUTION ~-ACTION: COPIES: 1--fC (Vl U) t, }(. I i /i'Cv1:> ,r,.) ·,,. ' : St<) L c '. NATURAL RESOURCE OFFICER ENCLOSURE STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT PERMIT TO APPROPRIATE WATER <AMENDED> LAS 6998 THE STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT, AND THE REGULATIONS ADOPTED UNDER IT. GRANTS TO: ALASKA ENERGY AUTHORITY, DCED 701 E TUDOR RD PO BOX 190869 ANCHORAGE. AK. 995190869 THE RIGHT TO DEVELOP THE USE OF WATER FROM THE FOLLOWING SOURCE: A) DRILLED WELL WITH A PRIORITY DATE OF 03/26/1986 3200.0 GAL/DAY FOR HEAVY CONSTRUCT JAN 01 THRU DEC 31 THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS IS: BRADLEY LAKE HYDROELECTRIC PROJECT PERMANENT FACILITIES SITE. SAID SITE LOCATED WITHIN NE1/4NW1/4 PARTIALLY SURVEYED SECTION 2. TOWNSHIP 5 SOUl·~:. RANGE 10 WEST, SEWARD MERIDIAN, IN THE HOMER RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. THE LOCATION OF THE WATER SOURCE IS A DRILLED WELL. 60 FEET DEEP, WITHIN SW1/4NW1/4NE1/4NW1/4 PARTIALLY SURVEYED SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SEWARD MERIDIAN. CHANGES IN THE NATURAL STATE OF WATER ARE TO BE MADE IN THE MANNER AND ONLY FOR THE PURPOSES STATED IN THIS PERMIT. THIS PERMIT IS SUBJECT TO THE PERTINENT STATUTORY PROVISIONS IN AS 46.15, ADMINISTRATIVE REGULATIONS IN 11 AAC 93, AND THE FOLLOWING CONDITIONS THE HOLDER OF THIS PERMIT SHALL: FOLLOW ACCEPTABLE ENGINEERING STANDARDS IN EXERCISING TfiE PRIVILEGE GRANTED BY THIS PERMIT. DEFEND AND INDEMNIFY Tf1E STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LEGAL ACTIONS, LOSS, LIABlllfY AND EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO DR LOSS PAGE PERMIT TO APPROPRIATE WATER <AMENDED) LAS 6998 OF PROPERTY ARISING OUT OF OR CONNECTED WITH THE EXERCISE OF THE PRIVILEGE GRANTED BY THIS PERMIT. COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND CONDITIONS. NOTIFY THE DIVISION OF LAND AND WATER MANAGEMENT, DEPARTMENT OF NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR TRANSFER OF ANY REAL PROPERTY IDENTIFIED IN THIS DOCUMENT. GRANTOR: STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION P.O. BOX 107~)05 ANCHORAGE, ALASKA 99510-7005 SUBMIT TO THE DIVISION ALL WELL LOGS ASSOCIATED WITH THE DEVELOPi'1ENT OF MONITOFUNG WELLS Clr\ f\NY OTHER WELLS DEVELOPED FOF\ THIS WATER RIGHT. THE PERMITTEE MUST OBTAIN THE NECESSARY PERMITS AND APPROVALS FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE WATER AND WASTEWATER SYSTEMS. THIS PERMIT SHALL EXPIRE ON 09/15/1996 THIS PERMIT TO APPROPRIATE WATER IS ISSUED BY AUTHORITY OF As 46. 1 s. 0s0 AND 1, AAc 93. 12f> oN --·-----~--~.s ________________ .. ______ , 1 9?/ ______ • APPFWVED: TITLE: -~1--d-·(2£~----------------------- _L{;.~ kc __ t;_tlc.MM.lL.)~.~~-__ .... -------.... __ -·-· DIVISION OF LAND AND WATER MANAGEMENT PAGE 2 ; r-" -, I •I /\ ', ~ : ' I..J ·~ f ; \ \ L.·r-ti L~ -J __ \\ (:.~~ OEI•1\.RT~IENT OF Nl\. TUitAL IC.ESOIJIC.CES June 22, 1993 Brent N. Petrie Alaska Energy Authority PO Box 190869 Anchorage, AK 99519-0869 DIVISION OF WATER RE: Application for Water Rights -LAS 14316 WALTER J. HICKEL, GOVERNOR 3ti01 C. Street P.O. Box 107005 Anchorage;, Alaska 99~)10-7005 Phone: {907) 762-257'} RECEJVED JUN ? 5 ALASK/, ENERSY AUTHOfliTY Property Descrjption: Bradley Lake Hydro Project Waterfowl Nesting Area Dear Mr. Petrie: Your Application for Water Rights was received by this office on June 1, 1993. That date is your water rights priority date. The information obtained in water right applications provides this office with additional data on the water resources in your area. The data, which is entered into our computer system, adds to our existing data base and is used in adjudicating water rights in the local area. The information we enter upon receipt of an applica tion includes: source of water (surface or subsurface), location of the water source, quantity of water requested, type of water use, and any well log information. Because of our current backlog, it is difficult to predict exactly when your application will be processed. If you have any questions concerning your application, please contact this office at 762-2575 and refer to your LAS number referenced above. Thank you for applying for water rights. Sincerely, THE WATER MANAGEMENT SECTION CfX10·-~~ ec. \1m A ~l:ltrlL- .:,., I' DI::Pr:.Fn hE NT oF· N?:iTUPtt!.. F;:ESOI.Jj;:U~:S ;):i:\·I.':{;_ji'! i)F l .. i~\N:O i~ND I;J.~TEF< 111~\Nf~\G[i"\Fi";iT .~NCHORI~GE. i:)K. <ft;-~ i •."·)--7\·)W:· PHONE: 907-76~-225~ ,:q_(~SKt~ ENERGY ~~UTHOF:TTY. DCED 70 I E: TUDOF< F-:D f.:.NCL.DS'ED u: YOUf;: ;::·::J..:MIT TO {~,F'F>f;:r::J!>F-:Ii:dt-::: V.h21it:P, THIS FFF:t-liT (.:,UJ)i~JS YOl! TO DEVELOP A WATER SOURCE AND WATER USE AS INDICATED; HOWEVER IT JS NOT THE Fii'Y-.i ... ~:TEF· IN Dt:TAININC --,-t::-JUF;: l~llc.-TT:F: F:H.i--1"1-S, ON(E YOU HAVE ESTABLISHED YOUR WATER USE. IT IS NECESSARY THAT YOU N01IFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS " C E F.: T I F. I C (~ T E 0 F ~~~ P F· F~ 0 P f( I ,:, T I D N " • I F Y 0 l J D F: I L 1.. (i l:J E L L. . y· CJ l j W I L L. NEED TO SUBMIT A COPY OF THE DRILL.ERS L.OC FOR THE WEL.L. F'L.Ei'ISt::· BE i~D\iiSED Tf-ii:~T OUR f~r~·F·f;~DVt-"~L DOES i··JClf r:ELIE\/E YOlj Cir:· i'HE: RESPONSIBILITY OF SECURING OTHER PERMITS: STATE, FEDERAL, ClR l.OCAL. FOR INFORMATION CONTACT:ALASKA PERMIT INFORMATION CENTER 360i CST., SUITE 1080 ANCHORAGE. AK. 99503 PHONE· 907-762-2253 PLEASE READ OVER YOUR PERMIT CAREFULLY AND NOTE THE EXPIRATION Dtd'E:. IF YOU t;LLOlJ YOLJF:: PERMIT TO EXF' H:E AN}) r::· t-IlL TO NOTIFY US, YOUR CASE MAY BE SUBJECT TO TERMINATION WITHOUT FIJRTHER NOTICE. IF YOU Ht-1\IE: ANY QUESTIONS' ?·,f;OUT YOLH;: F'EF:MI'! Oe i~.lr~,TEF: F:H~I--IT.~' U'.i CENER(~L. F'LE1~SE ,;Ui'.lfi:iCT US. Sli\ICLY.:!::.LY. V E f< 0 N I C i~ C I L B ~_:: R T ! rn~rr:~pr'"'~'"'~":l!:_~_!?:~:rnmu_TI()i\1 J \- S () U i H C: ~~: l' !'i F< (., 1.. ~;: t:: G I CJ N {I L i-l t-·.t\1 ~~~ C~ f.::t;: I ~, ~:,~~~' WLt~L __£~ ... j ( _l ___ j t-·---------+- i /1·, ' r.rj_• N ~~ T U R 1 ~ I. F< L ,',' U LJ R C F () ~: r· I (; F f( .--.,. (~ I Due: Du.t.e::.:· : ___ ..__ _______ j '--"------·- ;t,·::fF ;"jF ~~,f.,:, .. :;.y, L-Ei·'!~,;::,·; :vtCN'I CH~ ; .. ;r.,·•uF:r:,:.. F:ES'OUF:C~; :: D I 'i .•: S :~ DN UF L.,\ND i4N D hJ, · i' ;:~R i'~1W•~ 1; f:J1EN i PEF.:MIT TO APPROPRIATE WATER ~AMENDED) THE SlATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT. (~ND THF. RFGI.ILiH EH.JS ADOPTED UNDE!~ IT. GE:{:11•rr S ro · t~.tJ,SI•J, ENERC"l AUTHORITY, DCFD ?•» i E TUDOF: F·O PO BOX i 9€•069 ~~NC HOP(~CE . r~K . ·.:'9'~: i ''ii;)pt,? 23.2 ,~,Cfd:: FT/YF: FOR ENVIR QUAL MGMT J!~N i:/1 fHfW DFC :3i Bt:<,·4DLEY Lt~~~E HYDROEL.ECTF:IC PF.:OJECT WATEf~F'OWL NE.\''ING SITE. SAID SITE L.OCATED WITHIN NW1/4NWt/4 PARTIALLY SURVEYED SECTION 2. i'ND THE Ei/2NW1/4. NEi/4 PM"<T!:t1LLY SU~:·..,.'EYED SECTION 3. TOWNSHIP 5 SOUTH, RANGE 10 WEST. SEWARD MERIDIAN. THE LOCATION OF THE WATER SOURCES IS A PORTION OF THE UNNAMED NATURAL DRAINAGES WITHIN THE ABOVE-DESCRIBED PROPERTY. THE 23, 2 ACRE FT IS TO BE Ct•F:·TLJRED .~1i'!D STORED FDF~ USE t:N F~ A WATERFOWL NES~iNG AREA. CHANGES IN THE NA'fURAL STAfE OF WATER ARE fO BE MADE IN THE MANNER AND ONLY FOR THE PUPPOSE::S SHdT:Ii II" THIS F'E!-;:MJT. THIS FEF:hiT IS SUIUFCT TO THE PERTINENT STATUTORY PROVISIONS IN .~s 46.i5. ADMINISTRATIVE ~d:::CULJd'IONS IN ! I 1V1C: 93. td'lD THF. FOLUlWINC C0l'WITION5.' · HI[ l!rl!..DEF< flF HfL\' F'ERI'H! SH(ii..L: FOL.Ut\:..1 ACCEPT?,BL.E ENCJNET:FUNC ST?iNDf',f::DS lN r:.::-:Fi~~CU . .'J.NC HIE !.M.TEI:: h:J:C~HT ~RANTED BY THIS CERTIFICATE. DEFEND AND INDEMNIFY THE STATE AGAINSl AND HOLD IT HARMl.[S FROM ,·.1NY ~~ND .~L.I .. (Li~Jr1:;. DFMi~tNDS. LEi~i~L 11CTIDNS.. LDSS. LII'tfjlL.ITY ,'\ND APPROPRIATE WATER (AMENDED) Li~S EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO OR l.OSS OF PROPERTY ARISING OUT OF OR [ONNECTED WITH THE EXERCISE OF THE WATER RIGHT GRANTED BY THIS CERTIFICATE. CO f'1 F'L Y t·J IT H t1L L t~~F·f'L I C {) £'1... t:: Li~I..JS . F;:E GI.JI .. t~) T I DNS {1N J) COi'lD IT I DNS, NOTIFY THE DIVISION OF LJ1Hll r-1ND I.<JI'YfTF: i"'if.'!i'-.'f.!GEMEi"lT. DEPtd~:ThU·-n OF NATUf\:1::-.L. F..:ESOURCES OF f~NY Cf-lf:li'IGE OF t~DDF:ESS OF THE GF:M~TEE: 1-JI:;_• TRANSFER OF ANY REAL PROPERl'Y IDENTIFIED IN THIS DOCUMENT. SUBMIT TO THE DIVISION ALL DATA COLLECTED EITHER THROUGH INSTRUMENTATION OR ESTIMATION IN THE ESTABLISHMENT AND MAINTENANCE OF THE WATERFOWL NESTING AREA. THIS PERMIT SHALL EXPIRE ON 12/31/1992 T H I S F· E R M I T T U (':) F· F' R 0 P F: I ATE WATER I S I ~ U ED BY ~~ U T H 0 R I T Y 0 F As 4 6 . 1 5 • 0 8·~ tl ~~ D 1 1 f-l A c 9 ::z, • 1 :::~ 0 0 i'! ... -· .L-J~<.L.. ·-· .I?.J. ................................. ·-· ·-·-·-· } 1 9 .7.fL --. TITLE· .... ...... .it :6. .. £.1.. ..... _;:;_'].~~.-:&e. ..... /Jft.~Jt!:L ... -·--·-... -.... - DIVISION OF LAND AND WATER MANAGEMENT \ Alaska Energy Authority AEA/OTHR/0985 December 21, 1989 Ms. Veronica Gilbert Regional Director A Public Corporation AK Department of Natural Resources Division of Land and Water Management, SCRO P.O. Box 107005 Anchorage, Alaska 99510-7005 State ot Alaska Steve Cowper. Goverr;or Subject: Lease of State Lands for Bradley Lake Hydroelectric Project Moose Mitigation Program Dear Ms. Gilbert: Enclosed is an application to lease lands under AS 38.05.810. These lands would be used as part of the Bradley Lake project moose mitigation program. It is our intention that they be managed for the primary purpose of maintaining and/or enhancing moose winter habitat in the lower Fritz Creek drainage. Activities such as public recreation, forestry and habitat manipulation would be allowed if consistent with the primary purpose. We are also trying to acquire other lands in this area so that they may be managed for the same purpose. If a reasonable amount of adjoining land cannot be acquired, or for some other reason the program does not appear to be workable, we would voluntarily relinquish this lease. The effectiveness of the moose mitigation program would be evaluated every five (5) years for this purpose. If you have any questions regarding this request, please do not hesitate to contact Mr. Tom Arminski of our staff. Sincerely, £J:YKtJ__. David R. Eberle Project Manager TJA:js Enclosure as stated. cc: E. Harvey Elwin, Bechtel, w/enclosure Norm Bishop, Stone & Webster Engineering Corporation, w/enclosure .. PO Box AM Juneau. Alaska 99811 (907) 465-3575 ¥ PO Box 190869 701 East Tudor Road Anchorage. Alaska 99519-0869 (907) 561·7877 7354/1028(1) STATE OF ALASKA Department of Natural Resources Division of Land and Water Management Southcentral Region BOX_ 701)5 Anchorage, Alaska 99510-7005 APPLICATION FOR LEASE OR TRANSFER OF STATE LAND *$SO.OO Filing FeeUNUER AS 38.05.810 FOR PUBLIC OR CHARITABLE USE ·Sutmitted by Alaska Energy Authority ADL II (municipality or organization) (ente_r_ed~b-y-=Re-g~i~o-n-0~f~f~i-c-e~) Application date December 20, 1989 Address: P.O. Box 190869 Anchorage, Alaska 99519-0869 Phone: 907-561-7877 Received: (stamp) Under provisions of AS 38.05.810 and AS 29.18.210, for the application is hereby made lease [X] transfer [ J sale at fair market value [ J sale at less than fair market value [ ] of state lands shown on the attached map and described below for the public purposes of Bradley Lake Hydroelectric Project Moose Mitigation Program Legal description: · p·arcel A: WiSWi Section 33, T5S, R12W, S.M., 80 acres . Parcel B: SEiNWi, NEiSWi (not tidal or submerged) sect1on 6, T6S, R12W, S.M., 56.75 acres The area described above contains approximately 136.75 acres. Lands leased or conveyed under AS 35.05.810 or 29.18.210 for less than fair market value shall contain a reverter clause conditioned upon unrestricted public use and access unless the lands conveyed to municipalities will be charged against their remaining municipal land entitlement as defined in AS 29.18.201 and .210; in this case a deed may be issued unde:r: .810 without the reverter and unrestricted public use clauses. This application is made under the authority and on behalf of the Alaska EQilQY Authority .(municipality or organization) undersigned,· *ielul.Y appointed representative thereof. . by the £L:)' --==;.....:.;....:;..;=-~--~· ;=s .. l"""g ... ~-t~u...:.re~------"1'7fJt>f--Acting Exectt~i:{e fi rector This application has been received and validated by a representative of the Region Office_of the Division of Land ~a~nd~W~a~t~e~r~M~a~n~a~g~em~e~n~t~,~a-r~e~c~e~l~P~te-d~c-op~y----of which has been mailed/given (circle one) to the applicant's representative. Received by: (signature) *Federal, state, and local governrrent agencies are exempt from filing fee. 10-U!o. 7/85 (title) S~8MIT ORIGINAL WITH n~O CCP!ES INCLUDING MAPS AND ATTAC:-."'1ENTS ... ®~ _®i • (;;;:\ ~ Q ;i ®t ®: CID ., @) ~/ 0 ®~ • t ®: ®: ~ .. ® ® ® Coastal Project: ~,hestionnaire and Certif,-cation Statement PJcue answer all questions. Include maps or plan drawings with your packet. An ~ quesdoaDiire may be returned and will delay the review of your packet. PPLICANT INFOaMAnON 1. Alaska Energy Authority 2. Mr. Davjd R. Eberle. Proiect Manager Name of ApplicaDl Ccmact Persall P.O. Box 190869 ~S~aiolljme.._ ___________ _ Address Addn!sl Anchorage. Alaska 99519-0869 Cily SIIIID Zip Code City Swe Zip Code 907-561-7877 Daylime PboDe Daytime Pboae PROJECT INFORMAnON 1. Provide a brief description of your project and AU. assoc:iated flcilities (caretaker facilities. etc.): Lease of state lands for Bradley I ake Hydrpelectric project Manse Mitjgatipn Program. Starting Date fer Project Dec 31 • 1989 Endin& Date b Project Dec 31. 2035 PROJECT LOCA nON 1. Please pve locatioa of project. (IDclude nearest COIDJDUIJity ex: identifiable body of land ex: water.) Lease area adjacent tg Kachemak Bay near Erjtz Creek Township TG~ Rqe Rl2W Maidi.a 8 SeaiaD 3 ~ Aliquoc Pans __ usos Mlp Se 1 dov i a C-4 2. Is the project on: (,._.-* widl.,n State Land X Federal Laad-PriYa LIDd -Mlm.ic:ipll LaDd -- 3. Project is located iD which Maioa oi..pc state (lee IUICbed map): NCI"'be:nn Soc!.-~~ Soilt tiM -- CURRENT APPROVALS ~ !'' ~ '; ·. ~~~----p FEDERAL APPROVALS 1. Will you be placina str'UCtUreS ex: filiJ iD any of the followinJ: tidal waten, StmlmS, ~ CX' wed•ndt*1 *If 'PI tnlllf:CI'Mia ...... .,.,,. Iff I ,oj«.f .... u ill .......... COIIIMI:r,.. u.s. c.,. tl/ ~ •• .,..,., Jf'tllfdj • t907) 71J:rnotor • ......., ~--If,_,....-.,..~ ..... caUIMII-J..f00.4'11..J1J2. If yes. have you applied fer ex: do you iniCDd to apply fer a U.S. Army Corps ofEnJineas (COE) permic? Please indicau: at ripe and &ive due of submiaal . Y• No DO 1 ., l 12: Will you be investiprinl r:x povinl b.isuxical ac arcb.aeololical re1 :es 011 stare-owned laDd.? 13. Will the project be located in a unit of the Alaska Stat2 Parle System? U you answencl NO to all qu 1.....,_ Ia this section, you do not need am approval from the Alaska Depar'tllllllll o1 Natural Resources (DNR). Continue to the next section. iJ you answered YES to ANY questions in this sec:don, contact DNR to identify and obtain necessary appllatloa f011111. Y• No om DGJ Based on your discussion with DNR. please list (below) the approval type needed and date submitted. ApprOYI1 Typt 0... Sntnif.lld (cr inland 10 submil) AS 38.05.810 I ease December 20. 1989 Have you paid the filina fees required for the DNR permits? Y11 No O[[J If you are not appiyin& for DNR permits. indicate reasoo below: Waived _ a. (DNR contact) told me on---(date) that no DNR approvals or permits were required on this project. ---b.~----------------------------------------------- DEPARTMENT OF nSB AND GAME APPROVALS l. Will you be workin& in a stream. river, or lake? (This includes work in runnill& water or on ~ rn ice. witbiD the ICtive floodp• on islands. the face of the banks. or the saeam tidelands down to mean low tide.) Name of stream or river: ---------Name of lab:-------- W'tll you be doina any of tbe followi.na: a) Buildinaa dam. river ninina sttucture or insaeam impoundment? b) Using the water? c) Divenina or alterin& the·DI&UI'Il channel suam? d) Blockin& or dwmmina the l1l'eiiD. (temporalily or pcr~D~~~CAd.y)? e) Chanainl the walll' flow ar die Wl.lll' dwme\? 0 Pumpina water out of the 111eam or lab? g) In~ ........ met. peaoleum produ.:ts. debris. cbemicals or wutes of any type .... Ill '> . ~rp ' .. b) Usina the aif~·.a...d<ewa wben fiozea). or c:rouial the saeam with II'ICkecl or wheeled u 1Malll. ........,.,, or excavadon equipmeal (backhoes. bulJdoars. etc.)? i) Allai.Da or 111bilizina the bll'lb? · j) Mininl or diainl iD the beds or banks? k) Usina explolives? 1) Buildina a bridp (irlcludinaan ice bridp)? m) Insta.Wna a culvert or otber drainage scructure? 3 Ya No orn DIJJ DIXl om om DCiJ DUJ DUJ ClUJ O[L] O[L] CJ[iJ DGI ···~ 8. ,will y0ur project a=erate ~~..-.k;mms from me foUowina: a) Dietel aeoerucn t.oealina nv.n dw:\10,000 hp? b) Other fouil fuel. fired elecuic pnenuor. furnace, or boiler totalinc peau:er than 10.000 hp~ or9,000 k:Wb, or 100,000,000 btulhr? c) Asphalt pliDt? d) IncineratOr bumina more than 1000 lbs. per hour? e) Industrial process? 9. Will you be alterinaa public wuer sysrem? 10. Will your project require offsiDe drilling or vessel ttanspCXt of oil. or other peaoleum products u caqo, or include ODShore facilities with an effectiYe storap capacity of greater than 10,000 barrels of such products? Y• No DID 0[] DI!J om om OCiJ om 11. Will you be subdividinalands into two or more lots (pm:els)? 0 (!] It you answered NO to all questions Ia tbis sectloa. you do not need a permit or approval from tbe Al-*a Departmeat of EnvircaneDtal Ccmervation (DEC). Please continue to tbe nat -=tloa. U you Ull'ftred YES to any of these quesdoaa ( .. 115 Note), coatact tbe DEC Rep,naJ t Offtce for information and appUcation foi'IDL : Based on your discussion with DEC please list (below) tbe approval type needed and date submitted. ~II Type 0.. SbtniJted (ot .,..., Rbmit) If you ue noc applyina f~ pei"'JJitJ. iadicate reaaa below: -a. (DEC COIIIICt) told 1m 011 ---(d.ale) that no DEC approval~ or permiu wae required 011 dais project. ---b.ou.r. ____________________________________________ __ "c, .. ~; . Certification Statement The iDCcxn•• , h.t ._.is aueaacl ~-., tbe belc of my bowledp. I certify that the = .._ a 11 .. illl wilb.aacl will be c0Gduc:1Drl in a manner c:c:IIIIWeDt wi~ the Aluka :~clit1ve Director :f::<c.::i.cJ:I 1 9:~~ ~ 1'1.-e~~a&•ll• • 1 n rr ...... •• l:lr r ..... ,... .,._ W .......... , .. a IC:Ii9ilydll& will dirla.ly ._ -.co...a-• ,......, lllllllllil a,..... caaJiii-J d · s;,.,.,. LS CR 9lO. SabpMC. To complete your packet, pleMe attada your state permit appllcadoal and copl• of your feclenl permit appllc:adoas to tbla qu.doanaire. , ) SE P 1 0 1986 DEPMnMEi'-!T OF l#1 TUtUii... RESOUF'CE .~: ALASKA POWER AUTHORITY ~IVI~ION OF ~AND AND WATER M0NAGEMENT 360 1 CST .. PO BOX 7005 CEF<TIFIE:D I·I;,JL. ~' .~~,_ ...J RETURN F~ECEIPT F:E OttL;;Tr::D PHONE: 9 07-561 -·20 20 ,:11< FC'i.>Ji~J;; Alf·i': .. f. DCE:O '?01 E TUDOP ~:D t=·D BOX 'i 'i0861' ~E: WATER RIGHTS PERMIT ANCHORAGE. AK. 99519 L A·;" H .. :- ENCLOSED IS YOUR PERMIT TO APP ROPRIATE WATER. TH ~~ PERMIT ALL OWS YOU TO DEVELOP A WA TER SOUR·:~ AND WATER USE AS INDICATED; HO~~VER IT _IS NO ~ THE FINAL STEP IN OB TAINING YOUR WATE ~ RIGHTS • ONCE YOU HAVE ES fABLISHED YOUR WATER USE. IT 1S NECESSARY THA i YOU NOTirY OUR OFFICE IN ORDER T0 OBTAIN A PERMANENT WATER RIGH T: "CEF~T IF I Cti TE DF ;1F'F'Fi'C:Pi;: :1: f7~ T l ·:·~i " .. IF YOU Di~~ ILL. A !jELL . YDU t~ I i...i... NEED TO SUBMI~ A COPY OF TH[ DRIL~ERS LOG FO R THE WELL. · LE;::,;.;r~ F~E •-"iDVISED THf'~T UtJl~: ,.1FF'!~:iJVt1L :O DES i·~OT F:EL.IEVE YOU DF ·.·~·i E I~ESF'CJNSII;IL.ITY OF SECUfUNG o;·!··IEF~ F'Ef;:hiTS: Sl?',TE. FEDERAL .. OF · .. OCAL.. ~OR INFORMATION CONTACT:ALA SYA PERMIT INFORMATION CE NTER i;;·'-lC i·iDPt~GE. f.W. '7'950 1 PHO NE: 907-279-0254 PLEASE READ OVER YOUR PERMI T CAREFULLY AND NOTE THE EXPIRATION D,.:HE. IF YOU Pd_L.Ch·.l YOlm Pf.JU•i iT TO EXPIRE{.,[\!!) Ff:.::L. TO NPT IF Y iJ r.. YOUR CASE MAY BE S UBJECT TG ;E RMINATION WITHOUT FURTHER NOT ~f-~. IF YOU HtlVE ,:'=.NY Gii.IFSTIONS ~~POUT YI.:JIJf\ PEPr:rr OP t·MTEP r.nGHT S >·I GENERAL. PL E~SE CONTACT US .. SINCEF:EL Y. THOM(,,~· .J .. i·l~:;t~i< I i'·'.S'. OI ;~·r::~TDF: f. I\:' .. OF L.f:.!·!D t1I···!D ~·hYfEF' i·•if.l1''· .=?.Y': k}J !, '( r. k'. fJ Q_ a)'.~ \,__./ D F E: 0 iU:1 ; .. J I\ .. i· i!·:T ) { i) f.::F.: NATURAL RE~G U~CE GFFICER . : Jo..l!.':: .. iJSUF £. -r I •' ,- . =; ·r ~~ ·r r: 1J r· .-:-~ 1.. . .-::1 s· :< f~·, DEPAR1.MENT o~· NATURAL ~ES OURCE: D :tV :1. S :r Dr·~ \ :•F L(.\r,;:O ttt·~D t·J;~. TEF.: r'iAI·-11~;; EhE NT F'EPr•: IT fCt APPROPRIATE WATER THE STf':1TE OF t~L.~~·~Si<t1 UNDEf~ {:1S 4i; ,. 15, THE t~L.t1SIU, \~,lf:1TEF USE ACT . AND THE I~EGULr=~TIONS ~~·DDPTED UNDE I:;; IT. Gi~:rC)i'!TS TD : THE RIGhT TO DEVELOP THE USE OF WATE R FROM THE FOLLOWING SOURCE : A) STREAM OR RIVER WITH A PR!ORITY DAl "E OF 0~/12/198 5 750.0 CUBIC FT/SEC FOR HYDRO POW GE0 .H1 N 0 i THF:U DEC 3 ·i B) STREAM OR RIVER WITH A PRIORITY DATE OF 041~2/198 ~ 100.0 CUBIC FT/SEC FOR HYDRO POW GEN JAN 01 THRU DEC 3: C) LAKE OR OUTLET Wil"H A PRIORITY DATE OF 04/i 2/~9P ~ 248.0 CUBIC FT/SEC FD F< HY:OWJ PCH·j ·~·Er-i JAN 0i T~RU DEC 3~ T~~ ~OCATION TO WHIC~1 THIS WATE ~ ~IGHT APPERTAINS IS : A POWERHOUSE I_OCATED WITHIN NF1 1 4NW1/4 0~ UNSURV EY ED SECfiON 2. TUI.JNSHif' ::: .'~Cit.!TH. Pt.NGE 1 0 WES'f . .:;·rl•Jf..lF:J> hER I D I tri'-1 _ THE L.OCtlTION DF THE (;..liYfET' :":.'(JUPCF :u.·: (t'~) TH!'~f r:·r:tF('fTON OF I<l; .. !-'JDLE'o; L.;~I<F i .. Ocr,TE:O iJ.!.TH:tl··! ::.·r::'i/4,<;1,1~/4 UF UN :··1;:<···· \•'EYE"I:· .::EC TIOhl ::! . J'OIJNSHIF' ~-: S •J !JTH. hM~GE S) ~.!Es·;-.. ~Tt.t,~.,F~r~ f'iFR T' •:.:i~'.!. .; I< "i T Ht1 T t:·ci:;:T I Di·-.1 ;)F T l ·iE: i'1 I :o :Oi .. E l · .:;F:I< OF .::lF\i~:OL.EY F' I \:'El~: l..C \~.~. T !=:D ; .. i I .,. i r N SE 1 / 4SE i / •I I)F ! lh!S UF:\!F Yt::D SE C-~ T ()!·.1 3 . TOi .. lNS'H I F' 5 SOI .. lT!·! .. \C! hlf:·1T i>i)i·:T:I:()I) DF TH!::: !·-'1..11<'-i GLJ ,(. U\L. ~-·U~.)L. L.oc·,·:d·'~:I:• ~.;TTi -ITi-.1 SF ·: l 4Nl:l : .t .,:: . Ht:: 1-· ,., ... ·,. L+ i.f,I _'-"'Ui=~·i;'F.:YCD SFc:· J 1.:n-! i":.·. TD\.-Ji.,I S i1.1:F·' ':> ~;OUTH. ;;;:.-::1r,~1:;E:: E: i,.jESl. ,';.'EI.;,:'.f-(0 hEF' I}) I ,:.-,r-.:. i•it,XJi'iUh P?:TF: OF [•! VFF:SIDr! (.Y! THE FU~JEJ~HOUSE St·H1L.L. HOT ,·."J · 1·:1i·.tY i ~ f'li[i-..; T l r'iF . .. . ' . . - ) r-cr::!·i I T TD i'1PPf::OPf•: J ,::, TE ~·li: TEF: LAS 2836 CHANGES IN THE NATURAL STATE OF WATER ARE TO BE MADE IN THE MANNER AND ONLY ~0R THE PURPOSES STATED IN THIS PERMIT. THIS PERMIT IS SUBJECr TO THE PERTINENT STATUTORY PROVISIONS IN AS 46.15, ADMINISTRATIVE REGULATIONS IN ii AAC 93. AND THE FOLLOW IN G CONDITIONS: THE HOLDER OF THIS PERMIT SHALL: FOLLOW ACCEPTABLE ENGINEERING STANDARDS IN EXERCISING THE PRIVILEGE G r~t1;\!·rE D B't" T t·i I~-~· F·E~F.~f'i I 1· .. DEFEND AND INDEMNIFY THE STArE AGAINSl. AND HOLD IT HARMLESS FROM AN Y AND ALL. CLAIMS, DEMANDS. LEGAL AC TIONS , LOSS . LIABILITY AND EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO OR LOSS OF PROPERTY ARISING OUT OF OR CONNECTED WITH THE EXERCISE 0~ THE PRIVILEGE GRANTED BY THIS PERMIT. COMPLY WITH ALL APPLICABLE LAWS. REGULA Tl ONS AND CONDITIONS. NOTIFY THE DIVISION OF LAND AND WATER MANAGEMENT. DEPARTMENT OF NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR TRANSFER OF ANY REAL PRUPERTY IDENTIFIED IN THIS DOCUMENT. ESTAB!.ISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT RECORDS TO THE DIVISION ON A QUARTERL Y BASIS. PER AS 46.03.050 ANY DISCHARGE TO STATE WATERS MADE SUBS EQU ENT TO THESE WATER APPROPRI- ATIONS SHALL COMPLY WITH THE ALASKA WA TER QUALITY STANDARDS. THIS MAY REQUIRE THE INSTALLATION AND MAINTEN AN CE OF SETl"LING PONDS OR SIMILAR SYSTEMS TO RED~JCE TURBIDITY AND SETTLEABLE SOLIDS IN THE DISCHr-~F:GES. (1 hJrO:d[i;: I~:IGiifS C;EF(rJFlC(lTE UF ;=4PF'f::cP:~::U;'i".[d f',t !.HLL NOT :8E TSSUE:O BEFORE DESIGN. CJt!STRUCTION. OPERATION AN D MAINTENANCE SCHEDULE OF f-4L.L. I),::,Jis i"~SSDCifYi"ED i.<iiTH THIS PhO •. IFCT Hrt.1VE BEEN ~-~~F'Pi~t)VE:O B'{ THE DEPARTMENT OF ~ATURAL RESOURCES. PER AS 46.15.100 AND AS 46.15.14? FAILURE TO RESPOND TO ANY REQUEST FOR ADDITIONAL I~fORMATION Dli~ING fHE Dl.n::tiTim·.i C"IF "iT!JS PEF:rHT r·hYY F.'ESULT ·rr·! THE ·rt.i~:rfff'.lf.H:fL:i'·! OF "I H.r :-: PEF~h IT .. u::r;r:-: .. Y I.JITH ::4L.! ... i·:lF'I~·t.:::t.::r .. r.-:u.:: L(\1.!-LS'. I~J::r::i il. ;Yi ·; ;)i,iS'. i~iN D ·;·I·!E I.::.L"r{OJTiCt'·:;::: FOi .1!··1H IU COtiSTM .. ?O•·!E CtJNS:i:STENC::Y l)E"fL h~:···i·;N{:,TIOr·.! i\10 ,. td<f5i 2·~~;; ..... ;.~r: •. t:,DHEf::E TO i'01 ... L. t.F: T J CL.ES . CONI\ J T IONS.. ST 1 ~··t.JLf', T I i"Ji\1 ',' . S'FTT I ... E.iviti,'T S . · ·1 T r:"4 C II ;"'EN .. , 5' ,•; N :0 EX H T E: I T S {l S S 0 C l tc; ·1 [ i! l,J J T ; 1 T i ! ~:: J S S i.J AN C E (: F :· H ~·: . FF~C I ... I CFNS'L F'F~OJF::CT :•:l.:.~:? ·! . I_,Ji-' T CH D T Fi:F C \! · h'E !. r.TE.S T(\ THE DF\iEi ... DF·r'iENT ;:!i,!D U.\'E ' . .'tr !·.lt,TFF: ,;~.· E:.\' t M:~ l :· l--f .· r Hi::;J; __ IGH Ti·! T s: F'L ,·.;,··1 J r .. t•·r,c. E .. . ... ,.J' • PEt::hi T TD APPROPRIATE WATE R ' .... <."' L. (-! •• > MAINTAIN THE FOLLOWING INSTREAM FLOWS AS MEASURED AT THE USGS CAGE NO. 15239070 NEAR RIFFLE REACH IN THE LOWER BRADLEY RIVER: MAY 1-SEP 15 ~00CFS SEP 15-0CT 31 50CFS NOV i-APR 30 40CFS THESE FLOWS MAY BE TEMPORARILY MODIFIED, IF REQUIRED FOR EMERGENCY PURPOSES. AS AUTHORIZED BY THE DEPARTMENT OF NATURAL RESOURCES <HEREAFTER REFFERRED TO AS "DNR"). MONITOR STRE~M FLOWS AT THE FOLLOWING STRUCTURES AND OUTLETS: A> MIDDLE FORK. BRADLEY RIVER B1 NUKA GLACIAL POOL D) USGS GAGE NO . 152J9070 . INVESTIGATE POTENTIAL ICE ACCUMULATION PROBL EMS ASSOCIATED W!TH FRESHWATER TA ILRACE DISCHARGES INTO KACHEMAK BAY. UPON COMPLETION, THE FINDING OF SUCH INVESTIGATIONS WILL BE REPORTED TO DNR. IF ADVERSE ICING CONDITIONS IN KACHEMAK BAY OCCUR AS A DIRECT RESULT OF TAILRACE DISCHARGES, THEN DNR WILL IMPOSE ADDITIONAL PERMIT STIPULATIONS REQUIRING THE AK POWER AUTHORITY TO DESIGN MITIGATION MEASURES ACCEPTABLE TO DNR. ·VE RAGE ANNUAL FLOWS NECES SARY TO GENERATE POWER SHALL NOT EXCEED 50 CFS AS MEASURED AT THE MAIN DAM; AND THE MAXIMUM RATE OF DIVERSION SHALL NOT EXCEED 2,000 CFS AT ANY GIVEN TI ME AS MEASURED AT THE POWERHOUSE. CONTINUOUS DAILY FLOW DATA RECORDS SHALL BE COMPILED AND AVERAGED PER MONTH AND SUBMITTED TO THE DIVISION OF LAND AND WATER MANAGE-· MENT (HEREAFTER REFFERRED TO AS "DLWMn) ON A BI-ANNUAL BASIS. PRUVIDE DLWM PERSONNEL TRANSPORTATION FRO M HOMER. ALASKA TO THE DAMSITE TO CONDUCT FIELD INVESTIGAT IO~S AS WARRANTED. PROVIDE DLWM WITH A SCHEDULE OF FER C DAM SAFETY INSPECTIONS. AND SHA LL CONTACT DLWM AT LEAST 30 lJOR ~IN G DAY S PRIOR TO ALL SCHEDULED INSPECTIONS. PROVIDE DL.WM WITH COMPLETE FERC DAM SAFETY INVESTIGA1"ION REPORT~ FCR EA(H INSPECTIG N_ ,:-. v:w:..:YfiDN DF tdn' COf~DJTIUi-··! UF T HI S F·Et::i'ii"f . i'·~;Yt !;:ES;!L_·i Ii'o! THL "f[h~hlNf.,TlOi'..J C)F TH!:" h~ICHTS t •. '~'SDCJ.{;T[D i.JITH THJ.S r~,r:·r:.r:~UF'f~It,TIO!.~ .. . -: .. ) F'Ei~:i·'i IT TC! APPROPRIATE WATE R 2836 THIS PERMIT SHALL EXPIRE ON 04/12/1995 , ! .• ; -,', M . I 1 . ..! I··) .. ·d . .!r· r\ A I ·:. .'1!-l ~ .... ; .; ,:. • c:. 1 ·-· f r11.. ·< ... I T ...! • ~ _ TI-'I , .. 1-·E·t··· ·r·1· ....... •' F'l .. 'l··,· .. r,,-,1 -..···r· I'~ ·T·r·R·· ·r"' l ..... ?j, .... ,, BY ~ .... ~. .. --.. , ...... , f"F' ~S 46.15.080 AND 11 AAC 93.120 ON----------_______________ ,19.~ -1 ~ 4 1 . o_. /:.PF'F<OVED : ............................... !J~ .............................................................. . TITLE : DIVISION OF LAND AND WATER MANAGEMENT STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND P.O. Box 107005 Anchorage, Alaska 99510-7005 TIDELAND LEASE AGREEMENT ADL No. 222657 Effective this lOth day of January, 1994, this tideland lease agreement is entered into by the State of Alaska, hereafter referred to as "lessor" and Alaska Energy Authority, hereafter referred to as "lessee", whether one or more, whose sole addresses for purposes of notification under this agreement are listed in section 27. The lessor and the lessee agree that this lease, including all attachments and documents which by reference are incorporated in this lease, contains the entire agreement between the parties and each of the covenants and conditions in this lease and any attachments will be binding upon themselves and upon their respective successors and assigns. The lessor and the lessee further agree that this lease is conditioned upon satisfactory performance by the lessor and the lessee of all covenants and conditions contained herein. The lessee is aware of the provisions of Title 38, Alaska Statutes, Title 11, Alaska Administrative Code, and other applicable laws, regulations, and ordinances, and fully understands the duties and obligations of the lessee under this lease, and the rights and remedies of the lessor. This lease is subject to all applicable state and federal statutes and regulations in effect on the effective date of this lease, and insofar as is constitutionally permissible, to all statutes and regulations placed in effect after the effective date of this lease. A reference to a statute or regulation in this lease includes any change in that statute or regulation whether by amendment, repeal and replacement, or other means. This lease does not limit the power of the State of Alaska or the United States of America to enact and enforce legislation or to promulgate and enforce regulations affecting, directly or indirectly, the activities of the lessee or its agents in -mection with this lease or the value of the interest held under this lease. In case of conflicting provisions, .utes and regulations take precedence over this lease. 1. Grant. This lease is issued under the authority of AS 38.05.810(a), for a term of 55 year(s) beginning on the lOth day of January, 1994, and ending at 12 o'clock midnight on the 9th day of January, 2049, unless sooner terminated, subject to: compensation as specified in item 2, and the attached development plan, and special stipulations, if any, which are incorporated in and made a part of this agreement, for the following: See Appendix A Excepting and reserving, all rights not expressly granted to the lessee by this lease, which nre in addition to any general reservations to the lessor which are required by law and which may be ~tated elsewhere in this lease, and the following, which the state reserves for itself and others: Subject to additional stipulations set forth in Appendix B 2. Compensation NIA. (a) The lessee shall pay to the lessor compensation as follows, without the necessity of any billing by the lessor: NIA. The lessor may, upon 10 days' notice, review and copy any records of the lessee that are necessary to verify the lessee's compliance with this paragraph. (b) NIA. In accordance with AS 38.05.105, the lease compensation is subject to adjustment by the lessor at the commencement of the sixth year of the term and every fifth year thereafter (the "adjustment date"). The compensation adjustment takes effect on the applicable adjustment date, regardless of whether the adjustment determination occurs before or after that date. All reasonable costs of the adjustment, including reappraisal if required by the lessor, will be borne by the lessee. 111 (Revision date 3/23/93) .:tdley Lake Hydro Electric Project Tideland Lease, ADL 222657 3. Denial of Warranty. The lessor makes no warranty, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the leasehold, to include, without limitation, the soil conditions, water drainage, access, natural or artificial hazards which may exist, or the profitability or fitness of the parcel for any use. 4. Use of Leasehold. Any use or development of the leasehold must be consistent with the development plan approved by the lessor. Lessee's failure to comply with the approved development plan may result in legal action deemed appropriate by the lessor, including termination of this agreement. Any revisions to the development plan must be submitted to the lessor for approval before any change in use or development occurs. The lessee shall use and occupy the leasehold in compliance with the approved development plan and all applicable laws, regulations, ordinances, and orders which a public authority has promulgated or may promulgate, including those of a building or zoning authority and those relating to pollution and sanitation control. The lessee may not permit any unlawful occupation, business, or trade to be conducted on the leasehold. The lessee shall properly locate all activities and improvements on the leasehold, and may not commit waste of the parcel. The lessee shall maintain the leasehold in a reasonably neat and clean condition, and shall take all necessary precautions to prevent or suppress grass, brush, or forest fires, and to prevent erosion or destruction of the land. Lessee agrees that it will not construct any aboveground or underground fuel or chemical tanks on the leasehold without the written consent of the lessor. 5. Encumbrance of Leasehold. The lessee may not encumber or cloud the lessor's title to the leasehold, or any portion of the leasehold, nor enter into any lease, easement, or other obligation of the lessor's title without the prior written consent of the lessor. Any such act or omission, undertaken without the prior written consent of the lessor, will be void against the lessor. 6. Assignment of Interest. The lessee may not assign or sublet any interest held under this lease, including a security interest, without the prior written approval of the lessor. The lessor may approve such assignment or subletting if the lessor finds it to be in the best interest of the state. No such assignment or subletting will be effective until approved by the lessor in writing, and the assignee agrees to be subject to and governed by the provisions of this lease, any subsequent amendments to this lease, any additional stipulations, or reappraisal as deemed appropriate by the lessor, and all applicable laws, regulations, and ordinances in the same manner as the original lessee. No assignment or subletting of the leasehold, or any portion thereof, by the lessee will annul the lessee's obligation to pay the compensation required for the full term of this lease. Except as provided in this lease, no subdivision of the leasehold interest may occur without the written approval of the lessor. 7. Conditional Lease. If all or part of the leasehold has been tentatively approved, or approved, but not yet patented, by the United States to the lessor, then this lease will be conditioned upon receipt by the lessor of such patent. If for any reason the lessor does not receive patent, any compensation paid to the lessor under this lease will not be refunded. Any prepaid compensation for lands to which patent is denied the lessor will be refunded to the lessee of record in the amount of the prorata portion of the unexpired term. The lessor will have no further liability to the lessee for the termination of the lease. 8. Payment of Taxes and Assessments. The lessee shall pay all taxes and assessments accruing against the leasehold. 9. Section Line Rights-of-Way. In the event that the leasehold borders or includes one or more section lines, the lessor hereby expressly reserves unto itself and its successors and assigns a right-of-way, or rights-of-way pursuant to AS 19.10.010. 10-111 (Revision date 3/23/93) 2 Bradley Lake Hydro Electric Project Tideland Lease, ADL 222657 10. Navigable and Public Waters. (a) Pursuant to AS 38.05.127 and 11 AAC 53.3~Q, the lessor reserves a public access easement to and along all public or navigable waterbodies listed in this lease that are bordering on or included in this parcel. No public access easement may be obstructed or otherwise rendered incapable of reasonable use for the purposes for which it was reserved. No puhlic access easement may be vacated, abandoned, or extinguished without approval of the lessor. (b) The Public Trust Doctrine guarantees public access to, and the public right to use navigable and public waters and the land beneath them for navigation, commerce, fishing and other purposes. This lease is issued subject to the principles of the Public Trust Doctrine regarding navigable or public waters. The state reserves the right to grant other interests to the leasehold consistent with the Public Trust Doctrine. 11. Condemnation of Leasehold or Improvements. If the whole or any part of the leasehold is taken by any authorized body or person vested with the power of eminent domain, by negotiation, court action, or otherwise, the following provisions control: (a) Taking of the entire leasehold. If all of the leasehold is taken by condemnation, the terms of the Lease and all rights of the lessee will immediately terminate, and the compensation must be adjusted so that it is due only until the date the lessee is required to surrender possession of the leasehold. The lessor is entitled to all the condemnation proceeds, except that the lessee will be paid the portion of the proceeds attributable to the fair market value, as determined in the condemnation proceedings, of the buildings or improvements placed on the condemned leasehold by the lessee. (b) Taking of substantial part of the leasehold. If the taking is of a substantial part of the leasehold, the following rules apply: (1) If the taking by condemnation reduces the ground area of the leasehold by at least 30 percent or materially affects the use being made by the lessee of the leasehold, the lessee has the right to elect to terminate or not to terminate the lease by written notice to the lessor not later than 180 days after the date of taking. (2) If the lessee elects to terminate, the provisions in (a) of this subsection ,~overn the condemned portion of the leasehold and the terms of the lease govern disposal of the remainder of any buildings or improvements made by the lessee. (3) If the lessee elects not to terminate, the lease continues and the lessor is entitled to the full condemnation proceeds except the portion attributable to the fair market value, as determined in the condemnation proceedings, of the buildings or improvements placed on the condemned portion of the leasehold by the lessee. Compensation at the existing rate will terminah• on the date of taking. Except as it may be adjusted from time to time under the terms of the lease and applicable statutes, compensation for the balance of the term will be adjusted by the lf'ssor to reflect the taking. (c) Taking of insubstantial part of leasehold. If the taking by condemnation reduces the ground area of the leasehold by less than 30 percent and the lessor determines that the taking is of such an insubstantial portion that the lessee's use of the leasehold is not materially affected, the provisions of (b)(3) of this subsection will govern. 12. Valid Existing Rights. This lease is subject to all valid existing rights, including easements, rights-of-way, reservations, or other interests in land in existence on the date of execution of this lease. 13. Inspection. The lessor will have reasonable access to the leasehold for purposes of inspection. )-111 (Revision date 3/23/93) 3 .adley Lake Hydro Electric Project Tideland Lease, ADL 222657 14. Mineral Reservations. This lease is subject to the reservations required by AS 38.05.125 and the rights and obligations imposed by AS 38.05.130. 15. Concurrent Use. This lease is subject to reasonable concurrent uses as provided under Article VIII Section 8 of the Constitution of the State of Alaska. The party at fault for damage or injury arising from noncompliance with the terms governing concurrent use shall be liable for damages and its interest is subject to forfeiture. 16. Surface Resources. Unless otherwise provided by this lease, the lessee may not sell or remove from the leasehold any timber, stone, gravel, peatmoss, topsoil, or any other material valuable for building or commercial purposes. Material required for the development of the leasehold may be used only in compliance with the approved development plan. 17. Appropriation or Disturbance of Waters. During the term of this lease, the lessee will have the right to apply for an appropriation of ground or surface water on the leasehold in accordance with AS 46.15 and 11 AAC 93.060. 18. Acquisition of Rimts or Interests. Any right or interest acquired during the term of this lease and accruing to the benefit of the leasehold will remain appurtenant to the leasehold, and may not be severed or transferred from the leasehold without the prior consent of the lessor. In the event of termination or forfeiture of this lease, any such right or interest will vest with the lessor. 19. Waiver or Forbearance. The receipt of compensation by the lessor, with or without knowledge of any breach or default on the part of the lessee, is not a waiver of any provision of this lease. No failure on the part of the lessor to enforce a condition or covenant of this lease, nor the waiver of any right under this lease by the lessor, unless in writing, will discharge or invalidate the application of such condition or covenant. No forbearance or written waiver affects the right of the lessor to enforce any term or covenant in the event of any subsequent breach or default. 20. Breach and Remedies. (a) If the lessee breaches the performance of any of the terms, covenants, conditions or stipulations of this lease, and the breach is not remedied within 60 days after written notice of such breach has been received by the lessee and the holder of a security interest in the leasehold approved by the lessor, or within any additional period the lessor allows for good cause, the lessee will be subject to legal action deemed appropriate by the lessor, including termination of this lease. No improvements may be removed from the leasehold while the lease is in breach except with lessor's prior written approval. If this lease is terminated for breach of any of the covenants or conditions of this lease, all compensation paid by the lessee is forfeited to the lessor. The lessor is not liable for any expenditures made or undertaken by the lessee under this lease. (b) If the lessee fails to cure or remedy the breach or default within the time allowed in (a) of this section, the holder of an approved security interest who has received notice under (a) of this section may cure or remedy the breach or default. The holder shall act within 60 days from the date of receipt of notice under (a) of this section, or within any additional period the lessor allows for good cause. (c) If this lease is terminated, or all or any portion of the leasehold is abandoned by the lessee, the lessor may immediately enter [or re-enter} and take possession of the leasehold, and without liability for any damage, remove all persons and property from the leasehold either by summary proceedings or by suitable action at law. Any entry or [re-entry,] possession by the lessor, whether taken by summary proceedings or otherwise, does not absolve, relieve, release or discharge the lessee, either in whole or part, of any liability under the lease. 10-111 (Revision date 3/23/93) 4 Bradley Lake Hydro Electric Project Tideland Lease, ADL 222657 21. Disposition of Improvements and Chattels Mter Termination. AS 38.05.090 will govern disposition of any state-approved chattels or improvements left on the leasehoid after. termination. At the lessor's sole option, improvements not approved by the lessor shall be removed from the leasehold and the site restored to its original condition at the lessee's sole expense or be forfeited to the lessor. 22. Indemnity to Lessor. The lessee shall indemnify, defend and hold the lessor harmless from and against all claims, demands, judgments, damages, liabilities, penalties, and costs, including attorney's fees, for loss or damage, including but not limited to property damage, personal injury, wrongful death, and wage, employment or worker's compensation claims, arising out of or in connection with the use or occupancy of the leasehold by the lessee or by any other person holding under the lessee, or at the lessee's sufferance or invitation; and from any accident or fire on the leasehold; and from any nuisance made or suffered thereon; and from any failure by the lessee to keep the leasehold in a safe and lawful condition consistent with applicable laws, regulations, ordinances, or orders; and from any assignment, sublease, or conveyance, attempted or successful, by the lessee of all or any portion of the leasehold or interest therein contrary to the conditions and covenants of this lease. The lessee will hold all goods, materials, furniture, fixtures, equipment, machinery and other property whatsoever on the parcel at the sole risk of the lessee, and will save the lessor harmless from any claim of loss or damage by any cause whatsoever, including claims by third parties. 23. Insurance. If required by the lessor, the lessee shall obtain insurance in an amount determined by the lessor to be sufficient. The lessor shall be named as an additional insured party of any such insurance. The types and amount of insurance shall be specified in the special stipulations made a part of this lease agreement and may be adjusted periodically. The lessee shall maintain that insurance as long as required by the lessor. Any insurance acquired by the lessee for the purpose of providing insurance coverage under this lease must be issued by an insurer authorized to do business in the state of Alaska under the provisions of AS 21.09.010 and AS 21.27.010 for the type of policy being written. 24. Bonding. If required by the lessor, the lessee shall furnish, prior to issuance of this lease, a bond, cash deposit, certificate of deposit, or other form of security acceptable to the lessor in an amount determined by the lessor to be sufficient to ensure faithful performance of the terms and conditions of this lease, and to cover the cost of site cleanup and restoration and any associated costs. The amount and conditions of the bond shall be specified in the special stipulations made a part of this lease agreement. The lessee shall maintain the bond as long as the lessor deems necessary, and in an amount required by the lessor, which amount may be adjusted periodically. 25. Environmental Compliance. The lessee shall, at the lessee's own expense, comply with all existing and hereafter enacted environmental responsibility laws. ("Environmental Laws"). The lessee shall, at the lessee's own expense, make all submissions to, provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the Environmental Laws. Should the Authority require that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges of or contamination by hazardous materials at the leasehold that occur during the term of this lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease, then the lessee shall, at the lessee's own expense, prepare and submit the required plans and financial assurances and carry out the approved plans. The lessee's obligations under this section shall arise if there is any event or occurrence at the leasehold during the term of this lease or arising out of or in connection with the lessee's use or occupancy of the land described in section 1 of this lease, that requires compliance with the Environmental Laws. )-111 (Revision date 3/23/93) 5 . adley Lake Hydro Electric Project Tideland Lease, ADL 222657 At no expense to the lessor, the lessee shall promptly provide all information requested by the lessor for preparation of affidavits or other documents required by the lessor to determine the applicability of the Environmental Laws to the leasehold, and shall sign the affidavits promptly when requested to do so by the lessor. The lessee shall indemnify, defend, and hold harmless the lessor from all fines, suits, procedures, claims, liabilities, and actions of any kind arising out of or in any way connected with any spills or discharges of or contamination by hazardous materials at the leasehold that occur during the term of the lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease; and from all fines, suits, procedures, claims, liabilities, and actions of any kind arising out of lessee's failure to provide all information, make all submissions, and take all steps required by the Authority under the Environmental Laws or any other law concerning any spills or discharges or contamination that occur during the term of this lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease. The lessee agrees that it will not discharge or dispose of or suffer the discharge or disposal of any petroleum products, gasoline, hazardous chemicals or hazardous materials upon the leasehold. In any court action or administrative proceeding it shall be rebuttably presumed that any environmental contamination of the leasehold (i) has been released on the leasehold; (ii) has resulted from acts or omissions of lessee or its agents; and (iii) has occurred during the term of this lease. The lessee has the burden of rebutting the presumptions by clear and convincing evidence. This section of this lease does not in any way alter the State of Alaska's powers and rights or the lessee's duties and liabilities under Title 46 (or its successor) of the Alaska Statutes or other state or federal statutes. For example, notwithstanding the provisions of this lease, the State of Alaska shall not be precluded from claiming under AS 46.03.822 that the lessee is strictly liable, jointly and severally, for damages and costs incurred by the state for clean up of contamination on the leasehold. As used in this lease, the term "hazardous material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of Alaska, or the United States government. 26. Surrender of Leasehold. Upon the expiration, termination or cancellation of this lease the lessee shall leave and deliver up all of the leasehold in good, sanitary, and marketable condition, order, and repair. 27. Notices. All notices or demands regarding this lease, made by either the lessor or the lessee, will be made by certified mail, postage prepaid, to the following addresses: To the Lessor: To the Lessee: Division of Land P.O. Box 107005 Anchorage, Alaska 99510-7005 ALASKA ENERGY AUTHORITY 480 W. TUDOR ROAD ANCHORAGE, ALASKA 99503-6690 Any notice or demand given to or made by the lessor or the lessee shall be in writing and shall be complete if sent by United States certified mail to the address shown above, or to such other address as each of the parties may designate in writing. A copy of any notice or demand shall be forwarded to each holder of a security interest in the leasehold approved by the lessor. 10-111 (Revision date 3/23/93) 6 Bradley Lake Hydro Electric Project "'ideland Lease, ADL 222657 28. NIA Service Charges. The lessee shall pay a service charge for any late payment or returned check issued by the lessee as follows: (a) Late Payment Penalty: A service charge plus annual interest (twice the interest rate charged on installment payments at the prevailing rate for real estate mortgage loans made by the Federal Land Bank for the farm credit district for Alaska) on the amount due will be charged on a past-due account until payment is received by the lessor or until the lease agreement termination date is reached. Acceptance of a late payment or of a service charge for a late payment is subject to the lessor's rights under items 20 and 21 of this lease. (b) Returned Check Penalty: A service charge will be assessed for any check on which the bank refuses payment. If the bank refuses payment, the default termination date remains the same. Late penalties under (a) of this section shall continue to accumulate. 29. Modification. This lease may be modified or amended only by a document signed by both parties. Any purported amendment or modification has no legal effect until placed in writing and signed by both parties. 30. Severability of Clauses of Lease Agreement. If any clause or provisiOn of this lease is finally determined illegal, invalid, or unenforceable under present or future laws, then the lessor and lessee agree that the remainder of this lease will not be affected, and in lieu of each clause or provision of this lease that is illegal, invalid, or unenforceable, there will be added as a part of this lease a clause or provision as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible, legal, valid, and enforceable . . -111 (Revision date 3/23/93) 7 adley Lake Hydro Electric Project J.ideland Lease, ADL 222657 By signing this Lease, the State of Alaska as Lessor and the Lessee agree to be bound by its provisions. STATE OF ALASKA ) ) ss. 'Third Judicial District ) THIS IS TO CERTIFY THAT ON THIS personally appeared \JJ U1JJ'/)A,__, R -5 N.U I I ~ v· ·n ):· r\_// ' ' 1\ I 0~ day of ~rw c, "'( , !9C,<f , before me , known to me o be the person named and who stgned the foregoi::lg Lease and acknowledged voluntarily signing the same . STATE OF ALASKA ) ) ss. Third Judicial District ) . ' n I ·~ CL 0fl. I.\ I f"L/'· N<(tlary Public in-·and f~.J{ t.he.:St~te~Q(~ka My commission expires: APRIL 22. 12'14 THIS IS TO CElff.IFf THAT ON THIS l \ ~ day of ]CVV\.~ , 193!f_, before me personally appeared ~ ~,.(.~c\ L e. k b .J" ~ , of the Division of Land of the Department of Natural Resources of the State of Alaska, who executed the foregoing Lease and acknowledged voluntarily signing the same. ~(.(~~ Notary Public in and for the State of Alaska My commission expires: My Commftsfon Expires: f::ebruary12, 19.97 . I 10-111 (Revision date 3/23/93) 8 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY TIDELAND LEASE AGREEMENT ADL222657 Alaska Tideland Survey No. 1418: Tract A Tract B Containing a total of 15.76 acres, more or less. ACRES: 11.51 4.25 According to Alaska Tideland Survey No. 1418 within Section 3, Township 5 South, Range 10 West, Seward Meridian, Alaska; approved on June 17, 1992, and Recorded as Plat No. 92-29, Homer Recording District. Page 1 of6 ADDITIONAL STIPULATIONS ALASKA ENERGY AUTHORITY TIDELAND LEASE AGREEMENT ADL222657 DEFINITIONS 1. Division of Land is referred to hereinafter as DL. 2. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as AEA. 3. 11 DL Regional Manager (RM)" means the Southcentral Regional Manager of the Division of Land (DL), or a person delegated to exercise that authority. 4. 11 DL Field Representative (DLFR)" means the 11 0n-site" representative of the RM who has been delegated the authority as contained in these special stipulations. 5. "Alaska Energy Authority Authorized Officer (AEAAO)" means the person designated by the AEA to coordinate activities with other federal, state and local agencies, as well as the AEA's contractors. 6. "Project Areau means the state lands generally depicted in Alaska Tideland Survey No. 1418." GENERAL STIPULATIONS 7. Mitigation Plan AEA shall comply with all measures as agreed to in the Bradley Lake Hydoelectric Project FERC Mitigation Plan, dated November, 1985, including any future changes. 8. AEA to inform agents. a. AEA shall inform and ensure compliance with these stipulations by its agents, employees, and contractors (including subcontractors at any level). Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 AppendixB Page 2 of6 b. AEA may regulate public access within the project area as required to facilitate operations and protect the public. 9. Federal, State and Local Laws and Regulations. AEA shall comply with all applicable federal, state, and local laws and regulations thereunder, existing or hereafter adopted, affecting in any manner, construction, operation or maintenance of the project. 10. AEA liability. AEA, its agents, contractors and subcontractors shall be liable to the State of Alaska for any liabilities, damages, injuries, cost or expense incurred by the State of Alaska which in any way arises from or is connected with any field activities, whenever such liability, damage, injury, cost or expense results from any breach of the terms or conditions associated with this Tideland Lease, of from any wrongful or negligent act of the AEA, its officers, agents, employees, contractors, subcontractors or their personnel. SPECIFIC STIPULATIONS 11. Damage to land/Erosion control. a. Any structure, property or land harmed, damaged or destroyed by the AEA, its agents, contractors, subcontractors or their personnel during the construction, operation, or maintenance of the project shall be reconstructed, repaired, rehabilitated, and restored, as may be required by the DLFR so that the condition thereof, in the judgement of the DLFR, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. The AEA shall immediately cease activity and/or eliminate any condition existing or occurring with respect to construction, operation or maintenance which may cause harm, damage or destruction to any person, structure, land, stream, or wildlife. b. The lessee shall conduct all operations in a manner which will prevent unwarranted erosion. Any such erosion shall be repaired in a manner satisfactory to the Regional Manager. c. All activities shall be conducted in a manner to minimize disturbance to the surface-protecting vegetative mat. Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 Appendix B Page 3 of6 d. Mobile ground equipment and vehicles shall not be operated outside the boundaries of the project area except on approved access roads, or in protection oflife, limb or property, unless otherwise approved in writing by the Regional Manager, in advance. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. 12. Right of DL to Perform. If, after thirty days (or in an emergency, a reasonable shorter period), following a written demand by the RM, the AEA, its agents, contractors or subcontractors fail or refuse to perform any action required by this Tideland Lease or by the RM, DL shall have the right, but not the obligation, to perform any action required by this Tideland Lease or by the RM, at the sole expense of the AEA. Before delivery of a written demand, DL will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. 13. AEA Authorized Officer. AEA shall designate, and have available at all times during construction, operation, and maintenance activities, an Authorized Officer (AO), or the AO's designated representative, with authority to assure compliance with the Tideland Lease, and with the authority to modify or suspend any field activities. 14. Changes in Conditions. a. Unforeseen conditions arising during construction may make it necessary to revise or amend these special stipulations. In that event, the RM and the AEA will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DL Director shall have final authority to determine those revisions or amendments to be made. b. AEA shall notify and obtain approval from the DL at least 15 days in advance of any activities which deviate from these stipulations. Notification shall minimally consist of the date and the specific nature of the operation, the reasons why the operation is different, and a map showing the location of the operation. Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 AppendixB Page 4 of6 c. Any changes in the project from that as originally applied for or subsequent modifications will require the prior written approval of the RM. The RM reserves the discretionary authority to require a re-determination of the State's interests for any proposed changes. 15. Valid Existing Rights. This Tideland Lease, and the rights and privileges granted by it, is subject to all valid existing rights in and to the land which is the subject to this Tideland Lease and DL makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. 16. DL Transportation. The AEA will provide transportation for DNR personnel from Homer to the project site, including transportation on site and quarters (if overnight lodging is required), for field inspections of the project area. A field inspection may be conducted at the DL's discretion at least once every two years. Any deviation from the approved plans or this authorization may require additional field inspections. 17. New Construction. When the AEA intends significant new construction, and whenever requested by the DL, the AEA shall submit a schedule of its construction activities. During the course of construction, schedules shall be revised and updated, and re-submitted when major changes occur. A construction progress report shall be submitted as required by theDL. 18. Requests for Data. For purposes of information and review, DL at any time during normal business hours, may require the AEA to furnish data related to preconstruction, construction, maintenance, operation or termination activities undertaken in connection with the Bradley Lake Hydroelectric Project and related facilities. The AEA shall furnish the required data as soon as possible, or as otherwise required under the terms of this Tideland Lease. Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 AppendixB Page 5 of6 19. Antiquities and Historical Sites. The Alaska Historic Preservation Act (AS 41.35.000) prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archeological resources of the State. No historic site, archeological site, or camp, either active or abandoned, shall be disturbed in any manner, nor shall any item be removed therefrom. Should cultural or paleontological resources be discovered as a result of this activity, work which would disturb such resources shall be stopped, and the State Historic Preservation Office shall be contacted immediately. 20. Surveys. All survey monuments, witness corners, reference monuments, mining claim posts, bearing trees and unsurveyed lease corner posts shnll be protected against damage, destruction, or obliteration. Any damaged, destroyed or obliterated markers shall be re-established in accordance with accepted survey practices of the Cadastral Survey Section of the DL, Department of Natural Resources. 21. Fuel/Hazardous Materials and Solid Waste. a. All fuel, petroleum and other toxic products stored or utilized in the permit area shall be stored away from the nearest water body, and contained or confined in a manner which would prevent any spillage from entering an adjacent water body. Oil changes and fueling operations shall be conducted away from any water body. The AEA shall give immediate notice of any discharge of oil or other pollutants to the Department of Environmental Conservation, State of Alaska. b. The use of pesticides, herbicides or other toxicants is prohibited unless otherwise approved in writing by the Regional Manager, in consultation with the Department of Environmental Conservation, State of Alaska. c. Any use of explosives shall be done in strict conformance with applicable federal and state laws and regulations, including-but not limited to handling, transporting and storage of explos;•,iP,S. Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 AppendixB Page 6 of6 d. All waste generated during construction, operation, maintenance and termination activities under this Tideland Lease shall be removed or otherwise disposed of as required by state and federal law. Waste in this sub-paragraph means all discarded matter, including, but not limited to, human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and discarded equipment. e. Materials such as sorbent pads or booms shall be available onsite to contain and clean up any fuel spilled as a result of the facility's operation or equipment failure. 22. Inspection and Monitoring Access. State agencies, their employees and agents shall have a right of access and entry to the project area (including the subsurface of, and the air space above, such lands) for inspection or monitoring purposes and for any other purpose or reason that is consistent with any right or obligation of State agencies under any law or regulation, this Lease, or any other agreement, permit or authorization relating in whole or in part to all or any part of the project area. The right of access and entry shall extend to other persons as may be designated in writing by the RM. 23. Revocation, Termination or Abandonment. Upon revocation or termination of this Tideland Lease or abandonment of any section of the project area, AEA shall remove all improvements and/or restore the land to the satisfaction of DL. 24. Public Access Easement A public access easement 50 feet in width is reserved upland of mean high water as depicted on ATS 1418. 25. Use of gravel. Any gravel source located within the boundaries of this land shall be for the sole purpose of providing material for use within the boundaries of this land and in conformance with the lessee's development plan. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND P.O. Box 107005 Anchorage, Alaska 99510..7005 LEASE AGREEMENT ADL No. 222656 Effective this lOth day of January, 1994, this lease agreement is entered into by the State of Alaska, hereafter referred to as "lessor" and Alaska Energy Authority, hereafter referred to as "lessee", whether one or more, whose sole addresses for purposes of notification under this agreement are listed in section 27. The lessor and the lessee agree that this lease, including all attachments and documents which by reference are incorporated in this lease, contains the entire agreement between the parties and each of the covenants and conditions in this lease and any attachments will be binding upon themselves and upon their respective successors and assigns. The lessor and the lessee further agree that this lease is conditioned upon satisfactory performance by the lessor and the lessee of all covenants and conditions contained herein. The lessee is aware of the provisions of Title 38, Alaska Statutes, Title 11, Alaska Administrative Code, and other applicable laws, regulations, and ordinances, and fully understands the duties and obligations of the lessee under this lease, and the rights and remedies of the lessor. This lease is subject to all applicable state and federal statutes and regulations in effect on the effective date of this lease, and insofar as is constitutionally permissible, to all statutes and regulations placed in effect after the effective date of this lease. A reference to a statute or regulation in this lease includes any change in that statute or regulation whether by amendment, repeal and replacement, or other means. This lease does not limit the power of the State of Alaska or the United States of America to enact and enforce legislation or to promulgate and enforce regulations affecting, directly or indirectly, the activities of the lessee or its agents in connection with this lease or the value of the interest held under this lease. In case of conflicting provisions, statutes and regulations take precedence over this lease. 1 . .Grn.nt. This lease is issued under the authority of AS 38.05.810(a), for a term of 55 year(s) beginning on the lOth day of January, 1994, and ending at 12 o'clock midnight on the 9th day of January, 2049, unless sooner terminated, subject to: compensation as specified in item 2, and the attached development plan, and special stipulations, if any, which are incorporated in and made a part of this agreement, for the following: See Appendix A Before the land described below is included in this lease agreement, the requirements of AS 38.05.945 must be met. Subject to the above-referenced requirements, the following described land is included in this lease agreement upon the date of tentative approval for acquisition by the State of Alaska: See Appendix B All covenants, agreements, terms and conditions which by virtue of this Lease agreement are binding upon the land described in Appendix A are equally binding upon the land described in Appendix B, unless otherwise stated herein. Excepting and reserving, all rights not expressly granted to the lessee by this lease, which are in addition to any general reservations to the lessor which are required by law and which may be stated elsewhere in this lease, and the following, which the state reserves for itself and others: Subject to additional stipulations set forth in Appendix C 111 (Revision date 3/23/93) ~ Jradley Lake Hydro Electric Project Lease Agreement, ADL 222656 2. Compensation NIA. (a) The lessee shall pay to the lessor compensation as follows, without the necessity of any billing by the lessor: NIA. The lessor may, upon 10 days' notice, review and copy any records of the lessee that are necessary to verify the lessee's compliance with this paragraph. (b) NIA. In accordance with AS 38.05.105, the lease compensation is subject to adjustment by the lessor at the commencement of the sixth year of the term and every fifth year thereafter (the "adjustment date"). The compensation adjustment takes effect on the applicable adjustment date, regardless of whether the adjustment determination occurs before or after that date. All reasonable costs of the adjustment, including reappraisal if required by the lessor, will be borne by the lessee. 3. Denial of Warranty. The lessor makes no warranty, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the leasehold, to include, without limitation, the soil conditions, water drainage, access, natural or artificial hazards which may exist, or the profitability or fitness of the parcel for any use. 4. Use of Leasehold. Any use or development of the leasehold must be consistent with the development plan approved by the lessor. Lessee's failure to comply with the approved development plan may result in legal action deemed appropriate by the lessor, including termination of this agreement. Any revisions to the development plan must be submitted to the lessor for approval before any change in use or development occurs. The lessee shall use and occupy the leasehold in compliance with the approved development plan and all applicable laws, regulations, ordinances, and orders which a public authority has promulgated or may promulgate, including those of a building or zoning authority and those relating to pollution and sanitation control. The lessee may not permit any unlawful occupation, business, or trade to be conducted on the leasehold. The lessee shall properly locate all activities and improvements on the leasehold, and may not commit waste of the parcel. The lessee shall maintain the leasehold in a reasonably neat and clean condition, and shall take all necessary precautions to prevent or suppress grass, brush, or forest fires, and to prevent erosion or destruction of the land. Lessee agrees that it will not construct any aboveground or underground fuel or chemical tanks on the leasehold without the written consent of the lessor. 5. Encumbrance of Leasehold. The lessee may not encumber or cloud the lessor's title to the leasehold, or any portion of the leasehold, nor enter into any lease, easement, or other obligation of the lessor's title without the prior written consent of the lessor. Any such act or omission, undertaken without the prior written consent of the lessor, will be void against the lessor. 6. Assienment of Interest. The lessee may not assign or sublet any interest held under this lease, including a security interest, without the prior written approval of the lessor. The lessor may approve such assignment or subletting if the lessor finds it to be in the best interest of the state. No such assignment or subletting will be effective until approved by the lessor in writing, and the assignee agrees to be subject to and governed by the provisions of this lease, any subsequent amendments to this lease, any additional stipulations, or reappraisal as deemed appropriate by the lessor, and all applicable laws, regulations, and ordinances in the same manner as the original lessee. No assignment or subletting of the leasehold, or any portion thereof, by the lessee will annul the lessee's obligation to pay the compensation required for the full term of this lease. Except as provided in this lease, no subdivision of the leasehold interest may occur without the written approval of the lessor. 7. Conditional Lease. If all or part of the leasehold has been tentatively approved, or approved, but not yet patented, by the United States to the lessor, then this lease will be conditioned upon receipt by the lessor of such patent. If for any reason the lessor does not receive patent, any compensation paid to the lessor under this lease will not be refunded. Any prepaid compensation for lands to which patent is denied the lessor will be refunded to the lessee of record in the amount of the prorata portion of the unexpired term. The lessor will have no further liability to the lessee for the termination of the lease. 8. Payment of Taxes and Assessments. The lessee shall pay all taxes and assessments accruing 10-111 (Revision date 3/23/93) 2 Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 against the leasehold. 9. Section Line Ri~hts-of-Way. In the event that the leasehold borders or includes one or more section lines, the lessor hereby expressly reserves unto itself and its successors and assigns a right-of-way, or rights-of-way pursuant to AS 19.10.010. 10. Navigable and Public Waters. (a) Pursuant to AS 38.05.127 and 11 AAC 53.330, the lessor reserves a public access easement to and along all public or navigable waterbodies listed in this lease that are bordering on or included in this parcel. No public access easement may be obstructed or otherwise rendered incapable of reasonable use for the purposes for which it was reserved. No public access easement may be vacated, abandoned, or extinguished without approval of the lessor. (b) The Public Trust Doctrine guarantees public access to, and the public right to use navigable and public waters and the land beneath them for navigation, commerce, fishing and other purposes. This lease is issued subject to the principles of the Public Trust Doctrine regarding navigable or public waters. The state reserves the right to grant other interests to the leasehold consistent with the Public Trust Doctrine. 11. Condemnation of Leasehold or Improvements. If the whole or any part of the leasehold is taken by any authorized body or person vested with the power of eminent domain, by negotiation, court action, or otherwise, the following provisions control: (a) Taking of the entire leasehold. If all of the leasehold is taken by condemnation, the terms of the Lease and all rights of the lessee will immediately terminate, and the compensation must be adjusted so that it is due only until the date the lessee is required to surrender possession of the leasehold. The lessor is entitled to all the condemnation proceeds, except that the lessee will be paid the portion of the proceeds attributable to the fair market value, as determined in the condemnation proceedings, of the buildings or improvements placed on the condemned leasehold by the lessee. (b) Taking of substantial part of the leasehold. If the taking is of a substantial part of the leasehold, the following rules apply: (1) If the taking by condemnation reduces the ground area of the leasehold by at least 30 percent or materially affects the use being made by the lessee of the leasehold, the lessee has the right to elect to terminate or not to terminate the lease by written notice to the lessor not later than 180 days after the date of taking. (2) If the lessee elects to terminate, the provisions in (a) of this subsection govern the condemned portion of the leasehold and the terms of the lease govern disposal of the remainder of any buildings or improvements made by the lessee. (3) If the lessee elects not to terminate, the lease continues and the lessor is entitled to the full condemnation proceeds except the portion attributable to the fair market value, as determined in the condemnation proceedings, of the buildings or improvements placed on the condemned portion of the leasehold by the lessee. Compensation at the existing rate will terminate on the date of taking. Except as it may be adjusted from time to time under the terms of the lease and applicable statutes, compensation for the balance of the term will be adjusted by the lessor to reflect the taking. -111 (Revi:~inn date 3/23/93) 3 ~ 1radley Lake Hydro Electric Project Lease Agreement, ADL 222656 (c) Taking of insubstantial part of leasehold. If the taking by condemnation reduces the ground area of the leasehold by less than 30 percent and the lessor determines that the taking is of such an insubstantial portion that the lessee's use of the leasehold is not materially affected, the provisions of (b)(3) of this subsection will govern. 12. Valid Existin~: Ri~:hts. This lease is subject to all valid existing rights, including easements, rights-of-way, reservations, or other interests in land in existence on the date of execution of this lease. 13. Inspection. The lessor will have reasonable access to the leasehold for purposes of inspection. 14. Mineral Reservations. This lease is subject to the reservations required by AS 38.05.125 and the rights and obligations imposed by AS 38.05.130. 15. Concurrent Use. This lease is subject to reasonable concurrent uses as provided under Article VIII Section 8 of the Constitution of the State of Alaska. The party at fault for damage or injury arising from noncompliance with the terms governing concurrent use shall be liable for damages and its interest is subject to forfeiture. 16. Surface Resources. Unless otherwise provided by this lease, the lessee may not sell or remove from the leasehold any timber, stone, gravel, peatmoss, topsoil, or any other material valuable for building or commercial purposes. Material required for the development of the leasehold may be used only in compliance with the approved development plan. 17. Appropriation or Disturbance of Waters. During the term of this lease, the lessee will have the right to apply for an appropriation of ground or surface water on the leasehold in accordance with AS 46.15 and 11 AAC 93.060. 18. Acquisition of Rights or Interests. Any right or interest acquired during the term of this lease and accruing to the benefit of the leasehold will remain appurtenant to the leasehold, and may not be severed or transferred from the leasehold without the prior consent of the lessor. In the event of termination or forfeiture of this lease, any such right or interest will vest with the lessor. 19. Waiver or Forbearance. The receipt of compensation by the lessor, with or without knowledge of any breach or default on the part of the lessee, is not a waiver of any provision of this lease. No failure on the part of the lessor to enforce a condition or covenant of this lease, nor the waiver of any right under this lease by the lessor, unless in writing, will discharge or invalidate the application of such condition or covenant. No forbearance or written waiver affects the right of the lessor to enforce any term or covenant in the event of any subsequent breach or default. 20. Breach and Remedies. (a) If the lessee breaches the performance of any of the terms, covenants, conditions or stipulations of this lease, and the breach is not remedied within 60 days after written notice of such breach has been received by the lessee and the holder of a security interest in the leasehold approved by the lessor, or within any additional period the lessor allows for good cause, the lessee will be subject to legal action deemed appropriate by the lessor, including termination of this lease. No improvements may be removed from the leasehold while the lease is in breach except with lessor's prior written approval. If this lease is terminated for breach of any of the covenants or conditions of this lease, all compensation paid by the lessee is forfeited to the lessor. The lessor is not liable for any expenditures made or undertaken by the lessee under this lease. (b) If the lessee fails to cure or remedy the breach or default within the time allowed in (a) of this section, the holder of an approved security interest who has received notice under (a) of this section may cure or remedy the breach or default. The holder shall act within 60 days from the date of receipt of notice under (a) of this section, or within any additional period the lessor allows for good cause. 10-111 (Revision date 3/23/93) 4 Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 (c) If this lease is terminated, or all or any portion of the leasehold is abandoned by the lessee, the lessor may immediately enter [or re-enter] and take possession of the leasehold, and without liability for any damage, remove all persons and property from the leasehold either by summary proceedings or by suitable action at law. Any entry or [re-entry,] possession by the lessor, whether taken by summary proceedings or otherwise, does not absolve, relieve, release or discharge the lessee, either in whole or part, of any liability under the lease. 21. Disposition of Improvements and Chattels After Termination. AS 38.05.090 will govern disposition of any state-approved chattels or improvements left on the leasehold after termination. At the lessor's sole option, improvements not approved by the lessor shall be removed from the leasehold and the site restored to its original condition at the lessee's sole expense or be forfeited to the lessor. 22. Indemnity to Lessor. The lessee shall indemnify, defend and hold the lessor harmless from and against all claims, demands, judgments, damages, liabilities, penalties, and costs, including attorney's fees, for loss or damage, including but not limited to property damage, personal injury, wrongful death, and wage, employment or worker's compensation claims, arising out of or in connection with the use or occupancy of the leasehold by the lessee or by any other person holding under the lessee, or at the lessee's sufferance or invitation; and from any accident or fire on the leasehold; and from any nuisance made or suffered thereon; and from any failure by the lessee to keep the leasehold in a safe and lawful condition consistent with applicable laws, regulations, ordinances, or orders; and from any assignment, sublease, or conveyance, attempted or successful, by the lessee of all or any portion of the leasehold or interest therein contrary to the conditions and covenants of this lease. The lessee will hold all goods, materials, furniture, fixtures, equipment, machinery and other property whatsoever on the parcel at the sole risk of the lessee, and will save the lessor harmless from any claim of loss or damage by any cause whatsoever, including claims by third parties. 23. Insurance. If required by the lessor, the lessee shall obtain insurance in an amount determined by the lessor to be sufficient. The lessor shall be named as an additional insured party of any such insurance. The types and amount of insurance shall be specified in the special stipulations made a part of this lease agreement and may be adjusted periodically. The lessee shall maintain that insurance as long as required by the lessor. Any insurance acquired by the lessee for the purpose of providing insurance coverage under this lease must be issued by an insurer authorized to do business in the state of Alaska under the provisions of AS 21.09.010 and AS 21.27.010 for the type of policy being written. 24. Bonding. If required by the lessor, the lessee shall furnish, prior to issuance of this lease, a bond, cash deposit, certificate of deposit, or other form of security acceptable to the lessor in an amount determined by the lessor to be sufficient to ensure faithful performance of the terms and conditions of this lease, and to cover the cost of site cleanup and restoration and any associated costs. The amount and conditions of the bond shall be specified in the special stipulations made a part of this lease agreement. The lessee shall maintain the bond as long as the lessor deems necessary, and in an amount required by the lessor, which amount may be adjusted periodically. 25. Environmental Compliance. The lessee shall, at the lessee's own expense, comply with all existing and hereafter enacted environmental responsibility laws. ("Environmental Laws"). The lessee shall, at the lessee's own expense, make all submissions to, provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the Environmental Laws. Ill (Revision date 3/23/93} 5 m ..... radley Lake Hydro Electric Project Lease Agreement, ADL 222656 Should the Authority require that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges of or contamination by hazardous materials at the leasehold that occur during the term of this lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease, then the lessee shall, at the lessee's own expense, prepare and submit the required plans and financial assurances and carry out the approved plans. The lessee's obligations under this section shall arise if there is any event or occurrence at the leasehold during the term of this lease or arising out of or in connection with the lessee's use or occupancy of the land described in section 1 of this lease, that requires compliance with the Environmental Laws. At no expense to the lessor, the lessee shall promptly provide all information requested by the lessor for preparation of affidavits or other documents required by the lessor to determine the applicability of the Environmental Laws to the leasehold, and shall sign the affidavits promptly when requested to do so by the lessor. The lessee shall indemnify, defend, and hold harmless the lessor from all fines, suits, procedures, claims, liabilities, and actions of any kind arising out of or in any way connected with any spills or discharges of or contamination by hazardous materials at the leasehold that occur during the term of the lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease; and from all fines, suits, procedures, claims, liabilities, and actions of any kind arising out of lessee's failure to provide all information, make all submissions, and take all steps required by the Authority under the Environmental Laws or any other law concerning any spills or discharges or contamination that occur during the term of this lease or arise out of or in connection with lessee's use or occupancy of the land described in section 1 of this lease. The lessee agrees that it will not discharge or dispose of or suffer the discharge or disposal of any petroleum products, gasoline, hazardous chemicals or hazardous materials upon the leasehold. In any court action or administrative proceeding it shall be rebuttably presumed that any environmental contamination of the leasehold (i) has been released on the leasehold; (ii) has resulted from acts or omissions of lessee or its agents; and (iii) has occurred during the term of this lease. The lessee has the burden of rebutting the presumptions by clear and convincing evidence. This section of this lease does not in any way alter the State of Alaska's powers and rights or the lessee's duties and liabilities under Title 46 (or its successor) of the Alaska Statutes or other state or federal statutes. For example, notwithstanding the provisions of this lease, the State of Alaska shall not be precluded from claiming under AS 46.03.822 that the lessee is strictly liable, jointly and severally, for damages and costs incurred by the state for clean up of contamination on the leasehold. As used in this lease, the term "hazardous material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of Alaska, or the United States government. 26. Surrender of Leasehold. Upon the expiration, termination or cancellation of this lease the lessee shall leave and deliver up all of the leasehold in good, sanitary, and marketable condition, order, and repair. 10-111 (Revision date 3/23/93) 6 Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 ' •, 27. Notices. All notices or demands regarding this lease, made by either the lessor 6~ the ie~see, ~ih be made by certified mail, postage prepaid, to the following addresses: To the Lessor: To the Lessee: Division of Land P.O. Box 107005 Anchorage, Alaska 99510-7005 ALASKA ENERGY AUTHORITY 480 W. TUDOR ROAD ANCHORAGE, ALASKA 99503-6690 Any notice or demand given to or made by the lessor or the lessee shall be in writing and shall be complete if sent by United States certified mail to the address shown above, or to such other address as each of the parties may designate in writing. A copy of any notice or demand shall be forwarded to each holder of a security interest in the leasehold approved by the lessor. 28. NIA Service Charges. The lessee shall pay a service charge for any late payment or returned check issued by the lessee as follows: (a) Late Payment Penalty: A service charge plus annual interest (twice the interest rate charged on installment payments at the prevailing rate for real estate mortgage loans made by the Federal Land Bank for the farm credit district for Alaska) on the amount due will be charged on a past-due account until payment is received by the lessor or until the lease agreement termination date is reached. ~ A,_;ceptance of a late payment or of a service charge for a late payment is subject to the lessor's rights under items 20 and 21 of this lease. (h) Returned Check Penalty: A service charge will be assessed for any check on which the bank refuses payment. If the bank refuses payment, the default termination date remains the same. Late penalties under (a) of this section shall continue to accumulate. 29. Modification. This lease may be modified or amended only by a document signed by both parties. Any purported amendment or modification has no legal effect until placed in writing and signed by both parties. 30. Severability of Clauses of Lease Agreement. If any clause or prov1s10n of this lease is finally determined illegal, invalid, or unenforceable under present or future laws, then the lessor and lessee agree that the remainder of this lease will not be affected, and in lieu of each clause or provision of this lease that is illegal, invalid, or unenforceable, there will be added as a part of this lease a clause or provision as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible, legal, valid, and enforceable. -111 (Revision date 3/23/93) 7 ~ .Jradley Lake Hydro Electric Project Lease Agreement, ADL 222656 By signing this Lease, the State of Alaska as Lessor and the Lessee agree to be bound by its provisions . . ~ ~!< .-:-~ l Ji/ I I /)'}I...-/ STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFJ THAT QN THIS I D'H- personally appeared ~J lltVL-rr...._ R. s'N!! day of ~tL~ , 19 11 , before me ' known to me to be the person named and who signed the foregoing Lease and acknowledged voluntarily signing the same. STATE OF ALASKA ) ) ss. Third Judicial District ) i1 0~1LA LJ t{cry\ ary Public in and for the State of Alaska My commission expir.~l;l:c .... '"."' ~,. • ~ ,~,.,,; APRIL 2'i, 1994 THIS IS TO CERTI~ THAT 0\TH~ b t \ +h day of _j ~ u..wy , 19!1.1__, before me personally appeared \(.\(.~d. f.. V ('€ , of the Division of Land of the Department of Natural Resources of the State of Alaska, who executed the foregoing Lease and acknowledged voluntarily signing the same. 10-111 (Revision date 3/23/93) ~K-Tu..~d~ Notary Public in and for the State of Alaska My commission expires: My Commission Expires: February 12, 1997 8 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY LEASE AGREEMENT ADL222656 Township 5 South, Range 9 West, Seward Meridian: Section 16: Section 17: Land underlying Bradley Lake Tract C Tract D Tract C ACREAGE PER TOWNSHIP Township 5 South, Range 10 West, Seward Meridian: Tract A: Tract A1 ACREAGE PER TOWNSHIP Containing a total of 1,732.51 acres, more or less. ACRES: 21.29 1.93 84.35 1,485.55 1,593.12 ACRES: 139.39 139.39 All of the preceding land descriptions according to Alaska State Land Survey 91-38 within Portions ofTownship 3 South, Ranges 10 & 11 West; Township 4 South, Ranges 9 & 10 West; Township 5 South, Ranges 8, 9, & 10 West; and Township 6 South, Range 8 West; Seward Meridian, Alaska; approved on October 27, 1992, and Recorded as Plat No. 92-46, Homer Recording District. Page 1 of4 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY LEASE AGREEMENT ADL 222656 All State-selected (federal) land within the project boundaries of Federal Energy Regulatory Commission Project No. 8221, excluding those lands included within the transmission line right-of-way (ADL 223192), said State-selected land more particularly described as follows: Township 4 South, Range 10 West, Seward Meridian: Section 35: Section 36: Tract C Tract D Tract G Tract E Tract D ACREAGE PER TOWNSHIP ACRES: 1.58 52.93 94.63 0.22 79.31 228.67 ~ Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix B Page 2 of4 Township 5 South, Range 8 West, Seward Meridian: Section 19: Section 20: Section 29: Section 30: Section 31: SE1/4 Lot3 Tract B Tract D Tract F Tract H Tract I Tract K Tract B Tract C Tract E Tract B Lot 4 Tract A Tract C Tract E Tract H TractJ Tract L Tract N Tract B Tract C Tract D Tract E Tract F Tract G Tract H TractJ Tract L Tract M Tract N Tract 0 Tract P ACREAGE PER TOWNSIDP ACRES: 160.00 31.65 33.11 28.03 0.58 26.96 77.67 30.74 1.18 0.11 92.34 6.04 32.17 18.05 1.44 1.93 7.54 0.90 45.61 31.76 39.37 0.87 0.56 63.24 16.28 0.48 27.72 7.72 0.02 79.98 0.39 2.29 77.32 944.05 Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixB Page 3 of4 Township 5 South, Range 9 West, Seward Meridian: Section 3: SE114SE114 Section 6: Tract B Section 7: Tract B Tract D Section 8: Tract B Section 9: Tract B Section 10: Tract A Section 11: Tract B Section 14: Tract B Section 15: Tract A Section 16: Tract A Section 17: Tract A Tract D Tract E Section 18: Tract B Section 22: Tract A Section 23: Tract B Section 24: Tract B Section 25: Tract A Tract C Section 26: Tract B Tract C Section 36: Tract A ACREAGE PER TOWNSHIP ACRES: 40.00 5.64 21.45 99.67 267.30 29.21 210.59 5.67 168.73 32.38 69.45 15.87 7.90 7.7h 3.9' 66.32 513.20 558.08 0.14 372.53 0.54 14.53 15.46 2,526.38 ~ Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixB Page4of4 Township 5 South, Range 10 West, Seward Meridian: Section 1: Tract B Section 2: Tract B Tract D Section 3: Tract A Section 9: Lot 1 Section 10: Tract A Section 11: Tract B Section 12: Tract B Section 13: Tract B Section 14: Tract B ACREAGE PER TOWNSHIP Township 6 South, Range 8 West, Seward Meridian: Section 6: W1/2NE1/4 NW1/4SE1/4 NE1/4SW1/4 El/2NW1/4 ACREAGE PER TOWNSHIP Containing a total of 5,336.42 acres, more or less. ACRES: 26.81 119.81 9.02 384.89 127.87 398.57 222.79 64.41 41.59 1.56 1,397.32 ACRES: 80.00 40.00 40.00 80.00 240.00 All of the preceding land descriptions according to Alaska State Land Survey 91-38 within Portions of Township 3 South, Ranges 10 & 11 West; Township 4 South, Ranges 9 & 10 West; Township 5 South, Ranges 8, 9, & 10 West; and Township 6 South, Range 8 West; Seward Meridian, Alaska; approved on October 27, 1992, and Recorded as Plat No. 92-46, Homer Recording District. Page 1 of7 APJPENDJIX C ADDITIONAL STIPULATIONS ALASKA ENERGY AUTHORITY LEASE AGREEMENT ADL222656 DEFINITIONS 1. Division of Land is referred to hereinafter as DL. 2. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as AEA. 3. "DL Regional Manager (RM)" means the Southcentral Regional Manager of the Division of Land (DL), or a person delegated to exercise that authority. 4. "DL Field Representative (DLFR)" means the "on-site" representative of the RM who has beem delegated the authority as contained in these special stipulations. 5. "Alaska Energy Authority Authorized Officer(AEAAO)" means the person designated by the AEA to coordinate activities with other federal, state and local agencies, as well as the AEA's contractors 6. "Project Area" means the state lands generally depicted in Alaska State Land Survey 91-38." GENERAL STIPULATIONS 7. Mitigation Plan AEA shall comply with all measures as agreed to in the Bradley Lake Hydroelectric Project FERC Mitigation Plan, dated November, 1985, including any future changes. 8. AEA to inform agents. a. AEA shall inform and cmsure compliance with these stipulations by its agents, employees, and contractors (including subcontractors at any level). ~ Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixC Page 2 of7 b. AEA may regulate public access within the project area as required to facilitate operations and protect the public. 9. Federal, State and Local Laws and Regulations. AEA shall comply with all applicable federal, state, and local laws and regulations thereunder, existing or hereafter adopted, affecting in any manner, construction, operation or maintenance of the project. 10. AEA liability. AEA, its agents, contractors and subcontractors shall be liable to the State of Alaska for any liabilities, damages, injuries, cost or expense incurred by the State of Alaska which in any way arises from or is connected with any field activities, whenever such liability, damage, injury, cost or expense results from any breach of the terms or conditions associated with this Lease, of from any wrongful or negligent act of the AEA, its officers, agents, employees, contractors, subcontractors or their personnel. SPECIFIC STIPULATIONS 11. Damage to land/Erosion control. a. Any structure, property or land harmed, damaged or destroyed by the AEA, its agents, contractors, subcontractors or their personnel during the construction, operation, or maintenance of the project shall be reconstructed, repaired, rehabilitated, and restored, as may be required by the DLFR so that the condition thereof, in the judgement of the DLFR, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. The AEA shall immediately cease activity and/or eliminate any condition existing or occurring with respect to construction, operation or maintenance which may cause harm, damage or destruction to any person, structure, land, stream, or wildlife. b. The lessee shall conduct all operations in a manner which will prevent unwarranted erosion. Any such erosion shall be repaired in a manner satisfactory to the Regional Manager. c. The lessee shall ensure that the stream banks are restored to · preconstruction integrity during the construction season in which they are damaged. Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixC Page 3 of7 d. The lessee shall exercise care that upon completion of construction, all work areas shall be smoothed and graded in a manner to conform to the natural contours of the landscape, or as agreed to in the final Bradley Lake Hydroelectric Project Mitigation Plan. If any scarring or damage occurs outside of approved areas as a result of the lessee's operations, the areas shall be repaired and reseeded, or otherwise corrected as necessary to the satisfaction of the Regional Manager. e. Equipment, other than vessels, must not enter open water areas of a watercourse during winter. Ice or snow bridges constructed at stream crossings must not contain extraneous material (i.e., soil, rock, wood, or vegetation and must be removed or breached before spring breakup. Alterations of the banks of a watercourse are prohibited. f. Timber shall be cleared in a manner consistent with Division of Forestry guidelines and with the plans required by the FERC license and agency permits. Timber clearing shall be coordinated with Division of Forestry to maximize use by the public and prevent spruce bark beetle infestation. g. Compaction or removal of the insulating snowcover from deep water pools of rivers known to harbor overwintering fish must be avoided. To prevent additional freeze down of these pools, watercourses must be crossed at shallow riffle areas from point bar to point bar wherever possible. h. All activities shall be conducted in a manner to minimize disturbance to the surface-protecting vegetative mat. 1. Stockpiling of material is permitted provided that the stockpile is not located where crossing of any part of a stream will occur and that it will be removed or recontoured before expiration of the contract. J. Mobile ground equipment and vehicles shall not be operated outside the boundaries of the project area except on approved access roads, or in protection of life, limb or property, unless otherwise approved in writing by the Regional Manager, in advance. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. 6 Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixC Page 4 of7 12. Right of DL to Perform. If, after thirty days (or in an emergency, a reasonable shorter period), following a written demand by the RM, the AEA, its agents, contractors or subcontractors fail or refuse to perform any action required by this Lease or by the RM, DL shall have the right, but not the obligation, to perform any action required by this Lease or by the RM, at the sole expense of the AEA. Before delivery of a written demand, DL will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. 13. AEA Authorized Officer. AEA shall designate, and have available at all times during construction, operation, and maintenance activities, an Authorized Officer(AO), or the AO's designated representative, with authority to assure compliance with the Lease, and with the authority to modify or suspend any field activities. 14. Changes in Conditions. a. Unforeseen conditions arising during construction may make it necessary to revise or amend these special stipulations. In that event, the RM and the AEA will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DL Director shall have final authority to determine those revisions or amendments to be made. b. AEA shall notify and obtain approval from the DL at least 15 days in advance of any activities which deviate from these stipulations. Notification shall minimally consist of the date and the specific nature of the operation, the reasons why the operation is different, and a map showing the location of the operation. c. Any changes in the project from that as originally applied for or subsequent modifications will require the prior written approval of the RM. The RM reserves the discretionary authority to require a re-determination of the State's interests for any proposed changes. Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix C Page 5 of7 15. Valid Existing Rights. This Lease, and the rights and privileges granted by it, is subject to all valid existing rights in and to the land which is the subject to this Lease and DL makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. 16. DL Transportation. The AEA will provide transportation for DNR personnel from Homer to the project site, including transportation on site and quarters (if overnight lodging is required), for field inspections of the project area. A field inspection may be conducted at the DL's discretion at least once every two years. Any deviation from the approved plans or this authorization may require additional field inspections. 17. New Construction. When the AEA intends significant new construction, and whenever requested by the DL, the AEA shall submit a schedule of its construction activities. During the course of construction, schedules shall be revised and updated, and re-submitted when major changes occur. A construction progress report shall be submitted as required by the DL. 18. Requests for Data. For purposes of information and review, DL at any time during normal business hours, may require the AEA to furnish data related to preconstruction, construction, maintenance, operation or termination activities undertaken in connection with the Bradley Lake Hydroelectric Project and related facilities. The AEA shall furnish the required data as soon as possible, or as otherwise required under the terms of this Lease. 19. Permanent Project Airstrip. The exclusive use of the permanent airstrips shall be limited to AEA, its officers, agents, employees, contractors, subcontractors or their personnel for the duration of the project. AEA will permit emergency landings. g Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 AppendixC Page 6 of7 20. Antiquities and Historical Sites. The Alaska Historic Preservation Act (AS 41.35.000) prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archeological resources of the State. No historic site, archeological site, or camp, either active or abandoned, shall be disturbed in any manner, nor shall any item be removed therefrom. Should cultural or paleontological resources be discovered as a result of this activity, work which would disturb such resources shall be stopped, and the State Historic Preservation Office shall be contacted immediately. 21. Surveys. All survey monuments, witness corners, reference monuments, mining claim posts, bearing trees and unsurveyed lease corner posts shall be protected against damage, destruction, or obliteration. Any damaged, destroyed or obliterated markers shall be re-established in accordance with accepted survey practices of the Cadastral Survey Section of the DL, Department of Natural Resources. 22. FueVHazardous Materials and Solid Waste. a. All fuel, petroleum and other toxic products stored or utilized in the permit area shall be stored away from the nearest water body, and contained or confined in a manner which would prevent any spillage from entering an adjacent water body. Oil changes and fueling operations shall be conducted away from any water body. The AEA shall give immediate notice of any discharge of oil or other pollutants to the Department of Environmental Conservation, State of Alaska. b. Use of petroleum products or by-products for dust suppression is not permitted. c. An effective dust control program shall be maintained on this site under the Cook Inlet Air Resources Management District regulations during any and all periods of material extraction operations. d. The use of pesticides, herbicides or other toxicants is prohibited unless otherwise approved in writing by the Regional Manager, in consultation with the Department of Environmental Conservation, State of Alaska. Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix C Page 7 of7 e. Any use of explosives shall be done in strict conformance with applicable federal and state laws and regulations, including but not limited to handling, transporting and storage of explosives. f. All waste generated during construction, operation, maintenance and termination activities under this Lease shall be removed or otherwise disposed of as required by state and federal law. Waste in this sub-paragraph means all discarded matter, including, but not limited to, human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and discarded equipment. g. Materials such as sorbent pads or booms shall be available onsite to contain and clean up any fuel spilled as a result of the facilitis operation or equipment failure. 23. Inspection and Monitoring Access. State agencies, their employees and agents shall have a right of access and entry to the project·area (including the subsurface of, and the air space above, such lands) for inspection or monitoring purposes and for any other purpose or reason that is consistent with any right or obligation of State agencies under any law or regulation, this Lease, or any other agreement, permit or authorization relating in whole or in part to all or any part of the project area. The right of access and entry shall extend to other persons as may be designated in writing by the RM. 24. Revocation, Termination or Abandonment. Upon revocation or termination of this Lease or abandonment of any section of the project area, AEA shall remove all improvements and/or restore the land to the satisfaction of DL. 25. Use of gravel. Any gravel source located within the boundaries of this land shall be for the sole purpose of providing material for use within the boundaries of this land and in conformance with the lessee's development plan. FINAL FINDING AND AMENDED FINAL FINDING Land ~ADL 222656 Tideland Lease-ADL 222657 Right-of-Way-ADL 223192 This final finding is intended to complement and update the following: ADL 222656, ADL 222657 ADL223192 Preliminary decision dated February 18, 1986. Final finding dated April 28, 1986. Preliminary decision dated August 14, 1986. REQUESTED ACTION: Approval of a 55 year lease, a 55 year tideland lease, and a right of way for the Bradley Lake Hydroelectric Project. AUTHORITY: AS 38.05.810(a). PUBLIC NOTICE Lease CADL 222656) and Tideland Lease (ADL 222657) March, 1986 ................ Public notice of the proposed lease and tideland lease was first accomplished. April28, 1986 ............. A Final Finding determined that it was in the state's best interest to issue Letters of Entry, preparatory to issuing .the respective lease and tideland lease. August, 1991 .............. Public notice of an amendment to the lease legal description was accomplished by advertising in the Anchorage Times, the Homer News, and the Peninsula Clarion. No adverse comments were received. Right-of-way CADL 223192) August, 1986 .............. Public notice of the proposed right-of-way for the Bradley transmission line was accomplished. On August 6, public notices were sent to interested parties. On August 14, public notice was sent to remote parcel lessees. On August 28, public notice was published in the Homer News and Anchorage Daily News. December 18, 1987 ..... The Commissioner's Office received a letter from Steve Yoshida, attorney for Cecil Jones. Jones, a hunting guide, alleged that he would be harmed by the construction of the Bradley transmission line. Final Finding and Amended Final Finding ADL 222656, ADL 222657, ADL 223192 Page2 CLASSIFICATION Although ample public notice was afforded, including notice by the FERC and the Division of Governmental Coordination, Jones did not respond until after the Division of Land granted AEA a Letter of Entry on September 30, 1986. Two remote parcel applicants expressed concerns about the transmission line. However, both remote parcel leases were later terminated for non-payment. No other adverse comments were received. Under 11 AAC 55.040(i), classification is not required for a conveyance to another state agency under AS 38.05.810(a). Land classified is detailed in the preliminary decisions. Remaining land that is unclassified consists of land under the Bradley River, land underlying Bradley Lake, and land subject to federal withdrawals. DISCUSSION Unclassified, state-selected land subject to federal withdrawals is listed in Appendix B of the proposed lease and in Appendix B of the proposed right-of-way permit. Public Notice under AS 38.05.945 has not been accomplished for this unclassified land. It is anticipated that the federal government will lift the withdrawals to allow the state selections to attach before July 1, 1994. The proposed lease will contain the following provision: Before the land described below is included in this lease agreement, the requirements of AS 38.05.945 must be met. Subject to the above-referenced requirements, the following described land is included in this lease agreement upon the date of tentative approval for acquisition by the State of Alaska: See Appendix B The proposed right-of-way permit will contain the following provision: Before the land described in this Appendix is included in this right-of-way permit the requirements of AS 38.05.945 must be met. Subject to the above-referenced requirements, the following described land is included in this right-of-way permit upon the date of tentative approval for acquisition by the State of Alaska: This finding will constitute the written best-interest finding for state-selected land listed in Appendix B of the proposed lease and for state-selected land listed in Appendix B of the proposed right-of-way permit. Final Finding and Amended Final Finding ADL 222656, ADL 222657, ADL 223192 Page 3 FINDING: The land lease, tideland lease, and right-of-way permit should be issued subject to the special stipulations contained in the Appendices for each document and subject to the provision that state-selected land is not included in the land which is the subject of these authorizations until public notice under AS 38.05.945 is accomplished. Since the Alaska Energy Authority is a non-profit state agency entrusted with supplying cheap power, compensation is waived. / I /1 ·. ' (, Date The finding presented above has been reviewed and considered. The case file has been found to be complete. The requirements of all applicable statutes have been satisfied. Therefore, it is the finding of the Regional Manager that it ("f.) is ( ) is not in the best interest of the State to approve this action under the authority of AS 38.05.035. A person adversely affected by this decision may appeal this decision in accordance with 11 AAC 02 to Ron Swanson, Director, Division of Land, Department of Natural Resources, P.O. Box 107005, Anchorage, Alaska 99510-7005. Any appeal must be received at the above address within 30 calendar days after the date of delivery of the decision, as defined in 11 AAC 02.040. A copy of 11 AAC 02 may be obtained from any Department of Natural Resources Office. If no appeal is filed within the time specified, this decision becomes final. Richard B. Thompson, Regional Manager Southcentral Region Division of Land Date STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND SOUTHCENTRAL REGIONAL OFFICE RIGIIT-OF-WAY PERMIT ADL No. 223192 THIS AGREEMENT made and entered into this lOth day of January, 1994, by and between the STATE OF ALASKA, acting by and through the Department of Natural Resources, Division of Land, hereinafter referred to as the grantor and ALASKA ENERGY AUTHORITY, whose address is 480 W. Tudor Road, Anchorage, Alaska 99503-6690, hereinafter referred to as the permittee. WITNESSETH, that in accordance with the provisions of Alaska Statute 38.05.850 and the rules and regulations promulgated thereunder, the permittee having filed an application for a public right-of-way within the Homer Recording District for a transmission line with a map showing the definite location thereon of the line of right-of-way which the permittee has adopted and agrees to be the specific and definite location of the aforesaid right-of-way, and WHEREAS, it is understood and agreed by the permittee herein that, as a condition to the granting of the right-of-way applied for, the land covered by said right-of-way shall be used for no purpose other than the location, construction, operation and maintenance of the said right-of-way over and across the following described State lands, to wit: See Appendix A and Appendix B Subject to additional stipulations set forth in Appendix C TO HAVE AND TO HOLD the same until the above described land shall no longer be used for the above-mentioned purpose and subject to conditions and reservations elsewhere set forth herein. In the event that the right-of-way granted shall in any manner conflict with or overlap a previously granted right-of-way the permittee herein shall use this right-of-way in such a manner as not to interfere with the peaceful use and enjoyment of the previously issued right-of-way and no improvements shall be constructed by the permittee herein upon the overlapping area unless the consent therefore has first been obtained from the permittee under the pre-existing right-of-way. The permittee in the exercise of the rights and privileges granted by this indenture shall comply with all regulations now in effect or as hereafter established by the Division of Land and all other Federal, State or municipal laws, regulations or ordinances applicable to the area herein granted. Right-of-way Pennit Bradley Lake Hydroelectric Project ADL No. 223192 Upon abandonment, termination, revocation or cancellation of this indenture, the permittee shall within 90 days remove all structures and improvements from the area herein granted, except those owned by the grantor, and shall restore the area to the same or similar condition as the same was upon the issuance of this permit. Should the permittee fail or refuse to remove said structures or improvements, within the time allotted, they shall revert to and become the property of the grantor. However, the permittee shall not be relieved of the cost of the removal of the structures, improvements and/or the cost of restoring the area. Provided further, however, that the grantor, in its discretion, may alter or modify the requirements contained in this provision if it is to the best interest of Alaska to do so. The permittee shall utilize the lands herein granted consistent with the purposes of the proposed use, as revealed by the application therefor, and shall maintain the premises in a neat and orderly manner and shall adopt and apply such safety measures as shall be necessary, proper and prudent with respect to the use to which the land is subjected. The permittee shall take all reasonable precaution to prevent and suppress brush and forest fires. No material shall be disposed of by burning in open fire during the closed season unless a permit therefor has first been obtained from the agency empowered by law to issue such permits. Prior to any construction or development that will use, divert, obstruct, pollute or utilize any of the waters of the State, the permittee shall first obtain approval therefor from the Commissioner of the Department of Fish and Game and file an image copy thereof with the grantor. Any lands included in this permit which are sold under a contract to purchase shall be subject to this permit. Upon issuance of title to the purchaser, this permit shall remain in effect until its date of expiration. In case the necessity for the right-of-way shall no longer exist, or the permittee should abandon or fail to use the same, then this permit shall terminate. The State of Alaska shall be forever wholly absolved from any liability for damages which might result to the permittee herein on account of this permit having been cancelled, forfeited or terminated prior to the expiration of the full time for which it was issued. 2 Right-of-way Pennit Bradley Lake Hydroelectric Project ADL No. 223192 NOW THEREFORE, in accordance with the provisions of Alaska Statute 38.05.850, and the rules and regulations promulgated thereunder and in accordance with the conditions heretofore set forth or attached hereto and made a part hereof, the permittee herein is hereby authorized to locate, construct, operate and maintain said right-of-way over and across the lands herein described. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed in duplicate and the permittee herein has hereunto affixed its signature on the day and ye~nfirst b~.w~t!~n. Permittee: )({U:in:T, 'b .. ~)! Jl 0 _....,. State of Alaska ) )ss Third Judicial District ) THIS IS TO CERTIFY that on this J.Q_ day of ~!1~ 193...i_, before me the undersigned, a Notary Public in and for tlile. Statetbf Alaska, duly commissioned and sworn, as sue , personally appeared UJlJU.tta\ R. sr~.u known to me to be the Zt 'u.i G 'v of_,_A-'-!O=f.:...Jrj'-'---------- the corporation which executed the foregoing instrument, and that ___ __;_t\L..;:;..::.. ____ acknowledged to me that (s)he executed the same for and on behalf of said~orporation, and that (s)he is fully authorized by said corporation so to do; L~, acknowledged to me that (s)he signed and executed the same freely and voluntarily, for the uses and purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. ~ (L-"-4 \td W.~f\ . , No ry Public in and for the State of Alaska JtY CO'.'•';IIS.:!o~J EXPIRES APRIL 2'1, 1'.194 My commission expires ______ _ 3 Right-of-way Permit Bradley Lake Hydroelectric Project ADL No. 223192 Grantor: __ ~~~~~~~~~~~~~----- Richard Thompson, R · onal Manager Southcentral Region, Division of Land State of Alaska ) )ss Third Judicial District ) . THIS IS TO CERTIFY ~ on this !/ d'!Y or..:PfNq ~ , 19'i'l:._ before me, personally appeared {}Jehde.~ 71tomt:Jsov to~ own and known by me to be the person named in and who executed s~d document and acknowledged voluntarily signing the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and y in thi rtifi first above written. RETURN RECORDED DOCUMENT TO: Southcentral Regional Office, Div. of Land, P.O. Box 107005, Anchorage, Alaska 99510-7005. 4 Page 1 of2 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY RIGHT-OF-WAY PERMIT ADL223192 Township 3 South, Range 10 West, Seward Meridian: ACRES: Tract B: Tract B1 Subject to: 263.62 ACREAGE PER TOWNSHIP grazing lease ADL 24501; right-of-way application ADL 219905. Township 3 South, Range 11 West, Seward Meridian: Section 23: Section 25: Section 26: Tract B: Tract B Tract A2 Tract C2 Tract B1 ACREAGE PER TOWNSHIP Township 4 South, Range 9 West, Seward Meridian: Section 30: Section 30-31: Tract B: Tract 1W Tract 2W Tract B1 ACREAGE PER TOWNSIDP Subject to: grazing lease ADL 24501. 263.62 ACRES: 26.15 42.48 20.78 129.34 218.75 ACRES: 0.86 1.93 182.13 184.92 Right-of-way Permit, Appendix A Bradley Lake Hydroelectric Project ADL No. 223192 Page 2 of2 Township 4 South, Range 10 West, Seward Meridian: Section 36: Tract A: Tract 1W Tract A1 ACREAGE PER TOWNSHIP Subject to: grazing lease ADL 24501. Containing a total of 422.03 acres, more or less. ACRES: 4.00 14.36 18.36 All of the preceding land descriptions according to Alaska State Land Survey 91-38 within Portions ofTownship 3 South, Ranges 10 & 11 West; Township 4 South, Ranges 9 & 10 West; Township 5 South, Ranges 8, 9, & 10 West; and Township 6 South, Range 8 West; Seward Meridian, Alaska; approved on October 27, 1992, and Recorded as Plat No. 92-46, Homer Recording District. Page 1 of2 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY RIGHT-OF-WAY PERMIT ADL223192 Before the land described in this Appendix is included in this right-of-way permit the requirements of AS 38.05.945 must be met. Subject to the above-referenced requirements, the following described land is included in this right-of-way permit upon the date of tentative approval for acquisition by the State of Alaska: Township 4 South, Range 9 West, Seward Meridian: Section 30: Section 31: U.S. Survey No. 2937, Lot 2: Tract B Tract E Tract B Beginning at Corner 3, Lot 2, U.S. Survey No. 2937, the True Point of Beginning of the herein described parcel. Thence N.77°17'26"W. a distance ofl0.17 feet along line 3-4 of Lot 2, U.S. Survey No. 2937 to the intersection with the westerly right-of-way line of the Transmission Line right-of-way shown on the plat of Alaska State Land Survey No. 91-38; thence S.49°30'38"W. a distance of 629.91 feet along said right-of-way line to the intersection with line 1-2 of Lot 2, U.S. Survey No. 2937; thence S.77°17'00"E. a distance of 386.81 feet along line 1-2 of Lot 2, U.S. Survey No. 2937 to the intersection with line 2-3 of Lot 2, U.S. Survey No. 2937; thence N.12°47'21"E. a distance of 504.43 feet along line 2-3 of Lot 2, U.S. Survey No. 2937 to the true point of beginning. ACREAGE PER TOWNSHIP ACRES: 29.31 16.43 0.33 2.30 48.37 Right-of-way Permit, Appendix B Bradley Lake Hydroelectric Project ADL No. 223192 Page2 of2 Township 4 South, Range 10 West, Seward Meridian: Section 36: Tract B ACREAGE PER TOWNSHIP Containing a total of 84.95 acres, more or less. ACRES: 36.58 36.58 All of the preceding land descriptions according to Alaska State Land Survey 91-38 within Portions of Township 3 South, Ranges 10 & 11 West; Township 4 South, Ranges 9 & 10 West; Township 5 South, Ranges 8, 9, & 10 West; and Township 6 South, Range 8 West; Seward Meridian, Alaska; approved on October 27, 1992, and Recorded as Plat No. 92-46, Homer Recording District. All covenants, agreements, terms and conditions which by virtue of this right-of-way permit are binding upon the land described in Appendix A are equally binding upon the land described in this Appendix B, unless otherwise stated herein. Page 1 of 12 ADDITIONAL STIPULATIONS ALASKA ENERGY AUTHORITY RIGHT-OF-WAY PERMIT ADL223192 I. DEFINITIONS A. "DL Authorized Officer (AO)" means the Southcentral Regional Manager of the Division of Land (DL), or a person delegated to exercise the Regional Manager's authority. B. "DL Field Representative (DLFR)" means the "on-site" representative of the AO who has been delegated the authority as contained in these special stipulations. C. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as the AEA. D. "Alaska Energy Authority Authorized Officer (AEAAO)" means the person designated by the AEA to coordinate activities with other federal, state and local agencies, as well as the AEA's contractors. E. "Project Area" means the "TRANSMISSION LINE R.O.W." depicted on Alaska State Land Survey 91-38. F. "Muskeg11 means a grassy bog of partially decayed vegetable matter occurring in wet boreal regions. II. GENERAL STIPULATIONS A. Federal, State and Local Laws and Regulations 1. AEA shall comply with all applicable federal, state, and local laws and regulations thereunder, existing or hereafter adopted, affecting in any manner, construction, operation or maintenance of the transmission line. 2. AEA shall comply with all measures as agreed to in the Bradley Lake Hydroelectric Project FERC Mitigation Plan, dated November, 1985, including any future changes. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 AppendixC Page 2 of12 B. Damages 1. AEA, its officers, agents, employees, contractors, subcontractors and their personnel shall indemnify and hold harmless the State of Alaska, its officers, agents and employees from all demands, claims, legal actions, losses and liabilities, including cost and expenses, arising from negligent acts of AEA, its officers, agents, employees, contractors, subcontractors and their personnel in complying with the provisions of this right-of-way. 2. AEA, its agents, contractors and subcontractors shall be liable to the State of Alaska for any liabilities, damages, injuries, cost or expense incurred by the State of Alaska which in any way arises from or is connected with any field activities, whenever such liability, damage, cost or expense results from any breach of the terms or conditions associated with this right-of-way, or from any wrongful or negligent act of AEA, its officers, agents, employees, contractors, subcontractors, or their personnel. 3. Any structure, property, or land harmed, damaged or destroyed by AEA its officers, agents, employees, contractors, subcontractors and their personnel during the construction, operation, or maintenance of the project shall be reconstructed, repaired, and rehabilitated, as may be required by the AO, by AEA as soon as within 60 days or as soon as practicable, so that the condition thereof, in the judgment of the AO, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. AEA shall immediately cease activity or eliminate any condition existing or occurring with respect to construction, operation or maintenance which may cause harm, damage or destruction to any person, structure, land, stream, or wildlife, whenever such condition is a result of a breach of the terms associated with this right-of-way. C. Right ofDL to Perform If, after thirty days (or in an emergency, a shorter period as is not unreasonable) following a written demand by the AO, AEA, its agents, contractors or subcontractors fail of refuse to perform any action required by this right-of-way or by the AO, DL shall have the right, but not the obligation, to perform any such action at the sole expense of AEA. Before delivery of a written demand, DL will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 3 of 12 D. Alaska Energy Authority Authorized Officer AEA shall designate an authorized representative (AEAAO) to coordinate activities with other federal, state and local agencies; and with the authority to assure compliance with this right-of-way and to modify or suspend any field activities. E. Resolution of Conflict Procedure If the DLFR and the AEAAO are unable to reach agreement concerning a field activity, the activity will be immediately suspended by the AEAAO under direction of the DLFR, and the activity in question will be referred to the AO and the AEA Project Manager. If these parties are unable to reach agreement, the matter will be resolved by the DL Director and AEA Executive Director. Any suspended activity shall not resume until written authorization from the AO or the DL Director is received by AEA. F. Changes in Conditions Unforeseen conditions arising during construction, operation and maintenance of the transmission line may make it necessary to revise or amend these special stipulations. In that event, the AO and the AEA Project Manager will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DL Director shall have final authority to determine those revisions or amendments. G. Reservation of Certain Rights to DL 1. There is reserved to DL the right to grant permits, rights-of-way or other uses to third parties for compatible uses on, or adjacent to, the project area. Before DL grants an additional right-of-way for a compatible use, DL will notify AEA of its intentions and shall consult with AEA before taking final action. 2. The granting of this right-of-way is subject to the express condition that the exercise of the rights and privileges granted under this right-of-way will not unduly interfere with the management, administration, or disposal by DL of the land affected by this right-of-way , and AEA agrees and consents to the occupancy and use by DL, its grantees, lessees, and permittees, of any part of the right-of-way not actually occupied or required by AEA for full and safe utilization of the project. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 AppendixC Page4 of12 H. Valid Existing Rights This right-of-way, and the rights and privileges granted by it, is subject to all valid existing rights in and to the land which is the subject to this right-of-way and DL makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. I. DL Transportation Upon reasonable notice the AEA will provide transportation for DNR personnel from Homer to the project site, including transportation on site, for field inspection of the project area. Field inspections shall be conducted as required during construction activities. Any deviation from the approved plans or this authorization may require additional field inspections. J. New Construction. When the AEA intends significant new construction, and whenever requested by the DL, the AEA shall submit a schedule of its construction activities. During the course of construction, schedules shall be revised and updated, and re-submitted when major changes occur. A construction progress report shall be submitted as required by the DL. K. Requests for Data For purposes of information and review, DL at any time during normal business hours, may require AEA to furnish data related to preconstruction, construction, maintenance, operation or termination activities undertaken in connection with the transmission line and its related facilities. AEA shall furnish the required data as soon as possible, or as otherwise required under the terms of this right-of-way. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 5 of 12 L. Antiquities and Historical Sites If, in connection with any of the activities authorized under this right-of-way, AEA, its officers, agents, employees, contractors, subcontractors or their personnel encounter any paleontological, archaeological or historical sites or artifacts, field activities shall be suspended on that portion of the project area by the AEA, and the DLFR shall be immediately notified. If necessary, AEA will coordinate with the State Historical Preservation Officer, in consultation with DL, to develop a mitigation plan. Field activities shall not resume within the portion of the project area in which they were previously suspended until authorized in writing by the AO. M. Survey All existing survey monuments, witness corners, reference monuments, mining claim posts, bearing trees and unsurveyed lease corner posts shall be protected against damage, destruction, or obliteration. Any damaged, destroyed or obliterated markers shall be re-established in accordance with accepted survey practices of the Cadastral Survey Section of the Division of Land, Department of Natural Resources. N. Minimum Ground Clearance A minimum clearance established by the Engineer in accordance with the National Electrical Safety Code (NESC) Rules shall be maintained at all times during operation. 0. Limits of Authorization This right-of-way does not authorize any activity other than construction, operation, maintenance and termination of two 115KV transmission lines and associated structures and improvements within the project area. This includes tower structures and substation. Other uses of the project area including modification, relocations and future expansion and upgrading shall require prior written approval from DL. P. Revocation, Termination or Abandonment Upon revocation or termination of this right-of-way or abandonment of any section of the project area, AEA shall remove all improvements and rehabilitate the land to the satisfaction of DL. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 6 of 12 III. ENVIRONMENTAL PROTECTION A. Erosion Control Erosion control measures such as water bars, contour furrows, sediment traps, water spreaders, diversion ditches, dikes, plugs, or other control measures shall be constructed if necessary to avoid induced and accelerated erosion and to prevent the forming of new drainage channels resulting from construction activity on the project area. AEA will rehabilitate all exposed or disturbed sites within the project area where necessary to prevent erosion. If reseeding is necessary native seeds shall be used wherever practical for reseeding. Seed mixes shall be approved by an authorized field representative of the Division of Land upon request. B. Disturbance of Waters All construction activities which may create new lakes, drain existing lakes, divert natural drainages, permanently alter stream hydraulics, disturb streambeds, or degrade water quality, are prohibited unless prior written approval is obtained from the AO. Adequate culverting shall be installed to maintain surface drainage patterns and to prevent ponding. C. Stream Banks Any alteration of stream banks must be rehabilitated to the satisfaction ofDL within 30 days of being altered. Alteration as used in this paragraph does not mean alteration of stream banks from construction of access roads within the project area, when such access roads have been constructed in compliance with these special stipulations. D. Pesticides, Herbicides and Other Toxicants The use of pesticides, herbicides or other toxicants is prohibited unless otherwise approved in writing by the AO, in consultation with the Department of Environmental Conservation, State of Alaska. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 7 of 12 E. Fuels, Lubricants, Paints and Other Potential Pollutants 1. Fuels, lubricants, paints and other potential pollutants will be stored a minimum distance of300 feet away from any river, stream, drainage channel or water body. Bulk fuels in excess of 200 gallons shall not be transported through streams or other water bodies without authorization from the DLFR. 2. Fuel storage facilities must be within an impermeable diked area of 110 percent capacity of the largest independent fuel container. Manifolded tanks or bladders must be considered as a container. 3. All hazardous material containers and fuel drums shall be marked with the contractor's initials and dated. F. Oil Changes and Fueling Oil changes and fueling operations, except with stationary equipment, shall be conducted at least 300 feet from any river, stream, drainage channel or water body. Discharge of oil or other pollutants is a violation of state law and regulations. AEA shall give immediate notice of any discharge of oil or other pollutants to the Department of Environmental Conservation, State of Alaska. Stationary equipment shall be provided with drip pans or sorbant material to prevent or avoid environmental damage related to refueling operations. G. Oil Spills AEA is responsible to clean up any oil spills or other pollutants which result from activities associated with this right-of-way. H. Waste Disposal All waste generated during construction, operation, maintenance and termination activities under this right-of-way shall be removed or otherwise deposed of as required by state and federal law. Waste in this subparagraph means all discarded matter, including, but not limited to, human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and discarded equipment. I. Material Disposal Excavated material in excess of that required to backfill around any structure shall be disposed of by contouring and seeding as necessary to prevent erosion, or shall be disposed of in an approved disposal site. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 8 of 12 J. Restoration AEA shall, in areas where clearing and construction activities have resulted in removal of vegetation cover, creation of excavation, furrows or depressions, recontour the areas to match the character of the surrounding undisturbed areas and treat in such a manner to promote their rapid revegetation. IV. VEGETATION A. Clearing shall be performed in a manner which will maximize preservation of natural beauty, conservation of natural resources and minimize marring and scarring or the landscape or silting of streams. Clearing within 100 feet of anadromous fish bearing streams shall be limited to trees which would provide a hazard to transmission lines or towers. Small trees and shrubs shall not be cleared. B. AEA shall clear individual danger trees, by disposing of as stated in section IV F. A danger tree is a tree either within or outside the right-of-way which, in the opinion of AEA, represents a hazard to the normal operation of the transmission line. C. All reasonable precautions shall be taken during operations to prevent unnecessary damage to residual trees. D. After construction AEA shall not restrict or charge the public for all harvested timber over 4 inches in diameter at breast height. Under the terms of this right-of-way the AEA shall at its discretion make available to the public all felled timber. E. All harvested trees shall be limbed and all slash scattered to lie within 24 inches of the ground. Uprooted stumps shall not be piled and no berm piles or rows of any kind are permitted. F. To prevent the outbreak of spruce bark beetle infestation, logs greater than 4" in diameter which are not removed, shall be disposed of as follows: 1. Spruce: Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and Alaska Department ofNatural Resources permit requirements. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 AppendixC Page 9 of 12 2. All other tree species: Logs shall be cut into 10 to 15 feet lengths and placed so they cannot roll. G. Removal of brush slash and immature trees will be accomplished by any of the following three methods: 1) spreading and scattering in the adjacent brush area without damaging other trees; 2) chipping and scattering in such a way as to preclude their being washed into any watercourse; 3) piling and burning in accordance with procedures and practices established by the air quality regulations of the Alaska Department ofEnvironmental Conservation and the Division of Forestry. H. AEA shall ensure that the use of the access trails and the preparation of the various staging areas are planned and conducted in such a manner that all trees not approved for removal shall be adequately protected from either direct or indirect damage by AEA's operations. I. Ground Vehicle Use 1. Generally, vehicles shall be operated in a manner such that blading or removal of the vegetative mat does not occur except as approved by the DLFR. Filling of low spots and smoothing by the use of snow and ice is allowed. 2. Winter travel on wetland areas may begin when there is sufficient snow cover and \or frost to adequately support equipment and vehicles and prevent undue disturbance or removal of the vegetative cover. The adequacy of winter conditions will be determined by the DLFR. Certain on-wetlands activities mat begin sooner then others depending on the impact of operations. Ice roads and ice pads may be constructed in work areas as long as they are thick enough to prevent damage to wetlands. Ice and snow bridges constructed at stream crossings shall not contain extraneous material (i.e., soil, rock, brush, or vegetation) and shall be removed immediately after use or before expiration of this authorization. The banks of watercourses shall not be altered in the construction of snow and ice bridges. 3. Winter wetland travel shall be terminated prior to the spring breakup of each year, and or anytime after April15, upon 72 hours notice by the DLFR. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 AppendixC Page 10 of 12 J. Wetland/Muskeg Travel 1. Vehicles shall be operated in a manner such that blading or removal of muskeg or vegetative cover does not occur except as approved by the AO. Filling of low spots and smoothing by the use of snow and ice is allowed. Ice roads and ice pads may be constructed in the work areas as long as they are thick enough to prevent damage to the muskeg. Ice or snow bridges constructed at stream crossings shall not contain extraneous material (i.e., soil, rock, brush, or vegetation) and shall be removed immediately after use or before expiration of this authorization. The banks ofwatercourses shall not be altered in the construction of snow and ice bridges. 2. Winter travel on muskeg may begin when there is 1 foot of frost for the activities intended as determined by an authorized field representative of the Division of Land Management. Certain on-muskeg activities may begin sooner than others depending on the impact or magnitude of the operations. 3. Winter muskeg travel shall be terminated prior to spring breakup of each year, or anytime after April15, upon 72 hour notice by the AO. 4. If summer construction is required, muskeg travel using ground contact vehicles shall be limited to vehicle types approved by the Division of Land. The approved vehicle types are rubber tire or tracked vehicles not exerting a ground pressure greater than 3.5 pounds per square inch. V. WILDLIFE A. Applicable Laws and Regulations AEA shall inform its employees, agents, contractors, subcontractors and their personnel of the applicable laws and regulations relating to the taking of fish and wildlife. B. Harassment of Wildlife Harassment or molesting of wildlife or destruction of known habitat is prohibited. Wildlife shall not be "herded, buzzed" or otherwise harassed through use of aircraft or ground vehicles. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 AppendixC Page 11 of 12 C. Stream Crossings All stream crossing activity is subject to AS 16.05.870. VI. BLASTING A. Applicable Laws and Regulations Any use of explosives shall be done in strict conformance with applicable federal and state laws and regulations, including but not limited to handling, transporting and storage of explosives. B. Plan of Operations If blasting is required in the project area AEA shall submit the Contractor's general plan for the use of explosives including blasting techniques, to the DLFR. The general plan shall be submitted for review and approval at least 10 days before any initiation of blasting. VII. ACCESS A. Limits of Authorization This right-of-way applies only to access within the project area, not access to the project. B. No new access trails or roads are authorized on state lands without the express permission of the AO. C. Construction Methods 1. All activities shall comply with these special stipulations, and shall be conducted in a manner to minimize disturbance to the surface-protecting vegetative mat. 2. Stream Crossings shall be coordinated with the State of Alaska, Department ofFish and Game, respective to AS 16.05.840 and AS 16.05.870. 3. Any changes to the construction methods described in this right-of-way will require the prior written approval of the AO. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 12 of12 D. Geographical Limits of Ground Vehicle Operation Mobile ground equipment or vehicles shall not be operated outside the boundaries of the project area except on approved access roads, or in protection oflife, limb or property, unless otherwise approved in writing by the AP. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. E. Existing Crossings AEA may not restrict access by making impassable existing roads or trails, if in use. F. Materials Any cut or fill of material within the project area shall be limited to that necessary for foundation construction, erection of helipads, disposal areas, and access roads within the project areas. Fill shall be obtained either from approved material sites, or from cuts necessitated by topography. "Materials" include but are not limited to: gravel, rock, sand, peat and the surface-protecting vegetative mat. G. Regulation of Public Access AEA may regulate public access and vehicular traffic within the project area as required to facilitate operations and maintenance and to protect the public. For this purpose, AEA may provide warnings, flagmen, barricades and other safety measures as necessary. H. Inspection and Monitoring Access State agencies, their employees and agents shall have a right of access and entry to the project area (including the subsurface and the air space above such lands) for inspection or monitoring purposes and for any other purpose or reason that is consistent with any right or obligation of State agencies under any law or regulation, this right-of-way, or any other agreement, permit or authorization relating in whole or in part to all or any part of the project area. This right of access and entry shall extend to other persons as may be designated in writing by the AO. I. AEA shall notify and obtain approval from the DL at least 15 days in advance of any activities which deviate from these stipulations. Notification shall minimally consist of the date and the specific nature of the operation, the reasons why the operation is different, and a map showing the location of the operation. Walter Hickel, Governor d0r.i}{ David Eberle, Project Manager cjo Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 December 3, 1990 RE: Bradley Lake Hydroelectric Project Powerhouse Public Drinking Water System 262-5210 P 0 Box 1207 Soldotna, Alaska 99669 Class "C 11 Public Water System Conditional Plan Approval Gentlemen: We have reviewed the plans and specifications received May 9 and September 17, 199 0, for the subject project and are, hereby, issuing this letter and a "Certificate to Construct" which constitutes conditional written approval required by AS 46.03.020 and AS 46.03.720 for the public water system modifications. Final approval will require the submission of engineered as-built plans. Inspection and sign-off of as-built plans shall be performed by a professional engineer registered in the State of Alaska. Arrangements for this inspection work is the responsibility of the developer. This approval is contingent upon your receipt of any other state, federal or local authorizations which are required for your project. You are required to obtain all other necessary authorizations before proceeding with your project. You are advised that if this development will require placing fill in wetlands or working in a stream, river or lake, permits from the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game may be required. A Coastal Projects Questionnaire, which must be completed for all subdivisions, will help you identify other permits and approval which may be required for your project. Sincerely, PDH:SF:cac Enclosure i I j STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONSTRUCTION AND OPERATION CERTIFICATE for PUBLIC WATER SYSTEMS A.. APPROVAL TO CONSTRUCT Plans for the construction or modification of ____ B_r_a_d_l_e_y_L_a_k_e __ H_y_d_r_o_e_l_e_c_t_r_J._· _c_P_r_o_J_· _e_c t Powerhouse Class "C" ------------------------------public water system located in _______ B_r_a_d_l_e_y_L_a_k_e _____ --. Alaska, submitted in accordance with 18 AAC 80.100 David Eberle, Alaska Energy Authority been reviewed and are ~ approved. 0 see attached conditions). Environmental Engineer 12/1/90 BY DATE If construction has not started within two years of the approval date, this certificate is void and new plans and specifications must be submitted for review and approval before construction. B. APPROVED CHANGE ORDERS Change (coocracc on:1e< no. ot descriptive reference) Approved by Date C. APPROVAL TO OPERATE The "APPROVAL TO OPERATE" section must be completed and signed by the Department before any water is made available to the public. The construction of the ____________________________ _ water system was completed on (date). The system is hereby granted interim approval to operate for 90 days following the completion date. Tn1£ DATE As-built plans submitted during the interim approval period, or an inspection by the Department, has confirmed the system was constructed according to the approved plans. The system is hereby granted final approval to operate. BY DATE Alaska Energy Authority AEA/OTHR/ 1521 November 22, 1993 Mr. David Johnson, P.E. Alaska Department of Environmental Conservation 35390 K-Beach Road, Suite 11 Red Diamond Center Soldotna, AK 99669 Subject: Final Approval of Bradley Lake Hydroelectric Project Powerhouse Water and Wastewater Systems ---·--· ·---... - Dear Mr. Johnson: As we discussed last week, the direct operation and maintenance of Bradley Lake Hydroelectric Project will be turned over to Homer Electric Association shortly. In a similar move, many of the administrative functions of the Alaska Energy Authority will be transferred to the Alaska Industrial Development and Export Authority. My goal is to finalize as many pending actions or possible before the transfer of duties takes place in the next two months. Therefore, I am requesting that your department finalize its review of the powerhouse water and wastewater systems as-builts submitted on February 4, 1992, and issue fmal approval for use. Please do not hesitate to contact me if you have any questions. S~ncerely, c;(S) ,j Thomas J. Anninski Permits and Right of Way Specialist TJA/ds Enclosure as stated. PO Box 110809 Juneau. Alaska 99811 0809 (907) 465-3575 L. PO Box 190869 701 East Tudor Rood Anchorage. Alaska 99519-0869 (907) 561 7877 93Q.t/DS5572 DEPT. OF ENVIRONMENTAL CONSERVATION : I ;! : I ; -. ~ 1 / Walter Hickel, Governor l 262-5210 P.O.Box 1207 Soldotna, Alaska 99669 . ,..:;_:~.0~.;.~~, December 3, 1990 I'"","'_,-; ... .) . '~ l,i..J",c;;,l'\.r.. l:.:t )~-h~~ l AUI~tCRl.~ ·I ) David Eberle, Project Manager cjo Alaska Energy Authority P.O. Box 190869 Anchorage, AK 99519-0869 RE: Bradley Lake Hydroelectric Project Powerhouse Domestic Wastewater System Wastewater Disposal System Conditional Approval to Construct Dear Sir: On May 9 and September 17, 1990, this office received plans for the above-referenced property. The plans are conditionally approved in accordance with 18 AAC 72.230. This approval is contingent upon compliance with the conditions of 18 AAC 72.245, Construction Certification. A copy of 18 AAC 72.245, and a "Certification of Construction" form are enclosed. This approval is contingent upon your receipt of any other state, federal or local authorizations which are required for your project. You are required to obtain all other necessary authorizations before proceeding with your project. You are advised that if this development will require placing fill in wetlands or working in a stream, river, or lake, permits from the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game may be required. A Coastal Projects Questionnaire, which must be completed for all subdivisions, will help you identify other permits and approvals which may be required for your project. Any person who disagrees with this decision may appeal the decision by requesting a review using the procedures contained in 18 AAC 72.960, a copy of which is enclosed. Requests for a review must be delivered to the Regional Supervisor of the Southcentral Region at 3601 "C" Street, Suite 1350, Anchorage, Alaska 99503, within ten (10) calendar days of receipt of this letter. A copy of any request should also be sent to the undersigned. D. EBERLE 2 December 3, 1990 Please contact this office at the above number if you have any questions. PDH:SF:cac Enclosures Sincerely, -:::-> ,( ~ , ~ 1 , <t--\ u~ (I / Paul D. Horwath, P. . Environmental Engineer ~;:;·~~~:..~~:'ON DENCE DISTRIBUTION ACTION: COPIES: fl":t1' !/)51< ' T~'tc_:' ' ;• J '' -,(,: ~--~;,·~~ ~>'; \ c ·~;..~ ' ·_. '1 r I -· DEPT. OF ENVIRONMENTAL CONSERVATION Rr. ,-r--n--co ~ 'l. ;-i l '·· .• L. ' ·-~ May 2 3 , 19 91 Mr. David Eberle Alaska Energy Authority P. o. Box 190869 801 East Tudor Road Anchorage, AK 99519-0869 RE: Bradley Lake Hydroelectric Project Permanent Facilities Well No. 4 Waiver Approval, Class He" Water Well Dear Mr. Eberle: WALTER J. HICKEL, GOVERNOR 262-5210 P.O. Box 1207 Soldotna, AK 99669 On May 10, 1991, this office received a new request for a waiver from the minimum separation distance required under 18 AAC 72.015 between a Class "C 11 public water well and a private sewer line on the above-referenced property, provided that the protective measures outlined in the waiver request are constructed. This approval is contingent upon the receipt of as-built drawings, submitted under the stamp of a professional engineer, registered to practice in the state of Alaska. The Department has reviewed this request and finds that, based on the information provided, the distance required in 18 AAC 72.015 is not necessary to protect the drinking water supply indicated and grants a waiver for a lesser separation distance of 30 1 as requested. This waiver is valid only for the proposed use and the systems described in the waiver request dated May 2, 1991, which is on file in this office. This waiver will remain in effect as long as the drinking water contaminant concentrations do not exceed the maximum contaminant concentrations established in 18 AAC 80.050. D s/>:-' I CORRESPONDENCE DISTRrtlUTION r-· ---- ACTION: COPIES: Irk M !JuS !c 1 Tt< u l'; G L i') IJ:cac 'tJ£(_ t··-···-~---b[CI-IT C.L. I 1 i I .J s~no\re\y~ •'"" L- ' ; . i ' );,~ --. ;.c x '\. :/" ~--i' '\ David E. Johnson, P. E. Environmental Engineer .· ' ,._-·-r ) '\ I c:;--,.:J·/\ I ! ,. A \ I l D \ n~ n ,-, ! ~/ :' 1 . \ STEVE COWPER, GOVERNOR : 1 l ; ) ' I t .... DEPT. OF ENVIRONMENTAL CONSERVATION / I ,_. -I I . ;--w .. ' i I 262-5210 . · p .·o:--8-ox--T~ro,· / Mr. David Eberle cjo Alaska Power Authority P.O. Box 190869 Anchorage, AK 99519-0869 April 3, 1989 Soldotna, AK 99669 RE: Bradley Lake Permanent Facilities (Powerhouse Creek Source) Approval to Operate a Class 11 C11 Water System Dear Mr. Eberle, The Department has reviewed the engineered as-built drawings received for the subject project. Final approval is hereby given for the water system and the "Certificate to Operate" is enclosed. Any future expansion of the subject project will require additional approval from the Kenai District Office. This approval is contingent upon your receipt of any other state, federal or local authorizations which are required for your project. You are required to obtain all other necessary authorizations before proceeding with your project. You are advised that if this development will require placing fill in wetlands or working in a stream, river, or lake, permits from the U.S. Army Corps of Engineers and the Alaska Department of Fish and Game may be required. A Coastal Projects Questionnaire, which must be completed for all subdivisions, will help you identify other permits and approvals which may be required for your project. Sincerely, _d:H_a_~---- ·-' CORRESPONDENCE DISTRfBUTI~1 -f:l ACTION: COPIES: Lll v ~ al A Nicklas ronmental Engineer III RAN:cf I' ·. i· '. i " I~-~ -, : ... ' enc. 7-' L. uue Date: STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONSTRUCTION AND OPERATION CERTIFICATE for PUBLIC WATER SYSTEMS A. APPROVAL TO CONSTRUCT Plans for the construction or modification of ____________ _ __________________ public water system located in _________ , Alaska, submitted in accordance with 18 AAC 80.100 by ___ _ have been reviewed and are 0 approved. 0 conditionally approved (see attached conditions). BY TITLE DATE If construction has not started within two years of the approval date, this certificate is void and new plans and specifications must be submitted for review and approval before construction. B. APPROVED CHANGE ORDERS Change (contract order no. or descriptiVe reference) Approved by Date ------------------·-------------- C. APPROVAL TO OPERATE The "APPROVAL TO OPERATE" section must be completed and signed by the Department before any water is made available to the public. The construction of the__!_r'adl ey Lake Permanent Facilities Access Class 11 ( 11 public water system was completed on 10/12/88 (date). The system is hereby granted interim approval to operate for 90 days following the completion date. BY TITLE DATE As-built plans submitted during the interim approval period, or an inspection by the Department, has confirmed the system was constructed according to the approved plans. The system is hereby granted final approval to 0~ .d -(J~ BY 18-0407 (Rev. 11/83) En vi ronmenta 1 Engineer ILL __ TITLE 415/89 DISTRIBUTION: 1. WHITE· ENGINEER (Complete Section C) 2. YELLOW· WATER SYSTEM FILE (Complete Section C) 3. PINK · ENGINEERIMUNI-BOAOUGH (Complete Section C) 4. GOLDENROD · MUNI-BOROUGH (Complete Section A) ) DEPT. OF ENVIRONMENTAl"' CONSf:RVt\TION November 4, 1988 Mr. David Eberle Alaska Power Authority P 0 Box 190869 Anchorage, Alaska 99519-0869 RE: Bradley Lake Permanent Facilities I I I "L{.. 1 STEVE COWPER, GOVERNOR 2-5210 P.o. Box 1207 Soldotna. AK 99669 REt~ORG c- r.:: c ·.<; 1.,;·.-. Approval to Operate a Class "C" Public Water System and Wastewater Disposal System Dear Mr. Eberle: The Department has reviewed the engineered as-built drawings received for the subject project. Final approval is hereby given for the water and wastewater systems and the "Certificate to Operate" the water system is enclosed. Any future expansion of the subject project will require additional written approval from the Kenai District Office. This approval is contingent upon your receipt of any other state, federal or local authorizations which are required for your project. You are required to obtain al 1 other necessary authorizations before proceeding with your project. You are advised that if this development will require placing fill in wetlands or working in a stream, river, or lake, permits from the u.s. Army Corps of Engineers and the Alaska Department of Fish and Game may be required. A Coastal Projects Questionnaire. which must be completed for all subdivisions. wi 11 help you identifv other permits and approvals wh1ch may be required for your project. CQRRESPGr'<'DENCE DiSFliRUTiCt I ACTION: co~·-t.~3 Sincere 1 y. !------+-'/;,,:_fr_h+_L_~---L_;./__;>',_1 I} -~~u'l__;~·:1 . / /'•':• /2/ #' r r: J '--c , ;,'" J.-' G t. r/ --.J_4JA{;_f;A__J_[f:::.2:::dk _ 1----+':__:=-=:,;-./---+.....;.._______ Rand a 1 A N 1 c k 1 as s __ .,.:; ' En v 1 ron menta 1 Engineer -------+-"1]-C,--,-, .-:s-, __ ------1 -I ------------1 RAN:'-w ---- ________________ _J ( STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONSTRUCTION AND OPERATION CERTIFICATE for PUBLIC WATER SYSTEMS A. APPROVAL TO CONSTRUCT . .4 ·"""' ( -.. . ._! \_ ~ Plans for the construction or modification of Brad] ey Lake Hydroel ectric_j~.ro.ie.ct Permanent.__ Facij_i t i e5_,___£.Qwerhou~._._r""e""e-"'k~,---'a,__,.C.u1'-"a,..,.s....,s,__"_...C'-11 ________ public water system located in Kenai_Peninsu.l!LBOL.Qug.b_ _______ , Alaska, submitted in accordance with 18 AAC 80.100 byDavjJi_Eb~~_stone Webster Engineering [] approved. ~ironmental Engineer TITLE have been reviewed and are tmril 21, 1988 ATE If construction has not started within two years of the approval date, this certificate is void and new plans and specifications must be submitted for review and approval before construction. ... APPROVED CHANGE ORDERS Change (contract order no. or descriptive reference) Approved by Date C. APPROVAL TO OPERATE The "APPROVAL TO OPERATE" section must be completed and signed by the Department before any water is made available to the public. Theconstructionofthe Bradley I ake Hydroelectric Project, class 11 C11 public water system was completed on May 1 , 19 8 8 (date). The system is hereby granted interim approval to operate for 90 days following the completion date. BY TITLE DATE As-built plans submitted during the interim approval period, or an inspection by the Department, has confirmed the system was constructed according to the approved plans. The system is hereby granted final approval to operate ~~. BY TITLE DATE .. - '\I ~ SECOND AMENDMENT TO !'.~ .. DEPARTMENT OF THE ARMY LICENSE FOR USE OF LAND LOCATED ON BRADLEY LAKE HYDROELECTRIC PROJECT DACW85-3-91-88 WHEREAS, on 11 October 1991, the Department of the Army granted to the Alaska Energy Authority, State of Alaska, a one year license to construct a diversion dam located within the Bradley Lake Hydroelectric project and WHEREAS, the term of the license was extended an additional year; and WHEREAS, on 3 August 1993, Alaska Energy Authority requested renewal of said license; and WHEREAS, it has been determined to be in be best interest of both parties to amend said license. NOW THEREFORE, Department of the Army License No. DACW85-3-91-88 is hereby amended in the following particular, but in no other: The term of the license is renewed for a period of one (1) year, commencing 1 September 1993 and terminating 31 August 1994, but revocable at the will of the Secretary of the Army. This amendment is not subject to Title 10, United States Code, Section 2662. There is not any property included which would fall within the provisions of Executive Order 11593. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army on this 31st day of August 1993. FOR THE DISTRICT ENGINEER ~~~ Dennis E. Klein Chief, Real Estate Division U.S. Army Engineer District, Alaska -2- DACW85-3-91-88 The above amendment, t~~her with all the conditions of the original document, is hereby accepted this ZO day of ftu~l!"tt-1993. ALASKA E~ERGY AtJTHO~frY By n~/J__-\\··.;1 -h "'·-\, lj :f.1!S.L '1, \ ~.,; >"~, \ 1 \ . ' t...L -· FIRST AMENDMENT TO DEPARTMENT OF THE ARMY EASEMENT BRADLEY LAKE HYDROELECfRIC PROJECf, AlASKA DACWSS-2-90-24 WHEREAS, on 13 March 1990, the Department of the Army granted to Alaska Energy Authority, State of Alaska, an easement for construction and operation of an electrical distribution line located within the Bradley Lake Hydroelectric project; and WHEREAS, on 30 December 1992, Alaska Energy Authority requested renewal of said easement; and WHEREAS, it has been determined to be in be best interest of both parties to amend said easement. NOW THEREFORE, Department of the Army Easement No. DACWSS-2-90-24 is hereby amended in the following particular, but in no other: The term of the easement is renewed for a period of one year, commencing 13 March 1993 and terminating 12 March 1994, but revocable at the will of the Secretary of the Army. This amendment is not subject to Title 10, United States Code, Section 2662. There is not any property included which would fall within the provisions of Executive Order 11593. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army on this 11th day of January 1993. FOR THE DISTRICf ENGINEER. ~~ Dennis E. Klein Chief, Real Estate Division U.S. Army Engineer District, Alaska